More and more foreigners are coming to China to work, live, and study. Foreigners working in China are required to obtain work permits and work residence permits in accordance with regulations. In addition, the aspects that foreigners need to pay attention to when working and living in China are summarized as follows to avoid illegal employment.
Employers: There are no serious violations or dishonesty records, and this job should have special needs as there is a lack of suitable talent in China. It is not allowed to violate Chinese laws and pay foreign employees wages that are not lower than the local minimum wage standard.
Employee: The employee should be at least 18 years old, in good health, with no criminal record, have a formal employer in China, and possess the professional skills or knowledge required for the job. Work should adapt to the needs of economic and social development, and employees should be urgently needed and scarce professional talents.
Attention：
1.Obtain work permits and work residence permits in accordance with regulations.
2.Do not exceed the work permit limit area.
3.Cannot exceed the scope and time limit of the job position.
4.Within 30 days after entering the country, please apply for a residence permit from the relevant department.
5.During work and life in China, please make sure to bring your passport or other international travel documents, or foreign residence permit with you. When the public security organs need to inspect, you need to actively cooperate with the inspection.
6.Foreign students studying abroad must obtain the consent of the school before applying for a residence permit, and go to the relevant management department to add information on their residence documents, including the location and duration of work study or internship. Otherwise, they will not be able to work, study, or intern in China.
7.If your accommodation address in China has changed, please bring the necessary documents to the relevant management department of the local public security organs and promptly handle the accommodation registration change procedures.
Legal basis：
Article 43 of the Exit Entry Administration Law of the People’s Republic of China:
Foreigners who engage in any of the following behaviors are considered illegal employment:
(1) Those who work within China without obtaining work permits and work-related residence permits in accordance with regulations;
(2) Working within China beyond the scope of the work permit;
(3) Foreign students who violate the regulations on work study programs and work within China beyond the prescribed job scope or time limit.
Article 80 of the Exit Entry Administration Law of the People’s Republic of China:
Foreigners who engage in illegal employment shall be fined not less than 5000 yuan but not more than 20000 yuan; Those with serious circumstances shall be detained for not less than five days but not more than fifteen days and fined not less than 5000 yuan but not more than 20000 yuan.
Article 30 of the Exit Entry Administration Law of the People’s Republic of China:
Foreigners holding visas that indicate the need to apply for residence permits upon entry shall apply for residence permits for foreigners within 30 days from the date of entry to the entry and exit management agency of the public security organs of the local people’s government at or above the county level in the intended place of residence.
Article 38 of the Exit Entry Administration Law of the People’s Republic of China:
Foreigners over the age of 16 who stay and reside in China shall carry their own passport or other international travel documents, or foreign residence permits, and accept inspection by public security organs.
Article 22 of the Exit Entry Administration Law of the People’s Republic of China:
Foreigners holding study type residence permits who need to work, study, or intern outside of school should apply for residence permits with the consent of their school, and add information such as work, study, or internship location and duration to the entry and exit management agency of the public security organs.
Foreigners holding study residence permits who do not include the information specified in the preceding paragraph in their residence permits are not allowed to work, study, or intern outside of school.
Article 33 of the Exit Entry Administration Law of the People’s Republic of China:
The registration items for a foreigner’s residence permit include the holder’s name, gender, date of birth, reason for residence, duration of residence, date and location of issuance, passport or other international travel document number, etc.
If there is a change in the registration items of a foreigner’s residence certificate, the holder of the certificate shall apply for the change to the entry and exit management agency of the public security organ of the local people’s government at or above the county level within ten days from the date of the change in the registration items.
