The Exit-Entry Administration Law of the PRC, which includes a visa for talented foreign national professionals, was approved by the National People’s Congress Standing Committee and will come into effect on July 1st, 2013. It does not replace current tourist, business and student visas, but increases penalties for violations.
The Law does not address common obstacles of concern to foreign nationals, such as the difficulty of qualifying individuals over the mandatory retirement ages of 55 for women and 60 for men, but it does include rules on the exit and entry of PRC nationals. According to Xinhua News Agency, an overriding policy behind the law was to more harshly punish foreign nationals who illegally enter, live or work in China.
The Law allows foreign nationals to work in China but only after they obtain both a work permit or expert certificate and a resident permit.
Maximum fines for employers who illegally employ foreign nationals have been increased from RMB 50,000 to RMB 100,000, and maximum fines for individuals illegally employed have been increased from RMB 1,000 to RMB 20,000. If the circumstances of the violation are serious, a foreign national employed illegally may be detained for 5-15 days, deported and/or barred from entering China for up to ten years. Chinese individuals and organizations are required to report illegally employed individuals to the Public Security Bureau.