China Introduces Stricter Enforcement Against Unlawful Entry, Stay and Work

August 30, 2012:

As a reminder, new legislation in China was passed in June to introduce stiffer penalties against unlawful entry, stay and work. Under the new legislation, the following will take effect starting July 1, 2013:

  • Unlawful employment is defined as (1) working without a valid work permit and residence permit; (2) working outside the location or scope of responsibilities stated in a work permit; (3) working outside the scope of a student permit (in some cases, student permit holders may be authorized to engage in part-time work);
  • Employers will be fined 10,000 RMB for every unlawful worker to a max of 100,000 RMB. Any monetary gains made with the use of unlawful workers may also be forfeited;
  • Employers are responsible for reporting suspected noncompliance to immigration laws to local police. Also, employers are subject to penalties ranging from 10,000 RMB to 50,000 RMB for submitting falsified information; and
  • Foreign nationals are required to register accommodations within 24 hours nationwide.

Additionally, the Public Security Bureau and immigration officers are now able to question, investigate, and detain foreign nationals suspected of breaking laws at ports of entry, as well as the ability to collect biometric information.

This new legislation has also introduced a new Visa category for highly talented foreign nationals in order to attract high-caliber foreign nationals from overseas to work and live in China (more information expected in the future).

Also introduced is a new permanent residence program for foreign nationals who make “outstanding contributions to China’s economic and social development” or who meet existing permanent residence requirements to apply for permanent residence status directly to the Ministry of Public Security (more information expected in the future).

Again, as these changes do not take effect until July 1, 2013, we recommend that corporations take this opportunity to carefully review their protocols and make sure that immigration processes for assignees into China are strictly adhering to the proper procedures.

This relo-lert is for informational purposes only. If you have any questions, feel free to contact All Points Relocation at [email protected]

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