Application for Work Permit for Foreign Nationals 

Foreign nationals working in Hainan are divided into three categories: High-Level Foreign Talents (Category A), Foreign Professionals (Category B), and Other Foreign Personnel (Category C), with differentiated services offered accordingly. (Article 5 of the Interim Measures for the Administration and Services of Work Permits for Foreigners in Hainan)

High-Level Foreign Talents (Category A) refers to foreign nationals who are urgently needed in Hainan province for the development of the economy and society, such as scientists, technology leaders, international entrepreneurs, and other specialized and exceptional talents in high-tech fields. There are no age restrictions for high-level talents (Category A). This category primarily includes foreign nationals who:

(1) meet the standards for high-level talents (Category A) in the “Classification Criteria for Foreigners Working in China (Trial)”,

(2) meet relevant regulations in the “Hainan Provincial Classification Criteria for High-Level Talents”,

(3) have an average salary not less than four times the provincial average in the previous year.

Foreign professionals (Category B) refer to foreigners with a bachelor's degree or a professional qualification certificate, who are urgently needed for the development of the local economy and society. There is no age limit for foreign professionals (Category B). This category primarily includes foreign nationals who:

(1) foreigners who meet the standards of foreign professionals (Category B) in the Classification of Foreigners Working in China (Trial);

(2) foreign graduates from well-known domestic or overseas universities with a bachelor's degree or higher, who work with or start businesses in the province;

(3) foreign language teachers who teach their mother tongue and have a bachelor's degree or higher and have more than one year of language education experience. Those who have obtained a bachelor's degree or higher in education, language, or teacher training, or have obtained a teaching qualification certificate in their home country or an international language teaching certificate that meets the requirements, are exempt from the work experience requirement;

(4) the average salary is not less than three times the provincial average in the previous year.

3、(Category C) foreign personnel refers to various skilled and practical personnel who meet the labor market demand and are needed for the construction of the province's free trade zone (port) based on national policy regulations. The age requirement for Category C is less than 65 years old.

Required Documents for Foreign Nationals Applying for a Work Permit

Application Form for Foreign Nationals’ Work Permit in China

The form shall be completed and printed online, signed by the applicant (scanned or faxed copy acceptable), and stamped with the official seal of the employer or the authorized institution before being uploaded to the system.

Certificate of Work Experience

A certificate issued by the applicant’s previous employer detailing experience in relation to the position being applied for in China, including job title, duration, and specific projects, must bear the official seal or signature of the responsible person and include valid contact information (phone number or email) for verification.

For high-level foreign talents (Category A) under the Classification of Foreigners Working in China, applicants who (1) are selected for recognized national talent programs or (2) meet internationally recognized standards of professional achievement may apply under the commitment system. If the applicant has received well-known awards in relevant professional fields, supporting documents may be submitted as supplementary evidence.

Highest Degree (Diploma) Certificate or Relevant Approval Documents, and Professional Qualification Certificate

For degrees obtained overseas, the certificate shall be authenticated by a Chinese embassy or consulate abroad, or by the embassy/consulate of the issuing country in China, or certified by a Chinese academic credential verification authority. For degrees obtained in the Hong Kong Special Administrative Region, Macao Special Administrative Region, or Taiwan region, the certificate shall be certified by a Chinese academic recognition institution or notarized by a local notary office. For degrees obtained in the Chinese mainland, only the original certificate is required.

If Chinese laws and regulations require either prior approval by the competent industry authority or possession of the corresponding access-type professional qualification, the applicant shall submit the relevant approval documents or qualification certificates

For high-level foreign talents (Category A) under the Classification of Foreigners Working in China, including:

(1) those selected for national talent programs;

(2) those who meet internationally recognized standards of professional achievement;

(3) those filling positions encouraged by market-oriented policies;

(4) innovative and entrepreneurial talents, the highest academic degree certificate is accepted under the commitment system.

The Convention Abolishing the Requirement of Legalisation for Foreign Public Documents entered into force in China on Nov 7, 2023. For official documents sent to the Chinese mainland from other contracting countries, only an Apostille Certificate issued by the countries they come from is required. Consular authentication is no longer needed.

Certificate of No Criminal Record

The certificate shall be issued by the police, security, or court authorities of the applicant’s country of nationality or habitual residence, and authenticated by the Chinese embassy/consulate abroad or by the foreign embassy/consulate in China. Certificates issued in the Hong Kong Special Administrative Region, Macao Special Administrative Region, or Taiwan region shall be notarized by the appropriate local notary authorities. “Habitual residence” refers to the country or region (excluding China) where the applicant has continuously resided for more than one year after leaving their country of nationality. The certificate must be issued within the last six months.

For high-level foreign talents (Category A), a commitment system applies. Sworn statements made by the applicant alone are not accepted. Non-sworn criminal record certificates issued by foreign diplomatic or consular missions in China may be accepted directly without further authentication.

The Convention Abolishing the Requirement of Legalisation for Foreign Public Documents entered into force in China on Nov 7, 2023. For official documents sent to the Chinese mainland from other contracting countries, only an Apostille Certificate issued by the countries they come from is required. Consular authentication is no longer needed.

Medical Examination Certificate

A medical examination record or health certificate for foreign nationals can be issued by a Chinese inspection and quarantine authority, or an overseas medical institution recognized by the Chinese inspection and quarantine authority. All documents must be issued within the last six months.

