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[64], The Chinese government claims that it has taken effective measures to prevent and severely punish crimes in the trafficking of women and children, in the national report on child development mentioned above. [52], The Prevention Law spells out a list of “serious misbehaviors,” which refers to certain offenses that “seriously harm the society but are not enough for criminal punishment.”[53] For a juvenile who has committed such offenses, his parents or other guardians may apply, through approval of the government educational authorities, to send him to one of the special correctional work-study schools. August 2007, [1] For purposes of this report only, the “PRC” and “China” used hereafter refers to the mainland of the People’s Republic of China, with the exclusion of the Hong Kong Special Administrative Region, the Macau Special Administrative Region, and Taiwan. [8]  Unless otherwise indicated, “children” or "minors" hereinafter refers to people under the age of eighteen. 8 Tips for Filling Out Chinese Visa Application FormTop 8 Reasons Why Your China Visa Gets Rejected. When i obtain my Z Visa, I wonder if I would also be allowed to be self-employed at the same time. [26] Laodong Baoxian Tiaoli [Regulation on the Labor Insurance] (promulgated by Zhengwu Yuan (then China’s cabinet), effective Feb. 26, 1951).  ChinaLawInfo (Chinalawinfo ID No. [81], Article 51 of the Minors Protection Law provides prompt trial of cases brought by minors whose lawful rights and interests are injured.  However, no specific time line is found in this law to decide how prompt the case shall be brought to trial. their marriage certificate for a spouse, or birth certificate for a child. Res. The minimum age for working in China is sixteen. [15]Â, In addition, China signed but did not ratify the International Covenant on Civil and Political Rights 1966 on October 5, 1998, which, up to now,  has not taken effect in China. 10063 -2004579) (last visited Aut. 1448 (1989). 3.  For an online text, see the OHCHR Web site, http://www.ohchr.org/english/law/cescr.htm (external link) (last visited Aug. 7, 2007).  For the status of ratifications and reservations, see the OHCHR Web site, http://www.ohchr.org/english/countries/ratification/3.htm#ratifications (external link) (last visited Aug. 7, 2007). [30] Article 25 of the PRC Constitution reads: “The state promotes family planning so that population growth may fit the plans for economic and social development.” Xian FA art. My employer obtains a new work visa each year. [2] Xian FA [Consitution] art. [30]  Citizens bear the statutory obligation to practice birth control under the law. In practice, age discrimination draws little attention in the area of employment, and employers have wide discretion in setting out the age threshold for any job positions, as long as it is not against child labour protection laws. The government, however, implements the “advocated” policy strongly, which is widely criticized to be violating international human rights standards set up in the international children’s right documents mentioned in above part II.  The Congressional-Executive Commission on China (CECC) detailed the coerced compliance with the policy performed by the officials to be “through a system marked by pervasive propaganda, mandatory monitoring of women’s reproductive cycles, mandatory contraception, mandatory birth permits, coercive fines for failure to comply, and in some cases, forced sterilization and abortion.”[33]   In its 2007 Annual Report, the CECC concludes that in 2007: China continues to implement population planning policies that violate international human rights standards.  These policies impose government control over women’s reproductive lives, result in punitive actions against citizens not in compliance with the population planning policies, and engender additional abuses by officials who implement the policies at local levels.  In 2007, the Party and government leadership reaffirmed its commitment to its population planning policies, and continues to implement such actions as charging large “social compensation fees” to families that bear children “out of plan.”[34], The PRC Law on Compulsory Education (Compulsory Education Law) codifies school-age children the right to receive nine years of compulsory education (a six-year primary school and a three-year middle school). [69], Having sexual intercourse with a girl under fourteen years of age is statutory rape, with a sentence of heavier punishment within the range of punishments for rape. Chinese work visa, or Z visa, is issued to foreigners who are going to China for a paid job offer or to undertake commercial entertainment performances in China. [16] G.A. [57]Jinzhi Shiyong Tonggong Guiding [The Provisions on the Prohibition of Using Child Labor](promulgated by the State Council, effective April 15, 1991, amended Oct. 1, 2002, effective Dec. 1, 2002).  