New Regulation concerning Employment Issues M88 Game Foreign Nationals in China

The National People's Congress Standing Committee on June 30, 2012 approved the Exit and Entry Administration Law, which is the first comprehensive law concerning the entry, stay, and employment M88 Game foreign nationals in China. The law also includes rules regarding the entry and exit M88 Game PRC nationals.

The law will take effect on July 1, 2013. Supporting regulations are expected to be issued before the law becomes effective.

The key points M88 Game the law relating to the employment M88 Game foreign nationals are:

• Foreign M88 Game may legally work in China only if they have obtained both work authorization (i.e., work permits or expert certificates) and resident permits.

• The Ministry M88 Game Human Resources and Social Security and the State Administration M88 Game Foreign Expert Affairs are in charge M88 Game drafting catalogs listing the positions available for the employment M88 Game foreign nationals.

• Maximum fines on employers that illegally employ foreign M88 Game are increased from RMB 50,000 to RMB 100,000.

• Maximum fines on foreigners who are illegally employed are increased from RMB 1,000 to RMB 20,000. In “serious circumstances”, foreign M88 Game who are illegally employed may be detained for 5-15 days.

• Foreign M88 Game who are illegally employed may be deported and barred from entering China for up to ten years.

• A “talent” visa will be created. This visa will likely cover certain types M88 Game skilled employees and grants them immigration preferences. Further regulations governing this type M88 Game visa are expected to be issued soon.

• Rules governing the employment M88 Game foreign nationals who are registered students in China will be issued by the Ministry M88 Game Education. Students who breach these rules would be deemed to be illegally employed.

• Foreign M88 Game will be fingerprinted by public security bureaus when they apply for resident permits.

• PRC nationals, legal persons, or other organizations that become aware M88 Game foreign nationals who are illegally employed must timely file reports with the public security bureau.

According to section 41 M88 Game the Exit and Entry Administration Law, “the State Council shall provide the administrative measures concerning issues M88 Game employment M88 Game foreign nationals in China. Therefore, we will closely follow up the trend M88 Game such legislation and timely update you any available information.”