This GMS Flash Alert reports on Ren She Bu Fa  No. 3 (Notice No. 3) and new rules for foreign graduates who wish to work in the People’s Republic of China.
A new Notice1 was recently issued in the People’s Republic of China in regards to allowing qualified foreign graduates with no work experience to get a work permit in the country.
The Ministries of Human Resource and Social Security, Foreign Affairs, and Education jointly announced Notice No. 3 on 6 January 2017.
The key aspects of Notice 3 are highlighted below.
Notice No. 3 further clarifies the application criteria and procedures under existing rules on foreigners getting work permits in the People’s Republic of China (PRC or China) (that had been limited to foreigners just in the so-called pilot areas) and extends the scope of the rules to foreigners outside the pilot areas.
The new rules should make it easier to attract and hire foreign talent in the PRC. Employers and immigration legal counsel should find the rules clarified and easier to understand.
Foreign graduates with no prior work experience are eligible to apply if they have completed a master’s program or above within the last year from:
The employment permit will initially be issued with a one year validity period, but can be extended for up to another five years after the employer completes the application for renewal.
The employment of foreign graduates with no working experience is subject to a quota system, which will be proposed by the Human Resource and Social Security authority at the provincial level and approved by the Ministry of Human Resource and Social Security.
The existing regulation which requires foreigners who intend to work in China have at least two years’ of related working experience put obstacles in the way to those innovative foreigners who seek opportunities following graduation in China. The Notice issued by the State Administration of Foreign Experts Affairs on Carrying out the Pilot Program of Issuing Work Permits for Foreigners Getting Work in China in September 2016 removed the requirement of “working experience” for qualified foreigners in the designated pilot areas (for related coverage see GMS Flash Alert 2016-142, 30 November 2016); whereas Notice No. 3 further clarifies the application criteria, procedures, and extends the rules to foreigners outside the pilot areas.
At present, the specific quota has yet to be further clarified. Companies that intend to employ foreign graduates are advised to pay close attention to any updates from the local governments, and should make proper arrangements with respect to relevant document collection and preparation.
1 Ren She Bu Fa  No. 3 - The Notice on Allowing Foreign Graduates Working in China issued by the Ministry of Human Resource and Social Security, Foreign Affairs and Education (“Notice No. 3”).
2 The monthly average salary in Shanghai in 2015 is RMB 5,939.
This article is excerpted, with permission, from “China remove the requirement of working experience for foreign graduates to get work permit,” in China Tax Alert (Issue 4, 24 January 2017), a publication of the KPMG International member firm in the People’s Republic of China.
For additional information or assistance, please contact your local GMS or People Services professional* or one of the following professionals with the KPMG International member firm in the People’s Republic of China:
Tel. +86 (21) 2212 3458
Tel. +86 (21) 2212 3486
* Please note the KPMG International member firm in the United States does not offer immigration services.
The information contained in this newsletter was submitted by the KPMG International member firm in the People’s Republic of China.
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