What are the new contents of the new Entry-Exit Administration Law?

20 12 On June 30th, China's legislature passed the new Law on Exit and Entry Administration of People's Republic of China (PRC) (hereinafter referred to as the "New Law"). It replaces the Law of People's Republic of China (PRC) on the Entry and Exit of Foreigners and the Law of People's Republic of China (PRC) on the Entry and Exit of Citizens, which came into effect in 1985. The new law came into force on July 20 13, and is applicable to the entry and exit management of foreigners and China citizens.

For foreigners, the new law will impose stricter control on their entry, residence and work in China. Foreign-invested enterprises should pay attention to the following main provisions when hiring foreign employees and foreigners working in China:

1, the new law distinguishes between foreigners' work residence documents and non-work residence documents. The validity period of a foreigner's non-work residence certificate is the shortest 180 days, the longest is 5 years, and the validity period of a work residence certificate is the shortest 90 days. Foreigners working in China shall obtain work permits and work-related residence certificates in accordance with regulations. No unit or individual may employ foreigners who have not obtained work permits and work-related residence certificates.

2. The new law clearly defines "illegal employment in China" for the first time. There are three situations:

Working in China without obtaining a work permit and a work-related residence certificate as required; Working in China beyond the scope of work permit; Foreign students violate the regulations on work-study programs and work in China beyond the prescribed post scope or time limit.

The new law clearly points out that those who introduce foreigners for illegal employment shall be introduced to individuals every time? One person is fined 5,000 yuan, with a total amount not exceeding 50,000 yuan; Every illegal introduction to the unit? One person will be fined 5,000 yuan, with the total amount not exceeding10,000 yuan; If there are illegal gains, the illegal gains shall be confiscated.

3. In the past, if foreigners were found to be illegally employed, the laws of China did not stipulate the measures that the authorities could take. The new law clearly stipulates that the authorities (that is, the public security bureau or the border inspection authorities) can conduct on-site inspection or continuous inspection of suspects, and if the suspects cannot be eliminated, they can even detain the suspects. If there is evidence that any foreigner is illegally employed in China, the authorities have the right to repatriate him. What if? Foreigners who have been repatriated may be restricted from re-entering China in the next 1 to 5 years according to the decision of the competent authority.

In addition, the new law stipulates that foreigners and their employers in China should be responsible for the authenticity of documents such as invitations to apply for visas and residence permits. If they fail to do this, foreigners will not be able to obtain visas and residence permits. Where an employing unit in China illegally employs foreigners in violation of the above provisions, it shall be punished for each illegally employed person? Are you alone? A fine of not less than 10,000 yuan and not more than 100,000 yuan in total; If there are illegal gains, the illegal gains shall be confiscated.

5. According to the provisions of the new law, different types of ordinary visas, such as work, business, study or tourist visas, and the application requirements are stipulated by the State Council. We expect that in the near future, the State Council, China will issue relevant implementation rules and regulations.