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itv1980
Low Seater
Joined: Mar 05, 2004
Posts: 3355
Location: Revalidation centre
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  Posted:
Mar 30, 2004 - 03:04 PM |
 
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| Post subject: Legal informatioin on important visa issues! |
This information is especially useful when you obt for a Z visa or want to live/work in China for multiple years:
Information taken from: Written by DLA. For further information, contact: janine.canham@dla.com Or tel: (852) 2103 0683 www.dla.com
DLA is an international Law firm, operating in many countries including in China. China contact:
Roy Chan
DLA
Level 25, Suites 2511 & 2512
Bank of China Tower
200 Yin Cheng Middle Road
Pudong, Shanghai
200120
China
Tel: +86 21 50372726
Fax: +86 21 50372268
Email: roy.chan@dla.com
Information on procedures obtaining work permit and Z visa:
Note: Due to nature of China, changes can occur, but these are the procedures in place for reference use. I hold no responisibilities if their are changes and some rules have been changed. The following information is the same way how I obtained my Z visa and is posted to help others as well.
All foreign nationals wishing to work in China must hold a visa for entry into China. After entering China, a foreign national must obtain a employment permit and a residence permit. Failure to do so is an offence leading to possible fines and deportation.
Any foreign national employed in China must meet the following criteria:
(1) be at least 18 years of age and in good health;
(2) have the professional skills and appropriate vocational experience required for the intended position;
(3) have no criminal record;
(4) have a definite employer; and
(5) have a valid passport or other international travel document which can be used in lieu of a passport.
In making any work application, the focus is not just on the employee. The employer must first apply to be licensed to employ that individual. A foreign national may only be recruited after the employer is licensed.
Make sure you follow the correct procedures
There are four steps to obtaining the required employment permit and residence permit in China.
1. obtaining an employment permit
2. obtaining an employment visa
3. obtaining an employment certificate
4. obtaining a residence permit
A. Obtaining an employment permit
The employer of the applicant (the "employee") will be the sponsor of the application. The following documents are required for submission by the employer to the supervising authority of the relevant industry:
(a) completed application form;
(b) letter of intent to hire;
(c) explanation of why the services of the employee are required in China;
(d) employee’s resume and work references;
(e) evidence of the state of good health of the employee; and
(f) other documents as required.
Upon approval by the supervising authority and verification of the documents by the local labour department, an employment permit will be issued. A visa notification letter together with the employment permit will be sent directly to the employee.
Foreign investment enterprises may proceed directly to the local labour department without seeking prior approval from the supervising authority. In addition to the above documents, the following documents are also required for submission when applying for an employment permit:
(a) joint venture contract and articles of association;
(b) approval certificate;
(c) business licence;
(d) application letter from the employer stating the reasons for the employment of the employee, the terms of the employment including the remuneration; and
(e) a certificate issued by an authorised employment service centre certifying that no Chinese candidates are eligible for that particular post.
For representative offices in China, there is no need to apply for an employment permit in hiring a foreigner as its chief representative. The employer must, however, seek approval from the appropriate approval authority in China. The authority will issue a working card for the employee and, based on this working card, the employee can apply for an employment visa.
Chinese law governs an employment by a Sino-foreign joint venture regardless of the governing law of the employment contract. An employment contract may be entered into with a single employee or with a group of employees. A joint venture may sign a collective employment contract with the trade union. Once the contract is signed, it is submitted to the employment bureau approval, unless local law or practice do not require this step. Since provincial and local labour departments have considerable autonomy in employment matters, procedures vary from region to region.
B. Obtaining an employment visa
Upon receipt of the visa notification letter and the employment permit, the employee may apply for an employment visa in person or through agents in Hong Kong. The following documents are required for submission:
(a) completed visa application form;
(b) the visa notification letter;
(c) the employment permit;
(d) original passport with at least 12 months validity left before expiration;
(e) a passport photo; and
(f) letter of employment from the employer.
For family members of the employee, they may apply for their dependent visas by submitting with their completed visa application forms, their original passports, one passport photo, birth certificate or marriage certificate (as appropriate).