Employment Contract or Letter of Appointment (Including Assignment Letter from a Multinational Company)

The employment contract or letter of appointment (including assignment letter from a multinational company) shall include key information such as work location, job responsibilities, salary, duration of employment in China, job title, and a page bearing the official seal or signature.

The letter of appointment applies to personnel performing duties under intergovernmental or inter-organizational agreements, chief representatives and representatives of various representative offices in China, as well as overseas contract service providers. An assignment letter is required when a multinational company’s headquarters or regional headquarters dispatches senior managers or technical professionals from abroad to work at its subsidiaries or branches within China. The letter shall be issued by the company’s headquarters or regional headquarters. If the letter of appointment or assignment letter lacks necessary information, a supplementary explanatory document shall be provided. For multinational companies dispatching senior managers or technical professionals from regional headquarters in China to subsidiaries or branches, both the assignment letter and the employment contract signed with the regional headquarters must be submitted. A Chinese version of the employment contract shall be provided, signed by the applicant and stamped with the employer’s official seal. Alterations are not permitted.

Applicant’s Passport or International Travel Document

The passport must be valid for no less than six months.

Remarks and Additional Requirements:

1. All non-Chinese supporting documents must be accompanied by a Chinese translation stamped with the employer’s official seal, except for passports or international travel documents. If the content of the translation significantly differs from the original, the employer may be required to submit a corrected version.

2. All original paper documents and their Chinese translations must be uploaded to the application system.

3. High-level foreign talents shall provide supporting materials in accordance with the Classification Standards for Foreigners Working in China, signed by the applicant and stamped with the employer’s official seal in the application form. The applicant agrees that the decision-making authority may conduct further investigations as necessary.

4. Applicants who qualify as high-level talents based on the points-based system must provide relevant documents, including their highest degree certificate, professional qualification certificate, Chinese language proficiency certificate (e.g., HSK certificate), proof of annual salary in China, and work experience certificate.

5. Applicants who have already obtained a Work Permit for Foreigners are not required to resubmit their degree certificate when applying again. If the new position is the same as previously approved, the work experience certificate may also be waived.

6. If a high-level foreign talent is applying for a different position than previously approved, a work experience certificate shall be submitted. If prior approval from an industry regulator or the relevant professional qualifications are legally required, the applicant should also provide the approval documents or qualification certificate.

7. In case of nationality change, a new application for the Work Permit for Foreigners must be submitted.

8. For information on consular legalization of documents, please consult the Chinese Consular Affairs website (http://www.cs.mfa.gov.cn/) or contact the relevant Chinese embassy or consulate.

9. An overseas contract service provider refers to an employee of a foreign enterprise engaged in substantial business activities abroad and having no commercial presence (no legal entity) in China. These personnel enter China temporarily to perform service contracts obtained by their employer in China, with remuneration paid by the overseas employer. These service providers must possess educational and technical qualifications matching the nature of the service, and the number of personnel shall be determined based on the scope of work to be carried out. In addition to the documents mentioned above, overseas contract service providers must also submit the service contract concluded within China, which must include details such as the contracting parties, work location, service content, the applicant’s position and duties, duration of work in China, and a signed page.

Application Procedures and Locations

Applications and approvals for the Work Permit for Foreigners in China are uniformly processed through the “Management and Service System for Foreigners Working in China” operated by the State Administration of Foreign Experts Affairs (https://fwp.safea.gov.cn/lhgzweb/). Employers are required to submit applications online, which are then processed by the work service window for foreigners in the employer’s administrative region.

Upon online review and approval by the competent authority, the employer will be issued the updated “Notification Letter of Work Permit for Foreigners” and the “Administrative Permit Decision Letter.” Foreign nationals can download the Electronic Social Security Card app, register using their name, work permit number, or social security number, and after real-name and biometric verification, receive an e-Social Security Card embedded with work permit information.

Important Notes on Work Permits

Foreign nationals to work in China must obtain a work permit. After the permit notification is issued online, the foreign national should go to the Chinese embassy or consulate in their home country to apply for a work visa within three months with the Notification Letter of Work Permit for Foreigners in China. After entering China with a Z visa, the foreigner must, within the period specified on the visa, go to the local Exit-Entry Administration of the Public Security Bureau to apply for the relevant residence permit with either the Notification Letter of Work Permit for Foreigners in China or the e-Social Security Card embedded with work permit information, and shall work in China within the validity period of the residence permit.

Since Dec 1, 2024, the Work Permit for Foreigners and Social Security Card have been integrated. After integration, physical work permits are no longer issued. Through information system integration, the work permit number and related work permit information are uploaded to the e-Social Security Card. Both the Notification Letter of Work Permit for Foreigners in China and the e-Social Security Card shall serve as certification documents for foreigners to prove their acquisition of work permits.

Foreigners working in China who change employers must first cancel their existing work permit. After canceling the original work permit, the new employer must submit a new work permit application within 30 days from the date of cancellation, and the foreigner’s visa or residence permit must be valid at the time of application.

Within 30 days ahead of the expiration of their work permit, foreigners shall apply for an extension to the management department for foreigners working in China where the employer is located.

If there are changes to personal information (e.g., name, passport number, position), the foreigner shall apply for changes to the management department for foreigners working in China where the employer is located within 10 working days from the date of change.

If the employment relationship with the foreign national is terminated, the employer must apply to the relevant authority for cancellation of the work permit within 10 working days from the date of termination.

