1. Permission item:
Qualification acknowledgement of overseas organizations introducing foreign experts in the cultural and educational fields to work in China
2. Enforcement body: State Administration of Foreign Experts Affairs
Provincial Administration of Foreign Experts Affairs
3. Qualifications for application:
All overseas organizations that intend to send experts in the cultural and educational fields to China shall secure qualification acknowledgement of overseas organizations introducing foreign experts in the cultural and educational fields to work in China, together with the certificate of acknowledgement servin
1. Objective: qualification approval for the employer to recruit foreign experts
2. Issuer: the State Administration of Foreign Experts Affairs of the People’s Republic of China
3. Scope: This certifying program applies to employers that need to recruit cultural and educational experts. At present it does not apply to any other type of employers.
4. Conditions: Any employer that plans to employ foreign experts must obtain a Qualification Certificate for Employment of Foreign Experts. This certificate is a basic reference when applying for Work Permits, letters of job offer, Foreign Expert Certificates, and Foreign Expert Residency Permits.
An employer applying for the Qualification Certificate for Employment of Foreign Experts must satisfy the following conditions:
1) It is incorporated as an independent entity;
2) Its industrial qualification has been recognized;
3) It has a special administrative and service division for foreign experts staffed with qualified personnel;
4) It has a complete program of foreign experts administration and a complete program for the management of a foreign affairs staff;
5) It has the work conditions, living facilities, and security necessary for the foreign experts; and
6) It has the necessary funds for the employment of foreign experts.
Note: A new school or a new organization that provides educational or training services shall not apply for qualification approval unless it has operated at least one year and has a stable teacher supply, a stable source of students, and a stable operation procedure. However, officially established Sino-foreign joint schools and schools recruiting only foreign children are not restricted by the above conditions.
5. Required Documents:
1) Application Form for Qualification Certificate for Employment of Foreign Experts;
2) Corporate license;
3) Program of foreign experts administration (including security matters) and program for the management of foreign affairs staff; and
4) Industrial license or certificate. A school or an educational or training institution shall submit a photocopy of certificate, approval, or license to run an education program or it shall submit a business license from education, labor, or industry and commerce administrative authorities. An institution of any other kind shall submit a photocopy respectively of license, certificate, or approval from the relevant administrative authorities.
6. Procedures and Processing Time
1) Application
Non-educational organizations affiliated with the ministries, commissions, and institutions under the State Council of China shall submit applications to the foreign affairs division of the relevant ministries, commissions, and institutions. Other organizations shall submit applications to the foreign experts bureau of the province to which they belong.
All application documents submitted to the foreign affairs divisions of the ministries and commissions and the provincial foreign experts bureaus will be deemed authentic if their authenticity has been verified by the applicant. If any inconsistency is spotted, appropriate measure will be taken according to Article 78 of the Administrative Licensing Law.
2) Acceptance of application
a. Application is accepted if the application documents are complete and comply with the required format, i.e., the applicant produces all application documents according to the requirements of authorities.
b. The office receiving the application will allow the applicant to make corrections on site. In case of incomplete documents or failure to comform to the appropriate legal format, this office will immediately or within five days issue a stamped and dated Notice for Supplying Complete and Correct Documents for Administrative Approval listing all the missing documents and documents to be corrected. If this notice is not delivered within the specified time, the application documents are acknowledged to have been received. If the applicant fails to supply complete and correct documents upon notice, the application is not acknowledged.
c. If requirements for acceptance of the documents are met, a Notice for the Acceptance of the Application for Administrative Approval and, in the case of non-acceptance, a Notice for the Non-acceptance of the Application for Administrative Approval will be issued with special stamp and issuing date. In case of rejection the notice will state the reasons for the rejection.
3) Checkup
The office in charge of receiving the documents, according to stipulations in the Administrative Licensing Law and other relevant rules and regulations, will perform a preliminary checkup and solicit opinions from the provincial authorities of the industry, public security, and foreign affairs (these authorities must respond within sesven workdays). The whole checkup will be completed within no more than 20 days. If it is necessary to check some substantial content of the documents, no fewer than two people will be dispatched for the check. The checkup time, which will not exceed ten workdays, is not included in the whole checkup time specified above, but a notice of the required check time must be given in writing to the applicant. After the preliminary checkup, the office in charge will give its opinion, sign the Application Form for Qualification Certificate for Employment of Foreign Experts, and send the application documents and checkup conclusions to the office in charge of implementing the decision – the State Administration of Foreign Experts Affairs of the People's Republic of China.
4) The Approval Process
Upon receiving complete application documents and checkup conclusions, the office in charge of approval will, according to rules and regulations, check the application documents and make a decision within 20 days. In special cases, an extension of 10 days will be allowed, this extension must be approved by head of the administrative unit. If an extension is approved, a stamped and dated notice will be given to the applicant stating the reasons for the extension.
In any one of the following cases, the office in charge will not grant approval:
a. The application documents contain information that is not accurate;
b. The applying organization does not satisfy conditions necessary for the employment of foreign experts; or
c. There are other circumstances that cause the authorities involved to deem it inappropriate to grant a Qualification Certificate for Employment of Foreign Experts.
