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Announcing and Experimenting the Relating Procedures for Foreigner Entering China for Completing Short Term Work

2015-February-6       Source: Newsgd.com

Foreign Affairs, the Ministry of Public Security and the Ministry of Culture jointly announced the Relating Procedures for Foreigner Entering China for Completing Short Term Work (Experimental)" (hereinafter referred to as the "Procedure"), detailing and making supplement to many aspects, such as procedure and the definition of short term work, standardizing the behavior of foreigners in China and in the meantime providing accordance and guidelines for relevant departments for execution. The Procedure will be effective on 1 Jan, 2015.

Foreign Affairs, the Ministry of Public Security and the Ministry of Culture jointly announced the Relating Procedures for Foreigner Entering China for Completing Short Term Work (Experimental)" (hereinafter referred to as the "Procedure"), detailing and making supplement to many aspects, such as procedure and the definition of short term work, standardizing the behavior of foreigners in China and in the meantime providing accordance and guidelines for relevant departments for execution. The Procedure will be effective on 1 Jan, 2015.

The Procedure has impact on following situations:

Firstly, for foreigner who stays in China for less than 90 days for the following reasons, M visa or F visa are no longer applicable for entry, and they must obtain the work permit issued in accordance with the Procedure and Z visa:

(a) For completing a certain technology, scientific research, management or guidance, etc. with joint partner in China;

(2) For experimental training in Chinese sports institutions (including coaches and athletes);

(3) For making film(including commercials, documentaries);

(4) For fashion show (including models, film print ads, etc.);

(5) For engaging in foreign-related commercial performance;

(6) For other circumstances confirmed by Human Resources and Social Security Departments;

Secondly, for foreigner who stays in China for less than 90 days for the following situations which shall not be regarded as short term work, the M visa shall be obtained for situation (1) and (2), (3), (4), and for situation (5) and (6), the foreigner shall apply for F visa:

(a) For completing set of machinery and equipment maintenance, installation, commissioning, disassemble, guidance and training after purchase;

(2) For performing guidance, supervision and inspection for tender accepted project in China;

(3) For being sent to branches, subsidiaries and representative offices in China for short-term work;

(4) For participating in sports events (such as athletes, coaches and medical staff, the assistant personnel. Except for foreigner enters China for completion with registration card approved by the relevant department, according to the demand of the international sports organizations).

(5) For unpaid work or volunteers and volunteer paid by oversea institution, etc.;

(6) For the approval documents issued by cultural department doesn’t indicate “foreign-related commercial performance”;

Besides, for the first article and situation (1) and (2), (3), (5) included in the second article, the foreigner who stays in China for more than 90 days, shall apply for the relevant procedures in accordance with the Regulation for Foreigners Working in China.

(This information is provided by Lawyer Kelly Xie from Guangdong KaiTong Law Firm in friendship. It is not any legal opinion or legal grounds addressed to any organization or individual. For inquiry, please contact Kelly via email at Kelly_xie@ktlf.com.cn or by phone on 13926185641.)

 

Editor: 王凯

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