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New Immigration Law

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The National People’s Congress Standing Committee passed a new Exit-Entry Administration Law on 30th June this year to replace the Law of the PRC on Entry and Exit of Aliens and the Law of the PRC on Exit and Entry of Citizens. Coming into effect on 1st July 2013, the new draft regulations represent the biggest overhaul to PRC immigration law since 1985 that aims to standardise management of the entry/exit process and maintain PRC sovereignty, security and social order while also promot- ing exchange with the world.

China still lacks fully developed administrative laws and related authorities to deal with large-scale migration and give clear guidance in respect of the employment of for- eigners. Administrative responsibilities shared between numerous departments, such as the local public security bureau, the Ministry of Foreign Affairs and various other authorities cause ambiguity and uncertainty. In addition, rules are subjectively interpreted in different regions with decisions falling at the discretion of authorities on a case by case basis. Implementation of the new draft regulations offers the chance for an integrated legal system that gov- ern immigration related issues under PRC law.

Under the new draft, the minimum validity for residential work permits for foreigners will be slashed from 180 days to 90 days pursuant to Article 30. This shall impact short-term workers although long-term residents will still be eligible to apply for work permits valid for 180 days to 5 years.

Furthermore, foreigners who hold a visa that allows a maximum stay of 180 days need no longer apply for a separate residence certificate. When extending visas, ap- plication should be made seven days prior to the current visas’s expiration. According to Article 30, in the case of visas of longer validity than 180 days, application for resi- dence certificate must be made within 30 days of entry. Pursuant to Article 47, permanent residence may be grant- ed to foreigners who make outstanding contributions to China’s economic and social development.

Another important change regards the collection of bio- metrical data. Aliens who apply for residence certificates shall be required to submit biometric information such as fingerprints.

The new draft regulation also outlines penalties for illegal employment in China. Under Article 80, a foreigner who works illegally in China may personally be fined between ¥5,000 and ¥20,000. Foreigners who severely violate laws and regulations may be subject to 5 to 15 days detention. Employers who illegally take on foreign staff face a fine of ¥10,000 per illegal employee up to a maximum of ¥100,000.

In addition to offering clearer guidelines in relation to foreigners’ entry, stay and employment in China, the new draft regulation also creates harsher punishments and tackles the longstanding problem of foreigners receiving preferential treatment over local workers. Nevertheless, the vital question remains whether the new regulations shall be enforced according to the strict letter of the law.

Disclaimer
This article is intended solely for informational purposes and does not constitute legal advice. Although the information in this article was obtained from reliable official sources, no guarantee is made with regard to its accuracy and completeness. For more information please visit dandreapartners.com or WeChat: dandreapartners.
 

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