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Article 10 Foreigners may be exempted from the Employment License and may apply directly for the Employment Permit by presenting their Employment Visas and relevant papers after their entry entry when they meet any of the following conditions: (1)foreigners employed in China under agreements or accords entered into by the Chinese government with foreign governments or international organizations for the implementation of Sino-foreign projects of cooperation and exchange; (2)chief representatives and representatives of the permanent offices of foreign enterprises in China.
Chapter III Application and Approval
Article 11 The employer When intending to employ a foreigner,stall fill out the Application Form for the Employment of Foreigners(hereinafter referred to as the"Application Form")and submit it to its competent trade authorities at the same level as the labour administrative authorities together with the following documentations: (1)the curriculum vitae of the foreigner to be employed; (2)the letter of intention for employment job; (3)the report of reasons for employment job; (4)the credentials of the foreigner required for the performance of the career job; (5)the health certificate of the foreigner to be employed; (6)other documents required by regulations. The competent trade authorities shall examine and approve the application in accordance with Arides 6 and 7 of these Rules and relevant laws and decrees.
Article 12 After the approval by the competent trade authorities,the employer shall take the Application Form to the labour administrative authorities of the province,autonomous region or municipality directly under the Central Government or the labour administrative authorities at the prefecture and city level where the said employer is located for examiexamination and clearance.The labour administration authorities described above shall designate a special body(hereinafter referred to as the"Certificate Office") to take up the responsibility of issuing the Employment License.The Certificate Office should take into consideration of the opinions of the competent trade authorities and the demand and supply of labour market,and issue the Employment License to the employer after examination and clearance.
Article 13 Employers at the Central level or those without the competent trade authorities may submit their application directly to the Certificate Office of the labour administrative authorities for the Employment Permit. The examination and approval by the competent trade authorities is not required for foreign-funded enterprises to employ foreigners,and such enterprises may submit their applications directly to the Certificate Office of the labour administrative authorities for the Employment License,bringing with them the contract, articles of association, certificate of approval, business license and the documentation referred to in Article 11of these Rules.
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