In this article we will explain the 3 steps required to properly cancel a China work permit in accordance with the law.
Step #1: Required Documents
- A copy of the original (electronic/paper) Foreign Worker Permit Cancellation Application Form. After accessing http://fuwu.most.gov.cn/ and completing the online form, the applicant (the employer) must print it out, sign it, stamp it with the employer’s official seal or the official seal of the department authorized by the employer, and upload it to the website.
- An original (electronic/paper) copy of the certification of the terminated employment relationship, the terminated contract, or other documents demonstrating the reasons for the cancellation. Before being submitted, the termination certificate must be signed by both parties. If the applicant left their job on their own and their employer was unable to contact them, the employer must submit a letter of cancellation that explains the details and circumstances.
- An original (electronic/card) copy of the foreign national’s work permit, as well as valid foreign expert certificate and foreign employment certificate (if applicable).
Step #2: Upload Document(s)
All original documents and Mandarin translations should be uploaded (in original color) to the service system for foreigners working in China at http://fuwu.most.gov.cn/.
Please keep in mind that all non-Mandarin certification documents must be accompanied by Mandarin translations and stamped with the official seal of the employer (excluding passport or international travel documents). If there is a significant difference between the Mandarin translation and the original, the authorizing or decision-making institution may request that the employer submit a corrected version.
Step #3: Bring all original materials (not photocopies) to the corresponding window
Following successful online verification, the employer must schedule an appointment on the system and bring his appointment voucher, as well as all original application materials stated earlier to the appropriate venue for processing.
The only exception to this rule is that high-level foreign talent (class A) does not need to schedule an appointment and can bring all materials directly to the site for handling.
Important things to keep in mind:
- Online Verification Period: Three working days (one working day for Class A Foreign Talent)
- Processing time: 3 business days.
- No Charge.
- If the foreign national work permit is not extended at the end of its current validity period, it will be automatically cancelled.
- If the work permit is legally cancelled, withdrawn, or revoked, the issuing institution must cancel it.
- If the applicant dies, loses civil capacity, terminates their contract prematurely, or terminates the employment relationship, the employer must apply to the decision-making institution for cancellation within ten working days of the event.
- If the employer is otherwise unable to perform this function, the applicant may request that the work permit be revoked by the decision-making institution.
- If the foreigner leaves their position without permission and is out of touch for more than 15 days, the employer has the right to publicize a notice of the foreigners unauthorized leave in a newspaper above municipal level for ten days.
- If no contact has been established by the end of this publicity period, and no objection has been raised by the foreigner themselves, the employer may submit application for the cancellation of the work permit on the service system for foreigners working in China, and upload the Cancellation Application Form (stamped with official seal, exempted from the foreigner’s signature), the Employment Termination Certificate (stamped with official seal, exempted from the foreigner’s signature), the original copy of the newspaper (where the post and the newspaper heading show the time of publication and the newspaper level), a letter of description (including basic information for the foreign personnel, information regarding the unauthorized departure, stating that the content is true and the employer will bear all responsibilities for any subsequent problems, , and affixing the official seal and the signature of the legal representative) and other materials to cancel the work permit.
- The company name, passport, work permit number and other background information must be indicated in the advertisement in the newspaper.
- If the employer is terminated in accordance with the law, the Cancellation Application Form of the Foreigner’s Work Permit doesn’t need to be stamped with the employer’s official seal, and the applicant must then provide relevant materials (such as the employer’s cancellation certificate issued by relevant market regulator) demonstrating that the employer is terminated in accordance with the law and thus cannot apply for the cancellation of the work permit, a letter describing work permit cancellation and his/her Foreigner’s Work Permit.
- If the foreign national’s work permit has been cancelled, the decision-making institution will issue a cancellation certificate upon application.
- If the system automatically cancels the expired work permit, the decision maker will not issue the cancellation certificate.
- If there are salary commitments involved during the work permit application, then, when cancelling the Foreigner’s Work Permit, the salary commitment letter, a personal income tax record consistent with the commitment (originally: Tax Payment Certificate), and a screen capture document (with official seal) of the applicant’s detailed personal withholding statement obtained from the Natural Person E-Tax Bureau (https://etax.chinatax.gov.cn/). If the applicant is unable to submit them, this dishonest behavior must be noted.