Family-Related Laws in China
Family-Related Leaves in China
Employees are entitled to a variety of leave types for addressing family-related issues.
Family-Related Visas in China
A guide to the rules and procedures for family-based visas in China.
Inheritance and Last Wills in China
Inheritance and the handling of last wills in China are governed by the Civil Code.
Family-Related Leaves in China
In China, employees are entitled to a variety of leave types under the Labor Law of the People’s Republic of China and other relevant laws and regulations. These leave entitlements include provisions for addressing family-related issues, such as marriage, maternity, paternity, bereavement, and caring for sick relatives. These leaves are part of the broader framework designed to protect workers’ rights while balancing their family responsibilities.
Marriage Leave
Employees in China are entitled to marriage leave (婚假, hūnjià) when they get married. This leave allows employees to take paid time off to celebrate their marriage and handle related formalities.
A. Eligibility
All employees who are legally marrying for the first time are eligible for marriage leave.
In some provinces or regions, employees who are remarrying after divorce or the death of a spouse may also be entitled to a form of marriage leave, but this varies by region.
B. Duration
The duration of marriage leave varies depending on the region, and employers must follow the local regulations. Generally, the leave period includes:
3 days of statutory marriage leave, as mandated by the national law.
Extended Leave: Certain provinces provide extended marriage leave as an incentive for later marriage (encouraging marriage at an older age, generally above the legal minimum age of 22 for men and 20 for women). Extended marriage leave in some provinces ranges from 7 to 15 days.
C. Paid Status
Marriage leave is fully paid, and employees are entitled to their normal wages during the leave period.
Maternity Leave
Chinese labor law provides robust protections for female employees related to pregnancy, childbirth, and postnatal care, including generous maternity leave (产假, chǎnjià). The rules aim to promote maternal and child health while ensuring job protection for women.
A. Eligibility
All female employees who are pregnant and give birth are eligible for maternity leave, regardless of their marital status or the type of employment contract (full-time, part-time, etc.).
B. Duration
The standard duration of maternity leave is:
98 days: As per national law, this includes 15 days before the expected delivery date.
Extended Leave: Many local regulations offer additional leave based on the region. This can range from 128 to 180 days. For example, cities like Beijing and Shanghai offer extended leave to encourage better postnatal care.
Additional Leave for Complications: If there are complications during childbirth (such as a cesarean section, multiple births, or health issues), additional leave days are granted (typically 15-30 extra days).
C. Paid Status
Maternity leave is generally paid. During this period, female employees are entitled to receive either their regular salary or maternity allowances through the local social insurance fund.
Paternity Leave
In recent years, Chinese labor laws have introduced paternity leave (陪产假, péichǎnjià) to support fathers in taking care of their newborns and assisting the mother after childbirth. However, the specific rules for paternity leave vary by region.
A. Eligibility
Paternity leave is available to male employees whose spouse has given birth.
Paternity leave is also available for adoptive fathers in many regions.
B. Duration
The duration of paternity leave differs across provinces and cities:
In general, paternity leave is around 7 to 30 days, depending on the local regulations. For example:
Beijing: 15 days of paternity leave.
Shanghai: 10 days of paternity leave.
Guangdong Province: 15 days of paternity leave.
C. Paid Status
Paternity leave is generally paid by the employer. Male employees receive their regular wages during this period.
Bereavement Leave
Employees in China are entitled to bereavement leave (丧假, sàngjià) in the event of the death of an immediate family member. This leave allows employees time off to grieve, attend funeral services, and handle family matters.
A. Eligibility
Immediate family members typically include:
Parents (including in-laws)
Spouse
Children
B. Duration
The duration of bereavement leave varies depending on the company policies and local regulations. Typically, bereavement leave lasts:
1 to 3 days for the death of an immediate family member. Some companies or regions may provide extended leave based on the circumstances, such as if the funeral takes place in another city or province.
C. Paid Status
Bereavement leave is generally paid. Employers are expected to provide full wages during this time.
Parental Leave for Caring for Children
In some regions, parental leave (护理假, hùlǐjià) may be granted to employees who need time off to care for a sick child or accompany a child for medical treatment. While there is no national law specifically addressing parental leave for the general care of children, many companies may include it in their policies.
