Circular of the Ministry of Labor and Social Security General Office concerning the Related Issues on Enhancing the Management of Employment of Foreigners in China

Circular of the Ministry of Labor and Social Security General Office concerning the Related Issues on Enhancing the Management of Employment of Foreigners in China

Lao She Ting Fa [1998] No. 19

December 7, 1998

The departments (bureaus) of labor and social security of the provinces, autonomous regions, and municipalities directly under the Central Government,

Since the Rules for the Management of Employment of Foreigners in China (Lao Bu Fa [1996] No. 12, hereinafter referred to as the Rules) was implemented on May 1, 1996, the management of employment of foreigners in China has been gradually brought onto the legal path with joint efforts and close cooperation of all local departments, and has made solid achievements. For the purpose of further enhancing the management of employment of foreigners in China, we hereby inform you about the related issues as follows:

I. In respect of foreign investors in China, those who do not directly participate in enterprise business management shall not be regarded as been employed in China, and shall not hold an Employment Visa. Those who directly participate in enterprise business management and hold managing positions shall go through related employment procedures according to the Rules.

II. Chief representatives and representatives of resident offices of foreign enterprises in China, who did not hold Employment Visas on entry into China, shall apply for Employment Visa and Employment Permit for Foreigners with the Registration Certificate of Resident Office of Foreign Enterprise and Working Certificate of Resident Office of Foreign Enterprise.
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