(All documents from the State Administration
of Foreign Experts Affairs,P.R.of China)
¢ñ Party A ___________wishes to engage the service of Party
B______________ as______________. The two parties, in a
spirit of friendly cooperation, agree to sign this contract
and pledge to fufil conscientiously all the obligations
stipulated in it.
¢òThe period of service will be from the______day of______,20__
to the ______day of______,20__
¢ó The duties of Party B (see attached pages)
¢ô Party B's monthly salary will be £¤_______ yuan RMB,__
% of which can be converted into foreign currency monthly.
¢õ Party A's Obligations
1. Party A shall introduce to Party B the laws, decrees
and relevant regulations enacted by the Chinese government,
the Party A' work system and regulations concerning administration
of foreign experts.
2. Party A shall conduct direction, supervision and evaluation
of Party B's work.
3. Party A shall provide Party B with necessary working
and living conditions.
4. Party A shall provide co-workers.
5. Party A shall pay Party B's salary regularly by the month.
¢ö Party B's obligations
1. Party B shall observe the laws, decrees and relevant
regulations enacted by the Chinese government and shall
not interfere in China's internal affairs.
2. Party B shall observe Party A's work system and regulations
concerning administration of foreign experts and shall accept
Party A's arrangement, direction, supervision and evaluation
in regard to his/her work. Without Party A's consent, Party
B shall not render service elsewhere or hold concurrently
any post unrelated to the work agreed on with Party A.
3. Party B shall complete the tasks agreed on schedule and
guarantee the quality of work.
4. Party B shall respect China's religious policy, and shall
not conduct religious activities incompatible with the status
of an expert.
5. Party B shall respect the Chinese people's moral standards
¢÷ Revision, Cancellation and Termination of the Contract
1. Both parties should abide by the contract and should
refrain from revising, canceling, or terminating the contract
without mutual consent.
2. The contract can be revised, canceled, or terminated
with mutual consent. Before both parties have reached an
agreement, the contract should be strictly observed.
3. Party A has the right to cancel the contract with a written
notice to Party B under the following conditions;
(1) Party B does not fulfill the contract or does not fulfill
the contract obligations according to the terms stipulated,
and has failed to amend after Party A has pointed it out.
(2) According to the doctor's diagnosis, Party B cannot
resume normal work after a continued 30 day sick leave.
4. Party B has the right to cancel the contract with a written
notice to party A under the following conditions:
(1) Party A has not provided Party B with necessary working
and living conditions as stipulated in the contract.
(2) Party A has not paid Party B as scheduled.
¢ø Breach Penalty
When either of the two parties fails to fulfill the contract
or fails to fulfill the contract obligations according to
the terms stipulated, that is, breaks the contract, it must
pay a breach penalty of US$500 to 2,000 (or the equivalent
If Party B asks to cancel the contract due to events beyond
control, it should produce certifications by the department
concerned, obtain Party A's consent, and pay its own return
expenses; If Party B cancels the contract without valid
reason, it should pay its own return expenses and pay breach
penalty to Party A. If Party A asks to cancel the contract
due to events beyond control, with the consent of Party
B, it should pay Party B's return expenses; if Party A cancels
the contract without valid reason, it should pay Party B's
return expenses and pay a breach penalty to Party B.
¢ù The appendix of this contract is an inseparable part
of the contract and has equal effect
¢ú This contract takes effect on the date signed by both
parties and will automatically expire when the contract
ends. If either of the two parties asks for a new contract,
it should forward its request to another party 90 days prior
to the expiration of the contract, and sign the new contract
with mutual consent. Party B shall bear all expenses incurred
when staying on after the contract expires.
The two parties shall consult with each other and mediate
any disputes which may arise about the contract. If all
attempts fail, the two parties can appeal to the organization
of arbitration for foreign experts affairs in the State
Administration of Foreign Experts Affairs and ask for a
This Contract is signed at_____________ , in duplicate,
this_____ day of _______,20__, in the Chinese and _______
languages ,both texts being equally authentic.
Party A Party B
REFERENCE SAMPLE OF THE APPENDIX OF
STANDARD WORK CONTRACT FOR FOREIGN
CULTURAL AND EDUCATIONAL EXPERTS
The host institution and the foreign cultural and educational
expert shall, when signing the appendix of the contract,
comply with the provisions of Administrative Measures on
the Salary and Living Treatment of Foreign Cultural and
Educational Expert issued by State Administration of Foreign
Experts Affairs and Ministry of Finance (Wai-Zhuan-Fa No.247(1996))
and decide the salary and living treatment according to
the concrete circumstances of the host institution and the
foreign cultural and educational expert.
APPENDIX OF STANDARD ENGAGEMENTCONTRACT NO.