A. Paid Status
The provision of parental leave for caring for children depends on company policies and local regulations. In most cases, if granted, this leave may be either paid or unpaid, depending on the employer’s discretion.
Family Care Leave (Elder Care Leave)
As China’s population ages, many regions have introduced family care leave (护理假, hùlǐjià) to allow employees to take time off to care for elderly parents who are ill or hospitalized. This leave aims to help employees balance their work responsibilities with their caregiving duties for elderly family members.
A. Eligibility
Family care leave is available to employees who need to care for their parents or in-laws, especially when they are hospitalized or facing serious health issues.
B. Duration
The duration of elder care leave varies by region, with some cities and provinces offering up to 10 to 20 days of leave per year. For example:
Guangdong Province: Offers up to 15 days of leave for employees to care for elderly parents.
Beijing: Offers up to 20 days of leave in some circumstances.
C. Paid Status
Family care leave is typically paid, with employees receiving their regular wages during the period. However, the exact payment arrangements may vary depending on local regulations and employer policies.
Sick Leave for Family-Related Medical Emergencies
In some cases, employees may request sick leave (病假, bìngjià) if they are directly involved in caring for an immediate family member undergoing a medical emergency. While sick leave is primarily intended for the employee’s own health, some employers allow the use of sick leave to address family medical crises.
A. Duration and Paid Status
The duration and paid status of this type of leave are determined by company policies and local regulations. Sick leave entitlements for family care are not universally mandated and may depend on the employer’s discretion.
Leave for Adoption
Employees who adopt children in China may also be entitled to adoption leave (收养假, shōuyǎng jià). This leave is intended to allow parents time to bond with the adopted child and handle the necessary legal formalities.
A. Eligibility
Adoption leave is available to both male and female employees who have legally adopted a child.
B. Duration
The duration of adoption leave is not standardized nationwide but is often similar to maternity and paternity leave. In many regions, female employees who adopt an infant are entitled to maternity leave, while male employees may receive paternity leave.
C. Paid Status
Adoption leave is typically paid, with employees receiving their regular wages during the leave period.
Other Leaves for Family-Related Issues
In addition to the above family-related leaves, some companies in China may offer additional leave entitlements as part of their internal policies, such as:
Annual Leave: Employees can use their annual paid leave for family matters or emergencies.
Unpaid Leave: Employees can request unpaid leave for family emergencies or other personal reasons, though this is subject to the employer’s discretion.
Flexible Work Arrangements: Some companies allow flexible work schedules or remote work arrangements to accommodate employees’ family responsibilities.
Family-Related Visas in China
Foreigners who have family relationships with Chinese citizens or with foreigners legally residing in China can apply for various types of visas to live, visit, or stay in China. The specific visa types, rules, and procedures for family-based visas are governed by the Exit and Entry Administration Law of the People’s Republic of China and related regulations.
Q Visa (Family Visit Visa)
The Q visa is issued to foreigners who have family members in China. It comes in two forms: Q1 for long-term residence (over 180 days) and Q2 for short-term visits (less than 180 days).
A. Q1 Visa (Long-Term Family Reunion Visa)
The Q1 visa is issued to foreigners who are coming to China to reunite with their Chinese family members (spouse, parents, children, or grandparents) or foreign family members who are permanent residents in China. This visa is ideal for those planning to live in China long-term with family.
Eligibility: Foreigners who are:
Spouses of Chinese citizens.
Children (under 18 years old) of Chinese citizens.
Parents, grandparents, or other close family members of Chinese citizens or foreigners with permanent residency in China.
Duration of Stay: The Q1 visa is for long-term residence. After entering China, the visa holder must apply for a residence permit at the local Public Security Bureau (PSB) within 30 days. The residence permit can typically be renewed and may be issued for 1 to 5 years, depending on the specific circumstances and local regulations.
Documents Required:
Passport (valid for at least six months with blank visa pages).
Completed visa application form.
Recent passport-sized photo.
Proof of relationship (such as a marriage certificate, birth certificate, or other legal documents).
Invitation letter from the Chinese citizen or foreign family member residing in China, including details of the relationship and the purpose of the visit.