Notes on How to Use the Application System

“The Service System for Foreigners Working in China” website: https://fwp.safea.gov.cn/lhgzweb/

From June 3, 2024, the Work Permit for Foreigners in China can only be applied by logging on to the National Human Resources and Social Security Government Service Platform. Existing personal users on the Ministry of Science and Technology’s government service platform should reset their passwords through the “Forgot Password” - “Reset Login Password” function before logging in. For corporate users, passwords should be reset through the “Forgot Password” function before logging in. If the username is forgotten, it can be retrieved via the “Forgot Username” function, and then the password should be reset.

Human Resources and Social Security Service Platform Consultation Phone:010-12333-2 (for login issues)

Work Permit for Foreigners Management Service System Technical Support Phone: 010-84233515.

1. User Information Completion

When the system reminds that user information is incomplete, the user is required to complete the information. Please fill in all asterisk-marked fields (*), ensure the information is accurate, and then click “Confirm” to submit the relevant information.

If an individual user clicks on a service item and receives the notification “no permission to handle this item”, the individual may contact the corporate user. After the corporate user grants authorization, the individual user will be able to use the relevant services.

2. Corporate users unable to link agents (individuals)

If a corporate user is unable to search for the corresponding individual by ID number when linking an agent, they should contact the agent. The agent must register as an individual user on the National Human Resources and Social Security Service Platform and complete identity verification. After that, the corporate user can search for and link the agent.

Agent Change

For agent changes, individuals can contact the corporate user to reauthorize the new user.

After logging in to the corporate account, go to the Certification Center - Account Security - Modify Organization Information/Modify Corporate Information to submit the application.

Guide for Foreigners Working in China Using Electronic Social Security Card

Downloading and Installing the Electronic Social Security Card App

After entering China, use your mobile phone to scan the QR code on the Notification Letter of Work Permit for Foreigners in the People’ s Republic of China to download and install the e-Social Security Card app.

Registration and Collecting

Step 1: Open the e-Social Security Card app and click “Login” on the homepage;

Step 2: On the login page, click “Login portal for foreigners holding Work Permit”;

Step 3: Click “Registration” to enter the registration page;

Step 4: Enter your full name, work permit number, set a login password (8-16 characters, combining at least two of the following: uppercase/lowercase letters, numbers, special symbols), then click “Sign up and Login” to enter the facial recognition page.

Note:

1. The name must be the same as that in your passport.

2. Use the work permit number from your Notification Letter of Work Permit for Foreigners in the People’ s Republic of China document.

Step 5: After facial recognition verification is completed, your registration is finalized, and you will successfully collect the e-Social Security Card.

If you already have a physical Social Security Card, additional real-name verification is required to complete registration and successfully collect the e-Social Security Card.

Note:

1. If you choose to use bank card information for real-name verification, you need to enter your name, passport number, domestic UnionPay bank card number, and mobile phone number (the phone number listed when applying for the bank card). Complete verification via SMS code.

2. If you use your phone number for real-name verification, you need to enter your phone number (the phone number used to register for a SIM card in China). Complete verification via SMS code.

Login

1.Login with Work Permit Number

Step 1: Open the e-Social Security Card app and click “Login” on the homepage;

Step 2: On the login page, click “Login portal for foreigner’s holding Work Permit”;

Step 3: Enter the work permit number and login password, then click “Login”;

Step 4: Once the login password is verified, login is complete.

3. Foreigners with a physical Social Security Card can also log in using their social security number.

Step 1: Open the e-Social Security Card app and click “Login” on the homepage;

Step 2: On the login page, enter your social security number and login password, then click “Login”;

Step 3: After the login password is verified, you will be logged in.

Note: If you have already registered for the e-Social Security Card app, after logging in, click “Human Resources and Social Security Services” - “Talent Affairs” - “Foreigners holding Work Permits”, then enter the work permit number to access work permit services.

Usage

1. You can use the e-Social Security Card with work permit information to go to the Exit-Entry Administration of the Public Security Bureau at your work location to process relevant residence documents.

2. Downloading Work Permit Notification

You can view your Notification Letter of Work Permit for Foreigners in the People’s Republic of China through the e-Social Security Card, select “Download” or “Open with another application”, and download and store the notification on your phone.

3. Work Permit Status Change Reminder

You will receive a reminder when your work permit is about to expire, has expired, or has been canceled.

Note: After the work permit expires or is canceled, all work permit-related services will be unavailable.

Note:

1. When using work permit services for the first time, the app will remind you to set a 6-digit numeric password to ensure security.

2. The 6-digit numeric password is different from the login password; please remember them separately.

Common Questions And Answers:

(1) Can I have an e-Social Security Card if I have obtained a work permit but have not yet applied for the physical social security card?

Yes. Foreigners who have obtained a work permit and that is still valid can receive an e-Social Security Card.

(2) What should I do if the name does not match during registration?

1. Please check if the name you entered is exactly the same as the one on your passport, including checking any symbols or spaces.

2. If you entered the name correctly, confirm whether the name used when applying for the work permit matches the passport name. If not, please contact the work permit approval department to correct the discrepancy.

(3) What should I do if facial recognition authentication fails?

1. Please make sure you have enabled the e-Social Security Card app’s access to the camera and microphone on your smartphone.

2. During facial recognition, please follow the on-screen instructions and perform the required actions.

3. If facial recognition authentication fails, you can try again. If it fails six times consecutively, you will be directed to the bank card authentication page, where you will need to enter your name, passport number, domestic UnionPay bank card number, and mobile phone number (the phone number reserved when applying for the bank card). Complete verification via SMS code.

(4) What should I do if bank card authentication fails?

