Basic knowledge you should know about foreigners related Laws and Regulations , PRC


1.How to  extend  the  duration of  residence for foreigners?

Foreigners residing in China who apply for the extension of the duration of residence shall, within 30 days prior to the expiry of the validity period on their residence permits, file applications with the exit/entry administrations of public security organs under local people’s governments at or above the county level, and submit relevant information of specific application matters in accordance with relevant requirements.




2.How to deal with exchanging or reissuing the ordinary visa, stay or residence permits held by foreigners due to damage, loss, theft, robbery or other reasons in compliance with relevant state regulations after the foreigners entered China?

 Where ordinary visas, stay or residence permits held by foreigners need to be reissued due to damage, loss, theft, robbery or other reasons in compliance with relevant State regulations after foreigners enter China, those foreigners shall apply for a reissue with the exit or entry administrations of public security organs under local people’s governments at or above the county level in the places of stay or residence in accordance with relevant regulations.




3.Shall foreigners who stay or reside in China engage in activities not corresponding to the purpose of stay or residence?

 Foreigners who stay or reside in China shall not engage in activities not corresponding to the purpose of stay or residence, and shall leave China prior to the expiry of the prescribed duration of stay or residence.



4. Shall foreigners who stay or reside in China carry with them their passports or other international travel documents?

Foreigners having reached the age of 16 who stay or reside in China shall carry with them their passports or other international travel documents, or foreigners’ stay or residence permits, and accept the inspection of public security organs.

Foreigners who reside in China shall, within the prescribed time limit, submit foreigners’ residence permits to public security organs under local people’s governments at or above the county level in the places of residence for examination.



5.What procedures shall be followed by foreigners who reside or stay in domiciles other than hotels? What punishment shall be done for persons who  don’t follow the procedures?

 For foreigners who reside or stay in domiciles other than hotels, they or the persons who accommodate them shall, within 24 hours after the foreigners’ arrival, go through the registration formalities with the public security organs in the places of residence.

Persons concerned fail to go through registration formalities in accordance with the provisions,a warning shall be given, and a fine of not more than RMB 2,000 yuan may also be imposed.




6.What procedures shall be followed by foreigners who hold a residence permit for study and need to work or externship to support their study in China?

  Where a foreigner holding a residence permit for study intends to engage in off-campus work-study or internship, he or she shall, upon the approval of the school, apply to the exit and entry administration authority of the public security organ to have such information as the location and duration of the work-study program or internship placement specified in his or her residence permit.

 A foreigner holding a residence permit for study shall not engage in any off-campus work-study or internship unless the information prescribed in the preceding paragraph is specified in his or her residence permit.




7.What procedures shall be followed by foreigners who work in China?

 Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.




8.What acts of foreigners shall be deemed unlawful employment in China?

 Any of the following acts of foreigners shall be deemed unlawful employment:

(1)Work in China without obtaining work permits or work-type residence permits in accordance with relevant regulations.

(2)Work in China beyond the scope prescribed in the work permits.

(3)Foreign students work in violation of the regulations on the administration of foreign students working to support their study in China and work beyond the prescribed scope of jobs or prescribed time limit.




9.What acts of foreigners shall be deemed illegal residence in China?

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.




10.What punishment shall be done for foreigners who illegally reside in China?

 Foreigners who reside in China illegally shall be given a warning; where circumstances are serious, they shall be imposed with a fine of RMB 500 yuan per day, with a cap of RMB 10,000 yuan in total, or be detained for not less than five days but not more than 15 days.

 Where guardians or other persons responsible for guardianship fail to perform the guardian obligation and result in foreigners below 16 years of age residing in China illegally, the said guardians or other obligated persons shall be given a warning and may also be fined not more than RMB 1,000 yuan.

And foreigners may be repatriated in compliance with laws .Repatriated persons shall not be allowed to enter China for one to five years, calculating from the date of repatriation.





11. What punishment shall be done for persons who illegally work in China?

  Foreigners who work in China illegally shall be fined not less than RMB 5,000 but not more than RMB 20,000 yuan.

