Guangzhou Implements Annual Inspection of Work Permits

From 1 January 2015, Guangzhou has implemented, through its Labor Bureau, the requirement to inspect work permits with a duration of more than one year. The annual inspection is required before foreign nationals can renew their residence permits in Guangzhou.

 

Article 27 of the Rules for the Administration of Employment of Foreigners in China places the responsibility to complete the annual inspection on employers of work permit holders. While the Rules are national in scope, the implementation of the inspection requirement varies across Labor Bureaus throughout China. While it was implemented in Guangzhou only quite recently (as mentioned, from 1 January), cities like Shanghai have been requiring annual inspections for several years now. On the other hand, cities like Beijing have yet to require these inspections.

 

In order to meet the requirement, Guangzhou employers must ensure to submit the inspection applications for their work permit holders with the Labor Bureau within 30 days of the due date each year. For instance, a work permit issued on 1 March 2015 and valid until 1 March 2018 will need to undergo the annual inspection process from 1 February 2016 (within 30 days of 1 March 2016) and from 1 February 2017 (within 30 days of 1 March 2017). Inspection will no longer be required in 2018 if the assignment is ending, upon which the foreign national’s work permit and residence permit will be cancelled following the usual process.

 

The inspection application, which usually takes one to two days, does not require the presentation of the employee’s passport. Thus, applicants remain free to travel during the inspection process. Annual inspections apply to the work permit holder only, and not their dependents. There is also no requirement for the employee or employer to appear in person before the Bureau.

 

Please contact Fragomen Shanghai at [email protected] for assistance with your annual inspection needs.