Application Guide for Work Permit in Guangzhou

 

A. Permit Issue: Work Permit of Foreign Experts to Work in China

B. Implementation Authority: Guangdong Personnel Bureau (Guangdong Foreign Experts Bureau)

C. Entrusted Authority: Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau)

D. Application Conditions:

The foreign experts to work in China should be issued with the "Work Permit of Foreign Experts to Work in China".  The foreigners without the "Work Permit of Foreign Experts to Work in China" should not be employed with the identity of foreign experts.  The foreign experts to apply to work in China should observe the Chinese regulations and rules, be healthy, have no criminal record, and conform to the conditions as follows:

(A) The foreign special technical or management people who are hired to work in China in line with the governmental, international organization agreements, pacts and Sino-foreign trade contracts.

(B) The foreign special people who are hired to work in the fields of education, scientific research, press, publication, cultures, art, public health, sports, etc. of China.

(C) The foreign senior special technical or management people who are hired to work at the companies in China at the posts of vice general manager and above, or with the similar treatment, etc.

(D) The foreign resident representatives in China of the overseas expert organizations or expert brokerage units approved by the State Administration of Foreign Experts Affairs.

(E) The foreign special technical or management people who have outstanding specialty and are hired urgently to work in the field of economy, technology, engineering, trade, finance, accounting, taxation, tourism, etc. of China

As for Item (B) and (C) of this article, the foreign experts should have the academic degree above university bachelor and relevant work experiences more than 5 years (and the language teachers should have the academic degree above university bachelor and relevant work experiences more than 2 years, or with the certificate of language teacher qualification).  As for Item (C), the "foreign senior special technical or management people with the similar treatment" should present the relevant certificate of the hiring units.

E. Application Materials:

(A) The officially sealed "Application Form for Work Permit of Foreign Experts to Work in China", which can be downloaded from www.gzfeb.cn or http://guangzhou.caiep.org.

(B) Resume (incl. schooling record and work experiences).

(C) Certificate copies of highest schooling record or special qualification.

(D) Health certificate of the foreign medical units notarized by the Chinese embassies and consulates overseas, or the quarantine units appointed by the Chinese government.

(E) Hiring agreement of contract.

The foreign experts in line with Item (A) of Article D Application Conditions should present the copies of relevant project agreement or approval documents.

The foreign experts in line with Item (B) of Article D should present the copies of the qualification certificate of the hiring unit, or the serial number of the certificate and the contract signed with the hiring unit.

The foreign experts in line with Item (C) of Article D should present the copies of the appointment letter or hiring contract, and the business license of the company.

The foreign experts in line with Item (D) of Article D should present the copies of the approval letter of the resident representative unit at China and the appointment letter of the foreign representative or other legal appointment documents.

The foreign experts in line with Item (E) of Article D should present the copies of the hiring agreement or contract.

F. Procedures and Duration:

(A). Application

The institutes under Guangdong and the central government to hire foreign experts should directly submit the application to Guangdong Personnel Bureau (Guangdong Foreign Experts Bureau).

Other institutes at Guangzhou to hire foreign experts should submit the application to Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau).

(B). Acceptance

1. The application with complete materials in line with the official regulations is accepted.

2. Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau) allows the applicants to correct the mistakes of their application materials on the spot.  As for the ones who have no complete application materials or not in line with the official regulations, the "Notice of Correcting Application Materials" should be provided on the spot or in 5 days, with all of the correction information to be told once completely to the applicants.  Otherwise, the date of receiving the application materials should be regarded as acceptance.

3. Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau) provides the "Acceptance Notice" or "Refusal Notice" for the applications that are accepted or refused.  The reasons should be clarified on the refused applications.

(C) Check

Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau) checks firstly the accepted application materials based on relevant regulations and make the decision in 5 days.  And, 5 days more can be applied on the special cases, with the approval of the responsible people of Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau), and the "Prolonged Duration Notice" with the reasons to be told to the applicants.

The refusal decision is made for the items as follows:

1. The application materials are not complete or not in line with the regulations, which are not corrected in 10 work days after the notice is made.

2. The application materials are not true by the check.

3. The applicants are not in line with the conditions of foreign experts.

4. Other issues that the laws and regulations do not permit or Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau) thinks that it is not appropriate to issue the applicants the "Work Permit of Foreign Experts to Work in China".

Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau) should provide the "Notice of Decision Issuance" for the administrative permit granting or refusal.  The reasons for the refusal decision of the administrative permit should be clarified accordingly.  The "Work Permit of Foreign Experts to Work in China" should be issued to the qualified ones, which is officially printed by the State Administration of Foreign Experts Affairs, officially sealed by Guangdong Personnel Bureau (Guangdong Foreign Experts Bureau), and officially signed by the authorized persons of Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau).

(D) Application for Job Visa (Z)

The hiring institutes should apply for the "Visa Notice of Authorized Institute" from Guangzhou Foreign Affairs Office by filling in the "Examination and Approval Form of Border Entry of Foreigners"(that can be downloaded from www.gzfeb.cn or http://guangzhou.caiep.org), with the original and duplicated copies of the "Work Permit of Foreign Experts to Work in China" (returned after being checked), and the copies of valid passport, etc.  The foreign experts to work at Guangzhou should apply for the Job Visa (z) at the Chinese embassies and consulates overseas with the original copy of "Work Permit of Foreign Experts to Work in China", the "Visa Notice of Authorized Institute" issued by Guangzhou Foreign Affairs Office and the valid passport.  After issuing the Job Visa (z) to the foreign experts, the Chinese embassies and consulates overseas should keep the original copy of the "Work Permit of Foreign Experts to Work in China".

(E) Application for "Foreign Expert Certificate"

1. In 15 days after the foreign experts with the Job Visa (z) enter the border, the hiring institute should apply for the "Foreign Expert Certificate" at Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau) with the "Counterfoil of Applicant for Work Permit of Foreign Experts to Work in China" or the copy of the "Work Permit of Foreign Experts to Work in China", the original and duplicated copies of the passport, and the 2 current large 1'' colorful photos of the expert.

2. As for the economic and technological foreign experts who have been working at China and need to transfer the job for various reasons or do not get the "Work Permit of Foreign Experts to Work in China" for some special reasons before arrive at China, in 15 days after the foreign experts transfer the job or enter the border, the hiring institute should apply for the "Foreign Expert Certificate" at Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau) with the materials as follows:

(1) As for those who have got the Job Visa (z) before entering the border, or got the residence permit after entering the border:

① Submit the "Application Form of Foreign Expert Certificate" (that can be downloaded from www.gzfeb.cn or http://guangzhou.caiep.org).

③ Submit 2 current large 1'' colorful photos of the expert.

④ Submit the business license of the hiring institute or the copies of the code certificate of the legal person institute.

(2) As for those who have not got the Job Visa (z) or residence permit

① Submit the "Application Form of Foreign Expert Certificate" (that can be downloaded from www.gzfeb.cn or http://guangzhou.caiep.org).

② Submit the original passport and visa for check, and then the copies of them.

③ Submit the health certificate of the foreign medical units notarized by the Chinese embassies and consulates overseas, or the quarantine units appointed by the Chinese government.

④ Submit the copies of hiring agreement (contract) or appointment letter.

⑤ Submit the certificate copies of highest schooling record or special qualification.

⑥ Submit the business license of the hiring institute or the copies of the code certificate of the legal person institute.

⑦ Submit 2 current large 1'' colorful photos.

Note:

1.  All of the materials mentioned above are needed only 1 set for one kind, with the Chinese translation of the original ones in foreign languages.

2. As for those with the family members, they should submit their original passports and visas for check, with the copies of them and 2 small 1'' photos per person.

3. The copies and translation copies of the passport, residence permit, visa, schooling certificate, and specialty qualification certificate should all be sealed by the hiring institutes.

4. The applicants should not submit the hiring contract or appointment letter if they are the legal person or director, but the company constitution and stockholder materials are needed.

5. The special sectors should submit the copies of the relevant business license or other materials (such as the accountant, lawyer, etc.).

Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau) checks firstly the application materials in line with the relevant regulations, with the decision to be made in 3 work days.  The "Foreign Expert Certificate" is issued to the qualified ones.

The duration of the "Foreign Expert Certificate" is the same to the one of the hiring contract, being not longer than 5 years.  The prolongation can be applied for, after the expiration, with the official letter of the hiring institutes, copies of the hiring contract (appointment letter) and the "Foreign Expert Certificate".

The "Foreign Expert Certificate" should be returned back after the experts transfer the work units.  The new hiring institute should apply for "Foreign Expert Certificate" again.

Before the expert exits the border for job demission, the hiring institute should get back the "Foreign Expert Certificate", or make the cancellation mark on it.

G. Other Issues:

(A) After the foreign experts working at Guangzhou have got the "Foreign Expert Certificate", they should apply for the foreigner residence permit at the border entrance and exit administrative department of Guangzhou Public Security Bureau.

