Posted by Vera Tse

The new PRC Exit-Entry Administration Law came into effect on July 1, 2013. The new law is stricter in regulations to both foreigners and Chinese nationals. Moreover, more details in implementation are added. For foreigners, especially who obtain or want to obtain China working visa, the following items should be paid attention to:

1. The new law makes a distinction between the work-type residence permits of foreigners and the non-work-type ones. The work-type residence permits will be valid from 90 days to 5 years while the non-work-type ones from 180 days to 5 years. Foreigner woking in China shall obtain both work permit and work-type residence permit. No any unit can hire foreigner who doesn’t obtain the two permits mentioned above. Apply for an work-type residence permits, passport or other international travel certificates, relevant application written materials and biological recognition information like fingerprint are needed. (Article 30 and 41)
2. The new law first clearly states situations of illegal working in China that includes the following (Article 43):
#Working in China without obtaining work permits and work-type residence permit
#Working in China out of working range regulated by his/her work permit
#Foreign student violates the regulation of work-study, including out of limitations of  working types and working time.

A foreigner can be subject to a fine for illegal working from RMB 5,000 to RMB 20, 000; For cases of gross violation, a  sentence of 5 to 15 days’ detention and a fine from RMB 5,000 to RMB 20, 000 can be imposed.

Introduce foreigner for illegal working, a fine from RMB 5,000 to RMB 20, 000 per person can be subject to personal  and RMB 5,000 to RMB 100, 000 per person can be subject to unit. Illegal gains will be confiscated.

Applicant and Chinese employment unit shall be responsible for the authenticity of the invitation of application of working visa and work-type residence permit and other documents. For illegal employment, a fine of RMB 10, 000 to RMB 100, 1000 per person can be subject to employer and illegal gains will be confiscated. (Article 19 and 80)

3. The new law specifies the measurements can be taken by law enforcement officers while the old one doesn’t. The law enforcement officers can inspect the suspects on site or continuous inspection, even detention if suspicion can not be removed. Repatriation can be taken for affirmative illegal working foreigner. If a foreigner is repatriated, he/she might not be able to enter China in the coming 1 to 5 years. (Article 59, 60 and 62)

4. Renewal of working visas will now need 15 working days processing time wherin the customs will keep your passport and you won’t be able to travel outside of Shenzhen.

More information:

Beijing to Require “Certificate of No Criminal Conviction” for Foreigners’ Employment Licenses

The Englsih Version (non-official): Exit‐EntryAdministration Lawofthe People’s Republic of China

The Chinese Version: 中华人民共和国出境入境管理法