Delta Law Expat Services Desk ｜ Provisions on the Administration of Employment of Foreigners in China（《外国人在中国就业管理规定》）, 劳部发〔1996〕29号, second amendment by Order No. 32 of the Ministry of Human Resources and Social Security（人力资源和社会保障部令第32号）, current version in force from 2017-03-13, 36 articles
- Hiring a foreign national without a work permit and work-type residence permit is unlawful under the Exit and Entry Administration Law（《出境入境管理法》）itself — Article 41 states the duty, Article 43 defines the three forms of illegal employment.
- Article 80 of that Law sets liability for three separate actors — foreign national, introducer, employer — each with its own fine band, quoted in full below.
- The regulation's own penalty clause for unlicensed employment, Article 27, points to an implementing rule now expressly repealed; this page flags that gap rather than resolving it.
- Whether the relationship is a "labour relationship" is a separate question decided under a 2025 judicial interpretation, not this regulation — one line here, full analysis in a companion article.
- What happens to wages already paid is not directly addressed; only a wage floor (Art. 21) and pointers to national labour rules (Art. 22, 25) are on the books.
- Three currently effective texts use three different names for functionally overlapping work-authorisation documents.
1. The document at a glance
| Item | Content |
|---|---|
| Full title | Provisions on the Administration of Employment of Foreigners in China（《外国人在中国就业管理规定》） |
| Document number | 劳部发〔1996〕29号; second amended by Order No. 32 of the Ministry of Human Resources and Social Security（人力资源和社会保障部令第32号） — not Order No. 37, an unrelated foreign-investment security-review rule |
| Adopted / promulgated | Promulgated 1996-01-22; second amendment adopted at the Ministry's 116th executive meeting on 2017-01-22, with the concurrence of the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Commerce |
| Current version in force from | 2017-03-13; deleting the former Article 14 reduced the text from 37 to 36 articles currently in force |
| Issuing authority | Ministry of Human Resources and Social Security |
| Official text | https://www.gov.cn/zhengce/2022-08/31/content_5711314.htm |
| What this page covers | Three layers of consequence for an employer that puts a foreign national to work without a valid permit: administrative liability, how the relationship is characterised, and what happens to compensation already paid |
2. Scope and who is caught
Article 2 defines "foreign national" by reference to the Nationality Law（《中华人民共和国国籍法》）— a person who does not hold Chinese nationality — and defines "employment in China" as a foreign national without settled residence rights engaging in paid social labour within Chinese territory. Article 3 governs foreign nationals employed within China and the units that employ them, but excludes diplomatic and consular staff of foreign missions and personnel of United Nations and other international-organisation representative offices who enjoy diplomatic privileges and immunities.
Article 33 is easy to overlook and is a flat prohibition, not a licensing gate: individual economic organisations and private citizens — as opposed to registered legal-person employers — may not employ a foreign national at all, whatever paperwork either side holds. The bar is by subject-matter, not by procedure.
3. Before work begins: the permit and visa chain
The regulation builds authorisation as a sequence of dependent approvals, with the employer as applicant at the first step.
第五条 用人单位聘用外国人须为该外国人申请就业许可，经获准并取得《中华人民共和国外国人就业许可证书》(以下简称许可证书)后方可聘用。
Article 5: An employing unit that intends to employ a foreign national must apply for an employment permit on that person's behalf, and may only employ the person after the application is approved and the Employment Permit Certificate（《中华人民共和国外国人就业许可证书》）obtained.
Unofficial translation; the Chinese text as officially published prevails.
The duty runs to the employer, and it is a precondition — "may only employ after" — not something regularised once work has already started.
第八条 在中国就业的外国人应持Z字签证入境(有互免签证协议的，按协议办理)，入境后取得《外国人就业证》(以下简称就业证)和外国人居留证件，方可在中国境内就业。
未取得居留证件的外国人(即持F、L、C、G字签证者)、在中国留学、实习的外国人及持Z字签证外国人的随行家属不得在中国就业。……
Article 8: A foreign national employed in China shall enter on a Z visa (or as a mutual visa-exemption agreement provides), and may only work after obtaining, post-entry, a Foreigner's Employment Certificate（《外国人就业证》）and a residence permit. A holder of an F, L, C or G visa, a student or intern, or an accompanying family member of a Z-visa holder may not take up employment. …
Unofficial translation; the Chinese text as officially published prevails.