When this office decides to grant or not to grant administrative approval, it will issue a stamped and dated Notice of Delivery of Verdict of Application for Administrative Approval. If the application is rejected, the office will state reasons for the rejection in this notice. In case of approval, the office will, within 10 days of making the verdict, deliver the standard Qualification Certificate for Employment of Foreign Experts from the State Administration of Foreign Experts Affairs of the People's Republic of China.
7. Annual Check and Registration
The provincial foreign expert bureaus and the foreign affairs divisions of the ministries, commissions, and affiliated institutions of the State Council are responsible for the annual check in their jurisdiction according to the notice for annual check from the State Administration of Foreign Experts Affairs. They shall report to the State Administration of Foreign Experts Affairs before the end of December. The State Administration of Foreign Experts Affairs, between January 1 and January 31, conducts the annual check of all the certified organizations and will render one of the following decisions, depending upon the findings:
1) Certification is continued if there is normal employment of foreign experts;
2) Certification is suspended (for three months, and may be continued or canceled after three months depending how the found problem is settled) if there are minor problems in the work of employing foreign experts or if foreign experts are not employed normally;
3) Certification is canceled if there is annulment or merging of the work unit or if the certified organization has failed to recruit foreign experts for two consecutive years; or
4) In case of serious problems in recruiting, the certificate is canceled and can only be re-applied for two years after the cancellation.
After promulgation of this decree, all certificates from the State Administration of Foreign Experts Affairs will be open and accessible to the public. Previous certification, the Qualification Certificate for Employment of Foreign Experts, continues to be valid if it passes the 2004 annual check and registration.
The State Administration of Foreign Experts Affairs reserves the right to interpret these Measures.
g as the essential certificate for overseas organizations to develop intermediary business on introducing experts in the cultural and educational fields to work in China.
The overseas organizations applied for this qualification acknowledgement shall fulfill the following requirements:
1) Corporate body;
2) Non-religious organization;
3) Qualification for introducing foreign experts.
4. Application materials
1) Form for qualification application of overseas organizations introducing foreign experts in the cultural and educational fields to work in China;
2）Legal documents issued by the local relevant authorities;
3）Certificate of credit position issued by local financial institution;
4) Background information of overseas organizations;
5) Resume of legal person of overseas organization (educational background and work experience).
5. Procedure and time limit
1) Application
Organizations without administrative institutions established in China shall lodge applications to the State Administration of Foreign Experts Affairs; and those with administrative institutions established in China, to the Provincial Administration of Foreign Experts Affairs.
2) Acceptance
a. Acceptance is given to those with complete application materials complied with legal regulations or to the applicants submitting all materials to the enforcement body as required.
b. Applicants are allowed to make corrections to application materials on the spot. For those incomplete materials and materials failing to meet legal regulations, enforcement body shall issue notice of administrative permission to supplement and correct application materials on the spot or in five days, with special-purpose seal of administrative organ affixed and clear date borne, informing applicants of all necessary alterations of materials once and for all. For the overdue notice, acceptance is assumably given on the date when materials are received.
c. For applications accepted and unaccepted, notice of acceptance on administrative permission and notice of refusal of administrative permission shall be issued respectively, with special-purpose seal of administrative organ affixed and clear date borne. In the latter situation, clear indication of reasons for refusal shall be given in the notice by enforcement body. Applications with incomplete materials or materials that breach legal regulations will meet a flat refusal of acceptance if they cannot be supplemented and corrected after notice.
3) Examination and Approval
Enforcement body shall make a final decision in 45days under the advice of public security bureau and foreign affairs department after examining application materials on the basis of relevant regulations.
Refusal of administrative permission is made under any one of the following conditions:
a. Application materials with false information.
b. Organizations failing to meet the requirements of introducing foreign experts.
c. Other situations that are considered unsuitable to issue the certificate of qualification acknowledgment by enforcement body.
When the enforcement body makes final decisions on giving or not giving permissions to applications, notice of administrative permission to deliver certificate shall be issued, with special-purpose seal of administrative organ affixed and clear date borne. In the latter situation, clear indication of reasons for refusal shall be given in the notice by enforcement body; for the former one, enforcement body shall issue and deliver the certificate of qualification acknowledgement printed by the State Administration of Foreign Experts Affairs within ten days after permission. The Provincial Administration of Foreign Affairs shall report the authorized organizations together with their application materials to the State Administration of Foreign Experts Affairs for the record.
6. Annual Inspection and registration
An annual inspection on qualifications of overseas organizations is conducted by the State Administration of Foreign Experts Affairs and the Provincial Administration of Foreign Experts Affairs during Jan. 1st and Mar. 31st. And the following measures are taken up according to inspection results:
1) Registration is allowed to organizations with normally launched business on introducing foreign experts (Qualification acknowledgement still holds);
2) Suspension of registration is conducted to organizations that have violated regulations of generality during business process (Membership will be suspended for three months, after which registration is allowed or revoked, according to the results of dealing with existing problems);
3) Cancellation of qualification is conducted to organizations that are confirmed to stop business;
4) Organizations that have violated regulations of gravity will have their qualification cancelled and are not allowed to apply for this permission in China within two years.
The Provincial Administration of Foreign Experts Affairs shall report the results of annual inspections to the State Administration of Foreign Experts Affairs for the record.
The State Administration of Foreign Experts Affairs reserves the right to interpret these Regulations.
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