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Which provinces actually have the 5 year rule 4 foreigners?
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Longer



Joined: 08 Jan 2016
Posts: 28

PostPosted: Thu Feb 11, 2016 6:28 am    Post subject: Which provinces actually have the 5 year rule 4 foreigners? Reply with quote

I'm talking about the regulation they use to make foreign workers move every 5 years (for reasons I still do not understand). I know Hubei and Fujian have it, but what about the other 30 provinces. Does anyone have a link on this? Does anyone know the reason for this stupid law? Imagine finding a GF or BF in another Province where her/his family lives and then having to move to another Province? China has no shortage of dumb laws IMO.
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Babala



Joined: 28 Jan 2005
Posts: 1303
Location: Henan

PostPosted: Thu Feb 11, 2016 9:55 am    Post subject: Reply with quote

I think it is still selective by city/school. I know of schools in Sichaun and Shandong that enforce it. I was turned down by a university in Shandong for this reason. I applied to two universities in Henan a year ago. One said they couldn't hire me due to the rule but the other (where I currently work) had no issue with it.
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SH_Panda



Joined: 31 May 2011
Posts: 455

PostPosted: Thu Feb 11, 2016 11:39 am    Post subject: Re: Which provinces actually have the 5 year rule 4 foreigne Reply with quote

Longer wrote:
I'm talking about the regulation they use to make foreign workers move every 5 years (for reasons I still do not understand). I know Hubei and Fujian have it, but what about the other 30 provinces. Does anyone have a link on this? Does anyone know the reason for this stupid law? Imagine finding a GF or BF in another Province where her/his family lives and then having to move to another Province? China has no shortage of dumb laws IMO.


Try having a wife and kid here like me. I'm in my 5th year now and no idea what's going to happen yet Crying or Very sad
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Shanghai Noon



Joined: 18 Aug 2013
Posts: 589
Location: Shanghai, China

PostPosted: Thu Feb 11, 2016 11:51 am    Post subject: Reply with quote

Shanghai doesn't enforce it, but they sometimes require a medical exam after five years.
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OhBudPowellWhereArtThou



Joined: 02 Jun 2015
Posts: 1168
Location: Since 2003

PostPosted: Thu Feb 11, 2016 8:40 pm    Post subject: Reply with quote

I agree with Babala. I actually know of only one school who has imposed a time limit on a foreign teacher. He was given notice after two years. The school said that it was enforcing its own two-year policy. Coincidentally, he was morbidly overweight, a diabetic, and a not-so-good teacher.

He wasn't sent out of the country. The school just didn't renew* its contract.








*Changed to read "renew"


Last edited by OhBudPowellWhereArtThou on Sat Feb 13, 2016 5:59 am; edited 1 time in total
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wangdaning



Joined: 22 Jan 2008
Posts: 3154

PostPosted: Fri Feb 12, 2016 1:54 am    Post subject: Reply with quote

SH_Panda, don't worry too much. I am approaching 8 years, have a wife and child, also. Was worry in my 6th year, only wife then no child, and my place of employment had alternative methods worked out. I was able to renew my res permit and everything has been fine since. I would guess it is down to how educated in the laws the person processing things is. You could just ask your manager about it and see what they say. If they have no clue, it might be a bad sign, but it might make them look into it.
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lionheartuk



Joined: 03 Jun 2005
Posts: 173
Location: Guangdong

PostPosted: Fri Feb 12, 2016 2:37 am    Post subject: Reply with quote

I am in Guangdong and have been at the school for 8 years and now into a new contract. I have been married for 9 years to a Chinese woman and have had no problems with the 5 year rule or any rule.
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jimpellow



Joined: 12 Oct 2007
Posts: 913

PostPosted: Fri Feb 12, 2016 9:09 pm    Post subject: Reply with quote

I am not sure how one could tell one to worry or not worry about it. It really seems to depend on where one is located.

Yeah, this law is quite stupid. I have read from informed sources that it stemmed from Chinese labor law. The position would open up again, and possibly a Chinese worker could fill it.

I have also read that it was related to taxation. A foreigner was apparently exempt from income tax if they spent less than five years in the same provence/position. It gets convoluted here, but certainly stupid now as foreigners are generally now liable for income and social tax from day one.