Three documents line up before day one: the permit certificate (Art. 5), the Z visa obtained on its strength, and the post-entry employment certificate. Article 8's negative list — F, L, C, G visa, or student/intern/dependent status — is not curable by the actual work arrangement on the ground.
二、删去第十四条。
三、将第十五条修改为“获准来中国工作的外国人，应凭许可证书及本国有效护照或能代替护照的证件，到中国驻外使、领馆、处申请Z字签证。……”
Item 2: Article 14 is deleted. Item 3: Article 15 is amended to read: "A foreign national approved to work in China shall, on the strength of the permit certificate and a valid passport or substitute document, apply for a Z visa at a Chinese embassy, consulate or other diplomatic office abroad. …"
Unofficial translation; the Chinese text as officially published prevails.
A version trap worth flagging. Deleting the former Article 14 shifted every later article up by one: former Article 15 (content replaced as quoted) became current Article 14, former Article 16 became current Article 15, and so on down to former Article 37, now Article 36 — where the currently published text stops. This page cites current numbers throughout.
4. Sequence and timing
The days and nodes below are what the current text states; offices, forms and portals are subject to the current published requirements of the accepting authority.
| Step | Who acts | Time limit | Provision |
|---|---|---|---|
| Apply for the Z visa on the strength of the permit certificate | Foreign national, abroad | No fixed days; precondition is the approved permit certificate | Art. 14 |
| Apply for the employment certificate at the issuing authority | Employing unit | Within 15 days of entry | Art. 15 |
| Apply for the residence permit | Foreign national | Within 30 days of entry | Art. 16 |
| Apply to extend the employment period, if renewed | Employing unit | Within 30 days before contract expiry | Art. 18 |
| Apply to extend or change the residence permit | Foreign national | Within 10 days of extension approval or change of place/unit | Art. 19 |
| Report termination, return certificates, complete exit procedures | Employing unit | "Promptly" (及时); no fixed days | Art. 20 |
| Obtain approval before changing employer or occupation | Foreign national | Before the change; a move outside the licensed area needs a fresh permit | Art. 23 |
| Complete the annual inspection of the employment certificate | Employing unit | Within 30 days before each anniversary; lapses automatically if missed | Art. 26 |
5. Three layers of consequence for the employer
Once a foreign national works without the permit chain in Section 3 completed, three separate legal questions arise, and they do not resolve the same way.
Layer 1 — administrative liability. The controlling penalty provision is the Exit and Entry Administration Law（《出境入境管理法》）itself: Article 41 states the duty, Article 43 defines illegal employment as (i) working without the permit and work-type residence permit, (ii) working beyond the permit's scope, or (iii) a foreign student exceeding permitted work-study scope or duration. Article 80 sets liability for three actors; every paragraph must be read, not only the first.
第八十条 外国人非法就业的，处五千元以上二万元以下罚款；情节严重的，处五日以上十五日以下拘留，并处五千元以上二万元以下罚款。
介绍外国人非法就业的，对个人处每非法介绍一人五千元，总额不超过五万元的罚款；对单位处每非法介绍一人五千元，总额不超过十万元的罚款；有违法所得的，没收违法所得。
非法聘用外国人的，处每非法聘用一人一万元，总额不超过十万元的罚款；有违法所得的，没收违法所得。
Para. 1: illegal employment — fine RMB 5,000–20,000; serious cases, 5–15 days' detention plus fine RMB 5,000–20,000.
Para. 2: introducing illegal employment — individual, RMB 5,000/head up to RMB 50,000; unit, RMB 5,000/head up to RMB 100,000; illegal gains confiscated.
Para. 3: illegally employing a foreign national — RMB 10,000/head up to RMB 100,000; illegal gains confiscated.
Unofficial translation; the Chinese text as officially published prevails.
The employer's exposure is paragraph 3 — capped at RMB 100,000 plus confiscation — and it stands separately from, and cumulatively with, whatever the foreign national or an introducer is fined under paragraphs 1–2.
