Guangdong Issues Provisions Regulating the Administration of Foreigners

On March 3, 2011, Guangdong Province issued the Tentative Provisions of Guangdong Province on Foreigner Administration and Services (Government of Guangdong Province No.155), effective May 1, 2011, to regulate the administration of and optimize services for foreigners in Guangdong. The Tentative Provisions provide that the people’s government at or above the county level is to establish an information platform for foreigner administration and services, in order to implement information sharing among various functional departments.

The Tentative Provisions also attempt to solicit public supervision by providing rewards to entities or individuals that report foreigners who are illegally residing, working, or engaging in business activities in China. Further, they prohibit the leasing of housing or provision of free housing to any foreigner who does not have a valid passport or whose visa has expired.

With regard to requirements on the hiring of foreigners, the Tentative Provisions provide that an employer should employ foreigners for positions which have special requirements, for which no appropriate candidate is available in China for the time being, and which does not violate the relevant provisions of the State. They also provide that a catalogue of professions for foreigners working in Guangdong will be issued, dividing professions into those in which the hiring of foreigners are encouraged and those which are restricted. Employers are encouraged to employ high-level foreign talents.

Employers are required to undertake employment registration procedures within 15 days of the employment of a foreigner with the competent local authority for human resources and social security; and undertake employment filing procedures within 15 days of the employer’s renewal of the employment contract or termination of the labor relationship with the foreigner. The employer may be required to provide an economic guarantee for the foreigner it wishes to employ during his or her stay in China.

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