People’s governments of all districts and county-level cities, Management Committee of Qingdao West Coast New Area, all departments of the municipal government, all entities directly under the municipal government,
The Provisional procedure of management and service of foreigners working in Qingdao has been studied and agreed by the municipal government and is now issued to you. Please implement it seriously.
Office of Municipal People’s Government of Qingdao
December 31, 2021
(This document is issued publicly.)
Provisional procedure of management and service of foreigners working in Qingdao
Article 1 To further standardize the management and service of foreigners working in Qingdao, attract foreign talents to Qingdao for innovation and entrepreneurship and to promote the construction of an international city of innovation and entrepreneurship, the present procedure has been established in accordance with laws, regulations and relevant provisions and taking into account the actuality of Qingdao.
Article 2 The present procedure is applicable to the foreigners working in Qingdao and the employers hiring foreigners (hereinafter referred to as “employers”).
Article 3 The foreigner designated here refers to a natural person who is at least 18 years old, without Chinese nationality, healthy, with no criminal record, possessing professional knowledge and know-how necessary for working in Qingdao and providing social labor such as production, teaching, scientific research, management and service in accordance with laws.
Article 4 The employers designated here refer to all kinds of employers hiring foreigners within the administrative region of Qingdao in accordance with laws and relevant provisions of the state, Shandong Province and Qingdao.
Article 5 Municipal departments of science and technology (bureau of foreign expert affairs), foreign affairs and public security are competent authorities for working and residence of foreigners in Qingdao and in charge of management and service of foreigners working in Qingdao and their employers according to their functions. The departments of education, human resources, social security and market supervision assume the management and service functions for foreigners working in Qingdao within their scope of function in accordance with laws.
Article 6 The foreigners working in Qingdao are divided into three categories: foreign high-end talents (category A), foreign professional talents (category B) and other foreigners (category C) and the management and service is carried out according to their categories.
Article 7 The foreign high-end talents (category A) refer to the scientists urgently needed by Qingdao to fuel its economic and social development, leading scientific and technological professionals, international entrepreneurs, and special talents who possess skills in high technology or top-notch sectors that are in urgent need in Qingdao. There is no limit for age, educational background and working experience of foreign high-end talents (category A). The foreign high-end talents mainly include:
(1) Foreigners who meet the criteria of foreign high-end talents (category A) defined in relevant documents of the state and Shandong Province;
(2) Foreign talents who have got the “Talent Preferential Card of Shandong Province” or who meet the criteria in the High-end talents classification catalog of Qingdao;
(3) Foreigners who are the first leaders of scientific and technological plans and projects of municipal or higher level;
(4) Foreigners engaged for senior management or technical posts by major science and technology innovation platforms such as laboratories, key laboratories, technological innovation centers, clinic medicine centers, new types of R&D institutions of municipal or higher level;
(5) Foreigners who are chairmen of board, legal representatives, general managers or chief technological experts of hi-tech enterprises.
Article 8 The foreign professional talents (category B) refer to the foreign professionals who meet the guidance catalog for foreigners working in China and relevant job requirements and who have skills that are urgently needed for social and economic development of Qingdao. There is no limit for age of foreign high-end talents (category B). The foreign professional talents mainly include:
(1) Foreigners who meet the criteria of foreign professional talents (category B) in relevant documents of the state and Shandong Province;
(2) Foreign talents whose average wage income is not lower than 3 times the annual social average wage income of Qingdao;
(3) Foreign investors who create an enterprise in Qingdao with an actual investment of no less than RMB 500,000 yuan;
Article 9 Other foreigners (category C) refer to foreigners who meet the need of the labor market of Qingdao and the provisions of relevant national policies. The number of other foreigners is strictly limited according to relevant provisions of the state.
Article 10 Qingdao Area of China (Shandong) Pilot Free Trade Zone and the Demonstration Zone for China-SCO Local Economic and Trade Cooperation can establish the classification and identification criteria for foreign talents that meet their own need and reality in accordance with relevant provisions of the state and Shandong Province.
Article 11 Foreigners working in Qingdao shall get the work permit and the residence permit for working according to relevant provisions. If an employer hires a foreigner who is out of China to work in Qingdao, the employer and the foreigner shall follow the following procedure:
(1) The employer shall apply for the notice on work permit for foreigners to the municipal scientific and technological department (bureau of foreign expert affairs);
(2) The foreigner shall apply for the work visa to the visa-granting authority such as Chinese embassy or consulate in the foreign country with the notice on work permit for foreigners and other materials;
(3) The employer shall apply for the work permit for foreigners to the municipal scientific and technological department (bureau of foreign expert affairs) with the work visa and relevant materials;
(4) The foreigner shall apply for the residence permit for working to the exit-entry administration department of public security organ with the work permit for foreigners and other materials.
The foreigner who is already in China and meets relevant conditions can apply for the work permit for foreigners directly in China.
