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Publicity of Exit-Entry laws and regulations
Say NO to Illegal Employment!
Author:        Time:2021-03-09 09:45        hits:


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Leo, came to China with a tourist visa and started working for a school as a foreign teacher without working permit. Immigration department noticed this and arrested him. Leo was fined 5000 yuan and the school that employed him was fined 10000 yuan.

Article 41 (1) of the law on the administration of exit and entry

 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 80 of the exit and Entry Administration Law

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.

 

 

Working with Student visa

Luke has a Chinese student visa but decided to work without work visa. Luke was dreaming of making a fortune, he was arrested by the immigration police and was detained for 10 days and fined 10,000 yuan. kindergartens that employed himwere fined 10,000 yuan and his illegal income was 

confiscated.

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Article 43 of the exit and Entry Administration Law

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.



Performing Artist

 

Group of foreign dancers was checked by the immigration police and noticed that only one of them have legal document to work. They were fined 50000 yuan and their illegal income was confiscated.

Article 43 of the Exit and Entry Administration Law

 

An alien who commits one of the following acts shall be considered as illegal employment: (1) working in China without obtaining a work permit and work residence certificate in accordance with the provisions; (2) working in China beyond the scope of work permit; (3) foreign students who, in violation of the regulations on the Administration of work study assistance, work in China beyond the prescribed post scope or time limit.

 

 

Peter is an international student from China he found a part-time job through the Internet, with a monthly salary of more than 6000 yuan,  However, it did not last long. The immigration police arrested him and ordered him to leave the country within a time limit. After being punished, Peter didn't leave the country at the required time. Instead, he quietly "went back to his old business" and was arrested again within a month. After 15 days of administrative detention, he was deported and was not allowed to enter the country for three years.

Article 62 of the law on the administration of exit and entry

Under any of the following circumstances, foreigners may be repatriated:

  (1) Are ordered to exit China within a prescribed time limit but fail to do so;

  (2) Are involved in circumstances in which they are not allowed to enter China;

  (3) Illegally reside or work in China; or

  (4) Need to be repatriated for violation of this Law or other laws or administrative regulations.

  Other overseas personnel who fall under any of the circumstances prescribed in the preceding paragraph may be repatriated in accordance with the law.

  Repatriated persons shall not be allowed to enter China for one to five years, calculating from the date of repatriation.

 

 

 

Article 4 of the relevant procedures for foreigners to complete short-term tasks upon entry

Foreign performing groups and individuals who enter the country for short-term business performances shall hold the approval document issued by the competent department of culture and the short-term work certificate in China; those who enter the country to complete other short-term work tasks shall hold the foreign employment permit certificate and work certificate issued by the human resources and social security department.



Source: National Immigration Administration

 

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