A Guide to Working and Living in China as Business Expatriates(2024 Edition)
Work-related services in China
IX. Work permits
Documents required for foreigners to apply for work permits are as follows:
(I) A completed Application Form for Foreigner's Work Permit.
(II) Supporting documents concerning work qualifications.
(III) Certificates of the highest academic degree (diploma) or relevant approved documents and professional qualification certificates authenticated by apostille (from member countries of the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents), or by Chinese embassies or consulates abroad.
(IV) Certificate of no criminal record.
(V) Physical health examination certificates.
(VI) Job contracts or certificates of employment (including letters of dispatch from multinational companies).
(VII) Applicant's valid passport or other valid international travel documents.
(VIII) Applicant's bareheaded, full-faced photo taken within the last 6 months.
(IX) Relevant supporting documents of accompanying family members.
(X) Other relevant materials as required.
Applications should be submitted online by employers after which they will be processed at the local service centers for foreigners working in China.
X. Social insurance
Foreigners who work in China shall access social security in accordance with the relevant provisions of the Social Insurance Law of the People's Republic of China and the Interim Measures for Social Insurance System Coverage of Foreigners Working within the Territory of China.
Eligibility
(I) Individuals who are legally employed in China and have legally obtained Foreigner's Work Permits, a residence permit for foreigners and a Foreign Permanent Resident ID Card.
(II) Individuals who have signed labor contracts with domestic employers in China and are paid by their employers, or those who have signed contracts with foreign companies and are dispatched to work in China, with their salaries paid by the domestic employers.
(III) Individuals of employment age (males aged 60 or below; females aged 55 or below).
Insurance payments
(I) If individuals who work within the territory of China have just accessed social security, they shall pay the premiums from the month they started to work in China.
(II) The insurance base pay and the share borne by employers for foreign employees shall be the same as that of Chinese employees according to local standards.
Mutual exemption provisions
According to the website of the Ministry of Human Resources and Social Security of the People's Republic of China, China has signed social security agreements with many countries – including Germany, the Republic of Korea, Denmark, Canada, Finland, Switzerland, the Netherlands, France, Spain, Japan, Serbia and Luxembourg. Individuals who hold the nationality of a country that has concluded a social security agreement with China may be exempt from the obligation to pay insurance premiums for specified periods as stipulated in the agreement.
Places for handling social insurance: Government service halls or the service halls of bureaus of human resources and social security in the locality where the applicants work.
Website address of the Ministry of Human Resources and Social Security: http://www.mohrss.gov.cn
XI. Payments of individual income tax
Residents and non-residents
An individual who is domiciled in China, or an individual who is not domiciled in China but has resided in China for an aggregate of 183 days or more within a tax year, shall be regarded as a resident individual. Income received by a resident individual from within China or overseas shall be subject to individual income tax pursuant to the provisions of the Individual Income Tax Law of the People's Republic of China.
An individual who is not domiciled in China and does not reside in China, or an individual who is not domiciled in China but has resided in China for less than an aggregate of 183 days within a tax year, shall be regarded as a non-resident individual. Income received by a non-resident individual from within China shall be subject to individual income tax pursuant to the provisions of the Individual Income Tax Law of the People's Republic of China.
Annual reconciliation of comprehensive income
Foreign nationals – who are tax residents of China and obtain comprehensive incomes from salary and wages, remuneration for personal services, or an author’s remunerations and royalties in a tax year – shall fill in the Annual Individual Income Tax Return for Self-Filing and associated forms within the period from March 1 to June 30 of the following year and do their annual tax reconciliation with the tax authority. Foreign nationals who meet one of the following conditions shall be exempt from the annual reconciliation of individual income tax:
(I) The conditions specified in the tax policy for exemption from the annual reconciliation are met;
(II) The amount of tax withheld matches the amount of the tax payable;
(III) The conditions for refunding are met, but the claim of tax refunds is waived.
If foreign nationals are unsure whether annual reconciliation needs to be done, they can seek guidance regarding relevant policies and assistance from the taxpayer service halls of local tax authorities.
Settlement channels: Local government service halls or tax authorities taxpayer service halls, the Individual Income Tax (个人所得税) app, and the Natural Person Electronic Tax Service platform. Foreign nationals need to visit the local taxpayer service halls to apply for a registration code before the first-time use of the app or the platform. Taxpayers can seek assistance from taxpayer service halls.
Foreign nationals who are non-resident individuals are not required to deal with the annual reconciliation.
Website address of the Natural Person Electronic Tax Service platform: https://etax.chinatax.gov.cn
Enjoying preferential treatment under tax treaties
China has signed agreements on avoidance of double taxation with 114 countries or regions. Foreign nationals who are eligible for tax reductions or exemptions may judge by themselves the conditions for enjoying such treatment. They can choose to enjoy the treatment upon self-filing or through withholding agents, while relevant documentation shall be retained for future inquiries. For details of the agreements, please refer to the tax treaty section on the website of the State Taxation Administration.
Website address of tax treaty section: https://www.chinatax.gov.cn/chinatax/n810341/n810770/common_list_ssty.html