第二十七条 对违反本规定未申领就业证擅自就业的外国人和未办理许可证书擅自聘用外国人的用人单位，由公安机关按《中华人民共和国外国人入境出境管理法实施细则》第四十四条处理。
Article 27: A foreign national who takes up employment without an employment certificate, and an employing unit that employs without the permit certificate, shall be dealt with by the public security organ under Article 44 of the Implementing Rules of the Law of the People's Republic of China on the Entry and Exit of Foreign Nationals（《中华人民共和国外国人入境出境管理法实施细则》）.
Unofficial translation; the Chinese text as officially published prevails.
That instrument's own status is the problem, stated below.
第三十九条 本条例自2013年9月1日起施行。1986年12月3日国务院批准，1986年12月27日公安部、外交部公布，1994年7月13日、2010年4月24日国务院修订的《中华人民共和国外国人入境出境管理法实施细则》同时废止。
Article 39: This Regulation takes effect 2013-09-01. The Implementing Rules（approved by the State Council 1986-12-03, promulgated by the Ministry of Public Security and the Ministry of Foreign Affairs 1986-12-27, amended 1994-07-13 and 2010-04-24）are simultaneously repealed.
Unofficial translation; the Chinese text as officially published prevails.
| Conduct | Who is liable | Consequence | Provision |
|---|---|---|---|
| Foreign national works illegally | Foreign national | RMB 5,000–20,000; serious cases add 5–15 days' detention | EEAL art. 80(1) |
| Introducing illegal employment | Individual / unit introducer | RMB 5,000/head, capped RMB 50,000 (individual) or RMB 100,000 (unit); gains confiscated | EEAL art. 80(2) |
| Illegally employing a foreign national | Employer | RMB 10,000/head, capped RMB 100,000; gains confiscated | EEAL art. 80(3) |
| Unlicensed / unregistered employment | Foreign national and employer | Referred to public security under a citation this page flags as dangling | 规定 art. 27 |
| Certified foreign national refuses inspection or changes employer/occupation without approval | Foreign national | Certificate withdrawn; residence status referred for cancellation; deportation cost on employer or the foreign national | 规定 art. 28 |
| Forging, altering, transferring or selling the certificate/permit | Foreign national and employer | Certificates and gains confiscated; fine RMB 10,000–100,000; criminal referral if serious | 规定 art. 29 |
第二十九条 对伪造、涂改、冒用、转让、买卖就业证和许可证书的外国人和用人单位，由劳动行政部门收缴就业证和许可证书，没收其非法所得，并处以1万元以上10万元以下的罚款；情节严重构成犯罪的，移送司法机关依法追究刑事责任。
Article 29: Against a foreign national or employing unit that forges, alters, fraudulently uses, transfers or sells the certificate or permit, the labour authority confiscates them and any illegal gains, and fines RMB 10,000–100,000; serious cases go to the judicial authority.
Unofficial translation; the Chinese text as officially published prevails.
Article 29 stands on a citation of its own, without the Article 27 gap — relevant where the certificate was altered or borrowed rather than simply absent.
Layer 2 — how the relationship is characterised. Whether an employer that hired without a permit faces a "labour relationship"（劳动关系）claim is not answered by this regulation; it is decided under the Supreme People's Court's labour-dispute interpretations. As background: Interpretation (II) of the Supreme People's Court on Certain Issues Concerning the Application of Law in the Trial of Labour Dispute Cases（《最高人民法院关于审理劳动争议案件适用法律问题的解释（二）》）, 法释〔2025〕12号, effective 2025-09-01, positively lists in Article 4 three circumstances supporting recognition. The full analysis — including what remains of Article 33 of Interpretation (I), 法释〔2020〕26号 — is covered in a companion article: Recognising a Foreign Employee's Labour Relationship in a Chinese Court: Interpretation (II) Article 4 and What Is Left of Interpretation (I) Article 33 (forthcoming in this batch).
Layer 3 — compensation already paid. This has the least direct text: no dedicated rule on restitution or clawback once employment is found illegal — only a wage floor and two pointers to national rules.
第二十一条 用人单位支付所聘用外国人的工资不得低于当地最低工资标准。
Article 21: Wages paid to an employed foreign national shall not be lower than the local minimum wage standard.
Unofficial translation; the Chinese text as officially published prevails.
Beyond these three provisions, this page states no rule for treating already-paid compensation. Any further conclusion is per the officially published text of whatever forum decides the dispute.