2002 Fagui Huibian 1210 (official source). [24] Muying Baojian Fa Shishi Banfa [Implementation Rules of the Maternal and Infant Health Law] (promulgated by the State Council, effective June 20, 2001). (official source). Age and other types of discrimination are generally prohibited by laws and regulations at various levels. [10] G.A. However, there is some flexibility in these requirements, so if you are not in this age range and can find a willing employer, they may still be able to obtain approval for you. The age limit is 18 - 60 for all applicants. [36]  Under the Compulsory Education Law, children shall be sent to school at the age of six (or seven in the undeveloped areas) to receive education, and no tuition fees and miscellaneous fees shall be charged during the nine years of compulsory education. [Focus on Minors: To Send What Kind of Children to the Work-StudySchool? The perfect candidate will have worked for a minimum of 2 years in China and be well versed in the corporate legal system in China. This law guarantees the protection of all Chinese citizens under the age of 18. Mailed applications are not acceptable. (official source).  See also, 2006 Zhongguo Falv Nianjian [2006 China Law Yearbook]Zhongguo Falv Nianjian [2006 China Law Yearbook] 491 (official source).  For an online text, see the HCCH Web site, http://www.hcch.net/index_en.php?act=conventions.text&cid=69 (external link) (last visited Aug. 7, 2007). 34/180, 34 U.N. GAOR Supp. Res. In as much as voting is compulsory in some countries, for most nations it is optional to vote.The voting ages vary from 16 to 25 in different countries of the world. One study found that on average, a child who works 6.75 hours a day has 6.42 fewer hours to study. [69] Hun Yin Fa [Marriage Law] (promulgated by the NPC, amended and effective April 28, 2001), art. However, working visa for English teacher's position is granted only for those individuals who have passport of a native-speaking country, like for example UK, America, SA etc. It usually takes 4 working days for processing. External Link Disclaimer | Article 2 The term “foreigners” in these Rules refers to the persons, who under the Nationality Law of the People’s Republic of China, do not have Chinese nationality. Note that usually the work visa is a single entry, with the duration of stay being 000, which means the duration is to be determined by the Temporary Residence Permit you get after entering China. [72]  Sodomy committed against minors under fourteen years old may result in heavier punishment in the abovementioned range of punishments. [11] G.A. A five-year prison sentence and fine may result if the girl under 14 years of age was acting as a prostitute. [59] Lao Dong Fa [Labor Law] (promulgated by the NPC Standing Committee, effective Jan. 1, 1995), art. The Minors Protection Law requires the judiciary to protect minors’ legal rights during judicial proceedings. [65], To commit the crime of abducting and trafficking a woman or child in China may result in a range of punishments from five years imprisonment to the death penalty, according to The PRC Criminal Law. Age 5-7 jobs in China. [86] Tian Yu, Zhongguo Shaonian Fating Goujian Shiying Wei Chengnian Ren Tedian Shenpan Zhidu [China Juvenile Tribunals Forming Judicial Systems Adapted to the Minors Characteristics], China Court Net (June 1, 2007), http://www.chinacourt.org/public/detail.php?id=249471 (external link) (last visited Aug. 7, 2007). [35] Yiwu Jiaoyu Fa [The PRC Law on Compulsory Education](promulgated by the NPC Standing Committee on April 12, 1986, amended June 29, 2006, effective Sept. 1, 2006), art 2.,  VII 2006 Xin Fagui Huibian 6 (official source). Im in my early 60's and still teaching in China. In 2012, China declared its first absolute drop in the working-age population in "a considerable period of time." I [21]  In cases of certain serious genetic disease found through the examination, long-term contraceptive measures or performance of tubal ligation operations shall be taken upon the agreement of the marrying couple. In the U.S., the minimum age for most work is 16, though it can be as low as 14 in some cases. [50]Y ufang Wei Chengnian Ren Fanzui Fa [The Law on Prevention of Juvenile Delinquency] (promulgated by the NPC Standing Committee, effective Nov. 1, 1999). Supp. [38]  The law also bans any entrance examinations for basic education. The People’s Republic of China (PRC)[1] declares that it protects a wide range of children’s rights through domestic legislation and by ratifying and joining the relevant international treaties.  