The Working Rules for Public Security Departments to Handle Criminal Record Checks released by The Ministry of Public Security (“Working Rules”), entered into force on 31 December 2021. It allows an employer to directly check the criminal records of certain employees and candidates (for hire), provided that such inspection complies with the employment prohibitions prescribed in the laws and regulations. By following the Working Rules, employers can now independently verify the criminal records of senior staff members.

Before making an employment offer in China, it is typical for businesses to conduct background checks on prospective seekers. Common requirements can be criminal records, educational background, qualifications, and references from previous employers. According to relevant law and regulations, only persons without any criminal convictions may perform certain jobs.

Applicants must obtain a Certificate of No Criminal Conviction (“CNCC”) from a local public security bureau before performing such jobs (“CNCC Jobs”). According to Article 217 of the PRC Company Law, these rules concern senior managers such as the manager, the deputy manager and the person in charge of financial affairs of a company. The secretary of a board of directors of a listed company and the other persons specified in a company’s articles of association are also included.

Anyone that has been sentenced to any criminal penalty due to an offense of bribery, corruption, misappropriation of property, encroachment of property, as well as for a period of five years after a judgment cannot take the position of director or senior manager as indicated in the article 217.

Chinese citizens’ criminal records are stored in government databases administered by the Ministry of Public Security and its local counterparts.

Until now, employers were not allowed to check criminal records directly in the Criminal Record Database.

The Working Rules require the employer to submit a cover letter, a valid certificate of identity of the person handling the request, a background check request form sealed with the employer's official stamp, and other relevant information that can demonstrate that the individual is the employer's employee or is expected to be employed by the employer.

The background check request form should explicitly state the specific legal provision that supports such request.

The criminal information obtained through the examination are strictly confidential and must not be disseminate or used such information for other purposes.

With this new tool, employers are facilitated in conducting the background check on a job applicant, that is a critical step in the hiring process.