Policies regarding foreigner nationals working in China.
Foreign nationals working within China must obtain the appropriate work permit and residence permit as required by regulations. Employers and individuals are strictly prohibited from hiring foreign nationals who do not possess a valid work permit and residence permit for employment.
1. Categories of Work Permits for Foreign Nationals in China:
Foreign nationals working in Hainan are divided into three categories: foreign high-end talent (Category A), foreign professional talent (Category B), and other foreign personnel (Category C).
Foreign high-end talent (Category A) refers to foreign nationals who are urgently needed in Hainan Province for the development of the economy and society, such as scientists, technology leaders, international entrepreneurs, and other specialized and exceptional talents in high-tech fields.
There are no age restrictions for foreign high-end talent (Category A). This category primarily includes foreign nationals who:
(1) meet the standards for foreign high-end talent (Category A) in the "Classification Criteria for Foreigners Working in China (Trial)" document,
(2) meet the relevant regulations in the "Hainan Provincial Classification Criteria for High-Level Talents", and
(3) have an average salary not less than four times the provincial average wage from the previous year.
Foreign professional talents (Category B) refer to foreign talents with a bachelor's degree or a professional qualification certificate who are urgently needed for the development of the local economy and society. There is no age limit for foreign professional talents (Category B).
This category mainly includes:
(1) foreign professionals who meet the standards of foreign professional talents (Category B) in the "Classification of Foreigners Working in China (Trial);
(2) foreign graduates from well-known domestic or overseas universities with a bachelor's degree or higher who work or start businesses in the province;
(3) foreign language teachers who teach their mother tongue and have a bachelor's degree or higher and have more than one year of language education experience. Those who have obtained a bachelor's degree or higher in education, language, or teacher training, or have obtained a teaching qualification certificate in their home country or an international language teaching certificate that meets the requirements, are exempt from the work experience requirement.
(4) the average salary is not less than three times the provincial average wage from the previous year.
(Category C) foreign personnel refers to various skilled and practical personnel who meet the labour market demand and are needed for the construction of the province's free trade zone (port) based on national policy regulations.
2. Facilitation measures for foreign nationals' work permits in China.
(1)Foreign nationals can enjoy preferential treatment:
a.In the field of innovation and entrepreneurship, they can enjoy the same treatment as domestic talents.
b.Foreign nationals who meet the prescribed conditions can be issued a work permit that is consistent with the term of their work contract.
c.Other treatments shall be implemented in accordance with national regulations.
(2)Foreign high-end talents (Class A) may avail of a commitment system, and application materials can be accepted with omissions.
(3)Important team members of foreign high-end talents can be granted Class A work permits and enjoy the convenience of a foreign talent visa (R visa).
3. Recognition of "High-level, High-skilled, and in Short Supply" Talents
In line with the labour market demands of the Hainan Free Trade Port, a recognition standard for foreign "high-level, high-skilled, and in short supply" talents has been established, with salary level as an indicator, emphasising performance and contribution, and highlighting market evaluation, international peer evaluation, and other market-oriented demands.
Foreign personnel who meet one of the following criteria can be recognized as "high-end foreign talents" in the Hainan Free Trade Port:
1.Foreign high-end talents (Class A) and foreign professional talents (Class B) as defined by the "Classification of Foreigners Working in China (Trial Implementation)" published by the State Administration of Foreign Experts Affairs (latest version applies).
2.Foreign personnel who earn an annual income of RMB 300,000 or more in the Hainan Free Trade Port.
3.Foreign personnel who meet the criteria published in the "Catalogue of Urgently Needed and Shortage of Foreign Workers in Hainan Province".
4.Foreign personnel who are confirmed by the administrative department of the foreigner's work permit at or above the municipal level as urgently needed and in short supply and have applied for a temporary work permit.
5.Foreign personnel who are confirmed by the management department of the provincial key industrial park as urgently needed and in short supply and have applied for a temporary work permit.
Foreign "high-end talents" who meet the conditions can enjoy the foreign talent visa (R visa) issued by overseas embassies and consulates, which allows multiple entries for 5 to 10 years.
They can also work part-time with the consent of their employer without changing their work permit, as long as they provide a part-time work contract and register with the Provincial Science and Technology Department. They can be issued a work permit that is valid for the same duration as their work contract.
In addition, they can participate in the Provincial Science and Technology Plans (special projects, funds, etc.) in the field of scientific and technological innovation and serve as project leaders or chief scientists. They are entitled to other work permits, entry and exit facilitation, and service guarantees as specified by regulations.