|
CHAPTER III APPLICATION AND EXAMINATION & APPROVAL
Article 11 With respect to an employing unit which is to employ foreign people, it shall fill in the Employment Application Form For Foreign People (hereinafter referred to as "Application Forms"), and apply to the trade competent at the same level as its labour administrative competent department (hereinafter referred to as "the Trade Competent Department"), and report the following valid documents:
1. Resume approvals of the foreign people to be employed;
2. Intention Letters of employment;
3. Report of the reasons for the employment of the foreign people;
4. Quality approvals of the foreign people to be employed for the occupations to be taken up;
5. Healthy condition approval of the foreign people to be employed; and6. Other documents demanded by the laws and provisions. The trade competent department shall be in charge of the examination and approval in accordance with the stipulations of Articles 6 and 7 and the relevant laws and provisions.
Article 12 If an employing unit receives ratification from the trade competent department, it shall, by presenting the application forms, apply to the labour administrative department in its locality at the level of the province, autonomous region and the municipality directly under the Central Government and to their authorized labour administrative department at the prefecture level for procedures of verification and ratification. These two kinds of labour administrative departments shall appoint a special organ (hereinafter referred to as "the Certificate Issuing Organ") to be responsible for the issue of permits. The certificate issuing organ shall reach verification and ratification in accordance with the opinion of the trade competent department and the requirement of the labour force market, then it will issue the license certificates as requested by the employing units.
Article 13 With respect to the employing units at the level of the Central Government, and to those without trade competent department, if they may directly raise their application to the certificate issuing organs of the labour administrative department and implement procedures of the occupational permits. With respect to the enterprises with foreign investment, if they employ foreigners, they may do so, without examination and approval from the trade competent department; instead they may apply for the permit certificates directly form the certificate issuing organs of the labour administrative department in accordance with the contracts, the articles of association, the approving certificates, the business licenses and the documents stipulated in Article 11 of these regulations.
Article 14 With respect to the employing units that are approved to employ foreigners, they are not entitled to issue permit certificates to the foreign people to be employed directly, instead it is their authorizing units that are to deliver letters of notifying visa and the permit certificates to the foreigners to be employed.
Article 15 With respect to the foreigners who are approved to work in China shall submit the permit certificates issued by the labour department, the letters of notifying visas of the authorizing units and the valid passports issued by their countries or other documents equally valid as the passports to the Chinese ambassadors. Consulates and departments in their countries for application for occupational visas. With respect to those foreign people who are up to the stipulations of Item I of Article 9 of these regulations, they shall apply for occupational visas in accordance with the letters of notifying visas issued by the authorizing units; with respect to those who meet the stipulations of Item 2 of Article 9 of these regulations, they shall apply for occupational visas by following the letters or telegrams of notifying visas issued by the General Ocean Oil Company; with respect to those who are up to the stipulations of Item 3 of Article of these regulations, they shall apply for occupational visas in accordance with the letters and telegrams delivered by the foreign affairs office of the people's government of the relevant province, autonomous region and municipality directly under the Central Government, and with the documents of the Ministry of Culture. With respect to those who are up to the stipulations of Item I of Article 10 of these regulations, they shall apply for occupational visas in accordance with the notifying letters and telegrams of the authorizing units and the certificates of cooperative exchanging projects; with respect to those who are up to the stipulations of Item 2 of Article 10 of these regulations, they shall apply for occupational visas in accordance with the notifying letters and telegrams mailed by the authorizing units and registration approvals issued by the industrial and commercial administrative department.
Article 16 The employing until shall, by presenting the permit certificates, the labour contract concluded between itself and the employed foreigners, and the valid passports or the replacements equally valid as the passports, apply to the original certificate issuing organs for occupational certificates for the foreigners and complete the Employment Recording Form For the Foreign People within 15 days beginning from the day when they enter into China. The occupational certificates are effective only within the territory stipulated by the issuing organs.
Article 17 The foreigners who have implemented the occupational certificates shall, by presenting the occupational certificates, apply to the public security organs for settlement certificates within 30 days beginning from their entry. The valid period of time fixed for the settlement certificates may be confirmed in accordance with that for the occupational certificates.
Editor: Wing
|