¢ñ Work assignment
(The business department shall list the work assignment
that the employed party is supposed to undertake in details
without simplification. There shall be requirements on quality
of the work the employed party undertakes.)
¢ò The salary treatment
Monetary salary RMB /month. The salary will be paid monthly
with RMB from the day of starting work to the expiration
of the contract. In case the time is shorter than a whole
month, the payment shall be counted by day. The daily wage
shall be 1/30 of the monthly salary (the same with February).
No more than 70% of the salary can be changed into foreign
currencies monthly. The employed party shall pay the personal
income tax in accord with the Personal Income Tax Law of
The People's Republic of China.
2. Indirect payment
The employing party will guarantee the fundamental living
conditions for the employed party in China:
1) Providing lodging with furniture, bedding, telephone,
television, refrigerator, toilet, heating and cooling facilities.
(The lodging provided to the party whose employment term
is longer than half a year (or one semester) shall be equipped
with a kitchen.)
2) Providing free medical care. (The employing party shall
pay all the medical cost for the employed party. Considering
the current salary level of the foreign cultural and educational
experts working in China and the medical care fees charged
by Chinese hospitals for foreigners, there does exist conditions
for them to cover part of the medical care expenses.) The
employed party should receive medical treatement in the
hospital foreigners appointed by the employing party, otherwise,
the expenses shall be covered by the employed party. Expenses
for registration, transportation for medical care, tooth
inlaying, face lifting, massage, glasses, meals in hospital,
tonics not for medical purpose, and doctor's house calls
shall be covered by the employed party.
3) Porviding transportation to and from work or providing
proper transportation allowance for the employed party whose
work place is far from residence.
4) International air ticket (international economy class
air ticket for the nearest distance between China and the
country of the employed party)
5) Luggage tranportation expenses (if by air transport,
the expenses shall be calculated by separate transportation
for 24 kilograms, not by that of accompanying transportation.
Alternatively, the expenses can also be paid to the employed
party with 1/5 of the international air ticket price in
RMB (roughly equivelent to the expenses for separate transportation
of 24 kilograms). Since airlines between China and the U.S.
stipulate to carry two large pieces of luggage of 64 kilograms
for free, the employed party from the United States may
not bear the luggage transportation expenses.
¢ó Work Time, Rest and Holidays
1. The work time of the employed party shall be 8 hours
every day, and 5 days every week.
2. If the host institution arranges overtime work for the
party employed, it will pay the employed party a salary
higher than that normal work time according to legal standard.
3. The party employed is entitled to the following holidays
and festivals in China:
New Year's Day, Spring Festival, May Day, National Day and
other holidays stipulated by laws and regulations.
4. The party employed is entitled to the following festivals
and holidays corresponding to their nationalities and religions:
Two days for Christmas, three days for Corban, one day for
Lesser Bairam and one day for Water-splashing Festival.
5. The party employed is entitled to the paid annual vacation.
Employed party under one year contract is entitled to a
four week paid vacation. Employed party in educational institution
under one academic year contract is entitled to a paid (winter
or summer) vacation.
6. As a rule the party employed is supposed to work in China
not longer than 5 continuous years. The next employment
in China should be two years after.
¢ô Sick leave and private affairs leave
1. Certificate from doctors for foreigners appointed by
the host institution should be presented when the employed
party asks for sick leave. If the sick leaves amount to
less than 30 days within one contract term (one year or
one academic year), the party employed shall be paid with
100% of the salary. In case the leaves exceed 30 days, the
host institution has the right to terminate the contract,
or, if the contract is not terminated, the 70% of the salary
will be paid until the normal work is resumed.
During the term of the contract, the medical care expenses
of the employed party in the hospitasl foreigners appointed
by the local government during business errands shall be
paid by the host institution; the medical expenses'incurred
during private travels shall be covered by the employed
During the term of the contract, medical expenses incurred
in Taiwan province, Hong Kong SAR, Macao SAR and places
outside China will be covered by the employed paty.
2. Private affairs leave of the employed party shall be
approved by the host institution. The host institution will
deduct the salary by day. In the contract term (one year
or one academic year), the private affairs leaves should
not exceed 10 days. The continuous private affairs leave
shall be no more than 3 days, and two days' salary will
be deducted for each day thereafter.
In case of absence from work without the host institution's
permission, 3 days' salary will be deducted for each day
absent. For serious circumstances, the host institution
has the right to terminate the contract and investigate
the liability of the employed party for violation of the
¢õ The Probation period of the Contract and the Credit Bail
1. The probation period of the employed party shall be 60
days. In the probation period, if the host institution finds
out that the employed party is unfit for the assignment
specified in the contract for reasons of health or professional
ability, it has the right to terminate the contract.
