《中华人民共和国外国人入境出境管理条例》 Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners

December 13,2021

Reference:Website of the State Council of People's Republic of China

Link: http://english.www.gov.cn/archive/laws_regulations/2014/09/22/content_281474988553545.htm


Article 23 A foreigner who does not hold a valid passport or other international travel documents due to loss, damage, destruction, theft, robbery or other reasons and cannot get the said passport or documents reissued by the relevant institution of his own country stationed in China may apply for exit formalities to the exit and entry administration authority of the public security organ of the local people's government at or above the county level in the place of his or her stay or residence.

Article 25 In one of the following circumstances, a foreigner shall be deemed to be residing in China illegally:

(1) The applicant's stay or residence exceeds the duration specified in his or her visa, stay permit or residence permit;

(2) The applicant overstays the visa-free period and fails to obtain a stay permit or residence permit;

(3) The activities of the applicant go beyond the restricted area of stay or residence;

(4) Other circumstances where foreigners reside illegally.

Article 34 In one of the following circumstances, the visa, stay permit or residence permit held by a foreigner shall be declared null and void by the issuing authority:

(1) His or her visa, stay permit or residence permit is lost, damaged, destroyed, stolen or robbed;

(2) The time limit for his or her exit, repatriation or deportation from China has been decided, and his or her visa, stay permit or residence permit has not been confiscated or canceled;

(3) The original purpose of residence has been changed, but he or she fails to report to the exit and entry administration authority of the public security organ within the prescribed time limit and fails to do so even after the said organ has given a public notice thereon;

(4) Circumstances in which a visa or residence permit shall not be issued as prescribed by the provisions of Article 21 or Article 31 of the Exit and Entry Administration Law.

Where the issuing authority is to declare visa, stay permit or residence permit null and void in accordance with law, it may do so on the spot or through a public notice.

Article 35 In one of the following circumstances, the visa, stay permit or residence permit held by a foreigner shall be canceled or confiscated by a public security organ:

(1) The issuing authority declares it null and void, or it is being used fraudulently by someone else;

(2) It is forged, altered or obtained by fraud or other illegal means;

(3) The holder has been decided on a time for exit, repatriation or deportation from China.


Rules for the Administration of Employment of Foreigners in China

Reference:Website of Ministry of Human Resources and Social Security

Link: http://www.mohrss.gov.cn/xxgk2020/fdzdgknr/zcfg/bmgz/202011/t20201103_394769.html (It is a Chinese version, no official English version)


Article 8 Foreigners seeking employment in China shall hold the Z-type visas for their entry (In the case of an agreement for mutual exemption of visas, the agreement shall prevail, and may work within Chinese territory only after they obtain the Work Permit for Foreigners (hereinafter referred to as the "Work Permit") and the foreigner residence permit.

Foreigners who have not been issued a residence permit (i.e. holders of F, L, C or G-type visas), and those who are under study or internship programs in China and the families of holders of Z-type Visas shall not work in China.In special circumstances, the employer may apply for a permit in accordance with the examination and approval procedures stipulated in these Rules. The employed foreigners may then change their identity with the public security organs with the permit, and apply for employment and residence permits before employment.

Article 16 Foreigners who received their Employment Permit should, within thirty days after entry, apply for the residence permit with the public security organs, bringing with them their Employment Permit. The term of validity of the residence permit may be determined in accordance with the term of validity of the Employment Permit.

Article 24 For foreigners whose residence status are revoked by public security organs due to a violation of Chinese law, their labor contract should be terminated by their employers and their Employment Permit should be withdrawn by the labor administrative authorities.

8610-6275-1520/6463

8610-6275-1240

syn@pku.edu.cn

South Pavilion of Peking University, No. 5 Yiheyuan Road, Haidian District, Beijing, China

Copyright by Office of International Relations, Peking University

8610-6275-1520/6463

8610-6275-1240

syn@pku.edu.cn

South Pavilion of Peking University, No. 5 Yiheyuan Road, Haidian District, Beijing, China

Copyright by Office of International Relations, Peking University