Draft law on exit and entry administration“中华人民共和国出境入境管理法(草案)”
China aims to curb the illegal entry, stay and employment of the foreigners. This new draft law has been implemented to replace the Law of The PRC on Entry and Exit of Aliens 中华人民共和国外国人入境出境管理法 and Law of The PRC on Entry and Exit of Citizens 中华人民共和国公民出境入境管理法. The previous two laws are repealed.
If a foreigner holds a visa allowing a maximum stay of 180 days, s/he doesn’t need to apply for a residence certificate. If the visa allows a stay longer than 180 days and a residence certificate is needed, s/he must apply for it within 30 days upon the entry of the country. The entry and exit department of the Public Security Bureau shall review within 15 days after the submission of the materials. If the foreigner wants to extend the stay period, the application must be submitted to the entry and exit department at least 30 days before the certificate expires.
Foreigners making outstanding contributions to the economic and social development of China can now also apply for a permanent residence certificate. Foreigners applying for refugee status in China can obtain a temporary residence certificate allowing them to remain in the country during the review period. Any person formally recognized as a refugee will be permitted to stay in China with the relevant ID certificate.
If the new draft laws are passed into law in its present form, it will give the police and the Ministry of Foreign Affairs authority to issue regulations concerning the use of biometric information for border control purposes.
The draft regulations also set forth a range of new penalties for working illegally in China. Foreigners who work illegally in China will be fined between Rmb 5,000 and Rmb 20,000, and in serious situations, may be subject to detention from 5 to 15 days. Persons introducing or facilitating foreigners to take up illegal employment or illegally employing foreigners will be fined Rmb 5,000 per illegal employee, subject to a cap of Rmb 50,000.