• Q&A AT ROUND-TABLE CONFERENCE

 

    With regard to foreign employees' application for work permit, it is time-consuming as the application will be preliminarily reviewed at the district level before submitting to Shanghai Municipal Human Resources and Social Security Bureau, except that Pudong New Area enjoys the final review authority itself.

    Currently, the right for review and approval has been decentralized to some districts. Next step, we'll try to decentralize this right to more districts as per relevant regulations in consideration of each district's organization structure, personnel allocation, business demands and other factors.

    Publish Date:2019-11-01
    The foreigner who changes employer in China needs to apply for a new employment permit certificate. Is the application time extended?

    So far, it is unnecessary for foreigner who changes employer in China to submit such key documents as no criminal record and certification, so the application time is not extended.

    Publish Date:2019-11-01
    Policies on individual income tax of foreigners. According to the current tax law, foreigners who satisfy the conditions for residents are allowed to enjoy subsidy and tax exemption policies, i.e. enjoying the children education, housing subsidies and other subsidy policies. However, foreign individuals will no longer enjoy these policies and will only be taxed on a two-way deduction basis after the new individual income tax law is enacted since 2022. Since then, enterprises will bear heavier tax burden.

    In practice, for foreign individuals, it is more favorable to enjoy tax-free preferential policies such as housing subsidies, language training fees and children education fees than special additional deductions. The tax department will actively track the implementation of the new policy, understand non-resident taxpayer's appeals, and promptly report the appeals of enterprises to the State Taxation Administration. The State Taxation Administration is suggested to consider these appeals and demands in policy research and formulation.

    Publish Date:2019-11-01
    It is time-consuming to apply for residence permit.

    The Bureau of Exit-Entry Administration of Shanghai Municipal Public Security Bureau has vigorously promoted "Internet + Government Affairs Services" mode. In 2018, the bureau launched a new initiative for foreign talents featuring "online application and one-hour permit issuance". Five specific categories of foreign talents and their families can apply for work-related residence permits through the online government affairs service platform. After online examination and approval, they can go to special window of the bureau after 3 working days. Then, they can get the permit within 1 hour.

    Publish Date:2019-11-01
    Work overtime. The company was ordered to rectify as its employees work overtime for over 36 times a month. As a result, the company must increase employees' wage or outsource the work to cope with labor shortage. Hope that the government could manage flexibly in this regard considering the actual conditions.

    To protect workers' rights to work and rest, the Labor Law stipulates that workers shall not work overtime for over 36 hours per month, or the company involved will be subject to penalties. However, in addition to standard working hours, comprehensive working hour calculation and irregular working hour calculation can also be used for calculating the workers' working hour. Manufacturing enterprises with strong periodicity and seasonality can apply for using comprehensive working hour calculation method, i.e. comprehensively calculating the monthly overtime working hours for half or one year. Next step, the human resource and social security department of the district where enterprises locate in will provide guidance considering the enterprises' actual conditions.

    Publish Date:2019-11-01
    Hope we can apply more residence settlement quota for employees with their residence registered in other places.

    There is no quota for talents introduced to Shanghai locally or globally. For talent introduction, Shanghai implements the "condition-based policy". In other words, qualified talents can apply for residence permit points, transformation from temporary residence to permanent residence, or direct settlement. With regard to introduction of talents at home and abroad, the talent introduction standards applied by Shanghai highlight the market-oriented and diversified evaluation system featuring "market-based evaluation and inspection". For few special talents who fail to satisfy such standards but make important contributions to the regional economic and social development, Shanghai also sets up the talent introduction mechanism featuring "peer expert evaluation, recommendation by regional or industry competent departments, and collective evaluation by industry and comprehensive departments" to leverage support for introduction of special talents to the largest extent.

    Publish Date:2019-11-01
    In EU countries, it is a compulsive requirement for foreign college students to have their internship in enterprises. EU enterprises in Shanghai have also assumed corresponding responsibilities. Is it possible for foreign students to apply for internship visa in China?

    Foreign students studying in overseas universities who are invited by enterprises and public institutions in Shanghai for internship can apply to the Visa Division of Shanghai Municipal Office for Port Services for a short-term "internship" visa for private affairs and start their internship in China. Those who enter China with other types of visas for internship activities may also apply for changing such visa to "internship" visa for private affairs.

    Publish Date:2019-11-01
    Foreigners must go to the police station with jurisdiction for residence registration within 24 hours after each entry. It is suggested to simplify such formalities for foreigners permanently residing in China.

    For resident foreigners holding residence permits issued by Shanghai, it is unnecessary to re-apply for residence registration if their valid documents and residential address are not changed within the validity of the residence permit.

    Publish Date:2019-11-01
    It is difficult for the enterprise's middle talents and employees to obtain registered permanent residence in Shanghai. The government is expected to enact corresponding policies.

    Core business backbones and young talents introduced by enterprises certified by Shanghai Municipal Commission of Commerce as the headquarters and foreign R&D center of transnational enterprises may apply for registered permanent residence in Shanghai provided that they have obtained the bachelor degree or above and over 2 years of work experience in relevant field.

    Publish Date:2019-11-01
    Can non-public medical institutions simplify the processes for recruiting and approving auxiliary foreign medical personnel?

    Some processes have been simplified now. For example, foreign doctors renewing work permit may submit corresponding renewal certification or doctor's employment certificate instead of certificate or insurance qualification presented by foreign associations.

    Publish Date:2019-11-01
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