2. The employed party that is engaged through self-recommendation
or others' introduction shall pay a certain amount of credit
bail (600 $ to 1,000 $, or that set by the host institution)
before entering China so as to prove his/her good faith
for employment. The host institution shall handle the formalities
for the employed party to enter China after receiving the
bail. The bail shall be returned to the employed party as
the employment ends.
Where the host institution provides the employed party with
the international air ticket to China, the employed party
may purchase the ticket by him/herself (with the traveling
expenses as the credit bail), and the expenses will be reimbursed
before the expiration of the contract.
¢ö Other items that the two parties think not covered by
the standard contract.
¢÷ Confirmation and change of every term of the appendix
of the standard contract must be stipulated in written form
through negotiation between the two parties. Any oral agreement
will be regarded as invalid.
This appendix has equal validity of the standard contract
and comprises an integral part of the contract.
The signature of the host institution the signature of the
NOTICE FOR FOREIGN
WORKING IN CHINA
I Preparation before coming to China
The foreign cultural and educational experts shall complete
the following two preparations before coming to China:
1 Mental preparation
The foreign cultural and educational experts shall complete
sufficient mental preparations before leaving for China.
You might have visited some views and interests of one or
more cities of China in very short period before, but the
communication with Chinese and the understanding of Chinese
culture and custom are far from deep. This time, different
from the previous visit, you are supposed to live and work
with Chinese for one or more years in a country where the
history, culture, tradition and social system are entirely
different from those in your own country. The people of
China are hospitable. As long as you consciously blend yourself
into Chinese people and treat yourself as a member of them,
you will get further understanding of China and its people
and may even form an inseparable relationship with China
and Chinese people.
2 Material preparation
The foreign cultural and educational experts generally have
the traveling experience and are aware of what kind of luggage
and paraphernalia should be carried. Your host institution
has prepared excellent living and working conditions for
you. As is known to all, China is still a developing country.
Except that some big-size and middle-size cities are in
preferable conditions, the conditions in remote areas are
much worse. However, in order to welcome the foreign experts,
the host institutions have tried their best to make sure
you are comfortable in life, convenient in work and have
no latter worry. It's so good that the foreign experts have
the mental preparations and are not overcritical in requiring
the host institutions provide the same living and working
conditions as in their own country.
What is important is that your goal is to work in China.
You need to prepare relevant articles as portable personal
computer, instruments and facilities, and books and materials
for if the preparation is not plenty, your work may be affected.
In case you are not sure, you are suggested to inquire your
host institution about what living and working articles
shall be carried with.
II The foreign expert shall provide the following materials
to the host institution when applying for a job:
1. Personal Resume;
2. Degree Certificate (copy);
3. Recommendation letter written by professor of his country;
4.Certificate of Teacher or relevant professional skill
5. Evidence on marriage status; (The Chinese people is in
great respect of family. Cohabitation without marriage is
deemed as not in accord with traditional morality and violation
of Chinese Marriage Law. Therefore, we hope that the foreign
experts-respect the custom and habit of Chinese people.
According to regulation, fiance or fiancee cannot enjoy
related expenses provided by the host institution, as is
found out to be in accord with international conventions.)
6. Health evidence (the foreign expert may ask for the Medical
Examination Record of Aliens made by Ministry of Sanitation
of China in the Chinese embassy or consulate in your country
and do physical examination thereafter.)
Notice: (1) According to the stipulations of Chinese law,
the validity period of Medical Examination Record of Aliens
is 6 months. Therefore, the foreign experts should pay attention
to the time for medical examination and make sure the Medical
Examination Record of Aliens is valid within 30 days desirable
for handling of necessary formalities after entering China.
(2) Every item in the Medical Examination Record of Aliens
shall be filled in without blanks.
(3) The experts shall demand X ray film and original serology
examination list of sexual disease and AIDS from the doctor,
for after entering China, the sanitation and quarantine
department of China will determine whether the Medical Examination
Record of Aliens is qualified according to the evidences.
III After the foreign expert and the host institution formed
the employment relationship, the uniform Standard Employment
Contract made by the State Administration of Foreign Experts
Affairs shall be reached. In case the employment is by way
of self-recommendation or other introduction, to ensure
you are surely willing to take office in the institution,
the host institution may require you render credit bail
of $600-1000 (the amount can be negotiated) in advance according
to the stipulations of State Administration of Foreign Experts
Affairs. After receiving the bail, the host institution
is ready to handle the formalities for you to enter China.
