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Penalties working in China without permission |
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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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Last Updated ( Friday, 05 June 2009 )
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