Copy of the inviter’s Chinese ID (for Chinese citizens) or residence permit (for foreign residents).
Application Procedure:
Apply at a Chinese embassy or consulate in the foreigner’s home country or current country of residence.
Upon arrival in China, apply for a residence permit at the local Exit and Entry Administration office of the PSB within 30 days.
B. Q2 Visa (Short-Term Family Visit Visa)
The Q2 visa is for foreigners visiting their relatives in China for short-term stays. This visa is suitable for short family visits or temporary stays.
Eligibility: Foreigners visiting immediate family members (spouse, parents, children, or other close relatives) who are either Chinese citizens or foreign permanent residents in China.
Duration of Stay: The Q2 visa is usually granted for up to 180 days per visit. The visa may allow multiple entries and can be issued for up to 10 years, depending on the applicant’s nationality.
Documents Required:
Passport (valid for at least six months with blank visa pages).
Completed visa application form.
Recent passport-sized photo.
Proof of family relationship (e.g., marriage certificate, birth certificate).
Invitation letter from the Chinese citizen or foreign resident relative.
Copy of the inviter’s Chinese ID or residence permit.
Application Procedure:
Apply at a Chinese embassy or consulate in the foreigner’s home country or current country of residence.
No need to apply for a residence permit in China, as this visa is for short-term visits.
S Visa (Private Visit Visa)
The S visa is issued to foreigners visiting family members who are legally residing in China. Similar to the Q visa, it has two types: S1 for long-term stays (over 180 days) and S2 for short-term visits (less than 180 days).
A. S1 Visa (Long-Term Private Visit Visa)
The S1 visa is designed for foreign family members of foreigners who are legally residing in China (for work, study, or other long-term purposes). This visa allows the holder to stay in China long-term to accompany or care for the family member.
Eligibility: Foreigners who are:
Spouses of foreigners legally residing in China.
Parents of foreigners legally residing in China.
Children (under 18 years old) or other immediate family members of foreigners legally residing in China.
Duration of Stay: The S1 visa is for long-term stays. After entering China, the visa holder must apply for a residence permit at the local PSB within 30 days. The residence permit can typically be renewed and may be issued for 1 to 5 years, depending on the specific circumstances.
Documents Required:
Passport (valid for at least six months with blank visa pages).
Completed visa application form.
Recent passport-sized photo.
Proof of relationship (such as a marriage certificate, birth certificate, or other legal documents).
Invitation letter from the foreign resident family member, stating the purpose of the visit and details of the relationship.
Copy of the inviter’s residence permit or visa for China.
Application Procedure:
Apply at a Chinese embassy or consulate in the foreigner’s home country.
Upon arrival in China, apply for a residence permit within 30 days at the local Exit and Entry Administration office.
B. S2 Visa (Short-Term Private Visit Visa)
The S2 visa is designed for short-term visits to foreign family members residing in China. This visa is ideal for brief family visits or stays that do not require a long-term residence permit.
Eligibility: Foreigners visiting family members (spouse, parents, children, or other immediate relatives) who are legally residing in China for work, study, or other long-term purposes.
Duration of Stay: The S2 visa is usually granted for up to 180 days per visit. Depending on the applicant’s nationality, the visa may allow multiple entries for up to 10 years.
Documents Required:
Passport (valid for at least six months with blank visa pages).
Completed visa application form.
Recent passport-sized photo.
Proof of family relationship (e.g., marriage certificate, birth certificate).
Invitation letter from the foreign resident family member.
Copy of the inviter’s residence permit or visa for China.
Application Procedure:
Apply at a Chinese embassy or consulate in the foreigner’s home country or current country of residence.
No need to apply for a residence permit in China, as this visa is for short-term visits.
Dependent Visa for Foreign Permanent Residents
Foreigners with permanent residency in China (holding a “green card”) can sponsor their foreign family members to live with them in China under a dependent visa.
Eligibility:
Spouses, children, or parents of foreigners who hold permanent residency in China.
Duration of Stay:
The dependent visa allows for long-term residence in China and can be extended or renewed according to the duration of the foreign resident’s permit or at intervals set by local authorities.
Documents Required:
Passport.
Proof of family relationship (e.g., marriage or birth certificate).
