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Penalties working in China without permission

Luckily my employer takes care of all the formalities related to working in China (Foreign Expert Certificate + Work Visa), but I often see stories about people who work in China without the right paperwork. I wouldn't advice to do this; it's much safer to register and go through the paperwork. 

So what are the penalties if you don't do it? It was not so easy to find out (I'm not a layer), but it seems the document "Rules Governing the implementation of the law of the People's Republic Of China on the Entry and Exit of Aliens " lists the relevant rules:

Chapter VII - Penalties

 

  • Article 40 Aliens who illegally enter or exit China may be fined from 1000 to 10000 Yuan(RMB)or detained from 3 to 10 days and may simultaneously be ordered to leave the country within a specified time or expelled from the country.Those whose offences are serious enough to constitute a crime shall be prosecuted for criminal responsibility according to law.
  • Article 42 Aliens who illegally stay in China in contravention of the provisions of Articles 16,19 and 20 of the present Rules may be served a warning,fined 500 Yuan per day for the period of his/her illegal stay in China with the total sum of fine not exceeding 5000 Yuan,or detained from 3 to 10 days.Those whose offences are serious may at the same time be ordered to leave the country within a specified time.
  • Aliens who violate Article 21 and 22 of the present Rules may be served a warning,or fined up to 500 Yuan.and those whose of fences are serious may at the same time be ordered to leave the country within a specified time.
  • Aliens who violate Article 23 Of the present Rules and fail to carry out the decision of the public security organs may, while being compelled to carry out the decision,be served a warning or fined from 1000 to 10000 Yuan.Those whose offenses are serious shall be ordered to leave the country within a specified time.
  • Article 43 Aliens who,in contravention of the provisions of Articles 24 and 25 of the present Rules,fail to submit their residence certificates for examination as required or to carry their passports or residence certificates with them or refuse to produce their certificates to police for examination may be served a warning or fined up to 500 Yuan,and those whose offences are serious may at the same time be ordered to leave the country within a specified time.
  • Article 44 Aliens who found employment without permission from the Ministry Labor of the People's Republic of China or its authorized departments shall have their posts or employment terminated and may at the same time be fined up to 1000 Yuan,and those whose offenses are serious may at the same time be ordered to leave the country within a specified time. Units and individuals who employ aliens without permission shall terminate employment of the said aliens and may at the same time be fined from 5000 to 50000 Yuan,and be ordered to cover all the expenses of repatriating aliens whom they had employed.
  • Article 45 Whoever is held responsible for failing to register accommodation or report such registration to the public security organ,or for accommodating aliens without valid certificates in contravention Of the provisions Of Chapter IV of the present Rules may be served a warning or fined from 50 to 500 Yuan.
  • Article 46 Aliens who travel to areas closed to aliens without prior permission in contravention of the provisions of Articles 34,and 37 of the present Rules may be served a warning or fined up to 500 Yuan,and those whose offenses are serious may at the same time be ordered to leave the country within a specified time.
  • Article 47 Aliens who forge,alter,misuse,transfer,buy or sell visas or certificate shall have the said visas, certificates and illicit income revoked or confiscated and may be fined from 1000 to 10000 Yuan or detained from 3 to 10 days, and may at the same time be ordered to leave the country within a specified time, and those who's offenses are serious enough to constitute a crime shall be prosecuted for their criminal responsibility according to law.

 

So the summary:

if you work illegally, you can get fined and be ordered to leave the country. I imagine it will be very hard to apply for a new visa to China after you were forced to leave once.

Also read my articles about registering correctly :)

 

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Fiya  - responsibility is unclear   |125.116.64.xxx |2011-03-29 01:18:50
So its all about the if's and what's but what if you are one who has been subject to this.

I was caught a few months ago illegally working in China. It came as a massive shock to me as my boss told me everything was being arrange and sorted. I was under all illusions until the police came knocking at my office door looking for me. Whether someone in the company had a bad exit or what, I do not know to this day. Only I paid the price for it all

I got told its my responsibility for my own reputation and this is true. however, when your employment contract issued by the gvt stipulates that your visa is the responsibility of your employer, you engage trust in this. Well i certainly did. I had no reason to doubt that this was going to be an issue, until knock knock knock/

So at the hands of a dishonest boss and a dodgy company, i suffer the direct consequences of " its all being arranges, what are you worrying about, this is china and get used to it" came and slapped me on the face.

I truly believe that if a company wants to hire a foreign member of staff, it should be for them to research and implement to the local visa laws and no punish both the employer and employee for such legalities. what can i do to erase this error that i have barred no influence on but simply engaged my trust in my boss. Why am i being penalized???
D   |74.215.122.xxx |2011-12-09 06:49:09
in any countries, you shouldn't believe your boss.

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