The easy guide to employee background checks in China

Here’s each type of check in more detail:

• Criminal records search. The job applicant must request a Certificate of Non-Criminal Conviction (CNCC certificate) from their local security bureau. This certificate proves they have no criminal record. The process requires a letter from the employer introducing themselves and requesting this information. Criminal records from Macau, Hong Kong, or Taiwan are not included in those CNCCs and should be ordered separately, if necessary.
• Employment history. Contact the HR or payroll departments of your new hire's previous employers to verify their dates of employment, reason for leaving, and other basic information. You may need proof of your potential hire’s consent to obtain this from their past employers.
• Reference check. You can contact any references provided by a new hire for employment verification.
• Work authorization. You can ask for proof that a new hire is legally allowed to work in China. This may be proof of citizenship or a work visa, such as a Z visa.
• Educational background and qualifications. The website for the China Higher Education Student Information and Career Center (CHESICC) is authorized by the PRC Ministry of Education and you may be able to check your applicant’s credentials against their list. You can also ask the potential employee to provide a certificate issued by the CHESICC. If the applicant has provided a diploma, then you are allowed to check its veracity with the issuing institution. For certifications and special qualifications, examine the website of the relevant domestic professional organization or, if you have consent from the potential employee, reach out to said group directly.
• Social media profiles. Employers are legally allowed to look through any public social media information a new hire has posted and to scroll through publicly available information online about their potential new hire.

What types of background checks are illegal in China?

• Seeking criminal records directly from the Criminal Record Database. Applicants must be the ones to obtain their Certificate of No Criminal Conviction from their local police.
• Questions about marital status, childbearing status, restricting birth as a condition of employment, or asking potential employees to take a pregnancy test. 
• Information irrelevant to the job. Under Chinese data protection laws, you should only seek information that will directly impact day-to-day work.

Workplace discrimination based on ethnicity, gender, age, household registration, disability, medical status, and sexual orientation is, unfortunately, common in China. However, these characteristics should not impact your hiring, nor should they be the subject of a background check—or else you could risk legal issues. More and more legal cases are protecting China’s diverse workforce against discrimination. For example, in 2020, a Beijing court ruled that an e-commerce site called Beijing Dangdang Information Technology had illegally fired a transgender employee for absenteeism after she took time off for gender-affirming care. The employee was reinstated and paid her overdue salary.

When should you conduct Chinese employee background checks?

Chinese employee background checks should be conducted as part of the pre-employment screening process, typically after you’ve issued a conditional job offer, meaning that the job offer is contingent on the successful completion of a background check and the applicant’s ability to legally work in China. 

Employers should also provide written notice to the job applicant that a background check will be conducted and obtain their signed consent. If you need the employee to gather any documentation, such as the CNCC or diplomas, also include that information.

The easiest way to run a background check on a Chinese employee or contractor

Several different companies can run background checks on employees in China, including Rippling, where background checks are directly integrated into the onboarding flow. 

Just enter basic hiring info like salary and start date, and Rippling will send the offer letter and new hire paperwork—and automatically run a legally compliant background check and e-verify the results. See Rippling today.

Background check mistakes to avoid in China

• Assuming background checks in China are the same as in the US. Though you may be operating a US company, background checks are different in China. While the United States has a standard set of data that most employers collect regardless of whether it’s necessary for the role, Chinese law maintains that employers need to collect the least amount of relevant data as possible.
• Collecting too much data. Chinese laws are strict about minimum data collection—obtain only what’s necessary. 

