Guidelines for Alien Employment in Shenzhen
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Guidelines for Alien Employment in Shenzhen
Author:Xinchengda   Article source: Shenzhen Xinchengda Financial Consultancy Co., Ltd.  Hits:1399  Add time:2010-12-30  
  
 
 
 
    I Any foreigner seeking employment in Shenzhen shall meet the following conditions:
   (1)18 years of the age or older and in good health;
   (2)With professional skills and job experience required for the work of intended employment ;
   (3)With no criminal record ;
   (4)A clearly-defined employer;
   (5)With valid passport or other international travel document in lieu of the passport (hereinafter referred to as the travel document);
(6)The post to be filled by the foreigner recruited by the employer shall be the post of special need,a post that cannot be filled by any domestic candidates for the time being but violates no government regulations.
 
 
II Procedures of application and documents required
 
   (I) Procedures concerning the application for the Alien Employment Permit for the first time
   1. Employer shall register its need for alien employment on the Foreign Employment Online Application System and applies for Alien Employment License;
   2. With the pre-approval obtained through online application, the employer shall submit the following documents and materials to the foreign employment service center:
  (1)The curriculum vitae of the foreigner to be employed (one original in Chinese, signed by the applicant and sealed with the common seal of the employer);
  (2)The letter of intention for employment (one original sealed with the common seal of the employer, signed by both employer and employee) ; the letter of appointment from an investor or headquarter (applicable to those who can be assigned by the investor in accordance with the Articles of Association or to those who are assigned to a brunch office or a foreign enterprise permanent office in Shenzhen by the headquarter, one copy required and the original shall be presented for verification, the letter of appointment specifies the reason, the title, the term of appointment, etc.);
  (3)The report of reasons for application for Alien Employment License (one original, issued by the employer and sealed with the common seal, please check the online policy Q&A for details);
  (4)The credentials of the foreigner required for the performance of the job (educational certificate, certificate of vocational qualifications);
   For the skillful talents in demand, documents evidencing the working competence, such as letters of recommendation from former employers etc are also acceptable. The original letter of recommendation is required. For other documents, one copy is required while the original shall be presented for verification. Any foreign language document must be accompanied by a full Chinese translation;
  (5)Applicant’s valid passport or other international travel document in lieu of the passport (one copy required );
  (6)The business license in the case of an enterprise employer, or the registration certificate in the case of a non-profit institute, social organization or a representative office of a foreign enterprise in Shenzhen, is required; the approval document from the government is required for an employer in other categories (one copy required and the original shall be presented for verification in any case);
  (7)A List of Alien Employment (sealed with the common seal of the employer);
  (8)An Alien Employment Application Form(one original with the photo of the applicant, signed by the applicant and sealed with the common seal of the employer) ;
   Applicant is exempted from item (1), item (2), item (3) and item (4) mentioned above in the case of an investor, legal representative or principal of branch. However, a Foreign-Funded Enterprise Certificate and the Articles of Association are required in the case of an investor;
Applicant is exempted from above-mentioned item (1), item (2) and item (4) in the case of member of the board of directors or supervisors. However, documents related to appointment are required.
The approval/rejection of the Alien Employment License shall be completed within 4 working days as of the submission of the application.
   3. Procedures concerning the Alien Employment Permit of the People’s Republic of China (hereinafter referred to as the Alien Employment Permit):
  (1)The following documents are required for the employment of those who have obtained the Alien Employment License:
   ①Alien Employment License (original);
   ②The employment visa or The Notice for Employment Visa and Residence Permit Application issued by the Public Security Bureau of Shenzhen City (one copy required and the original shall be presented for verification);
   ③The valid passport or other international travel document in lieu of the passport (the original shall be presented for verification);
   ④The Foreigner Physical Examination Certificate issued by Shenzhen Entry-Exit Inspection and Quarantine Bureau or the verification certificate of The Foreigner Physical Examination Record (one copy required and the original shall be presented for verification);
   ⑤The labor contract between the employer and the said applicant (one copy required and the original shall be presented for verification);
   Important notice: The labor contract shall not exceed a maximum period of 5 years. Applicant is exempted from this requirement in the case of an investor, legal representative, principal of branch, member of the board of directors or supervisors, or representative of a foreign enterprise permanent office. But the representative of a foreign enterprise permanent office shall present Working Card issued by the Market Supervision Administration of Shenzhen Municipality.