After you take office or before the contract expires, the
host institutions shall return the bail to you. Some institution
may provide you the out and home international airplane
ticket, but you are probably expected to buy the international
airplane ticket in advance, which shall be kept as the credit
bail and may be reimbursed before the expiration of the
IV According to regulations of Chinese government, where
the employment term of foreign experts is more than 6 months,
the host institution is obliged to send the Confirmation
Letter for Foreign Expert (original piece), which proves
the identity of the expert, to the expert himself. Only
when the invitation letter and the Confirmation Letter for
Foreign Expert are possessed (none of them shall be absent)
can the foreign expert apply to the Chinese embassy or consulate
in his country for visa for working in China (Z); where
the employment term is less than 6 months, visa for visiting
China (F) can be applied by the invitation letter presented
by the engaging unit.
Note: foreign experts entering China for work must apply
for the corresponding working or visiting visa according
to the employing term or invitation term, and not for the
traveling visa. Otherwise, you may get in great trouble.
For according to stipulations of Chinese law, traveling
visa holder cannot work in China and the traveling visa
is not convenient to be changed into working visa or visiting
visa. The visa can be changed only when outside the border
(for example, you can switch to Hong Kong SAR of China)
and after the host institution presents the working invitation
letter for a second time, the working visa can be granted
for entry into China.
V According to stipulations of Chinese law, aliens who
hold the working visa shall handle the Residence Permit
for Aliens within 30 days after entry. If it exceeds the
term, a fine of RMB500 per day will be imposed. We hope
the foreign experts settle down the residence permit within
specified term and such unhappy things as being fined do
The handling of Residence Permit for of Aliens shall be
* Valid passport (working visa)
* Foreign Expert Certificate
* Authentication Certificate issued by the sanitation and
quarantine department that confirms the qualification of
Medical Examination Record of Aliens.
(1) foreign experts shall pay attention to the residence
term of their own Residence Permit for Aliens. In case the
term needs to be prolonged, procedures for prolonging the
residence term shall be promptly handled in local public
security organ. Overtime will be subject to fine according
to stipulations of Chinese law.
(2) According to stipulations of Chinese law, the aliens
shall, when changing their residences, settle down the domicile
out-moving procedures in the local public security organ
in advance and then handle the domicile in-moving procedures
in public security organ of the new domicile.
(3) According to Chinese law, in the valid period of Residence
Permit for Aliens, the aliens shall settle down the re-entry
procedures in the local public security organ in advance
before temporary exit. Otherwise, the frontier inspection
organ may capture the Residence Permit for Aliens and you
have to request the host institution spend a lot of time
to re-handle the entry 2rocedures when you seek another
VI Chinese government specifies that all the foreign experts
engaged for work in China shall settle down the Foreign
Expert Certificate so as to differentiate from the Occupation
Certificate of Aliens acquired by the foreign employees
from the department of labor. The foreign experts who hold
the working visa (Z) or visiting visa (F) may acquire the
Foreign Expert Certificate. The foreign experts shall return
the Foreign Expert Certificate to the host institution when
leaving China for the work in China has been completed.
In case the foreign experts want.to keep the Foreign Expert
Certificate as a memoria, the host institution may consent,
but the certificate shall be cancelled.
The handling of Foreign Expert Certificate shall be based
* Valid passport (working visa)
* Standard Employment Contract signed with the host institution
or copy of agreement between governments or colleges; the
contract of dispatch document of the teachers or managing
personnel of schools that specifically enroll children of
foreigners; the staff of the standing body of foreign organizations
in China shall have the appointment or dispatch document
issued by the organization.
(1) According to the stipulations of Chinese government,
the valid term of Foreign Expert Certificate is one year.
If the foreign expert and the host institution jointly determine
that the term shall be prolonged, the procedures for prolonging
the Foreign Expert Certificate shall be handled in the certificate
issuing authority in evidence of the new employment contract.
And afterwards, the procedures for prolonging the Residence
Permit for Aliens shall be settled down in the public security
organ by the Foreign Expert Certificate.
(2) According to the stipulations of Chinese government,
in case the foreign expert has finished his work in one
host institution and is employed by another institution,
the former Foreign Expert Certificate will become invalid
and shall be returned to the former host institution. The
new host institution shall handle new certificate for the
(3) According to the stipulations of Chinese government,
Foreign Expert Certificate applies to the principle of territorial
governing. Therefore, in case the foreign expert finished
his work in one city and is employed in another city, the
former Foreign Expert Certificate will become invalid and
shall be returned to the former host institution. The new
host institution shall handle new certificate for the expert.
VII According to the stipulations of Chinese government,
for the purpose of protecting the legitimate rights and
interests of foreign expert in course of living and working
in China, the foreign cultural and educational experts shall
enter into the Standard Employment Contract uniformly made
by the State Administration of Foreign Experts Affairs with
the host institution and definitely stipulate in form of
contractual attachment the working assignment and quality,
the salary, treatment and other matters the two parties
consider the Standard Contract has not covered. All these
comprise an integral contract.
