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ways to work in china legally without work permit card!

last year, foreign experts bureau released the latest version of work manual for foreigner’s work permit (fwp) services in guangzhou. but do you know how to apply for it?

today, we would like to show the detailed procedure for foreigners who have a plan to apply for the short-term fwp (≤ 90 days) and to work in china.

*as applicants in other cities in china, you can also keep it for reference.

ways to work in china legally without work permit card!

who can apply for?

completing technical, science research, management, advisory jobs, etc. with their partner within chinese borders.

conducting training at sports institutions within chinese borders (coaches & athletes included).

photographing (advertisement & documentaries included).

modeling (car model & print ads included).

how to apply for?
online applicationonline application submitted in the service system for foreigners working in china
 
online pre-screen & acceptanceonline pre-screen and acceptance done by the accepting agency. the result will be released online within 5 working days from the date of submission.

 

reviewreviewed by the deciding agency within 5 working days

 

decisionan approved application → administrative permission granted

fwp notice application → automatically generated and exchanged to the foreign departments

invitation letter for foreign expert application → ready for collection with the accepting agency upon the approval, signature and seal of the deciding agency

 

required documents

fwp or invitation letter for foreign experts (information consistency)

ways to work in china legally without work permit card!

fill out the form online.

print the filled form for the signature of the application (on a photocopy or faxed copy) and the official seal of the employer.

upload the scanned copy of the duly signed and stampede form to the system.

work contract & invitation letter of the employer

ways to work in china legally without work permit card!

applicant name, nationality

work place, duration and responsibility

list all the working places and times of entry

applicant’s passport or international travel certificate

ways to work in china legally without work permit card!

the bio-data page of passport or international travel certificate

 

 

others

documents of non-chinese language → the translated version

discrepant translated version → re-submission

invitation letter for foreign expert → submit supporting documents

a specialized service agency entrusted → submit the employer’s power of attorney

register the specialized service agency in the system

 

invitation letter for foreign experts

 

foreign experts meeting the standards of type-a can apply for:

short-term fwp

invitation letter for foreign experts

 

#invitation letter for foreign experts and f visa holders

no need to apply for resident card for working.

 

share to let your friends know!

 

trademark registration – avoid six misperceptions!

1

misperception 1: getting acceptance notice of trademark means that trademark registrations are approved successfully

trademark registration - avoid six misperceptions!

© image | google

explaination

getting acceptance notice of trademark doesn’t mean the trademarks are approved by trademark office. acceptance notice only indicates the application documents provided by applicants are eligible for the application requirements of trademark office and the applications are accepted but haven’t been under review yet. thus applicants haven’t been approved.

2

misperception 2: “i” haven’t applied for trademark but “i”optionally use a name as trademark logo.

explaination

it is not allowed to use trademark logo without trademark registration especially trademarks with ®. there are three consequences for using trademarks without trademark retrieval. first, it infringes others’ rights, such as the rights of trademark registration and register of ag真人官网平台app copyright. 

 

besides, it is illegal and might face administrative punishments. thirdly, it is a personation of trademark registration and a crime of counterfeiting the registered trademark, violating the criminal law and constituting a crime.

3

misperception 3: there is no risk to print my registered trademark on my products since i have owned the registered trademark.

trademark registration - avoid six misperceptions!

explaination 

the scope of trademark registration rights are restricted to products and services approved by trademark office, and it will be considered off-limit approved range for trademark applicants if it is out of this range. it doesn’t mean all your products are in the approved category even you have a registered trademark. 

 

it will be considered as infringement act or general illegal act for using registered trademarks out of approved range and with the registered mark ®. it is more serious to constitute a crime of counterfeiting the registered trademark.

4

misperception 4: i’m not fond of the logo of present trademark and i decide to  change it a little bit, but it is still my registered trademark. 

trademark registration - avoid six misperceptions!

 

explaination

do not change your registered trademark randomly without application even you find it no longer pretty. it is illegal and nonstandard to change the characters, figures and colors or their combinations of trademarks and use them with registered mark ®. 

 

according to the stipulation 42 of trademark law of the people’s republic of china, industrial and commercial administrative department shall instruct trademark applicants who change registered trademarks, names or addresses of applicants to correct in specified date. 

 

for those who do not correct in time, industrial and commercial administrative department shall withdraw the trademarks. changing trademarks randomly may lead to lose of trademark rights.

5

misperception 5: i am entitled to allow others to join my business and use my registered trademark since i have an existing registered trademark. 

explaination

owning registered trademarks doesn’t mean you can allow others to join your business and use the trademarks. the using of product trademarks are only restricted to the approved categories and products, excluding the right of providing services like allowing others to conduct franchise. 

 

it is a behavior of using service trademark rights to use trademarks in the name of stores, which may cause legal risks when performing the contract even licensors own trademarks. possessing a registered trademark doesn’t mean you can authorize trademarks in any other businesses.

6

misperception 6: i have applied for lots of trademarks which indicates i have trademark right, and it’s of no consequences if i don’t use them.

explaination

trademark logo is extracted by social public information and trademark right is a private right transferred legally from social public resources. it’s a waste of social resources for not using trademarks for a long term, and according to the stipulation 49 of trademark law of the people’s republic of china, any units and individuals can withdraw the trademarks by virtue of continuous unused trademarks for three years.

trademark registration - avoid six misperceptions!