6. Who runs into this, and how it is used
Two audiences: an employer running internal compliance review before or after a hire, and counsel assessing exposure once an illegal-employment issue has surfaced.
- Misconception: a fair wage or written contract cures the absence of a work permit. In fact: Article 5 makes the permit a precondition of lawful employment, and Article 41 of the Exit and Entry Administration Law states the same duty independently.
- Misconception: the employer's exposure is limited to whatever the foreign national is separately fined. In fact: Article 80(3) sets a distinct, cumulative fine on the employer, up to RMB 100,000 per person, independent of paragraph 1's fine on the foreign national.
- Misconception: a sole proprietor can hire a foreign national if the paperwork is in order. In fact: Article 33 bars individual economic organisations and private citizens from employing a foreign national at all — a subject-matter bar, not a procedural one.
- Misconception: an illegal start means no "labour relationship" can ever be recognised. In fact: that is decided under current judicial interpretations, which support recognition in specified circumstances — see the companion article.
- Verify the full permit-and-certificate chain: the Z visa, the Article 5 permit certificate, and the post-entry Article 8 employment certificate — an F, L, C or G visa or student/intern status is not a substitute.
- Assess exposure under all three paragraphs of Article 80 separately, not only the one naming the employer; confirm whether an "introducer" role under paragraph 2 is also in play.
- Do not rely on Article 27 without independent assessment; its reference to the Implementing Rules is dangling following the repeal stated in Article 39 of the Regulations.
- Treat the "labour relationship" question and the "already-paid wages" question separately — a finding on one does not settle the other.
- Provisions on the Administration of Employment of Foreigners in China（《外国人在中国就业管理规定》）, 劳部发〔1996〕29号, second amendment by Order No. 32 of the Ministry of Human Resources and Social Security（人力资源和社会保障部令第32号）, in force from 2017-03-13, 36 articles. Cites Articles 2, 3, 5, 8, 21, 22, 23, 25, 26, 27, 28, 29, 31, 32, 33 and items 2–3 of Order No. 32. https://www.gov.cn/zhengce/2022-08/31/content_5711314.htm
- Exit and Entry Administration Law（《中华人民共和国出境入境管理法》）, 主席令第五十七号, in force from 2013-07-01, 93 articles. Cites Articles 41, 43, 80, 93. https://www.nia.gov.cn/n741440/n741547/c1013311/content.html
- Regulations of the People's Republic of China on the Entry and Exit of Foreign Nationals（《中华人民共和国外国人入境出境管理条例》）, 国务院令第637号, amended by 国务院令第814号 effective 2025-10-01. Cites Article 39 only.
- Order No. 54 of the Ministry of Human Resources and Social Security（人力资源和社会保障部令第54号）, effective 2024-12-23. Cites item 2 only, as evidence of the certificate-naming mismatch. https://www.gov.cn/gongbao/2025/issue_11806/202501/content_6999379.html
- Interpretation (I) of the Supreme People's Court on Labour Dispute Cases（《最高人民法院关于审理劳动争议案件适用法律问题的解释（一）》）, 法释〔2020〕26号, in force from 2021-01-01. Cites Article 33(2) only, as evidence of the certificate-naming mismatch. https://www.court.gov.cn/fabu/xiangqing/282121.html
- Interpretation (II) of the Supreme People's Court on Labour Dispute Cases（《最高人民法院关于审理劳动争议案件适用法律问题的解释（二）》）, 法释〔2025〕12号, in force from 2025-09-01, 21 articles. Cites Article 4 only, as background; full analysis in a companion article. http://gongbao.court.gov.cn/Details/bb72019c45453f84d920bd6375573e.html (http only at time of verification)
- Status and timing note 效力与时点提示：Article 27's penalty clause references implementing rules expressly repealed by Article 39 of the Regulations on the Entry and Exit of Foreign Nationals; this article states that gap without resolving it. Procedural steps are subject to the current published requirements of the accepting authority. Certificate names differ across the three current texts above and are reproduced as officially published, without unification.
This article is general legal research and does not constitute legal advice; by law, a law firm may not guarantee case outcomes. 本文为一般性法律研究，不构成法律意见；依据法律规定，律所不得承诺办案结果。
