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IMPACT – MEDIUM
What is the change? Government and quasi-governmental employees in Beijing will be given a six-day furlough to reduce the number of cars on the road during the Asia-Pacific Economic Cooperation summit.
What does the change mean? All government offices, including the Beijing Labor Bureau, Exit-Entry Bureau, Public Security Bureau and Foreign Affairs Office, will be closed Nov. 7 – 12 and will open instead on Sunday, Nov. 2 and Saturday, Nov. 15.
Background: Beijing will host a series of APEC meetings Nov. 4 -11. To reduce traffic and smog, officials in the Chinese capital have instituted alternating odd-even license plate driving days and will increase public transportation.
BAL Analysis: Companies are urged to file as soon as possible and to plan for delays during the suspension in services.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Chinese government offices will be closed Oct. 1-7 in observance of National Day.
What does the change mean? The closures will halt work permit processing for one week.
Background: Chinese National Day is celebrated for one week, including weekends, beginning Oct. 1. Hong Kong will observe two days of holidays, Oct. 1 for National Day and Oct. 2 for the Chung Yeung Festival.
BAL Analysis: Clients should plan ahead and submit time-sensitive filings as early as possible before the holiday break. Note that the Sunday before the holiday period, Sept. 28, and the Saturday following the holiday period, Oct. 11, are official working days.
IMPACT – LOW
What is the change? China has implemented polio inspections for travelers from nine countries.
What does the change mean? Travelers entering China from any of the specified countries, regardless of nationality, may be subject to on-the-spot checks for polio.
Background: The entry/exit quarantine bureaus in Beijing, Guangzhou and Shanghai have confirmed that they have implemented the policy issued Aug. 1 by the Administration of Inspection and Quarantine. The policy is being applied to all travelers from the nine countries, not only citizens of those countries. While the bureaus are not making it mandatory for these travelers to obtain an official polio vaccination certificate, travelers carrying such a certificate can likely avoid on-the-spot inspections upon arrival. Travelers suspected of having polio will be taken to the hospital for further examination.
BAL Analysis: Assignees traveling from the nine countries to China should obtain a polio vaccination certificate before traveling or at least be aware that they may be tested for polio upon landing in China.
What is the change? The Public Security Bureau in Xi’an has established a subsidiary that will process visa applications for companies in the high-tech industry.
What does the change mean? Starting July 1, foreign nationals working in legal entities registered at the high-tech industry district in Xi’an must submit all applications for visa and residence permits to the subsidiary office.
Background: Under the new No. 2 Administration Department of the Public Security Bureau in Xi’an, the processing times will be as follows:
All visas will be processed in three working days instead of the current seven days. Residence permits will be processed in five working days instead of 15 working days. Applicants may request expedited two-day processing for urgent business situations.
BAL Analysis: The creation of this new office is meant to streamline the visa process for high-tech sector workers.
What is the change? The Xi’an Labor Bureau now requires that work permit applicants appear for an interview when they file their applications.
What does the change mean? Applicants must be interviewed twice after entering Xi’an – once for their work permit application and again for their resident permit application.
Background: The Xi’an Labor Bureau has imposed the new requirement without notice and effective immediately. The Labor Bureau has not indicated any particular questions it will ask of an applicant, but will expect his or her personal appearance.
BAL Analysis: Companies and their assignees must make additional efforts to arrange this new personal filing appointment to avoid delay in the process.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact your BAL attorney.
What is the change? Police in Shanghai have begun strictly enforcing foreign registration.
What does the change mean? Police are conducting random checks at residential compounds to determine whether foreign nationals living in Shanghai have registered their street addresses with local police as required.
Background: China’s Exit and Entry Law went into effect on July 1, 2013, and requires all foreigners to register with local police within 24 hours of their arrival. Hotels are required to provide this information to the police, but foreign nationals not living in hotels must do so on their own. Foreigners must register upon arrival, when they move or when their passport changes. A foreigner who fails to register can be fined up to RMB 5,000. Police in Shanghai have been strictly enforcing the law, conducting random checks at residential compounds. However, each police station can impose fines at their discretion. Some police stations give foreigners up to 72 hours to register.
