本所动态

China to Implement Unified Work Permit Scheme

2017年03月02日

China’s foreigner employment permit and foreign expert certificate will integrate into one certificate “Foreigner Work Permit”, which is one of the efforts of Chinese government to attract foreign talents and enhance efficiency. The pilot scheme of Foreigner Work Permit started in Shanghai, Beijing, Tianjin, Hebei, Anhui, Shandong, Guangdong, Sichuan provinces and Ningxia Hui Autonomous Region in October, 2016 and the unified scheme will be implemented nationwide since April 1, 2017. 

The new scheme demonstrates the up-to-date policy of immigration that is to “attract the top talents, control the ordinary professionals, and restrict the low-level workers.” Specifically, it classifies foreigners into Top Talent (Class A), Professional Talent (Class B) and Ordinary Worker (Class C). 

1. Class A: Top Talent

Class A Top Talent refers to foreign scientists, leading persons in science and technology, international entrepreneurs, professional specialists and other high-level foreign talents in urgent demand in China who:

are selected into various recognized China talent import plans; 

meet the internationally recognized contribution standard such as Nobel Prize;

can fulfill job positions that are within encouraged catalogue;

invest their innovative technologies (and meet other thresholds of investment); 

are qualified as Outstanding Youth; or 

receive 85 or above credits under a rating system (rated based on the talent’s educational backgrounds, length of service, Chinese language proficiency, ages and etc.).

Class A Top Talent will enjoy favorable treatment, including: (1) no age limit; (2) job qualification or degree certificate not required; and (3) a written promise to replace a Certificate of No Criminal Record. 

2. Class B: Professional Talent

Class B Professional Talent refers to professionals who are in urgent need in China and meet the qualifications as specified below. 

Class B Professional Talent shall have a bachelor degree or above with 2-year full-time related working experience, or a master degree or above with an outstanding graduate award from a Chinese university, or a master degree or above from one of the top 100 universities in the world. A foreigner who will teach language in China shall teach his/her native language and have a bachelor degree or above from a university in his/her home country with more than 2-year full-time teaching experience. The talents with 60-85 credits in the rating system will fall into Class B. Class B Professional Talent will enjoy a relatively flexible treatment in terms of age limit, degree or working experience, depending on specific situation.

3. Class C: Ordinary Worker

Class C Ordinary Worker refers to workers who meet the demand of domestic labor market and conduct temporary, seasonal, non-technical or service work, including foreigners who come to China based on intergovernmental agreements, young internships based on intergovernmental agreements, foreign maids of Class A Top Talent, foreigners who engage in special work like ocean fishing, seasonal job or other work. Class C Ordinary Worker will be subject to quota. 

4. Comments

The implementation of unified foreigner work permit would lead to a simpler, clearer and less time consuming application process. However, in the meantime the new scheme indicates that Chinese government has become more selective about foreigners coming to work in China, especially in tier one cities like Beijing and Shanghai. 

© Martin Hu & Partners Attorneys at Law 
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