* In order to protect the legitimate rights and interests
of foreign experts in China, when entering the contract,
(1) The conclusion of Standard Employment Contract shall
use the original document. The copy is invalid. The Standard
Employment Contract has six translated version as English,
French, German, Spanish, Japanese and Arabic. Version of
other languages can be instituted by the English version
or be translated and made by the host institution.
(2) The employment contract shall be concluded in written
form Any oral agreement will be regarded as invalid.
(3) The foreign expert shall sign the contract before coming
to China; those who have been staying in China shall enter
the contract before taking office.
(4) Considering the foreign expert is in need of renovating
his knowledge and shall adapt his native life and find a
new job as soon as possible after repatriation, the continuous
term of the contract for the foreign expert to work in China
is not suitable for over 5 years. The next employment shall
be after two years.
(5) The host institution may stipulate a probation period
of 60 days for the foreign expert. In the probation period,
if the host institution finds out that such situation of
the foreign expert as the health condition or professional
ability is not fit for the working assignment agreed upon
in the employment contract, he is entitled the right to
cancel the contract.
* When signing the attachment of the employment contract,
(1) The Standard Employment Contract made by the State Administration
of Foreign Experts Affairs has the uniform serial number.
Therefore, the attachment shall be marked as the attachment
of which number of standard contract in order to show the
coherence with the standard contract.
(2) The working assignment shall be concrete and not ambiguous.
The quality of the work shall also be definitely stipulated.
(3) Other matters the foreign expert considers the Standard
Contract has not covered.
(4) It shall be explained that the attachment has equal
validity to the standard employment contract and comprises
an integral part of the contract.
(5) The attachment shall take effect after the foreign expert
and the representative of the host institution sign it.
Note: the foreign expert must consult with the host institution
about salary and living treatment before coming to China
and stipulate such matters in form of attachment of the
contract. The salary and living treatment mentioned below
are applicable to the general conditions and are probably
unfit for the requirement of your host institution or yourself.
1. Salary and treatment
1) Direct payment monetary salary the salary will be paid
monthly by RMB from the day of starting work to the expiration
of the contract. In case it is not enough for a whole month,
the payment shall be counted by day. The daily wage shall
be 1/30 of the monthly salary (February will be the same).
No more than 70% of the salary can be changed into foreign
currencies monthly. The employed party shall pay the personal
income tax in accord with the Personal Income Tax Law of
the People's Republic of China. The starting amount of taxation
is RMB 4001. The monthly salary standard for reference:
where the expert has got the bachelor degree and the working
experience is more than two years, the monthly salary shall
be no less than RMB2500. For those who has got a master
degree and the working experience is over three years, the
monthly salary shall be around RMB3500. For those who has
got a doctor degree and the working experience is over 5
years, the monthly salary shall be about RMB4000. No more
than 70% of the monthly salary can be changed into foreign
(2) Indirect payment the host institution will guarantee
the fundamental living conditions for the foreign expert
* Providing the lodgings with furniture, bedding, telephone,
television, refrigerator, toilet, and heating and cooling
facilities.(The lodgings provided to the expert whose employment
term is more than half a year (or one semester) shall be
equipped with a kitchen.)
* Providing the medical care at public expense. The foreign
expert must see the doctor in the foreign-involved hospital
appointed by the host institution. If not in the hospital
appointed, the expert shall undertake the cost. Such costs
as registration, transportation for medical care, tooth
inlaying, face lifting, health protection rubdown, glasses,
meals in hospital, restorative not for medical purpose,
and examination outside the hospital charged shall be undertaken
by the expert.
* Paying the traffic expense for and off work or providing
proper traffic allowances for the expert whose working place
is far from his domicile.
* International airplane ticket (international tourist class
airplane ticket of the nearest distance from China to the
country of the foreign expert).
* Transportation cost of luggage (deportation transportation
price of luggage by air).
Note: since the economic situation of the host institutions
may differ, the indirect payment for each foreign expert
is probably different. According to statistics, the indirect
payment for each foreign expert ordinarily varies from RMB80,000
2. Working Time, Rest and Holidays
(1)The working time of the foreign expert shall be 8 hours
every day, and 5 days every week.
(2) In case the foreign expert is arranged to work overtime,
reward above the regular salary in normal work time shall
be paid in accord with legal standard.
(3) The foreign expert shall enjoy the following holidays
and festivals in China:
New Year's Day, Spring Festival, Labour Day, National Day
and other holidays stipulated by laws and regulations.
(4)The foreign expert may enjoy such festivals and holidays
as the followings according to other nationalities and religions:
Two days for Christmas, three days for Butcher Day (Kuerban
Day), one day for Meat Diet Resume Day and one day for Water-splashing
(5) The foreign expert may enjoy the annual holiday with
payment. Where the contract term of the foreign expert is
one year, the holiday with payment shall be four weeks.
