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Applicable Laws and Regulations for Foreigners Working in China  

Foreign nationals who wish to continue their stay in China must apply for a visa extension before the expiration of their current visa or residence permit. Those overstaying their visa’s or residence permit’s expiration will either receive a warning or be fined RMB 500 per day (total fine not to exceed RMB 5000). They may also be subject to detention in prison of not less than 3 days and not more than 10 days. In some circumstances, violation of this law may lead to a foreigner’s being required to leave China within an amount of time to be determined.

If any of the following are changed, the change must be reported to one’s local Public Security Bureau within 10 days: name on passport, nationality, passport number, accompanying children, place of employment, status, address, etc. Foreigners violating this law may be warned or fined not more than RMB 500.  In some circumstances, violation of this law may lead to a foreigner’s being required to leave China within an amount of time to be determined.

Any foreigner who leaves their place of registration must report to the local Public Security Bureau in their place of arrival to register within 10 days. Foreigners violating this law may be warned or fined not more than RMB 500. In some circumstances, violation of this law may lead to a foreigner’s being required to leave China within an amount of time to be determined.

All foreigners age 16 or older residing in or visiting China must at all times have their passport with them in case they are stopped by a foreign affairs police officer. Those found in violation of this law may be warned or fined not more than RMB 500. In some circumstances, violation of this law may lead to a foreigner’s being required to leave China within an amount of time to be determined.

Foreigners in China who have not been authorized by the Labor Department or its subsidiary departments and are found to be gainfully employed may be fined not more than RMB 1000 upon termination of that employment. In some circumstances, violation of this law may lead to a foreigner’s being required to leave China within an amount of time to be determined.

Foreign workers in China must work for only the employer noted on his Employment Permit.

If a foreign worker changes place of employment within the area of jurisdiction of the same permit-issuing body, he must apply for an Employment Permit change.

If a foreign worker leaves the area where he received his Employment Permit to find work elsewhere, he must then apply for a new Employment Permit.

“Employment Permits” are subject to annual inspection. To extend these permits, the bearer must go to the department that issued his visa within 30 days before the expiration date and have his visa inspected. If this process is not completed within the allotted time, the visa is automatically invalidated.

If an “Employment Permit” is lost or damaged, the bearer must immediately report to the department that issued it to reprocess the permit or obtain a temporary permit.

Anybody who make changes to an “Employment Permit” without authorization will have their permit revoked by the agency of issuance and will have their residence permit nullified by the local Public Security Bureau. If the behavior is found to be particularly egregious, the offender will be immediately repatriated.

Anybody who forges, alters, buys, sells, uses under false identity, or transfers possession of their “Employment License” or “Employment Permit” will have that permit revoked by the agency of issuance. All illegal gains made by said transaction will be confiscated, and the offender will be fined an amount of not less than RMB 10,000 and not more than RMB 100,000. If the activities are found to be criminal, the arresting agency of justice will prosecute criminal charges to the full extent of the law.

 

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