[Home] [Databases] [WorldLII] [Search] [Feedback] Laws of the People's Republic of China

You are here:  AsianLII >> Databases >> Laws of the People's Republic of China >> CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL FOR TRANSMITTING THE REGULATIONS SUBMITTED BY SPECIAL ECONOMIC ZONES OFFICE OF THE STATE COUNCIL CONCERNING SIMPLIFYING THE PROCEDURE OF EXAMINATION AND APPROVAL OF THE CHINESE STAFF EMPLOYED IN FOREIGN INVESTMENT ENTERPRISES GOING ABROAD (OR TO HONGKONG OR MACAO)

[Database Search] [Name Search] [Noteup] [Help]

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL FOR TRANSMITTING THE REGULATIONS SUBMITTED BY SPECIAL ECONOMIC ZONES OFFICE OF THE STATE COUNCIL CONCERNING SIMPLIFYING THE PROCEDURE OF EXAMINATION AND APPROVAL OF THE CHINESE STAFF EMPLOYED IN FOREIGN INVESTMENT ENTERPRISES GOING ABROAD (OR TO HONGKONG OR MACAO)

    "Regulations Concerning Simplifying the Procedure of Examination and
Approval of the Chinese Staff Employed in Foreign Investment Enterprises
Going Abroad (or to Hongkong or Macao)" submitted by the Special Economic
Zones Office of the State Council has been approved by the State Council and
is hereby transmitted to you, and you are requested to implement it
conscientiously.

    With the issue of this circular, the "Circular of the General Office of
the State Council for Transmitting the Recommendations submitted by Special
Economic Zones Office of the State Council Concerning Simplifying the
Procedure of Examination and Approval of the Chinese Staff Employed in
Chinese-Foreign Equity Joint Ventures and Chinese-Foreign Contractual Joint
Ventures Going Abroad Repeatedly" becomes invalid.
REGULATIONS CONCERNING SIMPLIFYING THE PROCEDURE OF
EXAMINATION AND APPROVAL OF THE CHINESE STAFF EMPLOYED
IN FOREIGN INVESTMENT ENTERPRISES GOING ABROAD (OR TO HONGKONG OR MACAO)

    In order to improve management conditions for the foreign investment
enterprises and facilitate the Chinese staff employed in those enterprises to
participate in business abroad, it is necessary to simplify the procedure of
examination and approval of their going abroad or to Hongkong or Macao. The
following regulations are hereby issued.

    1. Chinese-foreign equity joint ventures and Chinese-foreign contractual
joint ventures which either produce exports valued at more than $ one million
(U.S.), or are classed as technologically advanced according to related
regulations by the department of economic relations and trade of provincial
level or above, can, based on their conditions and practical needs, assess a
certain number of Chinese employees who are to be frequently sent abroad or
to Hongkong or Macao on business of economic relations and trade (the number
to Hongkong and Macao is limited to three) and apply to the department of
economic relations and trade under the People's Government of the province,
autonomous region or municipality directly under the Central Government where
they are located. Enterprises in provincial capitals (or capitals of the
autonomous region), municipalities under separate planning, opening cities in
coastal regions, opening cities along the Changjiang River (Yangtze River)
and the special economic zones, can apply directly to the department of
economic relations and trade under the People's Government of the city where
they are located. After the approval of the department of economic relations
and trade of the government, the procedure of examination and approval of
those Chinese employees' multiple exit to foreign countries or Hongkong or
Macao should be simplified. Those who are going abroad for the first time
should go through the procedure of examination and approval according to
present regulations. If they have to go abroad again within the year of the
approval, it can be approved by the Chinese employee in charge in the
enterprise and directly go through the procedure of going abroad at the
department of foreign affairs of the local government; those who are going
for the first time to Hongkong or Macao shall be reported by the local
People's Government to Hongkong and Macao Affairs Office of the State Council
for approval. If they have to go to Hongkong or Macao again within the year
of approval, they should follow the above procedure.

    2. Foreign-capital enterprises can, according to their business need, send
Chinese employees to foreign countries or Hongkong or Macao on business.
After their report to and the examination of the department of economic
relations and trade of local People's Government or the institution
designated by the People's Government, they can either themselves provide or
entrust related units to provide necessary documents to the local public
security organs to apply for exit procedures to foreign countries or Hong
Kong or Macao.

    If the foreign-capital enterprises in special economic zones should send
their long-term employed Chinese, whose residence record is not registered in
the special economic zone, abroad on a temporary basis, it is feasible for the
applicant to make application for going abroad to the public security organ
in the city or county of the special economic zone, with the temporary
residence registration record issued by the public security organ and papers
indicating the long-term work in the special economic zone issued by the
legal person of the enterprise. If the person needs to stay abroad for more
than six months for business, or to go abroad for private affairs, it is
required that applicants go through the traveling abroad formalities
controlled by the public security organ in the city or county where the
applicant's permanent residence is registered.

    3. Chinese employees in foreign investment enterprises in special economic
zones who have to go to Hongkong or Macao on business shall make application
for approval of exit according to related regulations issued by the Ministry
of Foreign Affairs and the Ministry of Public Security.

    4. As for Chinese in foreign investment enterprises who need to go to
foreign countries or Hongkong or Macao for business or technological and
professional training, the required fees shall be paid by the enterprise with
its own foreign exchange, not to be included in the quota of foreign exchange
issued by the State for going abroad or to Hongkong or Macao.

    5. All the regions and departments concerned should strengthen the control
of this work, follow the measures required by the regulations and implement
them as soon as possible. Institutions of examination and approval of all
levels and the Chinese employee in charge in the above enterprises should,
according to the regulations formulated by the State concerning the
administration of the personnel going abroad or to Hongkong or Macao, carry
out the examination conscientiously and strengthen the education of discipline
in foreign affairs; at the same time they should simplify as much as possible
the examination and approval procedure within the limit of the regulations
and provide facilities and better services for enterprises.