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According to the Exit and Entry Administration Law of the People's Republic of China,  Article 80, Paragraph 3 provides that “whoever illegally hire foreign staff shall be fined RMB 10,000 for each illegal employment, and the total amount shall not exceed RMB 100,000.”


Where there is illegal income, the illegal income shall be confiscated.

All enterprises and employment units should employ employees according to law and refuse to employ "three illegal" foreign employees.


Where does this “three” come from?


This designation refers to any foreigner who enters China illegally, resides in China illegally, and works in China without legal procedures in accordance with the provisions of the Exit and Entry Administration Law of the People's Republic of China.


Illegal residence 

It refers to the illegal act of an alien living (stopping) in China who fails to apply for a visa or residence permit within the valid stay period specified in the visa or residence permit. 


Illegal employment 

It refers to the act of engaging in social work and obtaining labor remuneration without obtaining the legal employment status in China. 


Illegal entry 

An illegal entry refers to an illegal act by a foreigner who does not hold a valid entry visa issued by the competent authorities of China or a legally-valid entry certificate. Other cases include those who do not enter the country from the port I open to the public, or enter the country from a designated port, or enter the border of China without inspection by the frontier inspection station.


Related Laws and regulations:

Law of the People's Republic of China on the Exit and Entry Administration,

Article 79:

To shelter foreigners who have entered or reside illegally, and to assist foreigners who have entered or reside illegally to evade inspection;

Whoever provides an exit or entry certificate for an illegal foreigner residing in China shall be fined from RMB 2,000-10,000.

If the circumstances are serious, the offender shall be detained for 5-15 days and fined RMB 5,000 to 20,000.


Article 80:

Foreigners who engage in illegal employment shall be fined between RMB 5,000 to 20,000.

If the circumstances are serious, the offender shall be detained for no less than five days but no more than 15 days, and shall also be fined RMB 5,000 to RMB 20,000.

Whoever introduces aliens into illegal employment shall be fined RMB 5,000 for each person involved, and the total amount shall not exceed RMB 50,000.

To impose a fine of RMB 5,000 for each person illegally introduced to the unit, and the total amount shall not exceed 100,000 yuan;

Where there is illegal income, the illegal income shall be confiscated.

Whoever illegally hires a foreigner shall be fined RMB 10,000 for each illegal employment, and the total amount shall not exceed RMB 100,000.

Where there is illegal income, the illegal income shall be confiscated.


The Criminal Law of the People's Republic of China

Article 318

Whoever organizes others to illegally cross the national border (frontier) shall be sentenced to fixed-term imprisonment of no less than two years but no more than seven years and shall also be fined. 


Whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of no less than seven years or life imprisonment and shall also be fined or confiscated property:


(1) The principal element in organizing others to evade the state (border) frontier groups;


(2) Repeatedly organizing others to illegally cross the country (border) or organizing others to illegally cross the country (border) in large Numbers;


(3) Causing serious injury or death to the person subjected to the organization;


(4) Depriving or restricting the freedom of the person to be organized;


(5) Resisting inspection by means of violence or threat;


(6) Having a large number of illegal earnings;


(7) Other especially serious circumstances.

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