The State Administration of Foreign Experts Affairs September 1, 1996

Chapter I General Provisions
Article 1 These Measures are formulated in compliance with the provisions of China's relevant laws, statutes and regulations, with a view to standardizing the administration of foreign experts working for enterprises with foreign investment, to promoting the exchange of economic and technical personnel between China and foreign countries, and the development of enterprises with foreign investment.

Article 2 The enterprises with foreign investment mentioned in these Measures refer to China-foreign equity joint ventures, contractual joint ventures, and solely foreign-invested companies operating in China and having the statuses of Chinese corporate persons, which have been approved by the relevant departments of the Chinese government and are subject to the jurisdiction and protection of China, with a view to meeting the needs of China's economic construction.

Article 3 The foreign experts mentioned in these Measures refer to those foreign professionals, technical personnel and managerial personnel employed in the enterprises with foreign investment engaged in production, operation, and administration as are required by the actual needs.

Article 4 The State Administration of Foreign Experts Affairs is the government-authorized competent authority in charge of foreign experts affairs. The foreign affairs offices of the provinces, autonomous regions and municipalities directly under the Central Government are the respective local administrative departments in charge of foreign experts affairs.

Chapter II Administration of Foreign Experts
Article 5 The State Administration of Foreign Experts Affairs and the foreign affairs office of the provinces, autonomous regions and municipalities directly under the Central Government are the respective competent departments in charge of authenticating the identities of foreign experts working for the enterprises with foreign investment. The authentication of the identities of foreign experts of those enterprises with foreign investment under the direct control of the various ministries and commissions of the State Council, or of the specialty-oriented general corporations, shall be processed by the International Cooperation Departments (or Foreign Affairs Departments) of the State Council, or of the specialty-oriented general corporations; and the formulation of relevant provisions regarding the authentication of the identities of foreign experts shall be undertaken by the respective ministries, commissions or specialty-oriented general corporations.

Article 6 The foreign experts working for enterprises with foreign investment shall engage in the kind of job that is commensurate with their own specialty and skills, and shall meet the following standards:

(1) They must have baccalaureate degrees or above, with a professional tide of "engineer" or have equivalent degrees and professional titles;
(2) They must have working experiences in their respective specialties for 5 years or more, being able to give technical guidance to their Chinese associates and competent to perform their duties;
(3) They must possess the expertise related to a particular specialty or special skills or have other knacks of the trade; and
(4) They must have working experiences in foreign countries or outside the mainland of China in administration-related jobs for 5 years or more, having ranks of departmental managers or the equivalent positions or higher for large, medium-size enterprises with foreign investment or high-tech, new-tech businesses.

Article 7 To authenticate the identities of foreign technical and managerial personnel working for enterprises with foreign investment, the organizations employing foreign experts shall present to the authorities in charge of the authentication of the identities of foreign experts the notice of appointment issued by the employing organization, certificate of physical checkup, notarized testimonials of no criminal record, and all those testimonial materials listed in Article 6 of these Measures.