(B) Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau) is responsible for filling in the statistics list of the "Work Permit of Foreign Experts to Work in China" and "Foreign Expert Certificate" of Guangzhou, and reports it to Guangdong Personnel Bureau (Guangdong Foreign Experts Bureau), copying to the border entrance and exit administrative department of Guangzhou Public Security Bureau, before 5 July of the current year and 5 January of the next year.

H. Venue for Submitting Application Materials:

(A) "Work Permit of Foreign Experts to Work in China" and "Foreign Expert Certificate"

1. Foreign Experts Service Department of Guangzhou Overseas Chinese Student Service and Administration Center.  Add: Floor 7, Beixiudasha, No. 266 Xiaobeilu.  Tel: 83568037.

2. International Business Department of China South Job Market.  Add: Room 318, Floor 3, Guangrendasha, Guangrenlu.  Tel: 83374155.

(B) "Visa Notice of Authorized Institute": Passport Visa Department, Guangzhou Foreign Affairs Office, Add: Room 502, Floor 5, Guangrendasha, Guangrenlu.  Tel: 83172462

(C) "Foreigner Residence Permit": Border Entrance and Exit Administrative Department, Guangzhou Public Security Bureau, Add: Floor 6, No. 155 Jiefangnanlu.

This guide is interpreted by Guangzhou Personnel Bureau (Guangzhou Foreign Experts Bureau).

(translated by Guangzhou Association of Foreign Affairs Translators)

(English.gz.gov.cn, October 17, 2006)

The Rules for the Administration of Employment of Foreigners in China

 

Here you can find out The Rules for the Administration of Employment of Foreigners in China, and the procedures for applying for the Foreign Experts Certificate, the Alien Employment License and the Alien Employment Permit for foreigners in Guangzhou.

The graphs below show detailed procedure for foreign talents in different categories to apply for the work visa in Guangzhou under the new policy:

Tips：

Issuing Authority: Guangzhou Foreign Experts Bureau
If you have any doubts about the "Foreign Experts Working Permit", to contact the above bureau as follow:

Tel: 83126037, 83126038
Address: Rm.401/402, 4th Building West, 1 Fuqian Rd., Guangzhou
PC 510032
Website: www.gzfeb.cn

Guangzhou Corporate Formation, Company Registration, Business Set Up Services In Guangzhou

 

Guangzhou is the capital of Guangdong Province, a national historical and cultural city, a National Central City, an international business center and an integrated transport hub. As the south gate of China, it is located in the geometric center of Asian-Pacific area, adjacent to the South China Sea, Hong Kong and Macao. With a total area of 7,434 km2, it has a population of over 16 million. For more than 2,000 years, Guangzhou, known as the Millennial Commerce Capital, has always been China's important trading port and the origin of ancient Maritime Silk Road.

 

To facilitate people who want to invest and set up business in Guangzhou, here is an introduction of Types of business presence in China: 

 

Before starting up a business in China, you have to know what are the options. Foreign Investors generally establish a business presence in China in one of five modes: Wholly Foreign Owned Enterprise(WFOE); Representative Office; Foreign Invested Partnership Enterprises (FIPE); Joint Venture and Hong Kong Holding Company.

 

Company Name of Guangzhou Company
The name of Guangzhou Company should be in the form of Administrative division (Guangzhou) + Trade Name + Sector Expression +Limited. Each enterprise shall use only one name and not be the same with or similar to the registered name in the same industry. If the word “China” is within the company name, it is required to be pre-approved by AIC at national level in Beijing.
 

Business Scope
Business scope is one of the most important issues in FIE registration application, divided into the licensed business item and the general business item. Licensed business item means a pre-approval is needed before business license application. Guangzhou Foreign Invested Enterprise can only conduct business within its approved business scope, which ultimately appears on the business license. There is some connection between business scope and register capital. Generally speaking, larger register capital, more business items can be approved.


Shareholder, Director and Manager, Legal Representative, Supervisor
1. Shareholder must be Chinese natural person or legal entity.
2. Director and Manager can be the same person, acted by shareholder, non-shareholder.
3. Legal representative is a person in charge of corporate operation, management and development, responsible for all the legal affairs arising from the running of the business, acted by director, manager, shareholder or non-shareholder.
4. Supervisor shall not serve concurrently as legal representative and senior management, acted by shareholder, non-shareholder. Supervisor’s duty is that check the company’s financial condition; supervise executives’ behavior of performing his duties, propose suggestions on dismissing any director or senior manager whose behavior is contrary to laws and regulations.


