We often receive inquiries about how foreigners can work in China legally, particularly regarding part-time jobs and internships. Here are some answers to common questions:
A) Can foreign students take an internship in China?
According to Article 30 of the Administrative Measures for the Enrollment and Cultivation of International Students by Schools, international students studying in higher education institutions in China are allowed to participate in work-study programs during their period of study. However, they are not permitted to be employed, engage in business, or participate in other for-profit activities. This means that companies cannot hire foreign students as full-time or part-time employees. Nevertheless, companies can offer internships to foreign students following the proper procedure.
To legally undertake an internship, certain requirements must be met. According to Article 22 of the Administrative Regulations of the People’s Republic of China on the Entry and Exit of Foreigners, if a foreigner holding a study residence permit wishes to engage in off-campus work-study or an internship, they must obtain consent from their school and apply to the Entry and Exit Administration Agency of the Public Security Authorities. The agency will include information about the venue, duration, etc., of the work-study or internship on the foreigner’s residence permit.
If the study residence permit does not specify the necessary information mentioned above, the foreign student is not allowed to undertake any part-time job or internship.
After reviewing the rules of several universities regarding part-time jobs or internships for foreign students, we found that most provisions are similar. The conditions for applying for a part-time job or internship typically include the following:
- Being at least 18 years old.
- Undergraduate and postgraduate students must be officially registered in the school and have obtained their academic status.
- Meeting the passing requirements for each compulsory and elective course.
- Complying with school discipline and Chinese laws and regulations during the study.
- Being enrolled in the insurance plan for international students.
- Completing the necessary procedures for the confirmation of the Medical Examination Records of Foreigners.
There are also regulations regarding the duration and scope of part-time jobs:
- During the semester, the weekly working hours should not exceed 6 hours.
- During winter and summer holidays, the weekly work-study time should not exceed 12 hours.
- Participating in the production of radio, film, and television programs or commercial performances in entertainment venues is not considered a part-time job.
- In principle, the part-time job should be relevant to the applicant’s major.
B) Can a foreigner do a part-time job in China?
According to Article 23 of the Administrative Provisions on Employment of Foreigners in China, the employer in China must be consistent with the employer stated on the employment pass. If a foreigner seeks employment outside the region specified by the permit-issuing department or intends to change employers within the originally stipulated region but for a different occupation, they must complete the employment permit formalities again( for more information, you may check our previous post: Work Permit for Foreigners.)
Generally, this provision is interpreted to mean that foreigners can only work for the company indicated in their work permit, which restricts the possibility of foreigners doing part-time jobs for other companies in China. However, in recent years, with China’s policy of attracting foreign scientific and technological talents, some cities (e.g., Shanghai) have established regulations stating that eligible foreign scientific and technical personnel can engage in part-time work related to their full-time jobs after completing certain formalities.
It’s important for foreigners and employers to adhere to the relevant laws and regulations when considering part-time jobs or internships in China. Consulting with immigration authorities or legal professionals can provide specific guidance based on individual circumstances.
