China implemented rules on January 1, 2015 clarifying when foreign nationals on short‐term assignments require work authorization. While most foreigners may still complete short‐term projects on business visas, certain projects now require short‐term work visas. The new rules reflect the continue tightening of restrictions on foreign nationals working in China.
When Short‐Term Work Visas Are Not Required
Activities that foreign nationals may perform in China for periods of less than 90 days on business visas include:
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Working at a branch, subsidiary, or representative office
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Providing guidance, supervision or inspection over bid-winning projects
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Repairing, installing, commissioning, disassembling purchased machinery or providing training regarding the use of such machinery
When Short‐Term Work Visas Are Required
Activities lasting less than 90 days when foreign nationals need short‐term work visas include the following:
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Engaging in technical, scientific research, management, or guidance work at business partners
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Making films (including commercials and documentaries)
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Performing as fashion models
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Participating in “foreign‐related commercial performances”
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Engaging in other work as determined by relevant government authorities
Procedures
When a short‐term work visa is required, the Chinese entity hosting the foreign national is responsible for obtaining an employment license. The foreign national will need to obtain the work visa outside of China. The new rules do not specify employee educational or experience requirements.
If the work will exceed 30 days in China, then the foreign national must obtain a residence permit. The short‐term work visa may not be renewed.
Impact
A business visa is no longer sufficient for many types of short‐term assignments, in particular, for most types of work at third‐party customers, suppliers, and business partners. As a result, additional time will be required to obtain visas to send many employees to China.
Foreign nationals who fail to obtain required short‐term work visas—and their sponsors—may be subject to fines. The foreign nationals may also be subject to detention and even deportation.
The new rules leave unchanged requirements that work authorization is needed for foreign nationals who are assigned to work in China for more than 90 days, and for foreign nationals who are directly employed or are compensated by PRC entities.