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People's Daily Online>>China Society

China mulls law against illegal employment of foreigners

By Liu Xiaolin (People's Daily Overseas Edition)

08:35, December 29, 2011

Edited and translated by People's Daily Online

The 24th Session of the 11th National People's Congress reviewed the draft of Law on the Control of the Exit and Entry of Aliens for the first time on Dec. 26.

In view of the commonly seen phenomenon of "illegal entry, illegal residence and illegal employment" of aliens in China in recent years, the draft stipulates that foreign citizens shall firstly obtain a work permit and a residence permit for work purposes in order to work in China.

Yang Huanning, Vice Minister of Public Security, said the management of foreigners’ stay, residence and employment needs to be strengthened.

To strictly control the employment of general foreign labor force in China

The draft stipulates that the department in charge of human resources under the State Council should formulate and periodically adjust the Guidance Catalogue for Foreigners Working in China according to economic and social development requirements and human resources supply and demand situations. Employers of foreigners shall check their work permits and residence permits for work purposes.

The draft stipulates that the following behaviors are illegal employment: a foreigner who works without work permit; a foreigner works beyond the range of his/her work permit; and a foreign student works beyond the prescribed range of positions or time limit.

According to the draft, foreigners suspected of the three illegal behaviors can be detained for inspection, and the detainment period for foreigners whose nationality and identity are unknown shall be count down since the day when their nationality and identity are recognized.

Foreigners conducting the three illegal behaviors may be repatriated, and foreigners who have been repatriated are not allowed to enter China in five years from the date of repatriation.

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