What are the requirements for a company to recruit foreign workers?

1. An employer employing a foreigner must apply for an employment permit for the foreigner, and may employ him or her only after obtaining approval and a Certificate of Employment Permit for Foreigners of the People's Republic of China (hereinafter referred to as the Permit).

2. Employers shall employ foreigners in positions for which there is a special need, for which there is a temporary shortage of suitable candidates in the country, and which do not violate the relevant state regulations. The employer shall not employ foreigners to engage in commercial cultural and artistic performances, except for those who meet the requirements of the third paragraph of Article 9 of these Regulations.

3. In order to employ foreigners, the employing unit shall fill in the Application Form for Employment of Foreigners (hereinafter referred to as the application form) and submit the application to the competent industrial department (hereinafter referred to as the competent industrial department) at the same level as that of the competent administrative department of labor, and provide the following valid documents:

(1) Proof of the curriculum vitae of the foreigner to be employed;

(2) Letter of intent to employ;

(3) A report of the reasons for the proposed employment of the foreigner;

(4) Proof of the qualifications of the foreigner to be recruited to perform the work;

(5) Proof of the health condition of the foreigner to be employed;

(6) Other documents stipulated by laws and regulations.

4. After approval by the competent department of the industry, the employer shall take the application form to the labor administrative department of the province, autonomous region or municipality directly under the central government in which the employer is located or the labor administrative department of the prefectural or municipal level authorized by the employer to go through the approval procedures. The labor administrative department of the province, autonomous region or municipality directly under the central government or its authorized local and municipal labor administrative departments shall designate a specialized agency (hereinafter referred to as the issuing authority) to be specifically responsible for the issuance of licensing certificates. The licensing authority shall approve the license according to the opinions of the competent department in charge of the industry and the demand situation of the labor market, and issue the license certificate to the employer after approval.

5. Central-level employers and employers without competent industrial departments employing foreigners may apply and apply for employment permits directly to the licensing authority of the labor administration department.

6. Foreign-invested enterprises employing foreigners may apply directly to the licensing authority of the administrative department of labor for a permit on the basis of the contract, articles of association, certificate of approval, business license and documents stipulated in Article 11 of the present regulations, without the need for approval by the competent department in charge of the industry.

7. An employer that is authorized to employ foreigners shall issue a notification visa letter and a certificate of authorization to the foreigners to be employed by the authorized unit, and shall not issue a certificate of authorization directly to the foreigners to be employed.