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PDF Editor FAQ

How long does a working visa to China take to process?

The processing of the China Z visa in the US is no longer than any other visa, depending on the consulate, 3–6 days.What takes a great deal longer is the interview process and the legalization of the required documents before the work permit is issued. For example, an ESL job in China a work permit the school in China is issued after they see a FBI background check, college diploma and sometimes a TOEFL (or equivelent) proof of english profeciency. Other documents are sometimes required.Once these documents are notarized at the local level they have to go to the the State Sec of State then to the US State Dept and finally on to the China Embassy for approval. The legalization process typically takes three weeks total. The legalized documents then have to be sent to China for the temporary work permit to be issued.Once the work permit has been issued, the Z visa work permit application can be applied for at the Chinese consulate that serves your state.TL/DR: Plan for 4–6 weeks for everything.Also, let me know if we can be of service.

I have won a case against a Chinese company at the Hong Kong International Arbitration Centre. The company is refusing to pay. What should I do?

Short version:Find a Chinese lawyer helping you seeking recognition and enforcement before the Intermediate People’s Court. No need to hire foreign consel as their added value is limited in an enforcement process.Long version:Enforcement of a Hong Kong award in mainland China is subject to the the Arrangement of the Supreme People’s Court (SPC) on the Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong, which provides for a very similar regime to the New York Convention (1958), but hey, New York Convention itself is not applicable here.In principle, the application for enforcement of a Hong Kong arbitral award against a Chinese party is to be initiated before the Intermediate People’s Court (“IPC”) at the place where the respondent is domiciled or at the place where the property of the respondent is located. Before the case goes to the enforcement chamber, the court (usually the civil chamber) will examine if any ground for non-enforcement ex officio and/or if any ground invoked by the respondent.In practice, the High People’s Court (“HPC”) at the provincial level may designate one or two IPCs to handle the entire province’s foreign-related and/or arbitration-related judicial review cases, creating difficulties for parties to find the competent court. Especially such designations are usually considered as court internal information and may change from time to time.According to Article 6 of the SPC Provisions on Arbitration-Related Judicial Review, when applying for recognition and enforcement of foreign arbitral award, the applicant shall submit the written application with the authentic copy or an authenticated copy of the arbitral award. The written application shall specify the following:(i) If the applicant or the respondent is a natural person, the name, gender, date of birth, nationality, and domicile shall be specified. If the applicant or the respondent is a legal person or other entity, the name, domicile, and the name and title of its legal representative or other representative shall be specified.(ii) The main content of the arbitral award.(iii) The details of the request and reasoning.Three formality requirements in practice are noteworthy from a practitioners’ point of view:(i) Concerning the formalities of the award (and other supporting documents except for item (ii) as mentioned below), though neither the SPC Provisions on Arbitration-Related Judicial Review nor the Arrangement requires notarization and/or legalization, in practice the court may request legalization by PRC embassy/consulate if the court staff considers the documents are evidence formed beyond the territory of the PRC. Such request is legitimate based on Article 11 of the SPC Provisions on Evidence for Civil Cases, according to which evidence formed abroad shall be notarized and legalized, same for evidence formed in Hong Kong (under the special arrangement for attestation between Mainland and Hong Kong);(ii) For a foreign party to appoint any PRC attorney to appear before a Chinese court, the party’s identity documents and the POA have to be notarized and legalized by the PRC embassy/consulate.(iii) It is advised that Chinese translations of documents are to be done through translators recommended or designated by the relevant courts.After the initiation of the enforcement proceeding, the other party may object to the enforcement by invoking Article 7 of the Arrangement.There is a supervising system (the Prior Reporting System) guarantying lower court’s professionalism in handling these cases, as the SPC will have the final say if the lower courts intends to refuse recognition or enforcement of the award.Once the Arbitral Award is recognized, the enforcement proper is subject to the general provisions on enforcement contained in Part III (Articles 224 et seq.) of the PRC Civil Procedure Law (2012), as complemented every now and then by various judicial interpretations and provisions issued by the SPC.(All rights reserved, no reproduction without the Author’s consent)

How do I get a job in China?