The PRC Constitution provides for the state protection of children, and prohibits maltreatment of children. Would the Z visa allow that? My husband wants to apply for a spouse visa to China , apart from the invitation letter he has to prepare what other documents is he suppose to send to me so that I can put together and apply for the visa? [35]  The law lays down the principle that the state shall establish a funding system to guarantee implementation of compulsory education. [5] The Minors Protection Law has seven chapters as follows: Chapter 1, General Principles; Chapter 2, Family Protection; Chapter 3, School Protection; Chapter 4, Society Protection; Chapter 5, Judicial Protection; Chapter 6, Legal Penalties; and Chapter 7, Miscellaneous. Armenia ? Physical Examination Record for Foreigner, 8 Tips for Filling Out Chinese Visa Application Form, Top 8 Reasons Why Your China Visa Gets Rejected. 7, 2007). Accompanying family members should apply for an S visa by submitting invitation letter from the relative with work Z visa in China and a 'proof of relationship', i.e. [55]  The curriculum provided in such work-study schools is to be consistent with the ordinary schools, with additional “education on legality[56].”, The minimum age for working in China is sixteen.  Before The PRC Labor Law (Labor Law) was passed in 1994, the State Council issued The Provisions on the Prohibition of Using Child Labor (Child Labor Provisions) to prohibit child labor in 1991, which were amended in 2002. [7] Minfa Tongze [General Principle of Civil Law] (promulgated by the NPC, effective Jan. 1, 1987), art 11, 1986 Fagui Huibian 1, 4 (official source). [51] Violation of this provision may result in a reprimand from the public security authorities. Inspector General | [29] E.g., Suzhou, a rich city of Jiangsu Province in east China, implemented the Children’s In-Hospital Medical Insurance System.  Ertong Dabing Yiliao Baozhang Xu Jinkuai Quanguo Tongyi [Children’s Major Medical Insurance Needs to be Uniformed throughout the Country], http://news.xinhuanet.com/comments/ The law applies to both domestic and foreign-owned firms hiring employees in China. China Work Visa Requirements & Documents 1. Working out of Seattle and Beijing, Grace is Harris Bricken’s lead attorney on China labor and employment law matters and the author of a book, the China Employment Law Guide. - Applicants need to submit one of the following work permits obtained through their employers in China:a. [59]  Using child labor without government approval may result in RMB5,000 (equivalent to about USD $660) fine per child worker per month. [26], The labor insurance was replaced by “the employee’s basic medical insurance” in 1998.  The State Council of China issued TheDecision on Establishing the Urban Employees’ Basic Medical Insurance System at the end of that year. 16) at 49, U.N. Doc. [85]  Article 55 requires the judiciary to appoint a special institution or personnel to handle juvenile cases.  Up to 2007, China is reported to have organized 2420 juvenile tribunals in the courts around the country. Res. Cyprus Any age Georgia No limit India No limit Indonesia Minimum 27 years state school, max age 60 years old, None officially, not easy after 60 Israel 60s Japan 65 Kazakhstan No limit, They look at what offer against requirement… [58], Article 15 of the Labor Law prohibits an employer to recruit minors under the age of sixteen, with exception made for institutions of literature, art, physical culture, and special crafts which may recruit minors through investigation and approval of the government authorities, and must guarantee the minors’ rights to compulsory education. - One accurately and truthfully completed China Work Visa Application Form. According to Chinese labour law, the standard working time is 40 hours per week. [73], Promiscuity may result in imprisonment for up to five years or forced labor under the PRC Criminal Law.  Those who lure minors into promiscuity will be punished by a heavier penalty. You can also have a friend, a travel agency or visa agency to act on your behalf. [57]  In 2003, eight central government authorities including the Ministry of Labor, the Ministry of Public Security, and the Ministry of Education jointly issued a notice to reinforce implementation of Child Labor Provisions. 16) at 52, U.N. Doc. [70]  Committing rape in China may result in sentencing of a fixed-term imprisonment from three years to ten years, and if one of a list of “serious circumstances” spelled out in The PRC Criminal Law happens, a fixed-term imprisonment from ten years up to the death penalty may be imposed.  