I General Provisions

Article 1 The following measures are taken in order to further regulate services and management for international talents coming to work in Hainan, effectively protect the legitimate rights and interests of talents and their employers, optimize the talent environment of the province, improve service levels, and attract urgently needed foreign talents.

These measures are formulated in accordance with the relevant laws and regulations of the country as well as relevant policies in combination with the actual conditions of the province.

Article 2 Foreigners who come to work in Hainan as mentioned in these measures refer to those who are not Chinese nationals, abide by the relevant regulations of the state and the province, are in good health, have the professional knowledge and skills required to work in the province, and engage in production, teaching, scientific research, or in work such as management or services.

Article 3 Employment units for foreigners (herein after referred to as hiring units) refer to various types of hiring units, including enterprises, institutions and other economic or social organizations that employ foreigners in accordance with relevant national and provincial regulations.

Article 4 The Science and Technology (Foreign Experts) Department is the department in charge of work permits for foreigners in Hainan. It manages and services foreigners working in the province and their employers in accordance with relevant state regulations and these Measures.

II Classification Criteria

Article 5 Foreigners working in Hainan province are classified into three categories: high-end foreign talents (Class A), foreign professionals (Class B), and other foreign personnel (Class C).

Article 6 Foreign high-end talents (category A) refer to "highly-skilled and scarce" talents such as scientists, scientific and technological leaders, international entrepreneurs, and special talents that are urgently needed for the economic and social development of the province.

There is no restriction on the age of foreign high-end talents (Class A) and mainly include:

(1) Those who meet the foreign high-end talent (Class A) standards in the "Classification Criteria for Foreigners Working in China (Trial)".

(2) Those complying with relevant regulations such as the "High-level Talents Classification Standard of Hainan Province" and other relevant regulations.

(3) Foreign talents whose average wage income is not less than 4 times the average social wage income of the province in the previous year.

Article 7 Foreign professional talents (Class B) refer to foreign talents that are urgently needed for the development of economic and social undertakings in the province and have a bachelor's degree or a professional qualification certificate.?There is no restriction on the age of foreign professionals (Class B) and mainly include:

(1) Those who meet the foreign professional talents (Class B) standards in the "Classification Criteria for Foreigners Working in China (Trial)".

(2) Foreign new graduates who have graduated from well-known institutions of higher learning at home or abroad, have obtained a bachelor's degree or higher, and are working or innovating in Hainan province.

(3) Foreign language teaching personnel, who are engaged in teaching their mother tongue in their native language, have obtained a bachelor's degree or above, and have more than one year of language education work experience.

Among them, those who have obtained a bachelor's degree or above in education, language or general education, or obtained a teaching qualification certificate from their home country, or obtained an international language teaching certificate that meets requirements, can be exempted from the work experience requirements.

(4) Foreign talents whose average salary is not less than three times the average social income of the region in the previous year.

Article 8 Foreign talents (category C) refers to various types of skilled and hands-on personnel that meet the needs of the labor market in accordance with national policies and regulations, in combination with the province's free trade zone (port) construction requirements and should not be more than 65 years old.

Article 9 Foreign talents (category C) may adopt foreign talent evaluation and management systems such as the talent guidance directory, point system, labor market testing, quotas, etc., based on the "List for Foreigners' Employment in Hainan" (hereinafter referred to as the job directory).

The job directory is compiled and published by the Provincial Science and Technology (Foreign Experts) Departments in conjunction with other departments.The hiring unit can hire required personnel according to the job directory.

Article 10 Foreign professional talents (Class B) hired by key enterprises in provincial key industrial parks as determined by the provincial government can apply for high-end foreign talent work permits (Class A) if they are confirmed to be in urgent need by the management of the park, and can also enjoy the convenience of a foreign talent visa (R visa).

Article 11 Foreign professionals (Class B) urgently needed for economic and social development in Hainan province can be recommended by enterprises and institutions, and the Science and Technology (Foreign Experts) Department, based on foreign high-end talents (Class A) standards in conjunction with the requirements for the construction of the province's free trade zone, can issue a foreign high-end talent work permit (type A) and they can enjoy the convenience of a foreign talent visa (R visa).