Documents Required
Company Name of Guangzhou Company;
Determine shareholder, business scope;
Determine register capital, shares allocation proportion;
Office address in China, 2x original leasing contracts, 2x copies of house property certificate;
with company stamp or signature of lesser and 2x landlord identification documents;
ID Copy of Shareholder, Director, Legal Representative, Supervisor.

 

Working Time Needed
(1) Manufacturing enterprise: 20-40 working days (the time of approval papers application from the fire & environmental protection bureaus is not included);
(2) Trading& Service enterprise: 10-15working days.
Guangzhou Company Registration Service
Guangzhou Company Business License;
Having a corporate seal engraved by the public security authorities;
Seal Carving Registration card;
Organization Code Certificate;
Digital Certificate of Organization Code Certificate;
National Tax and Local Tax Certificates;
Assist bank opening, but not including the bank charges;
Three stamps (company stamp, financial stamp and personal stamp of legal representative).


General Tax Information
All enterprises are required to report to the Tax Administration Department monthly, quarterly and annually. TCBC provides accounting services for our clients; you are welcome to contact us for more information.


Annual Audit Report
Any limited companies in China should summit annual audit report to the relevant authorities. Any company will be subject be to a fine if the Annual Audit Report is not submitted in a timely manner.
 

 

Contact Tom Lee for business set up in Guangzhou now.

 

The complete guideline to set up business WFOE company registration in Guangzhou

 

Guangzhou is the capital of Guangdong Province, a national historical and cultural city, a National Central City, an international business center and an integrated transport hub. As the south gate of China, it is located in the geometric center of Asian-Pacific area, adjacent to the South China Sea, Hong Kong and Macao. With a total area of 7,434 km2, it has a population of over 16 million. For more than 2,000 years, Guangzhou, known as the Millennial Commerce Capital, has always been China's important trading port and the origin of ancient Maritime Silk Road.

 

 

Definition of WFOE

The Wholly Foreign Owned Enterprise (WFOE) is a limited liability company wholly owned by the foreign investor(s).The foreign investor(s) can be a nature person or a legal entity. Investor(s) from Hong Kong, Macau, Taiwan is also defined as the foreign investor(s).

 

Company Name

Company name of     WFOE consists of four parts which are administrative division, name, Industry expression and limited. Your company name must be unique in the same industry and administrative division .Company name is related to register capital and business scope. For some sectors such as education, logistics, medicine and food industries, a special pre-approved license is needed. Only with 10 million, the word Guangdong can be registered. If the word “China” is within the company name, it is required to be pre-approved by SAIC (State Administration for Industry and Commerce).

 

Company Business Scope

One of the most important issues in WFOE application is business scope. Business scope needs to be defined and the WFOE can only conduct business within its approved business scope, which ultimately appears on the business license. Any amendments to the business scope require further application and approval.

 

Registered Capital and Paid-Up Capital

Registered capital is the amount that it’s required to run the business until it can break even - the 'minimum registered capital' is a guideline only. The amount of registered capital needed depends on factors like industry, scope of business and location. Generally speaking, for manufacturing and trading enterprise, the registered capital is required RMB 1 million or above. For service enterprises, such as consultancy, technology, market research and development, the registered capital is usually required RMB 500, 000 or above. Once the business license is issued, 15% of the registered capital should be paid up during 3 months, with the balance being remitted within 2 years. All of the registered capital can be paid in one time or several times, fewer times, fewer capital verification fees are needed.

 

 

Shareholder, Legal Representative, Supervisor, Director and Manager

1.      A shareholder could be a nature person (foreign individual) or a legal entity (foreign company)

2.      The legal representative represents the interests of the enterprise as a legal person，exercises legal right in accordance with the will of the enterprise. An enterprise as a legal person endows the legal representative with authority, assumes civil liability for the normal activities of legal representative.

 

 

3.      Supervisor’s duty is that check the company’s financial condition; supervise executives’ behavior of performing his duties, propose suggestions on dismissing any director or senior manager whose behavior is contrary to laws and regulations, articles of incorporation or     shareholder meeting resolution, etc.

4、Directors, the manager and financial officers shall not serve concurrently as supervisors，while the director, the manager and legal representative could be the same person.

 

 

Documents Required

1、3x original Certificate of Incorporations, Articles of Incorporation or Equivalent document notarized by local lawyer and endorsed by Chinese embassy or consulate. For individual investor: 2x original Passport copies of Investors need be notarized by local lawyer and endorsed by Chinese embassy or consulate.

