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Examination and approval of employment licenses for foreign nationals, and residents from Taiwan, Hong Kong, and Macao in Yunnan province

Updated: 2011-08-22 16:51

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Examination and approval objects:

1. Foreign nationals to be employed by employing unit;

2. Inhabitants of Taiwan, Hong Kong and Macao to be employed by employing unit.

Approving authorities: Provincial department of labor and social security, and municipal and prefectural labor and social security bureau authorized by provincial department of labor and social security. The labor and employment administrative organization in the department or bureau handles the affairs. The provincial labor and social security administrative department that manages the affairs: employment bureau under provincial department of labor and social security

Address: No. 16 Ruyiyuan, Central Renmin road, Kunming city, Yunnan province, China Tel: 0871-3617524

Examination and approval conditions:

1. Foreign nationals seeking employment in China shall meet the following requirements:

(1) 18 years of age or older and in good health;

(2) With necessary professional skills and corresponding work experiences;

(3) No record of criminal convictions;

(4) With definite employing unit;

(5) With valid passport or other international travel documents to replace passport.

2. The employing unit shall employ foreign nationals according to relevant provisions to the posts of special demands. The employing unit shall not employ foreign nationals to engage in commercial art performances, except for those with Temporary Commercial Art Performance License issued by Ministry of Culture.

Procedures for examination and approval

1. When it employs foreign nationals, and residents of Taiwan, Hong Kong and Macao, the employing unit shall fill in the Application Form to Employ Foreign National or Application Form to Employ Resident of Taiwan, Hong Kong and Macao to Work in Chinese Mainland, and submit the application to the department in charge of the industry.

2. The employing unit shall report to the labor and social security administrative department with examination and approval of the department in charge of the industry, and submit valid materials as required.

3. The handling personnel of the labor and social security administrative department shall examine the application materials, raise necessary questions to the employing unit, and make preliminary examination opinion on the applications conforming to the requirements.

4. As for the applications related to employing foreign nationals, the employing unit shall submit relevant materials on the occupation visa of the foreign national, with preliminary examination of the labor and social security administrative department, to the public security department to examine the residential qualification of the foreign national.

5. The employment handling organ of the labor and social security administrative department shall sign and issue an employment license and employment permit to the eligible applicants with a stamp seal on the employment registration form.

Time limit for examination and approval:

Since the date of receiving the application, the labor and social security administrative department shall complete handling the employment license and employment permit for foreign national within 15 working days, and complete handling employment permit for residents of Taiwan, Hong Kong and Macao in seven working days. It shall extend the employment permit for foreign nationals and residents of Taiwan, Hong Kong and Macao in three working days.

Supervision measures:

1. The labor and social security administrative department shall implement an annual check system on employment permits. When it employs foreign national, or resident of Taiwan, Hong Kong and Macao for a full year, the employing unit shall handle the employment annual check with the labor and social security administrative department 30 days before the expiration. The employment permit shall lose efficacy once it is expired.

2. The employment contract of the employing unit shall be terminated at maturity. If it needs to be continued, the employing unit shall submit an extension application to the labor and social security administrative department one month before the original contract expires.

3. As for personnel dismissed by the employing unit or whose contract is automatically terminated, the employing unit shall duly report to the labor and social security administrative department, and hand in the employment permit for cancellation.

4. The employing unit shall be punished according to relevant management provisions, if it employs foreign national, or resident of Taiwan, Hong Kong and Macao without approval. The foreign national, or resident of Taiwan, Hong Kong and Macao shall also be punished according to relevant management provisions, if they seek employment without approval.

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