Invitation letter from the permanent resident.
Copy of the foreigner’s permanent residency card.
4. Procedures for Applying for Family-Based Visas
Application Submission:
Applicants must apply for family-based visas (Q, S, or dependent visas) at the Chinese embassy or consulate in their home country or the country where they are currently residing.
Required Documents:
Applicants must complete the visa application form, submit a passport photo, and provide relevant supporting documents, such as proof of family relationship and an invitation letter from the family member in China.
Processing Time:
Processing times for family visas typically range from 4 to 7 business days. Expedited service may be available for an additional fee.
Residence Permit Application (for long-term visas):
For Q1 and S1 visa holders, after arriving in China, the foreigner must apply for a residence permit at the local Exit and Entry Administration office within 30 days of entry.
The residence permit is the actual authorization allowing the foreigner to reside in China long-term.
Health Check Requirement:
For certain long-term visas (e.g., Q1, S1, and dependent visas), applicants may be required to undergo a medical examination to complete their residence permit application.
Renewal and Extensions:
Residence permits issued under family visas can be renewed or extended by applying at the local Exit and Entry Administration office before the permit expires.
Other Family-Related Visa Considerations
Re-Entry: Visa holders should ensure that they apply for a multiple-entry visa if they plan to leave and re-enter China frequently.
Residence Permits for Children: Children of foreign nationals who are born in China should apply for a visa or residence permit within 60 days of birth.
Illegal Overstay Penalties: Overstaying a visa or failing to apply for a residence permit in a timely manner can result in fines, detention, or deportation.
Inheritance and Last Wills in China
Inheritance and the handling of last wills in China are governed by the Civil Code of the People’s Republic of China, specifically under the section related to inheritance law. The rules and procedures apply to both Chinese nationals and foreigners, though specific considerations exist for foreigners, particularly concerning property and other assets located in China.
Key Legal Frameworks Governing Inheritance in China
China’s inheritance laws are primarily regulated by the Civil Code, which came into effect on January 1, 2021. The Civil Code provides a unified set of regulations that apply to inheritance matters, including the rights of heirs, the execution of wills, and the distribution of the deceased’s estate. For foreigners, these regulations apply to assets located in China, regardless of the nationality of the deceased or the heirs.
A. Key Principles of Inheritance in China
Applicable Law: The inheritance of property in China follows Chinese laws, particularly for immovable property (like land and real estate) located in China.
Foreign Law Application: Under certain circumstances, the inheritance rights of foreigners may be governed by their home country’s laws if both the deceased and heirs are foreigners and the property is not located in China.
Equal Rights: Chinese law grants equal inheritance rights to heirs regardless of gender or nationality. Foreigners, as heirs or beneficiaries, have the same rights as Chinese nationals when inheriting property or assets in China.
Inheritance Without a Will (Intestate Succession)
If a person (whether foreigner or Chinese) dies without leaving a will, their estate will be distributed according to China’s laws of intestate succession, which outline a hierarchy of heirs.
A. Heir Categories in Intestate Succession
First Order Heirs:
Spouse
Children (including biological, adopted, and children born out of wedlock)
Parents (including biological, adoptive, and step-parents who fulfilled parental duties)
Second Order Heirs (if no first-order heirs exist):
Siblings
Grandparents
Distribution:
First-order heirs will inherit the estate equally. If there are no surviving first-order heirs, the second-order heirs will inherit equally.
In cases where a surviving heir has made significant contributions to caring for the deceased or their estate, they may be entitled to a larger share of the inheritance.
B. Special Considerations for Foreigners:
Inheritance of Immovable Property: Foreigners are allowed to inherit immovable property (such as real estate) in China under the same rules as Chinese citizens.
Foreign Currency and Asset Transfers: Inheritance that involves transferring money or assets from China to a foreign country may be subject to certain foreign exchange regulations. Foreign heirs need to handle the proper documentation for cross-border asset transfers.
Inheritance with a Will (Testamentary Succession)
China recognizes the right to create a last will and testament (遗嘱, yízhǔ) to distribute an individual’s estate according to their wishes. Foreigners with assets in China can create wills under Chinese law or their national law, depending on the circumstances.