1. Please confirm that you have entered the number of a bank card issued in China.

2. Please ensure that the name, identification number, and phone number entered exactly match the information you provided when applying for a bank card.

3. If bank card authentication fails, you can try phone number authentication instead.

(5) What should I do if the phone number authentication fails?

1. Please confirm that you have entered the phone number of a SIM card issued in China.

2. Please ensure that the name and phone number entered exactly match the information you provided when applying for the SIM card.

3. If phone number authentication fails, you can try bank card authentication instead.

(6) What should I do if I forget my login password?

Step 1: On the login page, click “Forgot password”;

Step 2: On the password recovery page, enter your full name and work permit number for identity verification;

Step 3: Complete facial recognition authentication;

Step 4: Reset your login password (8-16 characters, combining at least two of the following: uppercase/lowercase letters, numbers, special symbols), then click “Complete” to finish resetting the password.

If the above information does not resolve your problems with downloading, registering, logging in, or using the e-Social Security Card app, you can call the hotline at 010-12333-2 for assistance (English service is currently unavailable). For questions about work permit applications, changes, or extensions, please log on to the National Human Resources and Social Security Government Service Platform (zwfw.mohrss.gov.cn) - go to Employer Services / Individual Services - Foreigners Working in China Work Permit - Business Consultation Hotlines to check the address and phone number of the accepting office for inquiries.

Guidelines for Application of Physical Social Security Cards with Embedded Work Permit Information

On Dec 1, 2024, the Work Permit for Foreigners and the Social Security Card were integrated into one system. By embedding foreigners’ work permit information into social security cards, and using both physical and electronic social security cards, convenience was provided for foreigners working and living in China.

Eligible individuals for the physical Social Security Card with embedded work permit information:

Persons participating in urban employee social insurance in Hainan province; Various types of talents recognized by the talent department of Hainan province; Other persons entitled to public service rights and interests in Hainan province.

Application Materials:

The applicant shall provide the original valid identification document and a standard photo.

Application in Person: Provide the applicant’s original valid identification document, and a recent 1.3-inch, front-facing, color certificate photo (with a white background, in dark-colored clothing, and without a hat).

Application by Proxy: Provide the original valid identification documents of both the applicant and the proxy, a recent 1.3-inch, front-facing, color certificate photo (with a white background, in dark-colored clothing, and without a hat), as well as the applicant’s authorization letter or proof of relationship between the applicant and the proxy.

Valid identification document for applying for a physical Social Security Card with embedded work permit information: Passport.

Photograph Specifications:

The photo specifications for the Social Security Card are consistent with the Technical Standard for Digital Photos for Resident Identity Card Production (GA461-2004), with the following requirements:

A 1.3-inch, front-facing, color portrait of the applicant, without a hat, with the head accounting for 2/3 of the photo size;

No uniform or white top should be worn;

Residents who usually wear glasses shall wear glasses when taking the photo, but without the glass reflecting;

White background with no border;

The portrait must be clear, with a perspective sense, natural expression, and no obvious distortion;

Photo size: 32mm × 26mm.

Application Procedure: The application acceptance and card issuance services for physical Social Security Cards with embedded work permit information are available at designated service points (see attachment for details).

Handling Time: 30 working days from the date of acceptance.

Delivery of the card: After 30 working days from the date of acceptance, the applicant should go to the service point to complete the procedures for collecting the Social Security Card.

Fees and Standards: Fees are charged according to the standards set by the cooperating bank for Social Security Cards.

Office Hours: Normal business hours on work days.

Application Handling Institutions and Locations: The application handling and card issuance service points for physical Social Security Cards with embedded work permit information are as follows:

Application for Work-Type Residence Permits

Residence Registration

According to the Exit and Entry Administration Law of the People’s Republic of China, foreigners, after arriving in Hainan, shall go through residence registration formalities within 24 hours of stay (including staying in new residence or change of residential address). Where foreigners stay in hotels, they shall present their valid passports or other international travel documents to hotel staff, and the hotels shall be responsible for handling the registration. For foreigners who reside or stay in domiciles other than hotels, the foreigners themselves or the persons who accommodate them may scan the QR code (see the figure below) to register online, or may carry their valid passports or other international travel documents to go through the formalities at the police station in the place of residence.

According to Article 39 of the Exit and Entry Administration Law of the People’s Republic of China, where foreigners stay in hotels in China, the hotels shall register their stay in accordance with the regulations on the public security administration of the hotel industry, and submit foreigners’ residence registration information to the public security organs in the places where the hotels are located. For foreigners who reside or stay in domiciles other than hotels, they or the persons who accommodate them shall, within 24 hours after the foreigners’ arrival, go through the registration formalities with the public security organs in the places of residence.

Work-Type Residence Permit

Application Materials:

1. The original and a photocopy of the applicant’s valid passport;

2. The original invitation letter issued by the employing entity;

3. The Notification Letter of Work Permit for Foreigners in the People’s Republic of China or electronic work permit information issued by the foreign expert department;

4. The original and a photocopy of the health check certificate (to be submitted for residence permits with a validity period of over one year);

5. A photocopy of the employing entity’s business license or the duplicate of the registration certificate of a private non-corporate entity (must be stamped with the official seal and submitted for the first-time application);

6. The original and a photocopy of the employment contract or proof of appointment.

Application Address:

Foreign nationals may submit their application at any of the nearest residence permit service windows listed below.

