1. Chinese Citizens as Service personnel

The consular post and its members may recruit a Chinese citizen as the member of the service personnel (such as teacher, secretary, domestic helper, cook, driver, cleaner, gardener) through the local Service Office for Foreign Establishments. A labor service contract should be signed between them thereafter, in which the primary contents must be included such as working hours, job responsibility, salary, medical care, dismissal and holidays. Any dispute thereof should be settled as provided in the contract.

Chinese citizens recruited as the service personnel of the consular post should not exercise official functions on behalf of the consular post with such titles as senior executive assistant, cultural assistant, commercial assistant and the like as given by the consular post.

2. Citizens of the Sending State as Private Service Personnel

If a citizen of the sending state is to be hired as private service personnel of a member of the consular post, he / she should apply to the Chinese embassy or consular post for the work (Z) visa with the note of the relevant consular post or the ministry of foreign affairs of the sending state and his / her health certificate.

3. Citizens of the Third State as Private Service Personnel

In case of special needs to hire a citizen of a third state as private service personnel of the member of the consular post, the consular post should formally apply to the Foreign Affairs Office and specify the reason thereof. With the approval of the Chinese Government, the perspective private service personnel should apply to the Chinese embassy or consular post for the work (Z) visa with the employment contract (specifying type of work, service period, salary and so on), the note of the relevant embassy or consular post or the invitation letter from the employer, and his / her health certificate.

Without the approval of the Chinese Government, the perspective private service personnel should not, in any other way, apply for any short-term (such as tourist and visitor) visa to come to work in China.

4. Residence Requirements for Private Service Personnel

Within 10 days since the arrival, the recruited private service personnel should, in a note of the consular post, report to the Foreign Affairs Office and the Public Security Bureau and apply to the Public Security Bureau for a long-term work visa and the residence permit. Due attention should be paid to the validity of the visa and the residence permit. In general, the residence permit is valid for one year. In case of need to extend the residence permit, the private service personnel should apply, prior to its expiry, for renewal to the Public Security Bureau with a note of the consular post and the letter of approval from of the Foreign Affairs Office.

5. Service Limit for Private Service Personnel

The maximum period of service in China is four years for the private service personnel. When the employer concludes the posting, his / her private service personnel must depart with him / her and should not be re-employed by other people in China. If the employer terminates the employment contract before the end of his / her posting, the consular post should, with no delay, inform the Foreign Affairs Office and the Public Security Bureau, and the private service personnel should leave China within ten days after the termination.

6. Short-Term Employment of Foreign Citizens

The short-term visitors, foreign students in China, and the accompanying family members of the member of a third state consular post are not allowed to work for the consular post or its members. In case of need to employ a citizen of the sending state or a third state who has obtained the permanent residentship in China to work in the consular post for a short term or as private service personnel, the consular post should apply for approval to the Foreign Affairs Office in advance. With the approval, the employee should apply to the local Public Security Bureau for changes of his / her resident status in the aforesaid procedure.

7. Armed Personnel of the Sending State as Security Personnel

If the consular post plans to have soldiers or armed personnel (such as marine corps) of the sending state served as security personnel of the consular post, application for approval must be made to the Ministry of Foreign Affairs in advance. The aforesaid personnel may come to China only as the staff members of the consular post in charge of the safety of the consular premises or the residence. They are not allowed to appear in military uniform and carry weapons in any public places other than the consular premises or the residence.

Editor: Wing