Full list of entry materials for foreign employees: a complete guide from essential documents to compliance audits
full list of entry materials for foreign employees: a complete guide from necessary documents to compliance audit
with the acceleration of enterprise internationalization, entry management of foreign employees has become an important topic for human resources departments. Unlike local employees, the entry information of foreign employees involves complex links such as cross-border document authentication and visa information verification, and a slight omission may lead to compliance risks. This paper combines the practical experience of enterprises and the latest policy requirements to systematically sort out the core information and audit points required for foreign employees.
1. basic identity information: confirm legal subject qualification
Foreign employees are required to provide valid identification documents to ensure their legal qualifications. Core materials include:
- valid passport : copies of the first page, visa page and entry stamp page of the passport are required to ensure that the remaining validity period of the passport exceeds 6 months (some enterprises require more than 1 year).
- work visa : according to the nature of the job, foreign employees are required to hold z-word (professional visa), r-word (talent visa) or specific types of visa (e. g. APEC business travel card is required to cooperate with other permits).
- Work Permit : The original and copy of the Work Permit for Foreigners shall be provided to verify whether the post information is consistent with the actual work.
- residence permit : you need to apply for a work residence permit within 30 days after entering the country. enterprises need to keep a copy of the residence permit and check the validity period regularly.
case : an enterprise was fined and jointly and severally liable for the extended stay of a foreign employee due to its failure to check the validity period of his residence permit.
2. educational background and professional qualifications: verifying the matching of professional abilities
The educational background and professional qualifications of foreign employees should be highly matched with the job requirements, enterprises need to focus on reviewing the following materials:
- academic certificate : the original and translation of the highest academic certificate (sealed by a regular translation agency) are required, and some positions are required to provide certification from the overseas study service center of the Ministry of education (such as technical and management positions).
- professional qualification certificate : such as teacher qualification certificate, doctor's practice certificate, engineer qualification certificate, etc., the authority and validity period of the issuing institution shall be verified.
- Work Experience Proof : A recommendation letter or resignation certificate issued by the former employer is required, and the content must include key information such as position, working hours, and work performance (to be translated and notarized).
- Proof of language proficiency : Non-native English speakers are required to provide TOEFL, IELTS or HSK (Chinese Proficiency Test) transcripts to ensure that they have the language proficiency required for the position.
audit points : enterprises need to verify the authenticity of academic qualifications and certificates through official channels (such as the official website of the school and the telephone number of the issuing agency) to avoid compliance risks caused by falsification of materials.
3. health and no criminal record: ensuring employment safety and compliance
The health status and no criminal record of foreign employees directly affect the employment safety of enterprises, the following information shall be provided:
- health certificate : the physical examination record of foreigners issued by chinese entry-exit inspection and quarantine institutions or designated medical institutions shall be provided, and the verification items include infectious diseases, mental diseases, etc.
- No criminal record certificate : No criminal record certificate issued by the police of the overseas residence must be provided and certified by the Chinese embassies and consulates abroad (some countries must pass it through the designated agency of the Ministry of Foreign Affairs).
- Psychological assessment report : Some enterprises (such as education and medical industry) require foreign employees to provide psychological assessment reports to ensure that their mental health status meets the job requirements.
Special Circumstances : If the foreign employee has lived in another country for a long time (more than 6 months), a certificate of no criminal record in that country is required.
4. tax and social security information: fulfilling corporate legal obligations
Tax and social security contributions for foreign employees are the focus of corporate compliance management, and the following information is required:
- personal income tax special additional deduction information form : foreign employees who meet the personal conditions of residents can fill in special additional deduction information such as children's education and housing rent to reduce the personal income tax burden.
- social insurance registration form : foreign employees are required to participate in basic old-age insurance, medical insurance and unemployment insurance for urban employees, and enterprises are required to keep their insurance receipt and payment records.
- Tax Resident Status Declaration Document : The Personal Tax Resident Status Declaration is required to specify the tax resident status (resident individual or non-resident individual) to determine the scope of tax liability.
Note : If foreign employees have already paid social insurance in their home country, the enterprise needs to verify whether they meet the exemption conditions stipulated in the Social Insurance Law (e. g. personnel from countries that have signed mutual exemption agreements with China).
5. enterprise customized information: strengthening employment management and cultural integration
In addition to legal information, enterprises can require foreign employees to provide the following information according to management requirements:
- emergency contact information form : the name, telephone number and relationship certificate (such as relative notarial certificate) of the domestic emergency contact shall be provided to deal with emergencies.
- bank account information table : for payroll and reimbursement, a domestic bank account is required (some enterprises require a type of account).
- cultural adaptation training records : some enterprises require foreign employees to participate in cross-cultural communication training, and keep the training sign-in form and assessment results.
- confidentiality agreement and non-competition agreement : for positions involving core technologies or trade secrets, confidentiality agreement and non-competition agreement shall be signed to clarify rights and obligations.
Case : A technology company successfully avoided the risk of core technology leakage and reduced the probability of legal disputes by requiring foreign employees to sign confidentiality agreements.
6. data review and archiving: building a lifecycle management system
The principle of "authenticity, integrity and compliance" shall be followed in the review and filing of entry data of foreign employees. Enterprises can take the following measures:
- Establish an audit list : Formulate an audit form of entry data of foreign employees, and specify the audit standards and responsible persons for each data.
- introduction of electronic management system : through HR system or document management platform, electronic data storage and authority control are realized to avoid the loss of paper data.
- regular update and verification : check the validity period of foreign employees' certificates (such as passports, residence permits and work permits) quarterly, and start the renewal procedures 30 days in advance.
- compliance training and assessment : conduct employment compliance training for foreign employees in the HR team to ensure that they master the latest policy requirements and audit points.
the management of foreign employees' entry data is a systematic project, which requires the construction of a full-chain control system from identity verification, qualification audit, health and safety to tax compliance. By accurately grasping policy requirements, optimizing the audit process, and strengthening technical empowerment, companies can not only improve the efficiency of foreign talent introduction, but also provide lasting support for globalization strategies and turn compliance risks into management advantages.