2、2x original Bank Reference Letters from investor’s bank (declare a good standing)

3、The latest annual audit report copy from the parent company provided by a Certified Public Accountant (CPA) (For the parent company established over one year)

4、Office address in China, 2x original leasing contracts, 2x copies of of house property certificate with company stamp or signature of lesser and 2x landlord identification documents  (The lessee should be acted by legal representative or investor. The area is required no less than 30 ㎡ and for commercial use only with more than one year’s rent and the lease contract should be endorsed by local Housing Management Authority)

5、Passport copy or ID card of: (i) Parent company's director (ii) Guangzhou Company's Legal Representative (iii) Guangzhou Company's supervisor (iv) Guangzhou Company's director and (v) Guangzhou Company's manager

6、Guangzhou Company's Legal Representative provides: 6 photos (2 inches size),

7、Registered capital; Business Scope; 6 proposed Chinese names of Guangzhou Company

 

 

Government Processing Procedure

1、Name registration with Guangzhou Administrative Bureau of Industry and Commerce

2、Approval application from the Fire and Environment Bureau for manufacturing industry

3、Pre-approval for some special industries

4、Certificate of Approval issued by Bureau of Foreign Trade and Economic Cooperation of Guangzhou Municipality

5、Business License issued by Guangzhou Administrative Bureau of Industry and Commerce (GZABIC).

6、Apply for stamps with the Public Security Bureau

7、Organization Code License issued by Quality and Technical Supervision Bureau

8、Tax Certificates issued by National & Local Tax Bureau

9、Foreign Exchange Registration Card issued by State Administration of Foreign Exchange (SAFE)

 10、Apply for the permits for the bank account opening，open foreign currency and RMB account

 11、Financial Registration Certificate issued by Finance Bureau

 

 

Processing Time for WFOE

1、Manufacturing enterprise: 50-70 working days (the time of approval papers application from the fire & environmental protection bureaus is not included)

2、Trading and service enterprise: 50-80 working days

 

Service, Fee and Terms of Payment
1、TCBC package services for WFOE formation include:
Company name check and confirmation；Document preparation for application purposes, such as a feasibility study report, M&A, etc.；Certificate of Approval；Business License；Having a corporate seal engraved by the public security authorities; Organization Code Certificate ；Digital Certificate of Organization Code Certificate；National Tax Certificate；Local Tax Certificate；Foreign Exchange Registration Certificate；Assist bank opening, but not including the bank charges；Permit of bank account opening；Finance Registration Certificate；Company stamp, financial stamp and personal stamp of legal representative. All the certificates above include original one and duplicate one.

2: Terms of payment: applicant can pay by cash, check or T/T to TCBC’s bank account before the service begins.

 

General Tax Information

All enterprises are required to report to the Tax Administration Department monthly, quarterly and annually. TCBC provides accounting services for our clients; you are welcome to contact us for more information.

 

Annual Audit report  

Any limited companies in China should summit annual audit report to the relevant authorities. Any company will be subject be to a fine if the Annual Audit Report is not submitted in a timely manner.

 

Follow-Up Service of WFOE

1、Apply Capital Verification Report with Certified Public Accountant (CPA) (after Inject capital from investor’s overseas bank account).

2、Business license alteration

3、Import and export license application

4、General tax payer application

TCBC provides a series of business follow-up services such as, monthly bookkeeping and tax return, internal auditing, financial planning and tax layout, and China policy & market study. Other services include domain name registration, webpage design, website promotion, China trademark registration, Work Permit, Residence Permit, etc.

 

 

Contact Tom Lee to set up business in Guangzhou 

Guangzhou to develop rail transit into pillar industry

 Southern China's Guangzhou has issued a three-year plan to develop its rail transit industry, vowing to expand its scale to 120 billion yuan (17.8 billion U.S. dollars) by 2021, and realize an output value of 180 billion yuan by 2023.

The city's development and reform commission said Tuesday that the rail transit industry, due to its capital and technology-intensive features, and huge market potential, has become one of the city's priorities.

According to the plan, the city government will promote its major equipment manufacturing capacity, develop standard vehicles with independent intellectual property rights, and build an industrial park and maintenance and manufacturing bases.

A world-class inter-city rail transit network will also be developed in the Guangdong-Hong Kong-Macao Greater Bay Area, said Ding Jianlong, president of Guangzhou Metro Group.