Article 12 The term “urgently needed talents” refer to talents needed for the province's economic and social development in various fields where the local labor market cannot guarantee supply in the short term.

Article 13 Service institutions for the introduction and cultivation of talents.Foreign skilled personnel cultivated and introduced by talent service agencies may be licensed in accordance with regulations.

III Treatment and Service Guarantee

Article 14 international talents can enjoy the following conveniences:

(1) In the fields of innovation and entrepreneurship, they shall enjoy the same treatment as domestic talents.

(2) Foreigners who meet the prescribed conditions may be issued with work permits consistent with the duration of the work contract.

(3) Other treatments shall be implemented in accordance with national regulations.

Article 15 Foreign high-end talents (category A) using a commitment system, can apply for their certificate first and then supplement materials later if the materials are incomplete

Article 16 All Important team members of high-end foreign talent teams can be granted Class A work permits and enjoy the convenience of a foreign talent visa (R visa).

IV Declaration and Examination and Approval Procedures

Article 17 The institutions for accepting and determining foreigners' work permits in China are the provincial and prefecture-level Science and Technology (Foreign Experts) Departments.Provincial Science and Technology (Foreign Experts) Departments have formulated and issued "Guidelines for Service Permits for Foreigners to Work in China (Type A, B & C.)

Article 18 The application, examination and approval of work permits for foreigners in China shall be carried by the Ministry of Science and Technology (National Bureau of Foreign Experts Affairs) through the "Management Service System for Foreigners Working in China".

The employer shall handle all relevant matters and formalities of the work permit application using this system, for all foreigners it employs. For first time applications, the employer shall register an account with the "Work Management Service System", which then needs to be authenticated.

Article 19 The hiting unit shall fill in the relevant application information for foreigners online in the "Foreigners Work and Service Management System in China".The accepting agency shall conduct an online review, make a decision within 7 working days and generate an online "Notice of Work Permit for Foreigners to Work in China".

Article 20 Foreigners to be employed shall, within three months, bring the Notice of Work Permit for Foreigners in China to apply for a work visa at the Chinese embassy or consulate. The employer shall submit an Application for a Work Permit for Foreigners using the same system within 15 days of the foreigner's entry into China. The accepting institution shall conduct an online review and again, make a decision within 7 working days. The foreigner to be employed shall then apply for residence permit at the Public Security Bureau within the time limit specified in his/her visa after entering China

V Supervision and Management

Article 21 Foreigners working in Hainan province must not commit the following acts, and offenders will be punished by relevant authorities in accordance with laws and regulations:

(1) Anyone who works in Hainan Province in violation of the provisions of the Exit and the Entry Administration Law of the People's Republic of China, the Regulations of the People's Republic of China on the Administration of Entry and Exit of Aliens and, or, other relevant laws and regulations shall be investigated and punished by the Public Security Bureau in accordance with law.

(2) Those who violate other relevant laws and regulations shall be dealt with according to law and regulations.

Article 22 Employers shall not engage in the following acts in hiring foreigners, and offenders will be punished by the relevant competent authorities according to laws and regulations:

(1) Submit false materials to obtain a foreigner’s work permits.

(2) Violate the Exit and Entry Administration Laws of the People's Republic of China or the Regulations of the People's Republic of China on the Administration of Entry and Exit of Aliens

(3) Violate other relevant laws and regulations.

Article 23 A coordination and credit management system shall be established for foreigners working in Hainan province, employers and competent business departments which shall be implemented by The Science and Technology (Foreign Experts) Departments together with other departments in accordance with relevant regulations, such as joint assessment of foreigners, corrective measures for dishonesty and appointment of legal person for employing units, etc.

VI Supplementary Provisions

Article 24 These measures apply to Hainan Island.

Article 25 The interpretation of these measures is the responsibility of the Provincial Department of Science and Technology.

Article 26 These Measures shall be implemented 30 days after the date of issue.

The English version is the translation from the Chinese original and is provided for reference only. If you find that some of the contents do not have an English version, please refer to the Chinese version.