Hengshi Fan

Hengshi Fan is an employment and immigration attorney practicing at Yingke Law Firm (Yancheng Office), serving clients in Yangzhou and throughout Jiangsu Province. Mr. Fan has accumulated 15 years of professional experience since his admission to the Jiangsu Bar Association, specializing in work permit applications, visa compliance, and employment-related legal matters for both foreign nationals and Chinese enterprises. He earned his LL.B. from Nanjing University, a leading institution for legal education in China.

Practice Philosophy and Approach

Mr. Fan's practice addresses the regulatory challenges that companies face when hiring international talent in China. He has extensive experience guiding foreign companies through the work permit and residence permit application process, advising on the classification of work permits (Category A, B, and C), documentation requirements, and compliance with the State Administration of Foreign Experts Affairs regulations. He understands the practical challenges that foreign companies and expatriates face when navigating Chinese immigration procedures and provides clear, structured guidance at every stage of the application process. For overseas clients, he frames Chinese procedure in practical terms: what documents are needed, which authority decides the issue, how long filings typically take, and where administrative channels or formal dispute resolution is more efficient.

Work Permit and Visa Practice

Mr. Fan handles the full range of work permit and visa matters for foreign nationals seeking to work in China. He advises on the appropriate visa category for each client's circumstances, prepares and submits work permit applications to the relevant provincial authorities, and manages the transition from work permit to residence permit through the Public Security Bureau. He assists with work permit renewals, changes of employer, and extensions, ensuring that clients maintain continuous lawful status throughout their assignment in China. He also advises on the legal requirements for dependent visas for family members accompanying foreign workers.

For companies sending employees to China on short-term assignments, Mr. Fan advises on the visa options available, including the M business visa for short-term business activities and the Z work visa for longer-term employment. He reviews the specific activities proposed to ensure they fall within the permitted scope of each visa category and advises on the risks of engaging in work activities without appropriate authorization.

Employment Law and Compliance

Mr. Fan handles employment contract review, non-compete agreements, and termination matters for foreign employees. He advises both employers and employees on the legal framework governing employment relationships in China, including the Labor Contract Law, social insurance obligations, and individual income tax requirements for foreign workers. His employment dispute resolution practice extends to wrongful termination claims, salary disputes, and social insurance compliance matters. He represents clients in labor arbitration proceedings and administrative hearings before labor inspection authorities, ensuring that both parties' rights are protected under applicable law. He also advises on the legal implications of cross-border employment arrangements and secondment agreements for multinational corporations.

Client Communication and Engagement

Mr. Fan does not promise specific outcomes. His commitment is to thorough case preparation, accurate legal analysis, and diligent representation within the framework of Chinese law and professional ethics. Engagement terms, fee arrangements, and communication protocols are confirmed at the outset of each matter. Clients receive regular updates on case progress, upcoming deadlines, and decisions requiring their input. Based at Yingke Law Firm, one of China's largest international law firms, he has access to a national network of resources for handling multi-jurisdictional matters.

Representative matters handled by Mr. Fan include work permit applications for multinational corporations relocating employees to China, employment contract disputes involving foreign executives, and compliance advisory for companies hiring international talent in Jiangsu Province. His experience across the full range of employment and immigration law enables him to advise clients with practical authority at every stage of their matter. Mr. Fan also advises on the legal implications of cross-border data transfers in the context of international employment arrangements, including the requirements of the Personal Information Protection Law for transferring employee data outside China, and the documentation needed to establish lawful bases for such transfers under applicable regulations. Mr. Fan also advises on the legal framework for cross-border remote work arrangements, including the visa requirements for foreign employees working remotely from China, the tax implications of extended remote work periods, and the social insurance considerations when employees split their time between China and other jurisdictions.

Social Insurance and Tax Compliance

Mr. Fan advises both employers and employees on social insurance obligations for foreign workers in China, including mandatory participation in pension, medical, unemployment, work-related injury, and maternity insurance schemes. He also advises on the totalization agreements between China and certain countries that may exempt foreign workers from dual social insurance contributions, and the procedures for claiming benefits under these agreements. On tax matters, he provides guidance on the individual income tax treatment of foreign employees, including the application of tax treaties, the calculation of tax liabilities for different types of compensation, and the reporting requirements for foreign individuals earning income in China.