• Not getting employee consent. Under the Personal Information Protection Law of the PRF, employees must give informed consent on any background check. Explain what data you’re collecting, how it will be protected, and why it’s needed. Have them sign a consent form.
• Failing to have your candidate notify references. Because of privacy laws, former employers should be notified by your applicant that you’ll be reaching out about their employment history. Alternatively, you could give the reference a copy of the signed consent.
• Trying to get criminal history yourself. You won’t be able to seek criminal records directly from China’s Criminal Record Database and having an agency do this on your behalf could put you at risk. Because the Criminal Record Database is considered a state secret, buying records from an investigator could be a legal liability. What’s more, because criminal records are considered private, obtaining those records yourself could be viewed as a privacy infringement. Therefore, your applicants must be the ones to obtain their CNCC from the local authorities.
• Skipping the background check. Because of the various laws and requirements, doing background checks on global hires can seem overwhelming—and it may be tempting to skip it altogether. But background checks are an important part of employee onboarding, and help protect you and your company, especially in China where it’s not uncommon to fake diplomas, certificates, and other qualifications.

Rippling makes it easy to run background checks in China.

Frequently asked questions about background checks in China

Are background checks legal in China?

Under the Labor Contract Law of the People’s Republic of China, employers are allowed to obtain basic information about their employees. However, background checks are only legal in China as long as they are in alignment with Chinese privacy laws. Employers can ask for information relevant to the job, such as education verification (like a copy of a diploma), employment history information, references, and even criminal records. However, employers need to have informed consent from any job applicants before conducting further background checks. They can only verify the information they’ve already requested from the potential employee, must secure any personal information gathered, and only use the information to make an informed hiring decision.

What language do you use for background checks in China?

Some elements of a background check may require knowing Chinese or the local language. The documents may be written in Standard Chinese, and communicating with educational institutions or references may require speaking Mandarin, Cantonese, or a local language. What’s more, official documents like job offers, employment agreements, and consent for background checks should be written and delivered to your employee in Chinese. These are legal documents and, should a dispute arise, you do not want misinterpretations or mistranslations. 

How do privacy laws affect background checks in China?

China has very strict laws protecting employee data under the Personal Information Protection Law of the PRC, which impacts background checks. Employers need to obtain consent from their potential new hire and background checks should only focus on verifying relevant information already supplied during the job hiring process rather than uncovering new, sensitive information. Hong Kong has similar data collection laws to the PRC.

In addition, privacy laws and cybersecurity laws dictate that any personal data that’s collected during background checks should be protected with appropriate security safeguards. 

Do different industries in China require different background checks?

Different jobs may necessitate gathering different information from the applicant about their qualifications. Common industries for background checks in China include legal services, financial services, government, education, energy, construction, healthcare, manufacturing, and transportation. Any position which requires licensing, registration, or certification is likely to be checked, as are potential employees who are foreigners (not Chinese citizens) or previously resided overseas.

How far-reaching are criminal background checks?

The applicant can request their police certificate from the local authorities. This police clearance only confirms that they have no convictions within that jurisdiction. For foreigners, the certificate only verifies that they have no convictions during the time they were living in that city. If they have lived in multiple places in China, the potential employee might have to request multiple police certificates. The only exception is in Guangdong, which does issue certificates covering anywhere the individual has lived in that province. 

What are the benefits of running background checks in China?

Background checks come with many benefits for employers, including:

• Enhanced security. Background checks can help filter out job applicants who would pose a threat to the company or its employees, for example, in the case of someone who has a history of violence.
• Protection against negligent hiring. Companies can be held responsible for hiring employees who later engage in public misconduct. Background checks reveal past misconduct, helping mitigate this risk.
• Better hiring quality. Background checks help filter out candidates with discrepancies or inconsistencies in their work or educational backgrounds. They verify that applicants are who they say they are, and that their stated qualifications are accurate.
• Protection from occupational fraud. Background checks protect your company's reputation by helping avoid dishonest and fraudulent job seekers.
• Regulatory compliance. If your employee needs certain certifications or licensing to do their job, checking that they’re qualified beforehand will reduce compliance risks.

Onboard new hires and run background checks with Rippling

With Rippling's Talent Management System, you can seamlessly onboard new hires and set them up for success. Just enter basic hiring info like salary and start date, and Rippling does the rest—including running a legally compliant background check and e-verifying the results.

Ready to hit the ground running with every new hire? See Rippling today.

Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.