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Notice on Issues of Work Permit Handling for Foreign Talents Working in Shanghai Engaged by Shanghai Based Foreign-Funded R&D Centers to Work (HRSG [2017] No.39)

03-23-2020

To relevant entities:

To implement the strategic planning of Shanghai Municipality on accelerating the construction of a globally influential science and technology innovation center, comply with the Opinions of the State Council on Enhancing the Implementation of the Innovation-driven Development Strategy to Further Promote the Deep Development of Mass Entrepreneurship and Innovation (GF [2017] No. 37), Notice of the State Council on Several Measures for Promoting Growth of Foreign Investment (GF [2017] No. 39), Notice of the State Administration of Foreign Experts Affairs, the Ministry of Human Resources and Social Security, the Ministry of Foreign Affairs, and the Ministry of Public Security on Comprehensively Implementing the Work Permit System for Foreigners in China (WZF [2017] No. 40), Several Opinions of Shanghai Municipal Peoples Government on Further Supporting Foreign-invested Research & Development Centers to Participate in Shanghai’s Construction of a Science and Technology Innovation Center with Global Influence (HFF [2017] No. 79) and other regulations, further support municipal foreign-invested R&D centers to participate in the construction of a globally influential science and technology innovation center, increase efforts to attract different kinds of foreign research and development talents, facilitate and provide convenience for foreign talents employed by municipal foreign-invested R&D centers for working, innovation and entrepreneurship in Shanghai, relevant matters are hereby notified as follows:

 

I. Scope of Application

For the purpose of this Notice, Foreign-invested Research and Development Centers means foreign-invested Research and Development (R&D) centers recognized and approved by Shanghai Municipal Commission of Commerce, Management Committee of China (Shanghai) Pilot Free Trade Zone, Peoples Government of Pudong New Area or Shanghai Zhangjiang Hi-Tech Park Administrative Committee. Any foreign research and development talent, foreign management and technical talent or other foreign talents employed by such foreign-invested R&D centers to work in Shanghai shall handle the procedures for work permit for foreigners in accordance with relevant provisions of this Notice.

 

II. Application conditions

(I) The applicant should reach the age of 18 in good health status.

 

(II) The applicant has no criminal record.

 

(III) The applicant has a specific employer, and such employer conducts normal course of business and legally carries out activities in municipal administrative area, and has obtained the approval of accreditation as foreign-invested R&D center issued by Shanghai Municipal Commission of Commerce, Management Committee of China (Shanghai) Pilot Free Trade Zone, Peoples Government of Pudong New Area or Shanghai Zhangjiang Hi-Tech Park Administrative Committee.

 

(IV) The corresponding post should satisfy the economic and social development of China and the applicant should be a professional talent much needed in China and have knowledge or skills commensurate with the target post.

 

(V) The applicant has a valid passport or other valid international travel documents.

 

(VI) Other requirements as provided by the laws and regulations.

 

III. Handling procedures

Any foreign talent employed by municipal foreign-invested R&D centers and satisfying the conditions shall apply to Shanghai Municipal Administration of Foreign Experts Affairs or the competent administrative department for foreign talents of the district government as authorized by Shanghai Municipal Administration of Foreign Experts Affairs in accordance with law, and submit the following materials:

 

(I) A valid business license or other legal registration certificate of the foreign-invested R&D center, the certificate of approval for establishment of enterprises with foreign investment or filing certificate, and the approval of accreditation as foreign-invested R&D center issued by Shanghai Municipal Commission of Commerce, Management Committee of China (Shanghai) Pilot Free Trade Zone, Peoples Government of Pudong New Area or Shanghai Zhangjiang Hi-Tech Park Administrative Committee

 

(II) An employment contract or employment certificate (including the dispatch letter of a multinational company)

 

(III) A report of reason for employment

 

(IV) Applicants complete curriculum vitae in Chinese

 

(V) The highest degree (academic qualification) certificate (original and duplicate) and certification documents. For Foreign High-end Talents (Category A), the notification + commitment system is adopted for the degree (academic qualification) certificate and certification documents.

 

(VI) Certificate of no criminal record. For Foreign High-end Talents (Category A), the notification + commitment system is adopted for the certificate of no criminal record.

 

(VII) Applicants valid passport or other valid international travel documents

 

(VIII) Applicants certificate of physical examination

 

(IX) Applicants bareheaded and full-face photo taken no more than six months ago

 

(X) Other supporting materials as deemed necessary by the issuing authority

For handling procedures and materials above, refer to the Notice of State Administration of Foreign Experts Affairs on Issuing the Service Guide to the Foreigner's Work Permit in China (for Trial Implementation) (WZF [2017] No. 36) and the Notice of Shanghai Municipal Human Resources and Social Security Bureau and Shanghai Municipal Administration of Foreign Experts Affairs on Issuing the Service Guide to the Foreigner's Work Permit in China (for Trial Implementation) (HRSW [2017] No. 181)

Shanghai Municipal Administration of Foreign Experts Affairs or the competent administrative department for foreign talents of the district government as authorized by Shanghai Municipal Administration of Foreign Experts Affairs in accordance with law shall approve the application according to regulations. The Work Permit for Foreigners Working in China will be issued to qualified foreign talents employed by municipal foreign-invested R&D centers, and the foreign talents who have obtained the Work Permit for Foreigners Working in China should handle relevant residence certificate with the public security department.