BAL Analysis: Employees should be aware of the increased enforcement of this rule. They should make sure to register within 24 hours of arrival. Those living in hotels and apartments should contact management hotel reception and apartment management to make sure they are registered.
This alert has been provided by the BAL Global Practice group and our network provider located in China. For additional information, please contact your BAL attorney.
What is the change? The Qingdao Labor Bureau now requires that educational degrees be legalized in the applicant’s home country.
What does the change mean? The change will lengthen processing times for initial employment licenses and work permit transfers.
Background: Under the new requirement, foreign employees must legalize their original educational degrees at a Chinese embassy or consulate in their home country. In another change for foreigners in Qingdao, the Public Security Bureau will allow those applying for residence permits to travel domestically while their application is pending. The bureau will still retain the applicant’s passport, but will now issue a receipt with a photo that can be used as identification for travel within China only. The individual will have to show the receipt to get their passport back when the residence permit is ready.
BAL Analysis: Employers and assignees should plan extra time to complete the legalization process.
IMPACT – Medium
What are the changes? After a highly-publicized case of a foreign teacher accused of sexually assaulting students, Hangzhou has become the second city to require foreign applicants to submit a Non-Criminal Certificate for work permits, expert permits and employment licenses.
What does the change mean? The change adds another document-gathering challenge for foreign nationals, and may be a particularly onerous and time-consuming step for those already living in China.
Background: As of Nov. 15, the Hangzhou Labor Department will require foreign nationals to submit a Non-Criminal Certificate for all applications for new and renewal work permits, employment licenses and expert licenses. This includes workers in China who change employers.
The change in policy comes on the heels of a high-profile case in which an American teacher was accused of molesting six children at an elite French school in Shanghai. Outraged parents demanded greater scrutiny of workers’ criminal backgrounds. Hangzhou is the second city to require foreign workers to prove they have a clean criminal history. The Beijing Labor Department was the first to adopt the rule in July.
Applicants must get this document in their home country from their local or federal police department, depending on where they live. The Non-Criminal Certificate must then be legalized by the Chinese consulate that has jurisdiction over the employee’s place of residence.
BAL analysis: The rule in Hangzhou will add another step that employers and workers should calculate into overall processing times. Now that two cities have adopted this additional requirement, which is also under consideration in Shanghai, more cities throughout China will likely follow in the coming year.
This alert has been provided by the BAL Global Practice group and our network partner in China. For additional information, please contact GlobalVisaGroup@bal.com.
IMPACT – High
What are the changes? Effective immediately, foreign students studying at universities outside of China will no longer be issued letters of invitation for internship/training visas; students already holding such visas will not be allowed to extend them.
What does the change mean? The change will have a significant negative impact on internship and training programs for most foreign students in China.
Background: The Ministry of Foreign Affairs announced an official policy to stop issuing Letters of Invitation to most foreign students. Chinese embassies and consulates have already begun rejecting applications for internship and training visas by foreign students studying at universities outside of China. However, foreign students currently studying at a Chinese university may be eligible to participate in an internship or training program, as long as they receive permission through the Public Security Bureau first.
BAL analysis: Applicants who have already received letters of invitation should expect their visas to be rejected.
This alert has been provided by the BAL Global Practice group and our network provider located in China. For additional information, please contact GlobalVisaGroup@bal.com.
IMPACT – Low
What are the changes? China has added the southwest municipality of Chongqing to its list of cities allowing 72-hour visa-free stays for travelers from 45 countries.
What does the change mean? Travelers from any one of 45 approved countries landing at Jiangbei International Airport in Chongqing will get visa-free processing, allowing stays of up to 72 hours.
Background: Chongqing is the fifth city that China has opened to 72-hour visa-free travel. The program was launched on Jan. 1, and now includes Beijing, Shanghai, Guangzhou, Chengdu and Chongqing.
Travelers must be from one of the 45 countries, including the U.S., the U.K., Canada, Brazil, Mexico, Singapore and most EU countries. Travelers must also have purchased plane tickets departing within 72 hours of their arrival for onward travel to a third country or region, and they must hold a visa for the destination country.
BAL analysis: The visa-free transit will ease hassles of getting a visa for travelers from the 45 listed countries who are visiting for short stays within the five areas.