   ⑥Two recently taken two-inch half-length,bareheaded and full-faced photos of the employment applicant.
  (2)The following documents are required from employment applicants who are exempted from the obligation of obtaining the Alien Employment License for the reason of being the chief foreign representatives of foreign enterprise permanent offices in Shenzhen:
   ①The valid passport or other international travel document in lieu of the passport and valid Z visa (one copy required and the original shall be presented for verification);
   ②The Foreigner Physical Examination Certificate issued by Shenzhen Entry-Exit Inspection and Quarantine Bureau or the verification certificate of The Foreigner Physical Examination Record (one copy required and the original shall be presented for verification);
   ③Registration Certificate of Foreign Enterprises Permanent Office (one copy required and the original shall be presented for verification);
   ④A List of Alien Employment (properly sealed with the common seal of the employer);
   ⑤An Alien Employment Application Form (one original with the photo of the applicant, signed by the applicant and sealed with the common seal of the employer);
⑥Two recently taken two-inch half-length,bareheaded and full-faced photos of the employment applicant.
   (Ⅱ) Procedures concerning the extension of the Alien Employment Permit
   If the employer needs to continue employing an alien worker before the expiry of the Alien Employment Permit, he/she shall submit an application to the Human Resources and Social Security Authority 30 days ahead of the expiration date.
1.Employer shall register its need for the extension of alien employment through the Foreign Employment Online Application System;
2. With the pre-approval obtained through online application, the employer shall submit the following documents and materials to the foreign employment service center:
   (1)A List of Alien Employment (properly sealed with the common seal of the employer);
   (2)An Alien Employment Extension Application Form (signed by the applicant and sealed with the common seal of the employer);
   (3)The valid passport or other international travel document in lieu of the passport and Residence Permit (one copy required and the original shall be presented for verification);
   (4)The labor contract between the employer and the said applicant or the letter of appointment from an investor or headquarter (one copy required and the original shall be presented for verification);
   Important notice: The labor contract shall not exceed a maximum period of 5 years. The letter of appointment is applicable to those who can be assigned by the investor in accordance with the Articles of Association or to those who are assigned by headquarter to a brunch office or a foreign enterprise permanent office in Shenzhen. The letter of appointment should specify the reason, the title, the term of appointment, etc.;
  (5)The business license in the case of an enterprises employer, or the registration certificate in the case of a non-profit institute, social organization or a foreign enterprise permanent office in Shenzhen, is required; the approval document from the government is required for an employer in other categories (one copy required and the original shall be presented for verification in any case);
  (6)The Alien Employment Permit (original); two recently taken two-inch half-length,bareheaded and full-faced photos of the employment applicant are required for the renewal in case the pages for extension records running out.
Applicant is exempted from item (4) mentioned above in the case of an investor, legal representative, principal of branch, member of the board of directors or supervisors, or representative of foreign enterprise permanent office. However, a Foreign-Funded Enterprise Certificate and the Articles of Association are required in the case of an investor. Relevant documents related to appointment are required in the case of member of the board of directors or supervisors. The representative of foreign enterprise permanent office shall present Working Card issued by the Market Supervision Administration of Shenzhen Municipality.
Extension of the Alien Employment Permit shall be completed within 1 working day as of  the submission of the application.
   (Ⅲ) Procedures concerning the re-issue of Alien Employment Permit
1.An Application Form for Re-issue of Employment Permit for Foreigners and Taiwan, Hong Kong and Macao Residents (one original sealed with the common seal of the employer);
   2.A Letter of Application for Re-issue of Alien Employment Permit (one original sealed with the common seal of the employer);
   3.Two recently taken two-inch half-length,bareheaded and full-faced photos of the employment applicant.
(Ⅳ) Items to be changed
The employer shall submit the following documents and materials to the foreign employment service center after online application.
   1. Change regarding information for the Alien Employment Permit
   (1)An Application Form for Re-issue of Employment Permit for Foreigners and Taiwan, Hong Kong and Macao Residents (one original sealed with the common seal of the employer);
   (2)An application letter for update of the Alien Employment Permit (one original sealed with the common seal of the employer);
   (3)Relevant document evidencing the update (e.g., updated business license, valid passport, visa or labor contract; one copy required and the original shall be presented for verification);
