I General provisions

Article 1 The Hainan provincial authorities have issued these interim measures to regulate the management and services related to work permits for foreigners in Hainan, protect the rights of employers and foreign employees, and enhance the province’s talent and business environment, supporting the construction of the Hainan Free Trade Port and high-quality economic development.

Article 2 “Foreigners working in Hainan” refers to individuals without Chinese nationality who are in good health, comply with Chinese and Hainan regulations, and possess the necessary skills and expertise to engage in work in fields such as research, education, management, technical services, and business operations within the province.

Article 3 “Employers” refers to legally registered entities in Hainan that employ foreigners in accordance with relevant regulations, including enterprises, institutions, and social organizations.

Article 4 The Science and Technology (Foreign Experts) Department is the department in charge of work permits for foreigners in Hainan. It manages and services foreigners working in the province and their employers in accordance with relevant State regulations and these measures.

II Classification criteria

Article 5 To align with Hainan’s development needs, foreign talent is classified into: high-end foreign talent (Class A), foreign professionals (Class B), and other foreign personnel (Class C).

Article 6 High-end Foreign Talent (Class A) refer to scientist, entrepreneur, technological leader, and other highly skilled talent urgently needed in the province, with no age limit.

Specifically, they mainly include:

(1) Those who meet the foreign high-end talent (Class A) standards in the

"Classification Criteria for Foreigners Working in China (Trial)".

(2) Those complying with relevant regulations such as the "High-level Talent Classification Standard of Hainan Province" and other relevant regulations.

(3) Foreigners whose average salary is not less than 4 times the average salary of the province in the previous year.

Article 7 Foreign Professionals (Class B) refer to foreign talent with a bachelor’s degree or higher, or holding relevant professional certifications, needed for Hainan’s development, with no age limit.

Specifically, they mainly include:

(1) Those who meet the foreign professional talent (Class B) standards in the "Classification Criteria for Foreigners Working in China (Trial)".

(2) Foreign new graduates who have graduated from well-known institutions of higher learning at home or abroad, have obtained a bachelor's degree or higher, and are working or innovating in Hainan province.

(3) Foreign language teaching personnel who are engaged in teaching their native language, have obtained a bachelor's degree or above, and have more than one year of language education work experience. 

Among them, those people, who have obtained a bachelor's degree or above in education, language or general education, or obtained a teaching qualification certificate from their home country, or obtained an international language teaching certificate that meets requirements, can be exempted from the work experience requirements.

(4) Foreign talent whose average salary is not less than three times the average social income of the region in the previous year.

Article 8 Other Foreign Personnel (Class C) refer to skilled or practical personnel aligned with the Free Trade Port’s needs, typically under 65 years of age, managed through job catalogs, point-based systems, and quotas.

Article 9 Class C talent is managed via job catalogs, point-based systems, and quotas. The provincial authorities will publish directories for employer reference.

Article 10 Foreign Professional Talent (Class B) hired by key enterprises in provincial key industrial parks as determined by the provincial government can apply for high-end foreign talent work permits (Class A) if they are confirmed to be in urgent need by the management of the park, and can also enjoy the convenience of a foreign talent visa (R visa).

Article 11 Foreign Professionals (Class B) urgently needed for economic and social development in Hainan province can be recommended by enterprises and institutions, and the Science and Technology (Foreign Experts) Department, based on foreign high-end talent (Class A) standards in conjunction with the requirements for the construction of the province's free trade zone, can get a foreign high-end talent work permit (type A), and can enjoy the convenience of a foreign talent visa (R visa).

Article 12 “Urgently needed talent” refers to critical talent that the local labor market cannot find in the short term.

Article 13 Foreign skilled personnel introduced or trained by talent service agencies may obtain permits per regulations.

III Treatment and Service Guarantee

Article 14 International talent can enjoy the following conveniences:

(1) In the fields of innovation and entrepreneurship, they shall enjoy the same treatment as domestic talent.

(2) Foreigners who meet the prescribed conditions may be issued work permits consistent with the duration of the work contract.

(3) Other treatments shall be implemented in accordance with national regulations.

Article 15 Class A talent may use a commitment system allowing initial acceptance with supplementary documents provided later.

Article 16 All important team members of high-end foreign talent teams can be granted Class A work permits and enjoy the convenience of a foreign talent visa (R visa).

IV Declaration and Examination and Approval Procedures

Article 17 The institutions for accepting and determining foreigners' work permits in China are the provincial and prefecture-level science and technology (foreign experts) departments. The Provincial Science and Technology (Foreign Experts) Department has formulated and issued the Guidelines for Service Permits for Foreigners to Work in China (Type A, B & C.)

Article 18 The application, examination and approval of work permits for foreigners in China shall be carried out by the Ministry of Science and Technology (State Administration of Foreign Experts Affairs) through the Management Service System for Foreigners Working in China. 

The employer shall handle all relevant matters and formalities of the work permit application using this system for all foreigners it employs. For first time applications, the employer shall register an account with the Work Management Service System, which then needs to be authenticated.

Article19 Employers must complete online application information for foreigners through the "Foreigners Working in China Management Service System". The reviewing authority will conduct an online assessment and make a decision within 7 working days, issuing an "Online Notification of Work Permit for Foreigners" electronically.

Article 20 Within three months of approval, foreigners may apply for visas at Chinese embassies or consulates abroad, and upon entry, must apply for work and residence permits within specified periods.

The accepting institution shall conduct an online review and again, make a decision within 7 working days. The foreigner to be employed shall then apply for a residence permit at the Public Security Bureau within the time limit specified in his/her visa after entering China.

V Supervision and Management

Article 21 Foreigners working in Hainan province must not commit the following acts, and offenders will be punished by the relevant authorities in accordance with laws and regulations:

(1) Anyone who works in Hainan province in violation of the provisions of the Exit and the Entry Administration Law of the People's Republic of China, the Regulations of the People's Republic of China on the Administration of Entry and Exit of Foreigners and, or, other relevant laws and regulations shall be investigated and punished by the Public Security Bureau in accordance with the law.

(2) Those who violate other relevant laws and regulations shall be dealt with according to the law and regulations.

Article 22 Employers shall not engage in the following acts in hiring foreigners, and offenders will be punished by the relevant competent authorities according to the laws and regulations:

(1) Submit false materials to obtain a foreigner’s work permit.

(2) Violate the Exit and Entry Administration Law of the People's Republic of China or the Regulations of the People's Republic of China on the Administration of Entry and Exit of Foreigners.

(3) Violate other relevant laws and regulations.

Article 23 A coordination and credit management system shall be established for foreigners working in Hainan province, employers and competent departments. It shall be implemented by the science and technology (foreign experts) department together with other departments in accordance with relevant regulations, such as joint assessment of foreigners, corrective measures for dishonesty and appointment of legal person for employing units, etc.