Jurisdiction - China
China – New “Immigration Law”.

31 July, 2012


Legal News & Analysis – Asia Pacific – China – Labour & Employment


On June 30, 2012, Standing Committee of the National People’s Congress adopted the Exit and Entry Administration Law of the People’s Republic of China (“the Law”), which will take effect on July 1, 2013 and supersede the Law of the PRC on the Entry and Exit Administration of Foreigners and the Law of the PRC on the Exit and Entry Administration of Chinese Citizens. The Law provides new visa policies for foreigners who wish to enter and stay in China, which include: (1) introducing a new type of visa for the importation of talents; (2) requiring Chinese domestic entities or individuals to comply with the requirements of overseas PRC embassy/consulate/other institution commissioned by the Ministry of Foreign Affairs when issuing invitation letter to a foreigner and be responsible for the authenticity of the letter; and (3) clarifying the staying and residence period of foreigners in China. In addition, the Law requires the Ministry of Human Resources and Social Security and the State Administration of Foreign Expert Affairs to formulate a catalogue guiding the employment of foreigners in China in consultation with the relevant departments under the State Council, and requires the Ministry of Education to take lead to launch a work-study program for foreign students in China and set forth regulations on job scope and time limits of the work-study program. Penalties imposed on foreigners who illegally enter, stay and work in China and employers who illegally hire foreign employees in China have been enhanced. 

The full Chinese text of the Law is available here.



For further information, please contact:


Elizabeth Cole, Partner, Orrick

Thomas Man, Partner, Orrick
Veronica Lockyer, Orrick
Yan Zeng, Orrick

Homegrown Labour & Employment Law Firms in China


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