Before search jobs in China, you need to to check if you meet the basic requirements for the Chinese work permit:Do you have at least a bachelor's degree (not a DIPLOMA, must a Degree Certificate)?Can you get a non-criminal certificate from your home town?Can you get a letter from one of your ex-employer to prove that you have more than 2 relevant working experience with the work you will do in China?Are you less than 60 years old, and above 18 years old?Do you have a good health condition for work in China?If you meet the requirements from 1–5, then just register your CV online, and then search and sent out your CV.If you want to be hired by the Chinese government, public institutions, universities, colleagues, or schools:You need to search their official websites, then find out whether they will post their recruitment information. For example, the website for the recruitment information of Tsinghua University is: Jobs-Tsinghua UniversityIf you want to be hired by Chinese companies, you can register your CV at www.51job.com and www.zhaopin.comThese two websites are the most popular job-hunting websites in China: most Chinese companies post their recruitment on them. After filling your CV on these websites, you can search for jobs in China, and use the following keywords: “外籍” or “Foreign”;Then there will be a lot of jobs presented on your screen, and you can submit your CV to the employers directly.You can also search and join into some local expats WeChat groups for help.In every big city of China, there are many expats groups, share a lot of information every day.Also, some foreigners set up their own companies to hire themselves, however, it will be a little expensive to keep their companies running.After you are hired, your employer will apply the work permit for you. However, firstly you need to prepare the following documents, and send its scan copies to your employers:Ⅰ Your passportIt must be valid for more than 6 months. However, I suggest it should be over 1 year valid.Ⅱ Degree certificate (must be legalized).There are 3 ways to legalize your degree:For example: if you are Danish, and get your bachelor’s degree in the UK,You can legalize your degree by the Chinese embassy or consulate in the county where you get your degree. It means you need to legalize your degree by the Chinese embassy or consulate in the UK.If you currently stay in China, you can try to ask the UK embassy or consulate in China to legalize it, if the UK embassy or consulates provide this service.You can also ask your employer to help, to get the authentication from the Overseas Study Service Center of the Chinese Ministry of Education.Ⅲ Certificate of No Criminal Record (must be legalized)There are 2 ways to get it:The certificate can be issued by your home country or country of permanent residence, and it must be legalized by an embassy or consulate of China or embassy, and personal declarations of no criminal record are not accepted.You can also ask the embassy or consulate of your own county in China, to issue a certificate of no criminal record. It’s also be accepted without further certificationPlease noticed that this certificate is only 6 months valid.Ⅳ A Letter Of Your Work ExperienceIt should be issued by one of your former employers. This letter should cover the following information: your position, job description, work duration, and the projects that have been completed( if have). The letter needs to be signed by the person in charge, with a contact number and an email address and stamped with the company seal. Your work experience should be more than 2 years.Ⅴ Your bare-headed and the full-face photo taken within 6 monthsⅥ If you want to take family members, you need to provide the Relevant Supporting Materials for accompanying family membersPassport of your family membersTheir electronic photos( bare-headed and full-face photo taken within 6 months)Certification of family relationship (spouse - marriage certificate, child - childbirth certificate or adoption certificate, the parents or spouse parents - applicant birth certificate or marriage certificate or notarized certificate); and must be legalized by an embassy or consulate of China.Ⅶ Your CVAfter getting the copies of Ⅰ -Ⅶ, your Chinese employer can start their work to apply a work permit for you. and after you enter China, you need to give the originals to your employer.Here are the 5 steps for your employers on their side:Ⅰ To apply Work Permit Notice for you. With this notice, you need to apply for a Z Visa from the China embassy or consulate, which allows you to enter into China.Ⅱ After entering into China, your employer will arrange a Medical Check for you. If the medical check shows you are not OK, you will be sent back.Ⅲ Your employer will help you to get a Temporary Residence Form For Foreigners after you go into ChinaⅣ Your employer will apply a Work Permit for you.Ⅴ Your employer need to change your Z visa into a long term residence visa for work ( foreigners like call it Work Visa).

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