Non-Criminal Record Certificate Required for Beijing Employment License Applications

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Aug. 21 – With the aim to strictly enforce the rules and regulations related to the examination and approval of employment licenses, foreigners who wish to work in Beijing are required to submit a non-criminal record certificate issued by their place of residence for the application of an employment license and expert work permit starting from July 1, 2013.

According to the Beijing Human Resource and Social Security Bureau (hereinafter referred to as the ‘Bureau’), the new rule also applies to foreign employees transferring to Beijing from other locations in China. The non-criminal record certificate submitted to the Bureau shall be one of the following:

  • A non-criminal record certificate issued by the public security authorities or judicial authorities in the applicant’s place of residence (with a translation provided by a professional translation company in Beijing); or
  • A non-criminal record authenticated by a Chinese Consulate.

However, the new rule does not apply to applicants holding Hong Kong, Taiwan, or Macao passports, and submission of the non-criminal record certificate is only required in applications for employment licenses and expert work permits. For other situations such as renewing or amending work permits, or changing employers within Beijing with a valid visa, such certificates are not required.

As the time taken for issuing a non-criminal record certificate varies largely from country to country (from weeks to months), the new requirement will add to the time needed to prepare for the employment license application in Beijing. Therefore, foreign employers are advised to plan ahead and try to obtain such certificates prior to beginning the application process. However, there have been instances where the validity of non-criminal record certificates only lasts for two months from the date of issuance, so foreign employers should contact their agent ahead of time for detailed information to make sure their application and all supporting materials are submitted within the required time-frame.

Beijing is not the first city in the country to implement such requirements, and other cities such as Suzhou and Nanjing already have similar rules in place. However, as the country’s newest Exit-Entry Law does not explicitly require local governments to implement such requirements, it is not clear whether other large cities such as Shanghai, Shenzhen and Guangzhou will follow Beijing’s lead and require the submission of such certificates.

Dezan Shira & Associates is a specialist foreign direct investment practice, providing corporate establishment, business advisory, tax advisory and compliance, accounting, payroll, due diligence and financial review services to multinationals investing in emerging Asia.

For further details or to contact the firm, please email china@dezshira.com, visit www.dezshira.com, or download the company brochure.

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5 thoughts on “Non-Criminal Record Certificate Required for Beijing Employment License Applications

    Aussie Tim says:

    Chris,

    You say that a 老外 can submit a non-criminal certificate from either (a) public security authorities or judicial authorities, or (b) a Chinese Consulate.

    What precisely is this “type (b)” document? I assume a Chinese Consulate must authenticate some document–what is it, if not a “type (a)” document?

    @Aussie Tim: There is no detailed information on this. If the non-criminal certificate is not issued by a public security authority or a judicial authority, it needs to be authenticated by a Chinese Consulate. However, the Beijing human resource and social security bureau hasn’t provided any details on what kind of documents are required for such authentication. Foreign employees should contact their local Chinese Consulate for detailed information and advice. – Chris

    Aussie Mel says:

    Got the same problem and cranky advice last time i stopped here asking. I went with a company at chinavalid.com and they dealy with my issues properly without me going home.

    and guess what?? Their contracts were in english and chinese. Phewww. Finally. A normal company!

    So stop worrying about all these criminal checks. it’s simpler than i first thought.

    Good to here Aussie Mel. Sometimes these things are introduced and everyone follows the guidelines for a bit then after a while the situation eases up again. China has a lot of rules and regulations in place, the real issue is how much they choose to enforce them. – Chris

    kevin says:

    hi
    i am residing in china and i need non criminal record certificate to provide to the company to apply for employment license for me. can i provide the non criminal certificate issued by Chinese police department or i necessarily need to go back my home country and get the certificate from there?

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