 

IV. Facilitation measures

 

(I) Further facilitating employment of foreign talents by foreign-invested R&D centers

 

1. Foreign R&D personnel employed by municipal foreign-invested R&D centers can directly apply for handling procedures for the work permit for foreigners working in China. For foreign R&D persons who are employed by municipal foreign-invested R&D centers and have been in China with L (tourist), F (visitor) or other visas (failing to meet conditions for Foreign High-end Talents), qualified persons are allowed to directly apply for Work Permit for Foreigners Working in China, exempt of the Notice for the Work Permit for Foreigners.

 

2. Talents at senior management or technical posts employed by municipal foreign-invested R&D centers are entitled to green channel service for Foreign High-end Talents (Category A) for application for the work permit for foreigners in China. The notification + commitment system is adopted for the degree (academic qualification) certificate and certification documents, and the certificate of no criminal record.

 

3. Foreign talents employed by municipal foreign-invested R&D centers can adopt the Tolerance Acceptance system for handling procedures for foreigners work permit, that is, foreign talents employed by foreign-invested R&D centers are allowed to apply for the work permit for foreigners in absence of some necessary materials such as degree (academic qualification) certification documents and the certificate of no criminal record, and then additionally submit valid materials when receiving the Work Permit for Foreigners Working in China.

 

4. For other foreign persons necessarily employed by municipal foreign-invested R&D centers, qualified persons with a recommendation letter issued by Shanghai Municipal Commission of Commerce can apply for and handle the Work Permit for Foreigners Working in China in accordance with relevant regulations.

 

5. Municipal foreign-invested R&D centers are directly included in Shanghai Science and Technology Innovation Occupation List (hereinafter List). Foreign-invested R&D centers included in the List are entitled to benefits in accordance with relevant regulations.

 

6. Municipal foreign-invested R&D centers can directly employ current-year foreign graduates with a master degree or above from foreign (overseas) universities. For graduates from foreign universities employed by municipal foreign-invested R&D centers registered in China (Shanghai) Pilot Free Trade Zone or Zhangjiang National Innovation Demonstration Zone, the degree can be extended to a bachelor degree.

 

7. Improving the credit management system. Municipal foreign-invested R&D centers can apply to join the green channel of credit system for municipal enterprises with good credit in employing foreign talents.

 

(II) To encourage foreign-invested R&D centers to employ foreign high-end talents, any of the following talents can directly apply for the work permit for Foreign High-end Talents (Category A)

 

1. Foreign talents who conforms to international criteria of professional achievements

 

2. Foreign talents who are selected for domestic programs for talents introduction in China

 

3. Talents appointed for senior management or technical posts in the foreign-invested R&D center

 

4. Foreign talents with contracted annual salary of 600,000 yuan or above in China and annual payment of individual income tax of 120,000 yuan or above in Shanghai

 

5. Young talents under the age of 40 who are engaged in post-doctoral research in high-level foreign (overseas) universities or domestic universities

 

6. Foreign talents graded 85 points or more in the points-based system

 

For relevant criteria and talents programs above, refer to Annex: Classification Standard for Foreigners Working in China (For Trial Implementation) attached to the Notice of the State Administration of Foreign Experts Affairs, the Ministry of Human Resources and Social Security, the Ministry of Foreign Affairs, and the Ministry of Public Security on Comprehensively Implementing the Work Permit System for Foreigners in China (WZF [2017] No. 40).

 

(III) Foreign High-end Talents (Category A) employed by municipal foreign-invested R&D centers are entitled to the following benefits

 

1. No limitation for age, education or working experience

 

2. Direct application for the work permit in China. The notification + commitment system can be adopted for highest degree (academic qualification) certificate and the certificate of no criminal record. The time limit for approval is shortened to 5 working days.

 

3. A work permit for foreigners working in China valid for maximum five years

 

4. YIKATONG related benefits in pilot areas with Foreign High-end Talents (Category A) card

 

5. Direct application for Shanghai Residence Card of Overseas Talents (Category B) and entitlement to relevant benefits

 

V. Miscellaneous

 

The Notice shall be effective as of January 1, 2018 until December 31, 2022.

 

Shanghai Municipal Human Resources and Social Security Bureau


Shanghai Administration of Foreign Experts Affairs

December 29, 2017