14 Replies to “China: Analysis of the New Exit-Entry Administration Law”

  1. Thank you for posting this information. Is there any information on whether or not it will be possible to renew a residence permit after the maximum 5-year period?

  2. @Tim:

    Article 30 sets the validity period for a residence certificate. Work-based residence certificates will be valid for a minimum of 90 days and a maximum of five years. That represents the halving of the prior minimum validity period of 180 days, an effort to more closely monitor foreign workers. Non-work-based residence certificates will be valid for a minimum of 180 days and a maximum of five years.

    The new law does not signal a change to current rules, under which there is no limit on the number of times a new residence certificate may be issued.

    One caveat is that the new law explicitly gives officers the power to deny admission to a person who may violate the terms of their visa. So a person with a past overstay or record of unauthorized employment may be denied a new residence certificate as a matter of discretion.

  3. Gary – thank you for the clarification.

    I was more concerned of the new law’s impact on long-term foreign residents who qualify and abide by the current laws. It appears this will have little to no affect on this group.

  4. @Tim:

    Even for expats who have had work-based resident permits for years, Article 42 could be key to their ability to remain in China. This article states that various departments under the State Council will formulate and periodically adjust a guidance catalog regarding the country’s need for foreign workers, taking into account economic and social development needs, as well as the supply and demand for human resources. According to People’s Daily, this catalog will define specific industries and occupations that are prohibited to, encouraged, or restricted to foreigners. This catalog may parallel the existing Foreign Industrial Investment Guidance Catalog, which identifies industries in which foreign investment is prohibited, encouraged, or restricted. So, the worst case scenario would be that an expat who has worked in China for years could wake up one day to find that residence certificates will no longer be granted for work in his or her profession or industry. Right now, all that expats can do is wait for publication of the first guidance catalog and related regulations.

  5. That is disconcerting. If used with no discretion, this would also have an impact on FDI in the market as well. That being said, I would see the general strengthening policies surrounding work-related statuses for foreigners as a natural byproduct of a developing country.

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