Article 12 The application for work permit for foreigners is exempt from verifying paper materials which will be verified when the foreigners collect the work permit. The paper materials will be no longer verified when handling the formalities of extension, change, reissuance and cancelation of the work permit for foreigners working in Qingdao.
Article 13 For a foreigner working in China who changes employer, if his residence permit for working is within the period of validity or canceled and replaced by another certificate of stay for no more than one month, to apply a new work permit for the transfer of employment to Qingdao, his/her certificate of job qualification (except for change of post or profession), the certificate and the authentication of his/her highest academic degree, certificate of no criminal record, certificate of physical examination and other materials can be verified by means of commitment according to the provisions.
Article 14 The foreign high-end talents (category A) can be granted the work permit and the residence permit for working valid for no more than 5 years according to the period of validity of their contract and passport. When applying for the work permit with his/her wage income but cannot provide the tax payment certificate for the moment, the foreign high-end talent can be granted the first permits valid for no more than 1 year and the tax payment certificate shall be verified when extending the permits.
Article 15 The foreign professional talents (category B) can be granted the work permit and the residence permit for working valid for no more than 2 years for the first time according to the period of validity of their contract and passport. When extending the permits, the admitted period shall not exceed 5 years. When applying for the work permit with his/her wage income but cannot provide the tax payment certificate for the moment, the foreign professional talent can be granted the first permits valid for no more than 1 year and the tax payment certificate shall be verified when extending the permits. The foreign professional talents of more than 60 years old can be granted the work permit and the residence permit for working valid for no more than 1 year.
Article 16 For a foreign high-end talent working in Qingdao who has got the qualification of permanent residence or the residence permit for working, the employer can apply for the work permit and the residence permit for working for the foreign members of scientific research team and a foreign housekeeper of the high-end talent for the same period of validity as that of the permits of the foreign high-end talent.
Article 17 The excellent foreign students graduated from universities in China with bachelor or higher degree and coming to Qingdao for innovation or entrepreneurship within 2 years after graduation can apply for the work permit and the residence permit for working for foreigners working in China with relevant recommendation materials of the university and there is no requirement for working experience.
Article 18 Within the Qingdao Area of China (Shandong) Pilot Free Trade Zone and the Demonstration Zone of China-SCO Local Economic and Trade Cooperation, the foreign talents are allowed to apply for the work permit and the residence permit for working valid for no more than 6 months through the platforms such as industrial parks, incubators and maker spaces approved by the competent authorities of municipal or higher level within the period of entrepreneurship.
Article 19 The legal rights and interests of foreigners working in Qingdao are protected by laws and they are protected by laws to enjoy the rights and interests of investment, medical treatment, financial service, children’s education and transport.
Article 20 The foreigners working in Qingdao who meet the relevant conditions can be recommended for participation in national, provincial or municipal science and technology or talent plans or projects and can enjoy relevant policies. The foreigners who have made important contribution and outstanding achievements to the economic and social development of Qingdao will be commended and rewarded in accordance with laws and regulations and can be recommended as candidates for awards such as Chinese Government Friendship Award and Qilu Friendship Award.
Article 21 The foreigners holding the work permit for foreigners in China of category A or B and working in Qingdao for long term can enjoy the facilitating service when changing and using foreign currencies.
Article 22 The labor disputes between a foreigner and the employer shall be resolved by negotiation in accordance with laws and regulations or by means of mediation, arbitration or litigation according to laws.
Article 23 Foreigners working in Qingdao shall sign the employment contract with the employer and pay the individual income tax according to laws and participate in the social insurance according to relevant provisions.
Article 24 Any entity or individual shall not hire foreigners who haven’t got the work permit and the residence permit for working. The foreigners who haven’t got the work permit and the residence permit for working according to relevant provisions or who work in Qingdao out of the period and scope limited by the work permit will be treated by the municipal department of science and technology (bureau of foreign expert affairs), public security bureau and other relevant competent authorities in accordance with laws and regulations.
Article 25 The entity or individual who hides reality, provides false materials or commits other similar faults when applying for the work permit and the residence permit for working will be included into the credit management system according to relevant provisions and treated in accordance with laws and regulations by the municipal department of science and technology (bureau of foreign expert affairs), public security bureau and other relevant competent authorities.
Article 26 The entity or individual who alters, rents, lends, sells or transfers in other illegal forms the work permit and the residence permit for working will be treated by the municipal department of science and technology (bureau of foreign expert affairs), public security bureau and other relevant competent authorities in accordance with laws and regulations.
Article 27 All relevant competent authorities shall establish the information sharing mechanism, carry out joint inspections on foreigners working in Qingdao according to relevant provisions, explore to establish the interview mechanism for the employers violating the regulations and strengthen the credit management and the supervision in and after the process.
Article 28 The present procedure doesn’t apply to the persons who enjoy the diplomatic privileges and immunities in China.
Article 29 The present procedure will be implemented on February 1, 2022 and valid until January 31, 2024.