The New Exit and Entry Regulations

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The New Exit and Entry Regulations (新出入境管理法), taking effect on July 1, 2013, is an amendment to the Exit and Entry Regulations, for foreigners, adopted in 1985.

The regulations are revised to attract more foreign professionals and regulate the burgeoning human resources market in China.

The new regulations are ratified with the establishment of a “talent introduction visa”, with which the country is expected to introduce high-caliber personnel. The regulations also include a temporary entry system for the first time, eligible for foreigners, who need to enter into the country due to unforeseen circumstances or emergencies.

Besides, the regulations also stipulate the working conditions, which include a work permit and a residence certificate, for foreigners.

Foreign students are not allowed to work without authorization and those who are illegally employed will be fined between 5,000 yuan (US$815) to 20,000 yuan. They can also be detained for 15 days or deported if the cases are serious.

And the employers could also pay fines ranging from 10,000 yuan to 100,000 yuan. Any gains resulted from illegal employment will be confiscated.

Any foreigners who illegally stay in the country will face a warning and a fine up to 5,000 yuan, according to the regulations. They can also be detained for five to 15 days, fined up to 10,000 yuan and deported if the cases are serious.

The new law states that the minimum stay for foreigners holding work permits will be 90 days, while the period of validity for a residence permit will range from 180 days to five years.

Foreigners, who commit violations, may be deported and are not allowed to enter the country for 10 years.

The regulations also promulgate the collection of fingerprints and other biometric data from people entering and exiting the country.

China has two exit-entry laws that respectively apply to foreigners and Chinese nationals.

There were 54.35 million foreigners, in 2012, entering and exiting China, a number 36 times larger than in 1980.