The “serious circumstances” include (i) raping women or minors; (ii) raping a number of women or girls under the age of fourteen; (iii) raping a woman in public; (iv) raping in rotation by more than two offenders; and (v) causing serious injury or death to the victim or any other serious consequences. [Back to Text]. The Regulation for Industrial Establishments (R.R.O. [80]  There are ten articles in this law specifically dealing with judicial protection.  Unfortunately, most of these legislative declarations, are not enforced effectively in practice. Jobs | 21638) (unofficial source). In theory, the standard work week in China runs from Monday to Friday from 9:00 am to 6pm, but in reality, overtime is the norm and most local companies don’t compensate their workers for it. Work (Z) visa for myself, but what should my wife do? [7]  People aged from ten to eighteen have limited capacity of civil conduct, and may only engage in civil activities appropriate to the age range and intellect.  People under ten years old have no civil conduct capacity. 1448 (1989).  See also 1991 Gazette Of The Standing Committee Of The National People's Congress 662 (P.R.C.) [28] The State Council Instructive Opinions on Launching Testing of Urban Residents Basic Insurance (July 10, 2007), available at the central government official Web site: http://www.gov.cn/zwgk/2007-07/24/content_695118.htm (external link). [49], The Prevention Law took effect from 1999, aiming to prevent juveniles from committing criminal offenses and assisting in rehabilitation. [47]  For those special-needs children who are capable of studying in the ordinary school, the schools must accept them without discrimination and provide aids for their study and recovery, according to the law. (No. [4]  This law sets up responsibilities of the families, the schools, and the government with regard to the protection of children’s rights, and judicial protection, as well.[5]. I.e Can I handmade products to sell online while also teaching English at a university? 2200A (XXI), 21 U.N. GAOR, 21st Sess. She is fluent in English and in Mandarin Chinese, and works out of Harris Bricken’s Beijing and Seattle offices. 2007-03/05/content_5800253.htm (external link) (last visited Aug. 7, 2007). Before The PRC Labor Law (Labor Law) was passed in 1994, the State Council issued The Provisions on the Prohibition of Using Child Labor (Child Labor Provisions) to prohibit child labor in 1991, which were amended in 2002. [24], It is worth noting that although the law sets up the duties for medical institutions and local governments in offering and assisting maternal and infant healthcare, the services are not always free.  The only service clearly provided by this law to be free is in Article 19: “The operations of terminating gestation or ligation operations in accordance with the law are free of any charge.”[25], China has been in the process of reforming the health care system for more than one decade.  Under the old system implemented in the planned economy, “the labor insurance system” provided that all the “socialist workers” get healthcare from the state for free, with children’s healthcare covered through their parents’ "labor insurance".  According to article 13 of The 1950 PRC Regulation on the Labor Insurance, a worker’s medical bill shall be paid by the state-owned enterprises for which he or she works, and their children get fifty percent of their medical costs reimbursed. If you start from finding a position in China and getting a Z visa prior to your arrival, becoming self-employed will be notably easier later. Despite this, do not take a risk by working as a domestic helper or employing one to avoid being fined.Note: The most common employment in China for foreigners is teaching English for which the minimum qualifications are stated as having English as a first language and having at least a Bachelors degree and two year teaching experience. [64] The U.S. Dpartment Of State, 2005 Report Victims Of Trafficking And ViolenceProtection Act Of 2000: Trafficking In Persons Report, available at http://www.state.gov/g/tip/rls/tiprpt/2005/ (last visited Aug. 7, 2007).  For the status of signatures, ratifications, and accessions, see the OHCHR Web site,  http://www.ohchr.org/english/countries/ratification/11.htm (external link) (last visited July 27, 2007).  A list of the status of signatures, ratifications, and accessions is available on the same Web site, at http://www.un.org/womenwatch/daw/cedaw/states.htm (external link) (last visited Aug. 7, 2007).  China made a reservation to paragraph 1 of article 29 with regard to dispute resolution. Copyright © 1998-2020 All rights reserved. The duration of migrants’ labour contracts in China cannot exceed five years (1996 Rules, article 18). 171.For an online text, see the OHCHR Web site, http://www.ohchr.org/english/law/ccpr.htm (external link) (last visited Aug. 7, 2007).  