Don't know if a straight answer exists on this one. In terms of dealing with it, a poster on a recent thread stated that the school would redefine the position as a workaround. Good luck!
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wangdaning



Joined: 22 Jan 2008
Posts: 3154

PostPosted: Sat Feb 13, 2016 12:51 am    Post subject: Reply with quote

jimpellow wrote:
I am not sure how one could tell one to worry or not worry about it.


I didn't say don't worry, I said do worry too much. I also mentioned discussing with the employer. This is the only way to get a somewhat clear picture. When I talked with mine they had already worked out that if my RP renewal was refused then they would modify my position to get a new RP.
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SH_Panda



Joined: 31 May 2011
Posts: 455

PostPosted: Sat Feb 13, 2016 1:09 am    Post subject: Reply with quote

lionheartuk wrote:
I am in Guangdong and have been at the school for 8 years and now into a new contract. I have been married for 9 years to a Chinese woman and have had no problems with the 5 year rule or any rule.


Apprently Guangdong doesn't have the 5 year rule. That's what I've got from reading around.
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SH_Panda



Joined: 31 May 2011
Posts: 455

PostPosted: Sat Feb 13, 2016 1:11 am    Post subject: Reply with quote

wangdaning wrote:
jimpellow wrote:
I am not sure how one could tell one to worry or not worry about it.


I didn't say don't worry, I said do worry too much. I also mentioned discussing with the employer. This is the only way to get a somewhat clear picture. When I talked with mine they had already worked out that if my RP renewal was refused then they would modify my position to get a new RP.


Thanks wangdaning.

I'm not too worried, It seems to be loosely enforced, and I've been in China long enough to know there are always ways to solve problems like this.
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mike w



Joined: 26 May 2004
Posts: 1071
Location: Beijing building site

PostPosted: Sat Feb 13, 2016 6:24 am    Post subject: Reply with quote

I've never come across this rule, but that isn't to say it doesn't exist. Rules, and the way they are applied, or not applied, changes from province to province, and even between cities/towns within the same province. It can be applied today, and treated like it doesn't exist tomorrow. I've heard that some SCHOOLS try to use it to off-load older teachers (apparently younger teachers are more acceptable to Chinese parents, especially in kindy and middle schools).

I have never come across anyone who has been affected by this 'rule'.

It has certainly never affected me during my 18 years here (middle school, high school, university, language mill, corporate) - just coming up to my10th. anniversary in the same job.
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NiHaoDaJia



Joined: 07 Aug 2014
Posts: 118

PostPosted: Sat Feb 13, 2016 11:23 am    Post subject: Reply with quote

This rule is important and useful even though it may not be enforced everywhere. The reason is that after too many years out of our own country, we may become rusty as to our original language and culture. We still know basics but may no longer be up to date on the latest English usage, patterns, vocabulary and so on. So, after five years in China, it is ideal to go back to our own country to refresh for minimum two years. For example, in my case, I would go back to America for a while. After that period, we may return to China as foreign guests again for a new period of five years.
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schwa



Joined: 12 Oct 2003
Posts: 164
Location: yap

PostPosted: Sat Feb 13, 2016 11:44 am    Post subject: Reply with quote

NiHaoDaJia wrote:
This rule is important and useful even though it may not be enforced everywhere. The reason is that after too many years out of our own country, we may become rusty as to our original language and culture. We still know basics but may no longer be up to date on the latest English usage, patterns, vocabulary and so on. So, after five years in China, it is ideal to go back to our own country to refresh for minimum two years. For example, in my case, I would go back to America for a while. After that period, we may return to China as foreign guests again for a new period of five years.

Comedy gold.
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spiral78



Joined: 05 Apr 2004
Posts: 11534
Location: On a Short Leash

PostPosted: Sat Feb 13, 2016 12:20 pm    Post subject: Reply with quote

Quote:
We still know basics but may no longer be up to date on the latest English usage, patterns, vocabulary and so on.


Just like Chinese citizens living abroad forget all but the basics of their native language after five years, eh? Wink Rolling Eyes
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