by the General Office of the State Council on Transferring the Regulations on Facilitating the Entry and Residence for Foreign Talents and Investors Issued by the Ministry of Public Security and the Ministry of Foreign Affairs
Document No. (4) , 2002
issued by the International Cooperation Department of Shanghai Municipal labour Social Security Bureau, October 14, 2002
To all district or county labour and social security administration, all superior bureaus and state holding (group) corporations:
In order to implement the Circular by the General Office of the State Council on the Transferring the Regulations on Facilitating the Entry and Residence of the Foreign Talents and Investors issued by the Ministry of Public Security and of Foreign Affairs, (hereinafter referred to as the Circular), the following rules concerning the administration of employment of aliens shall be applied:
I. In case that the aliens, who have met the the stipulated conditions as in Item 1 of the Circular and thus are eligible for the convenience for entry and residence in China, enter the country holding L, F or X-typed visa and want to work in Shanghai, their employing units can apply to the Shanghai Municipal Labour & Social Security Bureau (hereinafter referred to as the “Certificate Office”) for the employment license for foreigners and the alien’s work permit with the following documentations at the same time: 1. the application letter of the employing unit; 2. two correctly filled-out employment registration forms of foreigners; 3. a copy of business license or registration certificate, the organization code and the Approval Certificate for the foreign-invested enterprises; 4. the valid passport and visa of the foreigner (original and copy); 5. the curriculum vitae of the foreigner; 6. the relevant documentations showing the foreigner is eligible for the convenience for the entry and residence as specified in the Circular; 7. the labour contract or the documentation for the assignment of the foreigner by the overseas company (copy); 8. the health certificate issued or confirmed by the Entry/Exit Inspection & Quarantine Administration (copy); 9. three passport photos of the foreigner
For the overseas student who hold X-typed visa and meet the requirement as specified in the Circular, if he/she seeks employment, he/she has to provide graduation certificate or documentation for leaving school in addition to the documentations mentioned above.
II. The term of the Alien’s Work Permit is determined according to the labour contract or the assignment agreement between the foreigner and the employing unit, but the maximum term shall not exceed either five years or the term of the business license or the registration certificate as well as the passport of the foreigner;
The term of work permit of the representative or chief representative of the permanent Shanghai Office of overseas company is determined according to its Work Certificate of the China Permanent Representative Office of Overseas Company. The Certificate Office shall check the work permit validated more than one year. For each full year when the employing unit employs the foreigner, the employing unit shall go to the Certificate Office for annual review 30 days before the end of the full year with the filled-out form of Annual Review of Alien’s Work Permit.
Where the employing unit has not gone through the procedure for annual review for more than three months, the Certificate Office shall cancel the Alien’s Work Permit.
The attached is the six categories of personnel who are eligible for the convenience for entry and residence as specified in the Circular.
The six categories of personnel who are eligible for the convenience for entry and residence: 1. the senior consultant invited by the government departments at or above the provincial (ministerial) level; or high-tech personnel, senior management personnel implementing the technical cooperative project or important infrastructure program or talent exchange program signed by the central government or the local government (at the provincial level) and other countries. 2. the personnel who have made great or outstanding contributions to the country or society, and those who perform the aid agreement between the governments. 3. the bellwether in the academic or scientific field employed by the key universities, the scientific research institutes at or above the provincial (ministerial) level, or those whose title is assistant professor or assistant research fellow or above, or those academic or research backbone, who are graded equivalently; 4. those whose position is assistant managing director or above, or the senior management personnel and important technical personnel who are graded equivalently; 5. the investor who invested one million US dollars in the main poverty-stricken counties in the middle and western areas singled out by the central government and 3 million US dollars in the other areas of the country as well, and the management and technical personnel assigned by foreign companies or other entities meeting the above conditions; 6. the overseas Chinese winning the important international scientific awards or the other distinguished overseas Chinese.
by the General Office of the State Council on Transferring the Regulations on Facilitating the Entry and Residence for Foreign Talents and Investors Issued by the Ministry of Public Security and the Ministry of Foreign Affairs
Document No. (4) , 2002
issued by the International Cooperation Department of Shanghai Municipal labour Social Security Bureau, October 14, 2002
To all district or county labour and social security administration, all superior bureaus and state holding (group) corporations:
In order to implement the Circular by the General Office of the State Council on the Transferring the Regulations on Facilitating the Entry and Residence of the Foreign Talents and Investors issued by the Ministry of Public Security and of Foreign Affairs, (hereinafter referred to as the Circular), the following rules concerning the administration of employment of aliens shall be applied:
I. In case that the aliens, who have met the the stipulated conditions as in Item 1 of the Circular and thus are eligible for the convenience for entry and residence in China, enter the country holding L, F or X-typed visa and want to work in Shanghai, their employing units can apply to the Shanghai Municipal Labour & Social Security Bureau (hereinafter referred to as the “Certificate Office”) for the employment license for foreigners and the alien’s work permit with the following documentations at the same time:
1. the application letter of the employing unit;
2. two correctly filled-out employment registration forms of foreigners;
3. a copy of business license or registration certificate, the organization code and the Approval Certificate for the foreign-invested enterprises;
4. the valid passport and visa of the foreigner (original and copy);
5. the curriculum vitae of the foreigner;
6. the relevant documentations showing the foreigner is eligible for the convenience for the entry and residence as specified in the Circular;
7. the labour contract or the documentation for the assignment of the foreigner by the overseas company (copy);
8. the health certificate issued or confirmed by the Entry/Exit Inspection & Quarantine Administration (copy);
9. three passport photos of the foreigner
For the overseas student who hold X-typed visa and meet the requirement as specified in the Circular, if he/she seeks employment, he/she has to provide graduation certificate or documentation for leaving school in addition to the documentations mentioned above.
II. The term of the Alien’s Work Permit is determined according to the labour contract or the assignment agreement between the foreigner and the employing unit, but the maximum term shall not exceed either five years or the term of the business license or the registration certificate as well as the passport of the foreigner;
The term of work permit of the representative or chief representative of the permanent Shanghai Office of overseas company is determined according to its Work Certificate of the China Permanent Representative Office of Overseas Company.
The Certificate Office shall check the work permit validated more than one year. For each full year when the employing unit employs the foreigner, the employing unit shall go to the Certificate Office for annual review 30 days before the end of the full year with the filled-out form of Annual Review of Alien’s Work Permit.
Where the employing unit has not gone through the procedure for annual review for more than three months, the Certificate Office shall cancel the Alien’s Work Permit.
The attached is the six categories of personnel who are eligible for the convenience for entry and residence as specified in the Circular.
The six categories of personnel who are eligible for the convenience for entry and residence:
1. the senior consultant invited by the government departments at or above the provincial (ministerial) level; or high-tech personnel, senior management personnel implementing the technical cooperative project or important infrastructure program or talent exchange program signed by the central government or the local government (at the provincial level) and other countries.
2. the personnel who have made great or outstanding contributions to the country or society, and those who perform the aid agreement between the governments.
3. the bellwether in the academic or scientific field employed by the key universities, the scientific research institutes at or above the provincial (ministerial) level, or those whose title is assistant professor or assistant research fellow or above, or those academic or research backbone, who are graded equivalently;
4. those whose position is assistant managing director or above, or the senior management personnel and important technical personnel who are graded equivalently;
5. the investor who invested one million US dollars in the main poverty-stricken counties in the middle and western areas singled out by the central government and 3 million US dollars in the other areas of the country as well, and the management and technical personnel assigned by foreign companies or other entities meeting the above conditions;
6. the overseas Chinese winning the important international scientific awards or the other distinguished overseas Chinese.
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