Where the expert works in an educational institution and
the contract term is one academic year, he may enjoy one
holiday (winter holiday or summer holiday) in the institution
3. Sick Leave and Private Affair leave
(1) Request for sick leave by the foreign expert shall be
proved by the foreign-involved hospital appointed by the
host institution. Where the sick leave amount to less than
30 days in one contract term (one year or one academic year),
the foreign expert shall be paid 100% of the salary. In
case the leave exceeds 30 days, the host institution is
entitled the right to dissolve the contract, or if the contract
is not dissolved, the salary will be paid by 70% until the
normal work is resumed.
In the contract term, the medical care cost of the foreign
expert in the foreign-involved hospital appointed by the
local government during errands on business shall be paid
by the host institution; the medical cost for private business
shall be undertaken by the expert.
In the contract term, the foreign expert shall undertake
the medical cost spent in Taiwan province, Hong Kong SAR,
Macao SAR or outside China.
(2) Private affairs leave of the foreign expert shall acquire
the approval of the host institution. The host institution
may deduct the salary by day. In the contract term (one
year or one academic year), the private affairs leave shall
not exceed 10 days. The continuous private affairs leave
shall be no more than 3 days. Where one day exceeds, salary
for two days will be deducted.
In case of absence off work without allowance of the employing
party, where absence amounts to one day, payment for 3 days
will be deducted. Where the circumstance is serious, the
host institution has the right to dissolve the contract
and investigate the liability of the foreign expert for
violation of the contract.
How to settle the dispute on the employment contract
(1) The two parties shall seek settlement through friendly
(2) In case the consultation is not effective, the parties
may apply for mediation or arbitration to Arbitration Committee
on Dispute Arising from the Employment Contract for Foreign
Cultural and Educational Expert established by the State
Administration of Foreign Experts Affairs according to the
arbitration terms in the standard contract.
(3) Where the contract is not a standard contract and has
no arbitration terms, only when the two parties jointly
apply for mediation or arbitration can the arbitration committee
accept it. The application brought forward by one party
alone will not be accepted and each party may sue to the
¢ø Protection of foreign experts' property rights
Great attention is paid to intellectual property rights
the important requirements of international exchange of
technology, economy, culture and talents. The Chinese government
keeps strengthening the making and implementation of laws
and tries to create the correct environment for the protection
of intellectual property rights.
Foreign experts' intellectual property rights of patents,
works, special techniques and trademarks are respected and
protected by the Chinese government. If the expert or his
company applies for patent or trademark protection, they
will own it and the right to be rewarded. The Chinese government
and the departments concerned will maintain the business
secrets according to law. The secrets cover designing plans,
production processes, formulas, crafts, strategies of management,
name lists of customers, information of material sources,
policies of manufacture and sales, any bids and documents.
Chinese law forbids illegal acts such as stealing, enticing,
threatening or exposing the agreement.
At present Chinese laws concerning the protection of intellectual
property rights are mainly the "General Rules of the
Citizen Law of the People's Republic of China", and
the "Trademark Law of
the People's Republic of China". The "Patent Law
of the People's Republic of China", the "Contract
Law of the People's Republic of China", the "Rules
of Computer Software Management", the "Corporation
Law of the People's Republic of China", the "Foreign
Trade Protection Law of the People's Republic of China",
and the "Commercial Banking Law of the People's Republic
of China". The "Scientific Fruit Transferring
Rules of the People's Republic of China" also concerns
the protection of intellectual property rights.
The Chinese government has participated in international
protective actions of intellectual property rights, the
negotiation of important agreements, and has accepted international
protecting intellectual property rights.
¢ù Insurance in China
Chinese insurance companies cover a large range of businesses.
Foreign experts working in China are advised to buy the
following insurances: (1) property insurance; (2) personal
accident insurance; (3) vehicle insurance; (4) employer
responsibility insurance; (5) public responsibility insurance,
and; (6) investment insurance. The People's insurance Company
of China and other large insurance companies operate many
branches in Beijing and other major cities to cater to the
needs of foreign customers.
¢ú Medical care in China
The health system in China covers the whole country. Most
of the host institutions have their own clinics to deal
with minor complaints. There are hospitals in almost every
city where patients can get treatment without having to
travel too far. Big cities like Beijing, Shanghai, Guangzhou
and alt the provincial capitals have well-equipped hospitals
which employ many experienced doctors and specialists with
specialized departments including that of traditional Chinese
medicine. Many cities have specialized hospitals. Most of
them have special departments for foreign experts where
patients receive first-class attention. China adopts a partly
free medical care service. Particular issues concerning
foreign experts' medical care should be covered in the contract.
An outline of China
China is the short name of the People's Republic of China.
