資訊洞見
The Ministry of Human Resources and Social Security, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Culture jointly issued a Notice on the Relevant Formalities for Foreigners Entering China for Completing Short-Term Work Assignment (for Trial Implementation) (“Notice”) on 6 November 2014 which provides for new visa and residence requirements on foreigners entering and staying in China for work for no more than 90 days. The Notice has become effective since 1 January 2015.
Old Requirements
Prior to the implementation of the Notice, a foreigner who stayed in China for work for less than 3 months normally did not need to deal with any employment-related formalities (namely application for employment license, work visa (i.e. Z visa), work permit and residence permit, etc.) unless he/she entered into a labour contract with a PRC employer directly. M visa (for commercial and trade activities) or F visa (for activities such as exchange, visit, study tour and other activities) might be sufficient for this purpose. Now such position has been changed by the Notice and a foreigner may not be able to enjoy the convenience as he/she did before.
New Requirements
The new requirements for a foreigner entering and staying in China for no more than 90 days for completing short-term work assignment under the Notice are summarised in Table 1.
The Notice specifically provides that the circumstances in Table 2 shall not be deemed as short-term work assignment and only M visa or F visa is required if the duration of stay does not exceed 90 days.
Important Points to Note
Table 1.
Meaning of Short-term |
Approval Documents |
Duration of Stay |
Visa |
Residence |
Entering and staying in China |
For foreign related |
No more than |
Z visa with |
Not required |
1. Completion of certain |
a. Approval Letter; and b. Proof of Short-term |
———————- |
————-
|
————— |
|
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2. Trial training at a sports |
c. Confirmation Letter of |
More than |
Z visa |
Work-related
|
3. Filming (including |
For other short-term work |
|
|
|
4. Fashion shows (including |
a. Employment License for |
|
|
|
5. Engaging in foreign |
issued by the competent |
|
|
|
6. Any other circumstances |
c. Invitation Letter issued |
|
|
|
Table 2.
Circumstances Not Regarded as Short-Term Work Assignment |
Visa Required |
1. Maintenance, installation, commissioning, disassembly, guidance or training services for the purchase of machinery and equipment |
M Visa |
2. Guidance, supervision or inspection with respect to a successful biding project in China |
|
3. Assignment to a branch office, subsidiary or representative office in China for completion of short-term work |
|
4. Participation in a sports event (including as an athlete, coach, team physician, assistant or any other relevant personnel, unless otherwise approved by the competent Chinese authority as requested by the international sports institutions to participate in a sports event with a registration card) |
|
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—————- |
5. A volunteer entering China to engage in unpaid work or is paid by an overseas institution |
F Visa |
6. Activities which the competent culture authority does not state “cross-border commercial performances” in its approval letter |