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Applicable Laws and
Regulations for Foreigners Working in China |
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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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