The employment visa will be issued in around one to two weeks. The employee and his/her dependents must enter China within 90 days after the issue of the employment visa.
C. Obtaining an employment certificate
Within 15 days after the employee entering into China, the employer must apply for an employment certificate from the local labour department by submitting the following documents:
(a) completed application form;
(b) the employment permit;
(c) a physical examination record issued by the Sanitation and Anti-Epidemic Department or a health certificate issued by a public hospital recognised by the Sanitation and Anti-Epidemic Department;
(d) three passport photos;
(e) the employment contract; and
(f) the original passport.
The validity of the employment certificate is restricted to the region as specified by the local labour department.
D. Obtaining a residence permit
The employee must report to the municipal or county Public Security Bureau at the place where he/she is to reside within 30 days of entering China and complete foreign residence permit or foreign temporary residence permit procedures. A foreigner’s residence permit is given to those staying in China for one year or longer, while a foreigner’s temporary residence permit is given to those staying less than a year.
The following documents are required for submission for applying a residence permit:
(a) official letter from the employer;
(b) a physical examination record issued by the Sanitation and Anti-Epidemic Department or a health certificate issued by a public hospital recognised by the Sanitation and Anti-Epidemic Department;
(c) explanation of the reason for staying in China;
(d) a copy of the business licence of the employer;
(e) a foreign-invested enterprise approval certificate issued by the Municipal Commission for Foreign Trade and Economic Affairs (for employees employed by foreign invested, owned or co-operative ventures);
(f) original passport; and
(g) two passport photos.
The employee and his/her dependents should also apply for re-entry visas if they intend to travel outside China during their stay.
Note: when required to hand in passphotos make sure you'll have both 1" and 2" passphoto's avaible. Some institutions require 1" anbd some others require 2" having them both will surely speed up process and avoid irritations.
Note2: When dealing with these institutions yourself, make sure you take your patience along, while English is barely spoken and having your colleague or HRM manager (Chinese) along will defenately help your process.
Hope this will help and can help our friends and other people who want to work in China,
Cheers,
Ivo
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Last edited by itv1980 on Apr 05, 2004 - 09:32 PM; edited 1 time in total |
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cata
Barker
Joined: Jan 09, 2004
Posts: 185
Status: Offline
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Apr 02, 2004 - 03:59 PM |
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Wow! Good Job IVO, it's very informative.  Thank you. It will help a lot of people coming to China who have a lot of questions in mind:) (Like us) |
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Slowbiker
Reacher
Joined: Oct 09, 2002
Posts: 285
Location: Shanghai, Hong Kong, Macau, London,
Status: Offline
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Apr 02, 2004 - 07:51 PM |
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itv1980
Low Seater
Joined: Mar 05, 2004
Posts: 3355
Location: Revalidation centre
Status: Offline
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Apr 05, 2004 - 09:23 PM |
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DLA: you can e-mail janine.canham@dla.com for this question. I used the tekst from their website when I applied for the Z visa.
When you find it out you can post it here too including a link to their website. I made the tekst into a word document and thought to copied everything, except the website link. Sorry for that.
I'll look for it too and when find it post it here too.
Ivo |
_________________
RRRRRRRRGGGGHHH!!! |
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itv1980
Low Seater
Joined: Mar 05, 2004
Posts: 3355
Location: Revalidation centre
Status: Offline
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Apr 05, 2004 - 09:33 PM |
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DLA is an international law firm: www.dla.com
updated the first post as well, added China contact. plus website
Ivo |
_________________
RRRRRRRRGGGGHHH!!! |
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esoteric
Lurker
Joined: Apr 02, 2004
Posts: 21
Status: Offline
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Apr 08, 2004 - 04:31 PM |
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The agency in Shanghai that my employer has assigned to help with obtaining visa/work permit etc. has requested a " a Qualification Certificate " ?? Can anyone help me understand what this may be ? This is required in addition to my resume/CV !! Thanks |
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