China recently adopted new entry-exit regulations which more strictly regulate non-Chinese persons entering, living, and working in China. Here are a few points to note when traveling to China for business or hiring non-Chinese employees:
- Employers must report to the Public Security Bureau when employing non-Chinese staff in China (either as permanent staff or interns).
- Employers must report to the Public Security Bureau if the foreign employee leaves his/her employment, changes his/her work location, dies, disappears or violates any entry-exit regulations.
- A non-Chinese acting as a legal representative, director or senior management may be prohibited from leaving China if the company he/she is in charge of has defaulted in paying wages to its employees.
- There are certain changes to the visa classifications but, as far as business traveling is concerned, there is no major change to the eligibility requirements or application procedures.
- An entry visa will state whether a residence permit is required; there are 5 types of residence permit (employment, study, journalists, family reunion and private affairs).
- When applying for a residence permit, the Public Security Bureau has the power to compel applicants to provide their finger-prints and other biometric data.
- Applications for work visas in Beijing must be accompanied by certificates of no criminal conviction issued by the applicant’s home country.
Accordingly, care should be taken to review these new regulations and, where necessary, to consult with experienced counsel.
Yasmin Fong of Gibson Dunn assisted in the preparation of this post.