Foreigners living in China, must abide by Chinese laws, hold valid visas or residence permits. Please read carefully the following laws and regulations, to avoid illegal residence and illegal employment in China.

 

“Exit and Entry Administration Law of the People’s Republic of China”

 

Article 37 Foreigners who stay or reside in China shall not engage in activities not corresponding to the purpose of stay or residence, and shall leave China prior to the expiry of the prescribed duration of stay or residence.

 

Article 41 Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.

The administrative measures for foreigners working in China shall be stipulated by the State Council.

 

Article 43 Any of the following acts of foreigners shall be deemed unlawful employment:

　　(1) Work in China without obtaining work permits or work-type residence permits in accordance with relevant regulations;

　　(2) Work in China beyond the scope prescribed in the work permits; or

(3) Foreign students work in violation of the regulations on the administration of foreign students working to support their study in China and work beyond the prescribed scope of jobs or prescribed time limit.

　　

Article 78 Foreigners who reside in China illegally shall be given a warning; where circumstances are serious, they shall be imposed with a fine of RMB 500 yuan per day, with a cap of RMB 10,000 yuan in total, or be detained for not less than five days but not more than 15 days.

　　Where guardians or other persons responsible for guardianship fail to perform the guardian obligation and result in foreigners below 16 years of age residing in China illegally, the said guardians or other obligated persons shall be given a warning and may also be fined not more than RMB 1,000 yuan.

 

Article 80 Foreigners who work in China illegally shall be fined not less than RMB 5,000 but not more than RMB 20,000 yuan; where circumstances are serious, they shall be detained for not less than five days but not more than fifteen days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan.

　　Persons who introduce jobs to ineligible foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to one foreigner, with a cap of not more than RMB 50,000 yuan in total; and entities that introduce jobs to ineligible foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to one foreigner, with a cap of RMB 100,000 yuan in total; and the illegal gains, if any, shall be confiscated.

Individuals or entities that illegally employ foreigners shall be fined RMB 10,000 yuan for each illegally employed foreigner, with a cap of RMB 100,000 yuan in total; and the illegal gains, if any, shall be confiscated.

 

Article 81 Where foreigners engage in activities not corresponding to the purposes of stay or residence, or otherwise violate the laws or regulations of China, which makes them no longer eligible to stay or reside in China, they may be ordered to exit China within a time limit.

　　Where a foreigner’s violation of this Law is serious but does not constitute a crime, the Ministry of Public Security may deport them. The penalty decision made by the Ministry of Public Security shall be final.

　　Deported foreigners shall not be allowed to enter China within 10 years calculating from the date of deportation.

　　

“Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners”

Article 22 Where a foreigner holding a residence permit for study intends to engage in off-campus work-study or internship, he or she shall, upon the approval of the school, apply to the exit and entry administration authority of the public security organ to have such information as the location and duration of the work-study program or internship placement specified in his or her residence permit.

A foreigner holding a residence permit for study shall not engage in any off-campus work-study or internship unless the information prescribed in the preceding paragraph is specified in his or her residence permit.

 

Article 25 In one of the following circumstances, a foreigner shall be deemed to be residing in China illegally:

　　(1) The applicant’s stay or residence exceeds the duration specified in his or her visa, stay permit or residence permit;

　　(2) The applicant overstays the visa-free period and fails to obtain a stay permit or residence permit;

　　(3) The activities of the applicant go beyond the restricted area of stay or residence;

　　(4) Other circumstances where foreigners reside illegally.