   (4)The Alien Employment Permit (original); Two recently taken two-inch half-length,bareheaded and full-faced photos of the employment applicant are required for the renewal.
   2.Change regarding the title of the alien employee
   (1)An Application Form for Re-issue of Employment Permit for Foreigners and Taiwan, Hong Kong and Macao Residents (one original sealed with the common seal of the employer);
   (2)An application letter for update of the Alien Employment Permit (one original sealed with the common seal of the employer);
   (3)Document evidencing the qualifications of the applicant (educational certificate, certificate of vocational qualifications).
   For the skillful talents in demand, documents evidencing the working competence, such as letters of recommendation from former employers etc are also acceptable. The original letter of recommendation is required. For other documents, one copy is required while the original shall be presented for verification.
   3.Application for change of the employer while the alien employee continues working in the same trade in the jurisdiction of Shenzhen City
   (1)The former employer shall cancel the Alien Employment Permit;
   (2)The latter employer shall register its need for alien employment on the Alien Employment Online Application System and, after the pre-approval of the online submitted application, submits the following documents:
   ①The valid passport or other international travel document in lieu of the passport and Residence Permit (one copy required and the original shall be presented for verification); 
   ② The report of reasons for application for Alien Employment Permit (one original sealed with the common seal);
   ③ The labor contract between the employer and the said foreigner (one copy required and the original shall be presented for verification, the labor contract shall not exceed a maximum period of 5 years);
   ④The certificate of the cancellation of the previous Alien Employment Permit;
   ⑤The business license in the case of an enterprise employer, or the registration certificate in the case of a non-profit institute, social organization or a representative office of a foreign enterprise in Shenzhen, is required; the approval document from the government is required for an employer in other categories (one copy required and the original shall be presented for verification);
   ⑥A List of Alien Employment (properly sealed with the common seal of the employer);
   ⑦An Alien Employment Application Form (one original with the photo of the applicant, signed by the applicant and sealed with the common seal of the employer);
   ⑧Two recently taken two-inch half-length,bareheaded and full-faced photos of the employment applicant.
   Applicant is exempted from item (2) and item (3) mentioned above in the case of an investor, legal representative, or principal of branch. However, a Foreign-Invested Enterprise Certificate and the Articles of Association are required in the case of an investor.
   Applicant is exempted from item (3) mentioned above in the case of member of the board of directors or supervisors. However, relevant documents related to appointment are required.
Applicant is exempted from item (3) mentioned above in the case of a representative of a foreign enterprise permanent office. However, the representative shall present Working Card issued by the Market Supervision Administration of Shenzhen Municipality.
Procedure shall be completed within 1 working day as of the submission of the application.
   (Ⅴ)Procedures for cancellation and transfer of the Alien Employment Permit
   The employer shall submit the following documents and materials to the foreign employment service center after online application:
   1.Application Letter for cancelling the Alien Employment Permit (prepared by the employer,one original sealed with the common seal of the employer);
   2. Certificate of contract termination(applicable to those who signed a labor contract, one copy required and the original shall be presented for verification);
3.The original Alien Employment Permit.
Procedure shall be completed  upon the submission of the application.
   (Ⅵ)Annual Inspection of the Alien Employment Permit
Human Resources and Social Security Administration of Shenzhen Municipality annually inspects the Alien Employment Permit. In the case of an Alien Employment Permit with a validity of over one year, the employer shall have the Permit inspected with competent Human Resources and Social Security Authority within 30 days prior to the end of every year of employment of the foreigner.
   The following documents are required:
   1.An Alien Employment Permit Registration Form for Annual Inspection (sealed with the common seal of the employer);
   2.The valid passport or other international travel document in lieu of the passport and Residence Permit (one copy required and the original shall be presented for verification);
3.The business license in the case of an enterprise employer, or the registration certificate in the case of a non-profit institute, social organization or a representative office of a foreign enterprise in Shenzhen, is required; the approval document from the government is required for an employer in other categories (one copy required and the original shall be presented for verification in any case);
Annual inspection of theAlienEmployment Permit shall be completed  upon the submission of the application.
 
 
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