To work in China, be careful to “the three strict bans”｜For foreigners to work in China

What are “The three strict bans” includes: prohibiting foreigners from working, entering and residing without going through legal procedures.

(1) What is illegal employment? Relevant penalties?

(2) What is illegal entry? Relevant penalties?

(3) What is illegal residence? Relevant penalties?

Work visa application & residence permit application (see the Central People’s Government Portal of the People’s Republic of China for details)

What? You can earn tens of thousands RMB a month by reporting foreigners to the police stations, and allow you to make money while walking on the road, really?

It is absolutely true!

However, the foreigners mentioned here are not common foreigners, but those violating “the three strict bans”.

Have you heard of “the three strict bans”?

The rapid development of China’s economy and the remarkable achievements in combating the epidemic have attracted more and more foreign talents to this mysterious eastern continent to find more opportunities. China has always adhered to the tenet of “Our door is always open” and welcomed talents from all over the world.

Even so, there are still some foreigners with ulterior motives who come to and stay in China illegally, disrupting the social order in China. These people are also collectively referred to as those who violating “the three strict bans”.

So what exactly does the “the three strict bans” refer to?

Since 2012, China has begun to crack down on those violating “the three strict bans”. The crackdown has been increasingly strengthened and the scope of the crackdown has gradually expanded. The relevant punishment measures have become increasingly stricter , and the legal provisions have become more and more complete. In order to raise your awareness, the editor here will introduce the penalties for illegal entry, illegal employment and illegal residence.

1. Illegal foreigners are mainly people from neighboring countries.

According to Article 40 of the “Implementation Rules of the Law of the People’s Republic of China on the Administration of the Entry and Exit of Foreigners”, foreigners who illegally enter or exit the Chinese territory may be fined not less than 1,000 yuan but not more than 10,000 yuan, or fined custody for not less than 3 days and not more than 10 days. The following detentions may also be subject to a time limit or deportation; if the circumstances are serious and constitute a crime, criminal responsibility shall be assumed according to law.

According to Article 27 of the “Law of the People’s Republic of China on the Administration of the Entry and Exit of Aliens”: For foreigners who enter the country illegally or stay illegally, the public security organs at or above the county level may detain them for examination, residential surveillance or deportation.

2. Illegal employment of foreigners is mainly concentrated in foreign language education, foreign-related performances, foreign-related housekeeping, labor-intensive industries and other fields.

According to Article 44 of the “Implementation Rules of the Law of the People’s Republic of China on the Administration of the Entry and Exit of Foreigners”: For foreigners who seek employment without the approval of the Ministry of Labor of the People’s Republic of China or its authorized departments, when terminating their employment or employment, A fine of not more than 1,000 yuan may be imposed; if the circumstances are serious, a time limit will be imposed to leave the country. Units and individuals that employ foreigners without permission may be fined not less than 5,000 yuan but not more than 50,000 yuan while terminating their employment, and they will be ordered to bear all the costs of repatriating the foreigners they employ without permission.

3. For illegally resident foreigners, according to the provisions of Articles 16, 19 and 20 of the “Implementation Rules of the Law of the People’s Republic of China on the Administration of the Entry and Exit of Aliens”, a warning or a fine of 500 yuan may be imposed for each illegal residence day, the total amount Not more than 5,000 yuan, or detained for not less than 3 days but not more than 10 days; if the circumstances are serious, they will be sentenced to leave the country within a time limit. Foreigners who violate the provisions of Articles 21 and 22 of these Implementing Rules may be given a warning or a fine of not more than 500 yuan; if the circumstances are serious, they will be given a time limit to leave the country. For foreigners who violate the provisions of Article 23 of these Implementing Rules and do not implement the decision of the public security organ, while forcing them to implement the decision, they may be given a warning or a fine of not less than 1,000 yuan but not more than 10,000 yuan; if the circumstances are serious, they may also be imposed. Departure within a time limit.

Seeing this, I believe everyone has understood that once they violate the “three strict bans”, the consequences are quite serious.

The editor believes that most foreign friends who are willing to work in China will not take illegal ways on purpose, but without knowing the policies and procedures, they may violate the strict bans unintentionally. Next, the editor has prepared a self-examination checklist for everyone. Check yourself, check the laws, check the employer, check the omissions and fill the gaps, and be fully prepared!

(1) At least 18 years old and in good health;

(2) Possess the necessary professional skills and corresponding work experience for his/her work;

(3) No criminal record;

(4) There is a definite employing unit;

(5) Hold a valid passport or other international travel documents that can replace the passport.

Regulations on the Administration of Employment of Foreigners in China (mohrss.gov.cn)

Foreigners who come to work in China must apply for the correct visa, “Permit for Foreigners to Come to China” and work-type residence permit. If it is not handled according to the regulations, it will be regarded as illegal entry and illegal employment.

Article 43 of the Exit and Entry Administration Law of the People’s Republic of China: Foreigners who have one of the following acts are considered illegal employment:

(1) Working in China without obtaining a work permit and a work-type residence permit in accordance with regulations;

(2) Working in China beyond the scope of the work permit;

(3) Foreign students who violate the work-study management regulations and work in China beyond the prescribed job scope or time limit.

1. For applicants who already hold a long-term residence permit, after obtaining the “Permit for Foreigners to Come to China”, they fail to apply for a work-type residence permit as required.

2. After entering China with a work visa, only a work-type residence permit has been applied, and the “Foreigner Work Permit in China” has not been applied. When it is necessary to extend the residence permit for work, you will be told to present the work permit.

3. The “Work Permit for Foreigners in China” and the residence permit for work are not issued by the same unit. It is common for foreign employees to change jobs. If foreigners who have been approved to work in China change their work unit or employment status, they need to apply to the Chinese labor department and public security organ for relevant change procedures.

Work Permit for Foreigners in China (beijing.gov.cn)

1. Legally established enterprise legal persons, association legal persons, private non-enterprise units, etc., have no record of serious violations of law or dishonesty. Article 34 of “Regulations on the Administration of Employment of Foreigners in China” stipulates that: Individual economic organizations and individual citizens are prohibited from employing foreigners.

2. Foreigners should work in units that have special needs, are temporarily vacant in China, and do not violate state regulations.

3. The work and salary of the foreigner employed shall not be lower than the local minimum wage standard.

4. If the laws and regulations stipulate that it should be pre-approved by the competent industry department, approval is required.

Foreigners working in China must obtain a Foreigner Work Permit. Those who have not obtained the “Foreigner Work Permit Card” in accordance with the law are not allowed to work in China. Foreigners who hold study visas cannot legally work part-time and work in China. They need to apply for an internship visa with a student visa before they can legally work part-time in China.

Finally, I wish all foreign friends to work in China all the best!