申请条件 Requirements for approval
(一)用人单位基本条件
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Requirements for employers
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1、依法设立,无严重违法失信记录;聘用外国人从事的岗位应是有特殊需要,国内暂缺适当人选,且不违反国家有关规定的岗位;支付所聘用外国人的工资、薪金不得低于当地最低工资标准。
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Established by law with actual business premises, paying tax and social insurances by law and has no record of serious violation of law or discredit. Posts of special needs and the appropriate candidates are in short supply domestically. The salary or remuneration is not lower than the local minimum salary.
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2.法律法规规定应由行业主管部门前置审批的,需经过批准。
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Application in need of preliminary review by the industrial administration authority by law shall be ratified and approved as required.
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(二)申请人基本条件
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Requirements for applicants
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1.应年满18 周岁,身体健康,无犯罪记录,境内有确定的用人单位,具有从事其工作所必需的专业技能或相适应的知识水平。
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Reach the age of 18 in good health status and have no criminal record. Having a specific employer in China, the applicant should have knowledge or skill commensurate with the target post.
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2.所从事的工作符合我国经济社会发展需要,为国内急需紧缺的专业人员。
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Meet demands of economic and social development of China and candidate should be a professional talent much needed in China.
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3.法律法规对外国人来华工作另有规定的,从其规定。
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In case the laws and regulations have special provisions for the employment of foreigners in China, the said provisions shall prevail.
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(三)外国高端人才(A类)
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High-end Foreign Talents (Category A)
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外国高端人才是指符合“高精尖缺”和市场需求导向,中国经济社会发展需要的科学家、科技领军人才、国际企业家、专门特殊人才等,以及符合计点积分外国高端人才标准的人才。外国高端人才可不受年龄、学历和工作经历限制。具体见外国人来华工作分类标准(试行)。
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Category A foreign talents, subject of the “green channel” and “admissible absence for procedure” services, include scientists, science and technology leading talents, international entrepreneurs, special talents and other foreign high-end talents urgently needed in the economic and social development of China who fall in line with the national priority list for foreign talents and any of the following conditions:
(A) Selected for the Domestic Talents Programs
(B) Conforming to the international criteria of professional achievement
(C) Foreign talents fulfilling the market demand for government-encouraged posts
(D) Innovative and entrepreneurial talents
(E) Outstanding young talents
(F) Graded 85 points or more in the points-based system
For more information, please find Evaluation Criteria for Foreigners Employed in China (Trial).
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(四)外国专业人才(B类)
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Foreign Professional Talents (Category B)
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外国专业人才是指符合外国人来华工作指导目录和岗位需求,属于经济社会发展急需的人才,具有学士及以上学位和2年及以上相关工作经历,年龄不超过60周岁;对确有需要,符合创新创业人才、专业技能类人才、优秀外国毕业生、符合计点积分外国专业人才标准的以及执行政府间协议或协定的,可适当放宽年龄、学历或工作经历等限制。具体见外国人来华工作分类标准(试行)。国家对专门人员和政府项目人员有规定的,从其规定。
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Foreign professionals in line with the “Foreigners Employed in China Guide Catalog” and the corresponding demands of the economic and social development of China who fall within any of the following conditions shall be classified into Category B:
(A) Foreign professionals with a bachelor degree or above and 2 years and above related work experience and fall within any of the specific descriptions
(B) Skilled talents with internationally recognized qualification certificates or in short supply
(C) Teachers of foreign languages. Teachers of foreign languages generally shall be engaged in the teaching of their native languages and shall have a bachelor’s degree or higher degree and language teaching experience of at least two years.
Those who have had degrees in the field of education, language or teaching, or have acquired a qualification certificate of teaching at their own countries or a recognized international certificate of language teaching shall be exempted from the restriction on work experience.
(D) Skilled talents with qualification certificates , with an average salary income 300000 RMB or higher and personal income tax 120000 RMB or higher.
(E) Special personnel under the relevant state regulations or for the implementation of special projects
(F) Professionals graded 60 points or more according to the points-based system
For more information, please find Evaluation Criteria for Foreigners Employed in China (Trial)
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(五)其他外国人员(C类)
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Other foreigners (Category C)
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其他外国人员是指满足国内劳动力市场需求,符合国家政策规定的其他外国人员。具体见外国人来华工作分类标准(试行)。
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Foreigners employed to meet the demand of the domestic labor market in line with the state policies and regulations are hereby classified into Category C. This category includes:
1. Foreign employees in line with the relevant regulations concerning the employment of foreigners in China;
2. Foreigners engaged in some temporary or short-term (no longer than 90 days) posts;
3. Foreigners under the quota system management, including young foreigners coming to China for internship under intergovernmental agreements, foreign students in line with the relevant regulations, foreign graduates from overseas institutions of higher learning, foreigners engaged in long range fishing and other special fields.
For more information, please find Evaluation Criteria for Foreigners Employed in China (Trial).
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附:“外国人来华工作管理服务”系统,fwp.safea.gov.cn。