The "Five-Star Red Flag" is its national flag
while the national emblem has Tian'anmen at its center,
illuminated by five stars and encircled by ears of grain
and a cog wheel. Beijing is the capital of the People's
Republic of China.
(1) Geology and climate
China is situated in eastern Asia on the west coast of the
Pacific Ocean. China has a varied topography, with highlands
in the west and plains in the east. Sprawling over an area
of approximately 9.6 million square kilometers, it comprises
6.5 percent of the earth's landmass, making it the largest
country in Asia and the third largest in the world. Of its
territory, mountainous areas account for about 33 percent,
plateaus 26 percent, rolling land 10 percent, basins 19
percent, and plains 12 percent. Its land borders extend
to about 200,000 kilometers and it shares frontiers with
the following neighbors - the Democratic People's Republic
of Korea, Russia, Mongolia, Kazakstan, Tadzhikistan, Kirghizstan,
Afghanistan, Pakistan, India, Nepal, Sikkim, Bhutan, Myanmar,
Laos and Viet Nam.Its coastline is as long as 180,000 kilometers
from the outlet of the Yalu River in the north to the outlet
of the Beilun River in the south. The long coast it lashed
by the salty waters of the Bohai Bay (inland sea), the Yellow
Sea, the East China Sea and the South China Sea. China's
maritime neighbors are the Republic of Korea, Japan, the
Philippines, Malaysia, Brunei, and Indonesia. Off the coast
are no fewer than 5,000 islands, the biggest being Taiwan
Island, and the second largest Hainan Island.
With a total length of 6,300 kilometers, the Yangtze is
China's longest river and the third longest in the world.
The Yellow River, with a total length of 5,464 kilometers,
is the country's second longest river. Other major rivers
are the Heilongjiang River, the Haihe River, the Huaihe
River, the Qiantangjiang River and the Pearl River, etc..
Lakes in China cover a total area of 80,000 square kilometers.
The major fresh-water lakes are the Boyang Lake, the Dongting
Lake, the Taihu Lake and the Hongzehu Lake. Major salt-water
lakes include the Qinghai Lake, the Namu Lake, the Qilin
Lake and the Luobupo Lake.
The Himalayan is the biggest and highest mountain range
in the world, on the eastern section of which looms the
8,848.13 meter high Mount Qomolangma (Everest), the world's
loftiest peak rising between China and Nepal. Other major
mountainous ranges in China include: the Tianshan, the Kunlun,
the Karakorum, the Hengduan, the Qilian, the Gangdise, the
Yinshan, the Qinling, the Greater Xing'anling, the Changbai,
the Nanling and the Taiwan. The Qinghai-Tibet Plateau, the
Yunnan-Guizhou Plateau, the Loess Plateau and the Inner
Mongolia Plateau are the four major plateaus in China. The
Qinghai-Tibet Plateau with an altitude of over 4,000 meters
which is known as the "Roof of the World", is
the highest plateau in the world. The Northeast China Plain,
the North China Plain and the Yangtze River Plain are China's
three major plains.
Because of the immense size of the country, the climate
varies very much in different parts of China, ranging from
tropical, subtropical, warm-temperate, temperate to cool-temperate
in character. A great part of China, however, lies within
subtropical and temperate climatic zones and has a monsoon
climate. The northern part of the northern Heilongjiang
Province, for instance, has no summer while inhabitants
in southern Hainan Island never experience winter condition.
Every winter from October to March, frigid winds sweep across
China. As a result, winters in China are cold and dry. Between
April and September, rainfall, high temperature and winds
dominate. The rainfall in different parts of China also
varies a great deal. The annual precipitation on the southeastern
seaboard is 1,500 millimeters. And it is below 500 millimeters
in northwestern China.
(2) Administrative division system
China's administrative units are currently based on a threelevel
system dividing the nation into provinces, counties and
townships as follows:
The country is divided into provinces, autonomous regions
and municipalities directly under the Central Government;
A province or an autonomous region is divided into autonomous
prefectures, autonomous counties, and/or cities;
A county or an autonomous county is divided into townships
national minority townships, and/or towns.
Municipalities directly under the Central Government and
other large cities are divided into districts and counties.
regions, autonomous prefectures, and autonomous counties
Autonomous prefectures are divided into counties, autonomous
regions, autonomous prefectures, and autonomous counties
are national autonomous areas.
The Constitution of the People's Republic of China specifically
empowers the State to establish special administrative regions
when necessary. A special administrative region is a local
administrative area directly under the Central Government.
At the end of 1999, China was divided into 23 provinces,
5 autonomous regions, 4 municipalities directly under the
central Government, and 2 special administrative regions
(see the following table).