 Social Insurance Procedures

Foreign nationals working in China shall participate in social insurance in accordance with the Social Insurance Law of the People’s Republic of China and the Interim Measures for the Participation in Social Insurance of Foreigners Employed in China.

Insured Persons

1. Foreign nationals who work legally in China and have obtained the Work Permit for Foreigners and Residence Permit for Foreigners, as well as those holding the Permanent Residence Identity Card for Foreigners.

2. Foreign nationals who have signed labor contracts with employers in China and receive salaries from such entities; or those who have signed contracts with foreign companies, are dispatched to work in China, and receive salaries from entities in China that they work with.

3. Foreign nationals who have not reached the statutory retirement age.

Insurance Participation and Payment

1. Newly arrived foreigners working in China shall participate in social insurance and make payments from the month they begin employment in China.

2. The contribution base and proportion for foreign nationals participating in social insurance shall follow the standards applicable to Chinese insured persons in the place of contribution.

Mutual Exemption Provisions

According to information on the website of the Ministry of Human Resources and Social Security, China has signed social security agreements with Germany, South Korea, Denmark, Canada, Finland, Switzerland, the Netherlands, France, Spain, Japan, Serbia, Luxembourg and Kyrgyzstan.

Application Location

Local government service halls or human resources and social security service halls in the work location.

Website of the Ministry of Human Resources and Social Security: http://www.mohrss.gov.cn

Professional Title Assessment for Foreign Nationals Working in China

(1) Eligibility Conditions: Foreign professionals and technical personnel who hold a Permanent Residence Permit for Foreigners or a Residence Permit for Overseas High-level Talents issued by local authorities are eligible to participate in professional title assessment in accordance with relevant regulations.

(2) Application Website:

http://202.100.247.254:8001/jxjy/homepage

(3) Application Materials:

1. Hainan Province Professional and Technical Qualification Assessment Form

2. Personal statement materials

3. Online search results pages of theses and monographs

Recognition of Overseas Professional Qualifications

(1) Eligibility Conditions: Overseas personnel who directly provide relevant professional services to enterprises and residents in the Hainan Free Trade Port under the name of their overseas professional qualifications.

(2) Application Method: Applicants shall log on to the Hainan Government Service Portal, select the relevant scope of business, fill in the form online to submit the application, and upload clearly scanned copies (photos) of the materials as specified in the document list; or handle the application offline at service locations. Inquiry hotline: 0898-65910971.

(3) Application Materials:

1. Employment agreement or labor contract

2. Overseas professional qualification certificate

3. A commitment letter from the employing entity on the authenticity and validity of their overseas professional qualifications

Process for Starting a Business

Step 1: Real-name Registration

Visit the official website of the Hainan Market Supervision Administration (https://amr.hainan.gov.cn/), click the “Hainan e-Registration” icon at the bottom of the page, and complete real-name registration following the instructions on the page.

Step 2: Self-filing

Log on to the “Hainan e-Registration” website using the account of the designated representative/entrusted agent. Fill out the required information in the “Business Establishment Zone” module.

The information to be filled out includes: business establishment registration details, housing provident fund information, social insurance registration details, tax invoice application information, seal engraving information offered by public security organs, and bank pre-account opening information.

Step 3: Real-name Verification and Electronic Signature

After completing the business start-up information, the following relevant personnel shall complete real-name verification and electronic signature via “Hainan e-Registration”:

Legal representative, managing partner, or person in charge;

(2) Shareholders of limited liability companies, promoters of joint-stock companies, company directors, supervisors, and senior management;

(3) Investors of solely invested companies, partners in partnerships, members of farmer professional cooperatives (unions), and individual business operators;

(4) Market entity registration liaison officer, recipient of legal documents for foreign-invested enterprises;

(5) Designated representative or entrusted agent.

Signatories can click “Sign Now” to scan the pop-up QR code via their smartphone (WeChat, Alipay, etc.), or click “Sign Notification” to fill in their mobile number and receive an SMS link, then follow the on-page prompts to complete the signature.

Step 4: Submit the Application

After successful signature, click “Submit” to file the business start-up application. Once the information is processed by the relevant departments via Hainan e-Registration, the applicant can collect the business license, seal and invoices.

Legal Consultation

Since the submission of the Protocol on China’s Accession to the World Trade Organization in 2001, China has been a member of the WTO for 20 years. In accordance with the WTO’s transparency principles, China’s national legislation information is made publicly available on the internet for easy access and search. The National Laws and Regulations Database provided by the Standing Committee of the National People’s Congress offers one-stop search services for China’s Constitution, laws, administrative regulations, supervisory regulations, judicial interpretations, and local regulations. Its official website is:

https://flk.npc.gov.cn/imdev.html.

Before signing a contract, it is recommended that foreign nationals gather relevant information about Chinese entities from multiple channels. Listening to diverse opinions helps foster understanding and can eliminate misunderstandings and biases.

Currently, the Legal Aid Regulations of China do not explicitly cover legal aid for foreign nationals. However, based on relevant explanations from the Supreme People’s Court and the Ministry of Justice, as well as civil and criminal judicial assistance agreements or civil-commercial judicial cooperation treaties signed by China with many countries, legal aid can also be extended to foreign nationals. Additionally, foreign nationals facing legal disputes can consult domestic law firms specializing in foreign-related matters, where they will receive services from lawyers proficient in foreign languages.

Legal Issues and Tips Regarding Employment and Labor Disputes for Foreign Nationals in Hainan Free Trade Port

Part I: Answers to Frequently Asked Questions on Legal Issues Regarding Foreign Nationals’ Employment

Question 1: How to define “foreign nationals employed in China”?

