Clarification of Entry Measures for Foreign Employees into Shanghai During the Travel Ban (Normal and Fast track channels) Go back »
2020-05-23 | Shanghai
Following the travel ban China imposed on foreign individuals on 28th March, the Ministry of Foreign Affairs (MFA) and the Shanghai Municipal Government have issued various measures to facilitate the entry into China of employees essential for business operations.
The European Chamber Shanghai Chapter met with the Shanghai Foreign Affairs Office (FAO) on 22nd May, who clarified the procedure to be followed by Shanghai-based companies wishing to apply for essential personnel to enter the city from overseas. Currently there are two channels, a normal channel and a fast track channel, which is only available to employees of companies whose country of origin has signed a fast track agreement with China. Employees entering Shanghai following the fast track procedure will be allowed to start work within 48 hours after arrival, subject to negative COVID-19 test results and certain conditions explained below. Those entering Shanghai following the normal procedure will be subject to a fourteen-day quarantine at a designated central facility.
Normal Channel:
- The company (foreign or Chinese) has to apply at the district-level FAO or municipal-level authority it usually deals with, e.g. Shanghai Municipal Commission of Commerce (SCOFCOM), Shanghai Municipal Science and Technology Commission, etc.
- The district FAO or municipal authority will examine the application, and if the employee is deemed to be essential to business operations, it will forward the application to the Shanghai FAO and notify the company.
- The Shanghai FAO will review the application and issue a visa notification to the MFA and the relevant Chinese embassy or consulate in the country where the employee is located, as well as a hard copy of the notification to the company. The company will fax or scan this to the employee for him/her to present at the Chinese embassy or consulate for the visa application. The hard copy has a bar code that allows the embassy or consulate to access all information collected by the Shanghai authorities. Additional information may still be required by the MFA and embassy or consulate.
- With the visa, the employee will be able to board a commercial flight or a chartered flight to China.
- When the plane arrives in Shanghai, Customs officials will board it to screen passengers. After the passengers disembark, a nucleic acid test (NAT) will be carried out at the airport. Passengers with symptoms such as fever or coughing will be subject to further medical observation at the airport. If he/she has no such symptoms, the employee will be directed to the representatives of the district of the company that made the application at the airport. The employee will be taken to a designated facility to wait for the results of the NAT, which can take up to one day.
- If the NAT result is positive, the employee will be taken by representatives of the Disease Control Centre (CDC) to designated facilities for medical observation and treatment. If the NAT is negative, the employee will be subject to a fourteen-day quarantine at the designated facility, the cost for which will be borne by the company or the individual.
Fast Track Channel:
This channel is only available to companies whose country of origin reached a bilateral fast-track agreement with China.
1. The company needs to apply to the FAO of the district where it is located (municipal authorities are not entitled to process fast-track applications). In addition to detailing why the employee wishing to travel to China is essential for business operations, the company will have to detail how it will comply with the requirements of a closed circuit for the employee, which will have to be followed for fourteen days. This includes requirements with regards to:
- residence: e.g. the employee will not be allowed to live in a residential compound, the residence will have to have separate toilets and ventilation, etc.
- transportation: there will need to be a designated car and driver to transport the employee to or from work. The employee will not be allowed to take public transportation.
- workplace: safety measures have to be implemented at the workplace to avoid contamination.
- It is recommended to confirm the detailed requirements with the authority where the application is made. The CDC will inspect and check that all the required safety measures are set up at the place of residence and work.
- The company will be required to guarantee in writing that these measures will be adhered to.
2. Once reviewed by the district FAO, the application will be sent to the Shanghai FAO.
3. The Shanghai FAO will assess the application and issue a visa notification to the MFA and the relevant Chinese embassy or consulate in the country where the employee is located. The Shanghai FAO will also send a hard copy of the notification to the company, which will have to be sent to the employee for him/her to present at the embassy or consulate for the visa application. The hard copy has a bar code that allows the embassy or consulate to access all information collected by the Shanghai authorities.
4. The employee’s visa application at the Chinese embassy or consulate will be subject to further requirements that will depend on the bilateral fast track agreement between China and the respective country. A general requirement is that the employee should not have travelled to any high-risk country within the fourteen days prior to departure and a NAT no older than the period of time specified in the fast-track agreement (e.g. for Germany 48 hours and for South Korea 72 hours).
5. With the visa, the employee will be able to board a commercial flight or a chartered flight to China.
6. Upon arrival in Shanghai, Customs officials will board the plane to screen the passengers. After the passengers disembark, a NAT will be carried out at the airport. Passenger with symptoms such as fever or coughing will be subject to further medical observations. After being brought to a designated facility, an additional serological test is required, which will require CDC representatives to draw blood samples. The CDC will also check the validity of the NAT from the country of origin. It can take up to two days to get the results, during which time the employee has to wait at the designated facility.
7. If all tests are negative, the employee will have to be picked up by a designated car and driver as per application (see above 1.) and will be subject to the closed-circuit requirements for fourteen days.
Shanghai has also reached agreements with neighbouring provinces for companies whose employees enter China through Shanghai. For those wishing to use the fast track channel, it is essential that direct transportation is ensured from the place in Shanghai where the tests are performed to the place of destination. Those who follow the regular channel will be quarantined for fourteen days at a designated facility in Shanghai.
Disclaimer: The above information is based on notes of a meeting on 22nd May to give guidance to European Chamber members. It is not meant as legal advice. Any of the steps and requirements listed above need to be confirmed by the authority in charge of the visa application.