China's Provinces, Autonomous Regions,
Municipalities and Special Administrative
(3) Chinese timetable
Starting from March 1, 1994, Chinese, who had long been
working for 40 hours every week, began to work 44 hours
or five days a week.
To make the best use of electrical power supplies, which
are running short in many cities, employees of many enterprises
have to work on Saturdays and Sundays while having weekdays
off in lieu.
Office hours are usually between 8:00 - 12:00 in the morning
and 2:00 - 6:00 in the afternoon, in Beijing, the working
hours are 1: 00 - 5:00 in the afternoon. There may also
be local changes for winter and summer seasons elsewhere.
(4) Chinese traditional festivals, public holidays and vacations
China is a country with many nationalities. Each nationality
has its own customs and traditional festivals and each festival
usually has fascinating legends associated with it.
Chun Jie (The Spring Festival)
The Spring Festival, or Chinese New Year, is the most important
festival in China, and its celebration dates back to some
two thousand years ago. It marks the beginning of the lunar
year, and is the time when families get together and are
reunited if they have been separated. The date of the festival
varies each year, but is usually in late January or early
February according to the Gregorian calendar. On Lunar New
Year's eve, the sound of firecrackers can be heard throughout
the night, signifying "doing away with the old and
making way for the new". The practice of letting off
firecrackers, however, is on the decline because many cities
have banned their use to prevent fires and accidents caused
by the paper bombs. It is an old custom for people to stay
up late or all night on New Year's eve. In cities, most
people stay up late watching TV, playing cards, dancing
or preparing food for the next day.
Yuan Xiao Jie (The Lantern Festival)
The Lantern Festival falls 15 days after the Lunar New Year.
It is a tradition to hang decorative lanterns in public
places and eat "Yuan Xiao", a kind of glutinous
rice flour ball with a sweet or savory filling.
Qing Ming Jie (The Pure Brightness Festival)
The Pure Brightness Festival, is the fifth of the 24 solar
terms according to the traditional Chinese calendar, which
are defined according to the position of the sun in the
zodiac. The festival takes place on the fourth or fifth
day of the fourth month of the Gregorian calendar, and on
this day people usually go to tidy or "sweep"
the graves of their departed friends and relatives, and
of revolutionary martyrs.
Duan Wu Jie (The Dragon Boat Festival )
The Dragon Boat Festival falls on the fifth day of the fifth
lunar month. It originates as a means to propitiate the
river dragon gods into a popular festival commemorating
the suicide of QuYuan, a poet of the Warring States Period
(475 -221BC) who could no longer bear the moral degeneration
of his state. On the fifth day of the fifth month in the
Lunar calendar dragon boat races are held in commemoration
of those who tried to save the poet and as an offering to
the river gods. Dragon boat racing has now become a popular
sport in China.
Zhong Qiu Jie (The Mid-Autumn Festival)
The Mid-Autumn Festival is held on the 15th day of the eighth
Lunar month, the middle of autumn in the traditional Chinese
calendar. It takes place at harvest time on the night of
the full moon, which symbolized unity. Moon cakes are eaten
on this auspicious day. These are round cakes filled with
dried fruits, and are symbolic of the perfect roundness
of the moon at the time of the festival.
Chong Yang Jie (Double Nine Festival)
Double Nine Festival is a traditional Chinese festival on
the 9th day of the 9th month of the Chinese Lunar calendar.
In the "Books of Changes", nine (9) is defined
as a positive figure ("Yang"), and "Chong"
in Chinese means "double", so it is called "Double-Nine
Day". On the day people go outing, climbing, kite-flying,
drink wine (chrysanthemum wine) and eat cakes. The day has
been appointed as "Senior Citizens' Day","
Nine" pronounces the same sound as "longevity"
in Chinese, so on the daywhen they celebrate the festival
people do things to show respect and wishes of longevity
to their elderly.
Water Splashing Festival is New Year's Day of the Dai and
some other minority nationalities residing on Hainan Island,
which falls on the 15th day of the 6th month of the Dai
calendar usually on a mid-April day. Early in the morning
during the festival, female villagers would gather to pour
water over Buddhist sculptures "to wash the dust off'.
After that, villagers, especially boys and girls, would
sprinkle water on each other, believing that diseases and
germs can thus be eliminated.
Christmas and Easter for Chinese Christians, and Corban
Ramadan for Muslims are also observed among some people
in some places.
New Year's Day (one day off);
Spring Festival (three days off);
Labour Day (May 1, three days off);
The National Day (October 1, three days off )
Foreign experts are entitled to the above holidays and many
activities are arranged both locally and nationally to which
experts will be invited. In addition, experts are entitled
to holidays on occasions of important festivals in their
own countries, such as Christmas, water-splashing festival,
Corban, etc.. Work schedules must be arranged to fit in
with such holidays, as the Chinese do not normally celebrate