According to Article 1 of the Notice of the General Office of the Ministry of Labor on Issues Concerning the Implementation of the Rules for the Administration of Employment of Foreigners in China, “foreign nationals employed in China” fall in two categories:

1. Foreign nationals working in China who have directly signed a labor contract with a domestic employer (a resident legal entity in China) are deemed to be employed in China, regardless of the duration of their employment.

2. Foreign nationals working in China who have signed a labor contract with a foreign legal entity, whose remuneration is sourced from abroad, and who work in China for more than three months (excluding foreign engineering and technical personnel and professionals executing technology transfer agreements) are also deemed to be employed in China.

Question 2: What labor-related rights do foreign nationals have when working in China?

Foreign nationals working in China are also protected by China’s minimum wage standards. With regard to rest, leave, and labor protection, the relevant Chinese rules and regulations apply.

Question 3: What legal documents must foreign nationals hold to work in China?

Foreign nationals working in China must obtain a work visa, a work permit, and a residence permit.

According to Article 41 of the Exit and Entry Administration Law of the People’s Republic of China, foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.

According to Section 1, Article 8 of the Rules for the Administration of Employment of Foreigners in China, foreign nationals seeking work in China shall hold Z visa for the entry (In case of agreement for mutual exemption of visas, the agreement shall prevail), they may work within Chinese territory after they obtain a Work Permit for Foreign Nationals (integrated with the social security card) and a foreign national residence permit. According to Article 16 of the Rules for the Administration of Employment of Foreigners in China, foreigners who received their Work Permit should, within thirty days after their entry, apply for the residence certificate with the public security organs bringing with them their Work Permit. The term of validity of the residence certificate may be determined in accordance with the term of validity of the Work Permit. According to Article 14 of the Rules for the Administration of Employment of Foreigners in China, foreigners with permission to work in China should apply for Z Visas at Chinese embassies, consulates and visa offices, bringing with them an employment license, letter or telex of visa notification provided by the authorized unit and valid passport or travel documents.

According to Section 2, Article 16 of the Regulations of the People’s Republic of China on Administration of the Entry and Exit for Foreigners, when applying for a residence permit valid for more than 1 year, a foreigner shall, in accordance with relevant provisions, submit his or her health certificate. A health certificate is valid for six months beginning from the date of issue.

Question 4: Is the labor contract signed between an enterprise and a foreign national who has not obtained a work permit valid?

Invalid.

According to Section 1, Article 33 of the Interpretation (I) of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, if a foreign national or stateless person signs a labor contract with an employer within the People’s Republic of China without legally obtaining employment documents, the people’s court will not support the party’s request to confirm the existence of an employment relationship with the employer.

Question 5: Can a foreign national who has not obtained a work permit claim economic compensation from the employer?

Generally, no.

According to Article 5 of the Rules for the Administration of Employment of Foreigners in China, the employer shall apply for the employment permission if it intends to employ foreigners and may do so after obtaining approval and the People’s Republic of China Employment License for Foreigners (hereinafter referred to as the “Employment License”).

If a foreign national provides labor services in China and the company has not paid social insurance for them, his/her employment is unlawful because he/she has not obtained a work permit. Therefore, claims for economic compensation under such circumstances will not be supported by law.

Question 6: What circumstances allow foreign nationals to be exempt from obtaining employment permission and a work permit for working in China?

According to Article 9 of the Rules for the Administration of Employment of Foreigners in China, foreigners may be exempted from the Employment License and Work Permit when they meet any of the following conditions:

(1) Foreign professional technical and managerial personnel employed directly by the Chinese government organs and institutions, those with senior technical titles or credentials of special skills recognized by their home countries or international technical authorities or professional associations, or foreigners holding Foreign Expert Certificate issued by China’s Bureau of Foreign Expert Affairs;

(2) Foreign workers with special skills who work in offshore petroleum operations without the need to go ashore for employment and hold “Work Permit for Foreign Personnel Engaged in the Offshore Petroleum Operations in the People’s Republic of China”;

(3) Foreigners who conduct commercial entertaining performance with the approval of the Ministry of Culture and Tourism and hold “Permit for Temporary Commercialized Performance”.

Question 7: What conditions must foreign nationals meet to work in China?

According to Article 7 of the Rules for the Administration of Employment of Foreigners in China, any foreigners seeking employment in China shall meet the following conditions：

1. Must be 18 years of age or older and in good health

2. have professional skills and job experience required for the work of intended employment；

3. have no criminal record；

4. have a clearly defined employer;

5. have a valid passport or other international travel document in lieu of the passport (hereinafter referred to as the “Travel Document”)

Question 8: What is the maximum term of a labor contract for foreign employees?

The maximum term of a labor contract shall not exceed five years. When the labor contract between the employed foreign national and the employer expires, their work permit shall automatically become invalid. If a renewal is required, the employer shall submit an application for extending the employment period to the labor administrative organ 30 days before the expiration of the original contract. Upon approval, the formalities for extending the work permit shall be completed.

Question 9: Must employers pay social insurance for foreign employees?

According to Article 97 of the Social Insurance Law of the People’s Republic of China, foreign nationals who are employed in the Chinese territory shall enroll in the social insurance system in accordance with this law.

According to Article 4 of the Interim Measures for the Participation in Social Insurance of Foreigners Employed in China, where a foreigner is employed, the employer shall, within 30 days from the date on which the employment certificate is granted, handle the social insurance registration for the foreigner.