© image | screenshot from trademark office

in brief, there is no doubt that there are many wrong information misunderstood by people easily in the periods of application, approval, using authorization and transfer.

it is not that horrible for having misperceptions and they can be avoided if you pay extra attention and learn trademark and intellectual property knowledge with hacos.

careful!these cargos will cause explosion!

attention!

recently, the uk p&i club and tt club have received reports that the doors and side bodies of a group of containers containing aluminum (or aluminum slag) in the loading port having different degrees of explosions. the side of the port has detected the goods and sent them to the laboratory for testing.

careful!these cargos will cause explosion!

© image | google

 

test result

the test result shows that this batch of aluminum slag is easily reacted with chloride under a certain humidity. this type of cargo is easy to produce gas in a humid environment, and the accumulation of gas is considered to be the most likely cause of container exploding.

the containers themselves were damaged and could not be repaired, which has not caused other problems. it is learned from the survey that although this situation is not common, it happens from time to time.

 it is reported that some routes and ports are aware of this danger and begin to reject such goods.

 

careful!these cargos will cause explosion!

© image | google

further investigation

after further investigation, the test results of this batch of goods showed that the water content did not reach the gas that reacts with goods to produce the air(standard of level 4 in un dangerous goods classification) before being loaded into the container.

 

careful!these cargos will cause explosion!

© image | google

through a slow chemical reaction, the accumulation of gas in a certain period may cause the explosion, deforming the side panels of the container.

this type of cargo is a secondary product and is usually used for recycling. it can be called aluminum slag or pulverized waste.

although there is evidence that the water content did not meet the test conditions that produced the hydrogen reaction, we did not know how the goods were previously stored and the weather conditions before/after loading into the container.

suggestions

due to the hygroscopicity of this type of cargo, closer cooperation with consignors to shorten testing and packing time will get more precise results. 

 

of course, it’s also helpful to check the accuracy of the test results by giving sufficient inspection time before shipment. if these cargoes reach the standard of 4.3level of dangerous goods, the application code should be un 3170(id#), and it’s also necessary to implement measures for ventilation and waterproof facilities during the voyage in accordance with the implementation requirements of special provisions 244.

the insurer recommends that when transporting bulk aluminum in containers, the carrier, and the consignor should cooperate closely in order to take the necessary measures to prevent excessive water content from causing gas accumulation during transport.

alert! illegal transfer online will send you to imprisonment

two days ago, a policy that affects the majority of foreigners in china began to be officially implemented, stipulating the behavior of illegal buying and selling of foreign exchange, such as buying and selling foreign exchange or disguised trading of foreign exchange. 

alert! illegal transfer online will send you to imprisonment

© image | google

this means that in the future, these behaviors will be strictly controlled:

  • exchange in the wechat, 

  • overseas card swiping, 

  • overseas home purchases, 

  • etc.

alert! illegal transfer online will send you to imprisonment

© image | screenshot from official website

on february 9, the supreme people’s court of china and the supreme people’s procuratorate jointly issued a statement clearly indicating that illegal foreign exchange transactions have been made and the profits have exceeded 100,000 yuan. besides the high fines, the law breakers may be sentenced to imprisonment for more than five years in serious circumstances!

behaviors belong to illegal selling 

and buying foreign exchange

reselling foreign exchange refers to fraudulent buying and selling foreign exchange in cash from person in china. the common trick is “cross-border payments”. nowadays, many underground money shops are trading in this way, resulting in huge capital outflows, which seriously endanger social and financial stability.

what is serious case?

for example, if you need to change the exchange, these companies will charge your foreign currency cash, and then send the exchanged rmb to your account through alipay, wechat, bank card and other means. or a transfer between two friends in a similar way, also belong to disguised trading of foreign exchange.

alert! illegal transfer online will send you to imprisonment

© image | google

since then, the total amount of illegal foreign exchange transactions completed by anyone in this way has reached 5 million yuan, or illegal profits exceeding more than 100,000 yuan, will be characterized as a criminal offence-illegal business crime. 

certainly, the total transactions of 5 million yuan, or the profit of 100,000 yuan is not a one-off, but accumulated!

#besides, the following 3 points need to be particularly noticed:

↓↓↓

1.fabricate payment settlement

commonly used in alipay, wechat, bank cards and so on. when you buy a certain product overseas, the money will be automatically converted into a foreign currency.

alert! illegal transfer online will send you to imprisonment

© image | screenshot from official website

but afterwards, if you are dissatisfied with the goods, or there are some problems with the quality of the goods that need to be returned, you choose to return the goods in cash at the time of return, then this behavior may violate chinese laws, involving in extracting foreign exchange.

2.extract cash from company to person

for example, consumers choose a travel agency and pay a fee of 30,000 yuan in china. after the travel agency transferred the 30,000 yuan to overseas branches, the branch pay equivalent cash to the consumer. the behaviors of consumer and the company are both illegal.

3.extract cash from cheque

it’s similar as extracting cash from company to person. the difference is paying in cheque. like the same operation through travel agencies and overseas branches, pay equivalent cash to the consumer.

alert! illegal transfer online will send you to imprisonment

© image | google

these behaviors of extracting cash is the object that the government will crack down in the future. don’t violate the bottom line of the law because of your negligence.

what is serious case?

serious

  • the amount of illegal income is over 5 million yuan.

  • the amount of illegal profit is over 100,000 yuan.

particularly serious

  • the amount of illegal income is over 25 million yuan.

  • the amount of illegal profit is over 500,000 yuan.

the serious and particularly serious cases both belong to criminal offence, only different in degrees of severity.

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