Life of Guangzhou - How to Apply For the Certificate of Qualification to Employ Foreign Experts

Organizations and institutions in education, scientific research, press, publication, culture, art, sanitation and sports etc. that are in need of employing foreign cultural and educational experts should apply for the Certificate of Qualification to Employ Foreign Experts.

I. Application requirements
All units which intend to employ foreign cultural and educational experts should obtain the qualification authorization to employ foreign experts and the certificate as well. The certificate is the basis for foreign experts to obtain a China work permit, an invitation telegraph or letter, an expert card, and a Chinese residency permit.

The unit applying for the certificate of qualification to employ foreign experts must meet the following requirements:
1) The unit should be an independent legal body
2) The unit should obtain certification approved by the trade authorities
3) The unit should possess a specific department staffed with qualified workers for management and care of foreign experts.
4) The units should have a complete and effective system and the necessary personnel for foreign experts management.
5) The units should have the capacity to accommodate the foreign experts in terms of working and living conditions, and the capacity to ensure their safety as well.
6) The units should have a stable financial source to employ foreign experts.

Note: For newly-established schools or other newly established educational and training institutes, one year operation or more as well as a stable teaching staff, stable enrollment, and a stable teaching practice is a prerequisite. But this is to the exclusion of legally-established Sino-foreign schools and schools for foreign students only.

II. Application materials:
1) The Application Form for the Certificate of Qualification to Employ Foreign Experts, can be downloaded from this website.
2) A copy of the qualification certificate of the legal body;
3) Foreign experts management (safety rules included);
4) Rules on employing foreign workers;
5) Business license: Schools or other educational and training institutes should submit approval documents issued by the relevant educational department, labor department, or administrative department on industry and commerce, and a copy of the Certificate to Operate a School or Business. Other units should submit a copy of the business license or approval document issued by the relevant administrative departments.
Note: Five copies of each of the above materials are required.

III. Procedures and time limit
1) Application
Units under the Guangdong Provincial Government and units in Guangzhou under the central government should apply directly to the Guangdong Provincial Bureau of Foreign Experts.
Other units should apply to Guangzhou Foreign Experts Bureau.

2) Receipt of the Application
(1) The application materials which are complete and conform to the relevant laws and regulations will be officially received.
(2) For incomplete application materials or materials in conflicts with the relevant laws and regulations, the applicant will be given a notice regarding the missing materials within five days; if notice is not given, the application will be officially received the day when the materials are received. For incomplete application materials or materials in conflicts with the relevant law and first submitted. If, upon notification, the applicant fails to supply the missing materials, the application will not be accepted.
(3) If the application is not officially accepted, the applicant will be notified of the reason.

3) The Approval Process
(1) Guangzhou Foreign Experts Bureau will be the first to examine the application materials and will then consult the Guangzhou Education Bureau, which within seven working days will mainly propose some suggestions from the perspective of trade management. Examination will be finished within 10 working days. Should the verification of the application materials be involved, within ten working days (excluding the previous ten working-day examination) the Guangzhou Education Bureau will undertake a site investigation in collaboration with the Guangzhou Public Security Bureau and the Foreign Affairs Office of the Guangzhou Municipal Government. The applicant will be informed of the number of days required for the investigation. The Guangzhou Foreign Experts Bureau will submit the relevant application materials and consultation forms to the Guangdong Provincial Bureau of Foreign Experts after giving the initial examination report.

(2) The Guangdong Provincial Bureau of Foreign Experts will be the first to examine the application materials and then, within 20 working days, will consult the Education Department of Guangdong Province, the Public Security Department of Guangdong Province, and Foreign Affairs Office of the People’s Government of Guangdong Province. If a verification of the application materials is needed, the Guangdong Provincial Bureau of Foreign Experts will, together with the relevant departments, undertake the on-site investigation within 10 working days (excluding the previous 20 working-day examination). The applicant will be informed of the number of days needed for the investigation. The Guangdong Provincial Bureau of Foreign Experts will submit the application materials to the State Administration of Foreign Experts Affairs after examining the Application Forms.

4) Approval
State Administration of Foreign Experts Affairs will execute the approval procedures after it has received all the application materials and consultation results given by the department in charge of receiving the application. It will make a decision within 20 working days after it goes through the examination steps in accordance with the relevant regulations. Under special circumstances, a ten-working-day extension will be given if permission is granted by the leaders in the State Administration of Foreign Experts Affairs. For this an extension notice on administrative permission bearing the seal of the State Administration of Foreign Experts Affairs and the specific date will be sent. The applicant will be informed of the reason for the extension.

No administrative permission by the State Administration of Foreign Experts Affairs will be granted, if any of the following circumstances occur:
(1) False information is provided;
(2) The applicants are not qualified to employ foreign experts;
(3) There are other circumstances, that cause the State Administration of Foreign Experts Affairs to deem it inappropriate for the applicant receive the permission.
　
The State Administration of Foreign Experts Affairs, when approving or not approving the application, will issue a stamped Notice on Administrative Examination and Approval with the specific issuing date. If the application is not approved, The State Administration of Foreign Experts Affairs will specify the reasons on the Notice on Administrative Examination and Approval. If it is approved, Certificate of Qualification to Employ Foreign Experts printed by the State Administration of Foreign Experts Affairs will be issued within 10 working days.
　
IV. Annual registration examination
Guangdong Provincial Bureau of Foreign Experts will organize the annual registration examination in the whole province in accordance with the notice given by the State Administration of Foreign Experts Affairs. The Guangzhou Foreign Experts Bureau will submit the annual registration examination report to the Guangdong Provincial Bureau of Foreign Experts before December 15, and the Guangzhou Foreign Experts Bureau will submit the annual registration examination report to the State Administration of Foreign Experts Affairs by the end of December. Every January the State Administration of Foreign Experts Affairs will undertake the annual inspection of all work units possessing the certificate. The units will be dealt with as follows:
1) The registration will be granted to the units which employ the foreign experts in accordance with the relevant rules and regulations.
2) If there are common problems in employee management or there is not normal employment during one year, the registration will be suspended for three months. After three months, the registration will be granted or revoked in accordance with the performance of the units in dealing with the problems.
3) If the units fail to employ the foreign experts because they have merged with other units or if they fail to employ the foreign experts in two successive years, the qualification for employing foreign experts will be cancelled.
4) In case of serious employment problems, the qualification to employ foreign experts will be suspended for two years. The units can reapply after two years. .

V. Miscellaneous
1) After the issue of this rule, all the decisions on administrative approval made by the State Administration of Foreign Experts Affairs will be open to the public and can be consulted. The Certificate of Qualification to Employ Foreign Experts will be valid if it has been approved and gone through the 2004 annual registration examination.
2) If the units, failing to obtain the Certificate of Qualification to Employ Foreign Experts employ foreign cultural and educational experts or teachers without authorization, they will undergo investigation by the Guangdong Provincial Bureau of Foreign Experts and Guangzhou Foreign Experts Bureau in collaboration with Public Security Bureau and other related departments and risk penalty.