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Notice of Transferring Letter on Related Issues of Holding Job Qualification Certificate by Foreigners for Employment by the Labor and Social Security
Date:2014-07-15     
 

    To all the district- and county-level labor and social security bureaus, and professional skill appraising organizations:
    Now the Letter on Related Issues of Holding Job Qualification Certificate by Foreigners for Employment (LSTH [2005]323) by the Labor and Social Security Bureau is
transferred to you. The following advices are raised according to the realities of our city and require your simultaneous implementation.  
    I. All vocational training organizations and appraising organizations must strictly implement the national vocational standard, training plan, and teaching program
when training and appraising foreigners. The foreigners passing appraisal shall be granted with the associated Job Qualification Certificate of the People’s Republic of China.  
     II. Any foreigner holding the occupation (trade) specified by China and Beijing shall submit the associated Job Qualification Certificate of the People’s Republic
of China , or the job qualification certificate issued by the government or trade association of the associated country and notarized by a competent notary organ of the associated country in case of a special foreign occupation (trade) (the approval from the Ministry of Human Resources and Social Security of PRC is a premise), for applying for an employment permit as per the Rules for the Administration of Employment of Foreigners in China.
    III. All the district- and county-level labor and social security bureaus shall enhance the management over employment of foreigners, and shall punish the employers
breaching the applicable requirements and employing foreigners without the required job qualification certificate to do technological work as per the Provisions on Employing Technicians by the Labor and Social Security Bureau.  

    Annex: Letter on Related Issues of Holding Job Qualification Certificate by Foreigners for Employment
    Beijing Municipal Labor and Social Security Bureau
    Nov.8, 2005

    Annex:
    Letter on Related Issues of Holding Job Qualification Certificate by Foreigners for Employment
    LSTH[2005]323
    To all the labor and social security divisions (bureaus) of provinces, autonomous regions and municipalities directly under the central government:
    According to the Rules for the Administration of Employment of Foreigners in China (LBF [1996]29), the foreigners obtaining employment in China shall be of
professional skills and associated working experience for the occupations they hold. In 2000, our ministry formulated and issued the Provisions on Employing Technicians (The 6th order from the Ministry of Human Resources and Social Security of PRC) as per the Labour Law and the Vocational Education Law, to specify that all the persons holding the occupations (trades) specified by China must hold the associated job qualification certificate. According to this stipulation, the foreigners obtaining an employment of the occupation (trade) specified by China shall also hold the associated job qualification certificate. Now, the affairs related to holding a job qualification certificate by foreigner for employment in China are notified as below:
    I. Considering that Chinese government has not concluded any agreement on mutual recognition of job qualification certificates with government of any other country,
the foreigners holding an occupation (trade) specified by China in China must hold the associated Job Qualification Certificate of the People’s Republic of China in principle. 
    II. The foreigners holding a special foreign occupation (trade) in China, like western cook, western pastry cook, etc., may hold the job qualification certificate
issued by the government or trade association of the associated foreign country for employment or working under the premise that the Ministry of Human Resources and Social Security of PRC approves. In addition, such certificate shall be notarized by a competent notary in the associated country in Chinese or English.
    III. Foreigners shall be allowed to take occupational qualification appraisal examinations (only Chinese test papers shall be provided) in China, and all the places
where foreigners take such examinations shall provide associated services to such foreigners.
    General Office of the Ministry of Human Resources and Social Security of PRC
    Sep. 13, 2005


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