 Where circumstances are serious, they shall be detained for not less than five days but not more than fifteen days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan. And foreigners may be repatriated in compliance with laws .Repatriated persons shall not be allowed to enter China for one to five years, calculating from the date of repatriation.

 Persons who introduce jobs to ineligible foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to one foreigner, with a cap of not more than RMB 50,000 yuan in total.And entities that introduce jobs to ineligible foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to one foreigner, with a cap of RMB 100,000 yuan in total; and the illegal gains, if any, shall be confiscated.




12. What situations shall the entity that employs a foreigner or admits a foreign student report to exit and entry administration authorities of  Public Security Organ in time?

 Upon discovery of one of the following circumstances, the entity that employs a foreigner or admits a foreign student shall, in a timely manner, report to the exit and entry administration authority of the public security organ of the local people’s government at or above:

(1) A foreigner employed resigns or changes employment location.

(2) A foreign student admitted has graduated, completed his or her course(s) or study, has quit school, or has left the school ungraduated.

(3) A foreigner employed or a foreign student admitted violates the provisions on administration of exit and entry.

(4) A foreigner employed or a foreign student admitted dies, disappears or other serious circumstances arise.





13. What legal liabilities shall be taken by foreigners who join gang fighting, chase or intercept other persons, take by force/damage / occupy public and private property or pick a quarrel and make trouble?

    A person who commits any of the acts shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than RMB 500 yuan.

  If the circumstances are relatively serious, he shall be detained for not less 10 than days but not more than 15 days and may, in addition, be fined not more than RMB 1,000 yuan.



14. What legal liabilities shall be taken by foreigners who assaulted others in China, or harmed bodies of others on purpose?

 A person who beats up another person, or intentionally hurts the body of another person shall be detained for not less than 5 days but not more than 10 days and shall, in addition, be fined not less than RMB 200 yuan but not more than RMB 500 yuan.

  If the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than RMB 500 yuan. A person who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days and shall, in addition, be fined not less than RMB 500 yuan but not more than RMB 1,000 yuan.

(1) Beating up or hurting another person in a gang.

(2) Beating up or hurting a disabled person, a pregnant woman, or a person who has not attained to the age of 14 or who is over 60 years old.

(3) Beating up or hurting another person for  more than twice, or beating up or hurting more than two persons once.




15. What legal liabilities shall be taken by foreigners who joined gang fighting in China?

 Where people are gathered to engage in affrays, the ringleaders and the active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; the ringleaders and the active participants who fall under any of the following categories, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years:

(1) Gathering people to engage in affrays repeatedly.

(2) The number of people gathered to engage in affrays is large and so is the scale, thus bringing about a bad effect on society.

(3) Gathering people to engage in affrays in public places or on vital traffic lines and causing serious public disorder.

(4) Gathering people to engage in affrays with weapons.Where people are gathered to engage in affrays, thus causing serious injury or death to a person, he shall be convicted and punished.




16. What legal liabilities shall be taken by foreigners who undertook burglary, fraud, open plunder, blackmail and extortion?

 A person who steals, defrauds, forcibly seizes, openly robs, extorts or intentionally destroys public or private property shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than RMB 500 yuan; if the circumstances are relatively serious, he shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than RMB 1,000 yuan.




17. What legal liabilities shall be taken by foreigners who undertook prostitution or went whoring in China?

    A prostitute or a person who goes whoring shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than RMB 5,000 yuan; if the circumstances are relatively minor, she or he shall be detained for not more than 5 days or be fined not more than RMB 500 yuan.  

 A person who, at a public place, touts for prostitution or invites another person for whoring shall be detained for not more than five days or be fined not more than RMB 500 yuan.






Note

1.Foreigners applying for a residence permit must have a passport valid for at least six months. If your passport is valid for less than six months,you need to replace it with a new one in time.

2.If Foreigners need to continue to stay  for humanitarian reasons, they should submit a residence permit and related supporting documents.The residence permit can be issued for a period of stay of up to 30 days, and it can only be issued once in general.








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