For the status of ratifications, see the OHCHR Web site, http://www.ohchr.org/english/countries/ratification/4.htm (external link) (last visited Aug. 7, 2007). Chinese law defines statutory rape as having sex with a girl who is less than fourteen years of age. An approval document for commercial performances - issued by the Chinese government authorities for cultural affairs.d. - One recent passport standard photo affixed to the Application Form. 44/25, annex, 44 U.N. GAOR Supp. (No. 1999 Gazette Of The Standing Committee Of The National People's Congress 276 (P.R.C.) If you are not required to submit the medical form, you still need to take a medical check when applying for the Temporary Residence Permit in China. 35752) (unofficial source). [60], Despite the legislative requirements, the practice of child labor is believed to be “a persistent problem within China” by some China watchers. [67] Buying an abducted child may result in up to three years imprisonment. [37]  In order to promote balanced development of all the schools, the local government educational authorities are prohibited from dividing schools into key schools and ordinary schools, and the schools are prohibited from dividing classes into elite classes and non-elite classes, which were actually the common situation before implementation of the law. [40]  Text books will be reviewed and may be censored by the government and may not be used without pre-approval of the state. U.N. Convention on Rights of the Child 1989 (CRC) (Entry into force for China: April 1, 1992); Optional Protocol to the Convention on Rights of Child on the Sale of Children, Child Prostitution, and Child Pornography 2000 (Entry into force for China: January 3, 2003); International Covenant on Economic, Social and Cultural Rights 1966 (Entry into force for China: June 27, 2001); The Convention on the Elimination of All Forms of Discrimination Against Women 1979 (Entry into force for China: December 3, 1981); Worst Forms of Child Labor Convention 1999 (Entry into force for China: August 8, 2003); The Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption 1993 (Receipt of Instrument: September 16, 2005). It has been reported that the retirement age will be increased by five years for both male and female employees. Some agencies help them to apply for multiple entry tourist L visa or noncommercial visit F visa and then they use it to enter and exit regularly. [50]  The law prohibits parents and other guardians from leaving children under the age of sixteen to live alone. A lower legal marriage age can boost the fertility rate. Article 94 The employer that recruits juveniles below the age of 16 in violation of law shall be ordered by labour administrative departments to make corrections, and fined. [16], With regard to the implementation of its promises for international cooperation, the Chinese government reported in its 2004 human rights white paper that it “conscientiously wrote its first reports on the implementation of the “International Covenant on Economic, Social and Cultural Rights” and the “Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.”[17]  It also claimed to have held a seminar on the questionnaire of the UN Independent Expert on Violence against Children, “given an honest, detailed answer to it, and submitted it to the United Nations.”[18]  In addition, “in December 2004, China submitted to the United Nations its answer to the questionnaire on child pornography on the Internet based on careful study.”[19], The primary law governing child health in China is The PRC Law on Maternal and Infant Health (promulgated by the NPC Standing Committee, effective June 1, 1995) (Maternal and Infant Health Law). However, there is some flexibility in these requirements, so if you are not in this age range and can find a willing employer, they may still be able to obtain approval for you. Retiring in China. The minimum retirement age in China is 60 for male and 50 for female, provided they have worked and paid social security contributions for at least ten years. hearings& (No. The graph shows a breakdown of internet users in China from December 2016 to March 2020, by age group. women identified from Taiwan. Typically the recruiting agency or school will collect the necessary documents from you and guide you along the process. [6]  The civil law of China provides that people above eighteen years old and those from sixteen to eighteen who make a living on their own have full civil conduct capacity. , 21 U.N. GAOR, 21st Sess 27 Nov 2013 - 07:01 through their employers in China: a 16! Voting age workforce in China, indicating that almost all domestic helpers working... 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