A. Types of Wills Recognized in China:
Holographic Will: A will written and signed entirely by the testator (the person making the will).
Written Will: A will made in writing and witnessed by at least two qualified witnesses.
Notarized Will: A will that is made in writing and notarized by a public notary. Notarized wills take precedence over other types of wills if there are multiple conflicting wills.
Oral Will: In emergency situations, a person can make an oral will, which must be witnessed by two or more people. This is only valid if the testator dies in the emergency or becomes unable to make a written will afterward.
Audio-Visual Will: A will recorded via audio or video, with at least two witnesses present.
B. Validity of Wills:
For a will to be legally valid in China, it must be created by a person of full mental capacity who is at least 18 years old.
The will must not conflict with the statutory inheritance rights of certain family members, such as a spouse, children, and parents, who are entitled to a mandatory share of the inheritance, even if not explicitly mentioned in the will (known as the compulsory portion).
C. Foreigners and Wills:
Application of Foreign Law: If a foreigner owns assets in China but is domiciled abroad, Chinese courts may recognize the laws of their home country for the creation and validity of their will.
Dual Jurisdictions: Foreigners who hold property both in China and in other countries may need to create separate wills under Chinese law (for their China-based assets) and under the law of their home country for assets abroad.
Inheritance Procedures for Foreigners in China
Foreigners inheriting property in China must follow specific legal procedures to transfer the deceased’s assets. This process generally involves filing legal claims with local authorities and courts, particularly for immovable property such as real estate.
A. Steps for Inheriting Property in China:
Obtain a Death Certificate: The first step is to obtain an official death certificate for the deceased, issued by the hospital or local authority where the death occurred.
Submit the Will (if applicable): If the deceased left a will, it must be submitted for verification. If the will is foreign, it may need to be translated into Chinese and notarized. A notarized will has the highest legal standing in China.
Apply to the Court (for intestate cases): If no will exists, the heirs must apply to the local people’s court to start the process of inheritance. The court will then distribute the estate according to Chinese intestate succession laws.
Notarization of Inheritance: The inheritance process often requires notarization. Foreign heirs must have their relationship to the deceased legally recognized, which may involve notarization of foreign documents (such as birth certificates or marriage certificates) and translation into Chinese.
Transfer of Property: After all necessary documents have been submitted and approved, the inheritance of immovable property (like real estate) must be registered with the local land and property registration authority to transfer ownership to the heir(s).
Taxes and Fees: China currently does not impose an inheritance tax. However, heirs may be responsible for paying other administrative fees and may be subject to foreign tax obligations if they are transferring assets abroad.
Key Considerations for Foreigners Inheriting in China
A. Immovable Property Ownership by Foreigners:
Foreigners can inherit immovable property in China, but they must comply with Chinese property ownership laws. In general, a foreigner can only own one residential property in China for personal use.
B. Transfer of Funds Abroad:
Foreign heirs who inherit monetary assets or wish to sell inherited property in China and transfer the funds abroad must comply with China’s foreign exchange regulations. The inheritance must be properly registered, and documentation must be provided to the bank handling the transfer to ensure that the money can be legally remitted to another country.
C. Recognition of Foreign Wills:
Foreign wills concerning assets in China are generally recognized, but they must be translated into Chinese and meet the requirements for notarization in China. If the will is not notarized, Chinese courts may apply Chinese law to determine the distribution of assets.
D. Mandatory Inheritance Rights:
Certain heirs, such as spouses, parents, and children, have the right to a compulsory share of the deceased’s estate under Chinese law. A will cannot fully disinherit these heirs unless they have legally forfeited their inheritance rights.
Legal Disputes and Inheritance Litigation
Foreigners involved in inheritance disputes, either with other heirs or regarding the validity of a will, must resolve the matter in Chinese courts. China’s judicial system is responsible for settling inheritance disputes concerning property and assets located in China.
A. Contesting a Will:
A will can be contested in a Chinese court if there are allegations of fraud, coercion, or the mental incapacity of the testator at the time the will was made.
B. International Inheritance Disputes:
If foreign nationals are involved in international inheritance disputes, Chinese courts will generally apply Chinese law to property located in China but may recognize foreign judgments or legal principles if the property is located abroad.