For a foreigner who is dispatched by an overseas employer to a domestic entity, the domestic entity shall handle the social insurance registration for the foreigner according to the provision of the preceding paragraph.

Question 10: What is the “bilateral mutual exemption” policy for foreign employees’ social insurance contributions?

According to Article 9 of the Interim Measures for the Participation in Social Insurance of Foreigners Employed in China, when a person of the nationality of a country which has signed a bilateral or multilateral agreement on social insurance with China is employed in China, his or her participation in social insurance shall be governed by the agreement.

Currently, China has signed social security agreements with Germany, South Korea, Denmark, Canada, Finland, Switzerland, the Netherlands, Spain, Luxembourg, Japan, Serbia and Kyrgyzstan. If an employer has foreign employees who meet the exemption criteria, it may apply for exemption to the relevant authorities.

Question 11: Does the employer need to obtain approval when hiring foreign interns?

According to Article 22 of the Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners, when a foreigner holding a residence permit for study intends to engage in off-campus work-study or internship, he or she shall, upon the approval of the school, apply to the exit and entry administration authority of the public security organ to have such information as the location and duration of the work-study program or internship specified in his or her residence permit.

A foreigner holding a residence permit for study shall not engage in any off-campus work-study or internship unless the information prescribed in the preceding paragraph is specified in his or her residence permit.

Note: Employers can only hire foreign interns who are enrolled in universities in China; foreign students studying at overseas universities are not eligible.

Question 12: What procedures should a foreign employee follow when leaving their employer?

A foreign employee’s work permit is only valid within the area specified by the issuing authority. Therefore, foreign employees are not allowed to take part-time jobs or work across regions without completing the necessary modification procedures.

According to Sections 2 and 3, Article 23 of the Rules for the Administration of Employment of Foreigners in China, when the foreigner changes employers within the area designated by the Certificate Office but stays in a job of the same nature, the change must be approved by the original Certificate Office and recorded in his/her Work Permit.

If the foreigner is to be employed outside the area designated by the Certificate Office or change employer within original designated area while taking up a job of a different nature, he/she must go through formalities for a new Employment License. 

According to Article 19 of the Rules for the Administration of Employment of Foreigners in China, the foreign employee should, within 10 days after obtaining the approval for extension of his/her term of employment in China or the change of his/her employment location or his/her employer, go through formalities for the extension or change of his/her residence certificate at a local public security organ.

Question 13: How to define “unlawful employment” for foreign nationals?

According to Article 43 of the Exit and Entry Administration Law of the People’s Republic of China, any of the following behaviors of foreigners shall be deemed unlawful employment:

(1) Working in China without obtaining work permits or work-type residence permits in accordance with relevant regulations;

(2) Working in China beyond the scope prescribed in the work permits; or

(3) Foreign students working in violation of the regulations on the administration of foreign students to support their study in China and working beyond the prescribed scope of jobs or prescribed time limit.

According to Section 2, Article 8 of the Rules for the Administration of Employment of Foreigners in China, foreigners who have not been issued residence certificate (i.e. holders of F，L，C or G-types visas), and those who are under study or interim programs in China, and other family members of the holders of Employment Visas shall not work in China.

Part II: Answers to Frequently Asked Questions on the Handling of Labor Disputes Involving Foreign Nationals

Labor disputes between employers and foreign employees should be handled in accordance with the Labor Law of the People’s Republic of China and the Law of the People’s Republic of China on Labor-Dispute Mediation and Arbitration (hereinafter referred to as the Labor Dispute Mediation and Arbitration Law).

Question 1: What kinds of labor dispute are governed by the Labor Dispute Mediation and Arbitration Law?

According to Article 2 of the Labor Dispute Mediation and Arbitration Law, this Law is applicable to the following labor disputes arising between employing units and workers within the territory of the People’s Republic of China:

(1) disputes arising from the confirmation of labor relations;

(2) disputes arising from the conclusion, performance, alteration, cancellation or termination of labor contracts;

(3) disputes arising from removal, termination, resignation or separation from employment;

(4) disputes arising from working hours, the period of leave and vacation, social insurance, welfare benefits, training and occupational protection;

(5) disputes arising from labor remuneration, medical expenses for job-related injury, economic compensation, etc.;

(6) other labor disputes prescribed by laws and regulations.

Question 2: What are the methods for handling labor disputes?

According to the Labor Dispute Mediation and Arbitration Law, the methods for handling labor disputes in China include: negotiation, mediation, arbitration, and litigation.

Question 3: What is negotiation?

Negotiation refers to the method by which both parties in a labor relationship resolve disputes by their own. Based on mutual agreements or collective agreements between the parties, they engage in negotiation to reach a resolution. Negotiation is based on the voluntary participation of both parties. Where one party refuses to negotiate, negotiations fail, or if a settlement agreement is reached but not fulfilled, the parties may choose another method.

Question 4: What is mediation?

Labor dispute mediation is when a legal mediation organization assists the parties in a labor dispute, based on their request, to reach a voluntary mediation agreement. This is achieved through flexible and diverse methods, as well as patient and detailed persuasion and guidance.

Question 5: What is labor dispute arbitration?

Labor dispute arbitration refers to a situation where one party voluntarily submits the labor dispute to the labor-dispute arbitration commission, which makes binding judgments and decisions on the facts and responsibilities of the labor dispute, which are enforceable on both parties.

Question 6: How should negotiation be conducted in case of a labor dispute?

