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Four highlights of China’s new Exit-Entry Administration Law

(People's Daily Online)

16:30, July 03, 2012

On June 30, the 11th Standing Committee of the National People’s Congress, China’s top legislature, concluded its 27th meeting and passed a new Exit-Entry Administration Law. Chinese President signed the presidential decree No. 57 to promulgate the decision.

The new law includes targeted provisions concerning new situations and problems facing exit-entry administration. It is a distinct improvement on the old one, and has four highlights.

Highlight 1: Harsher punishments for foreigners who illegally enter, reside, or work in China.

The new law contains tougher provisions for illegal immigration, residence, or employment of foreigners.

A stricter visa issuance system will be adopted to prevent illegal immigration, residence, or employment of foreigners at its source. Employers or individuals should send invitation letters to foreigners according to the new law, and be responsible for the authenticity of the information in the letters. Applicants who provide fake documents or who cannot afford their stay in China will be denied a visa.

The management of foreigners living in China will be enhanced. Foreigners’ application for residence certificates and inspection of their residence certificates will be standardized. Citizens, companies, and other organizations should report clues about foreigners who illegally enter, live, or work in China to local police departments in a timely fashion.

The management of foreigners working in China will be enhanced. Foreigners must obtain work and residence permits to work in China. The new law defines illegal employment as foreign nationals working without a work or residential permit or working beyond the scope of the work permit, and foreign students working beyond the scope or time limit of their permit.

The new law specifies which agencies have the right to investigate and deport foreigners who illegally enter, live, or work in China. Police departments above the county level or exit-entry frontier inspection stations can legally question and detain foreigners suspected of illegally entering, living, or working in China.

Foreigners who illegally enter, live, or work in China are subject to fines or detention, and may also be ordered to leave China within a certain period of time. Those who fail to leave within that period of time may be deported and prohibited from entering the country again for one to five years.

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