According to Article 4 of the Labor Dispute Mediation and Arbitration Law, when a labor dispute arises, the employee concerned may have negotiation with the employing unit or invite the trade union or a third party to join in the negotiation with the employing unit, in order to reach a settlement agreement.

Question 7: In what situations can mediation organizations be approached for mediation?

According to Article 5 of the Labor Dispute Mediation and Arbitration Law, where a labor dispute arises and the parties are not willing to have negotiation, or the negotiation fails, or the settlement agreement reached is not performed, they may apply to a mediation institution for mediation.

Question 8: Where can the parties involved in a labor dispute apply for mediation?

According to Article 10 of the Labor Dispute Mediation and Arbitration Law, where a labor dispute arises, the parties may apply for mediation to the following mediation institutions:

(1) Labor-dispute mediation commissions;

(2) People’s mediation institutions at the grass-roots level established in accordance with law; and

(3) Organizations with the function of labor-dispute mediation established in townships or neighborhoods.

Question 9: How can one apply for labor dispute mediation online?

To better serve the vast number of employees and employers, the Ministry of Human Resources and Social Security has developed the “Internet Plus Mediation” service platform, which provides online application for labor and employment dispute mediation, case progress tracking, and access to legal regulations and policy inquiries. With the “Internet Plus Mediation” service platform, the parties no longer need to submit mediation applications in person and can directly submit applications online. Parties can visit the website

http://tiaojie.12333.gov.cn/portal to access the homepage of the platform, or they can use any channel such as the National Government Service Platform, the Ministry of Human Resources and Social Security’s Government Service Platform, or the electronic social security card to enjoy online mediation services.

Question 10: Under what circumstances can one apply for arbitration with the labor dispute arbitration commission?

According to Article 5 of the Labor Dispute Mediation and Arbitration Law, where the parties are not willing to have mediation, or the mediation fails, or the mediation agreement reached is not performed, they may apply to a labor dispute arbitration commission for arbitration.

Question 11: Which labor dispute arbitration commission in Hainan Province should be chosen for arbitration?

For foreign nationals employed within the administrative area of Hainan Province, disputes that fall within the scope of labor dispute arbitration shall be under the jurisdiction of the labor-dispute arbitration commission at the place where the labor contract concerned is performed or where the employing unit is located according to Article 21 of the Labor Dispute Mediation and Arbitration Law.

According to the Opinions on Handling Foreign-related Labor Disputes issued by the Hainan Provincial Department of Human Resources and Social Security and 9 other departments, labor disputes involving foreign nationals, employees dispatched abroad, or foreign-invested enterprises (specifically those entirely funded by foreign investors), and other cases deemed foreign-related labor disputes by laws, regulations, or judicial interpretations, should apply to the provincial labor-dispute arbitration commission and the labor-dispute arbitration commissions of Haikou and Sanya as per jurisdiction.

The Haikou Labor-Dispute Arbitration Commission handles foreign-related labor disputes within its jurisdiction;

The Sanya Labor-Dispute Arbitration Commission handles foreign-related labor disputes in Sanya, Dongfang, Wanning, Wuzhishan, Lingshui, Baoting, Baisha, and Ledong;

The provincial labor-dispute arbitration commission handles foreign-related labor disputes in other cities and counties outside Haikou and Sanya’s jurisdiction, as well as cases designated by the Provincial Department of Human Resources and Social Security.

Question 12: Is there a fee charged for labor dispute arbitration?

According to Article 53 of the Labor Dispute Mediation and Arbitration Law, arbitration of labor disputes is free of charge. Funding for labor-dispute arbitration commissions shall be guaranteed by the government.

Question 13: What is the statute of limitation for applying for arbitration in a labor dispute?

According to Article 27 of the Labor Dispute Mediation and Arbitration Law, the statute of limitation for application for arbitration of a labor dispute is one year, which shall be calculated from the date a party comes to know of or is expected to know of the infringement of his/her rights. Where, during the existence of labor relation, a dispute arises over the default in payment of labor remuneration, application for arbitration by the employee concerned shall not be restricted by the limitation period for arbitration prescribed in the first paragraph of this Article. However, where the labor relation is terminated, such application for arbitration shall be submitted within one year from the date the labor relation is terminated.

Question 14: How long does the labor-dispute arbitration commission have to decide whether to accept or reject an arbitration application?

According to Article 29 of the Labor Dispute Mediation and Arbitration Law, the labor-dispute arbitration commission shall, within five days from the date it receives the arbitration application, accept the application and notify the applicant of its acceptance, if it considers that the application meets the conditions for acceptance; otherwise, it shall notify the applicant in writing that it shall not accept the application and state the reasons.

Question 15: What is the time limit for the arbitral tribunal to make a decision in a labor dispute case?

According to Article 43 of the Labor Dispute Mediation and Arbitration Law, where the arbitral tribunal is to make an award of a labor dispute case, it shall finish making the award within 45 days from the date the labor-dispute arbitration commission accepts the arbitration application. If an extension is needed due to the complexity of the case, such extension shall be subject to approval by the director of the labor-dispute arbitration commission, and the parties shall be notified of the extension in writing; however, the period of extension may not exceed 15 days.

Question 16: If the arbitral tribunal fails to make a decision within the specified time, can the parties file a lawsuit?

According to Article 43 of the Labor Dispute Mediation and Arbitration Law, if no arbitral award is made at the expiration of the time limit, the parties may initiate a litigation to a people’s court with respect to the labor dispute.