留学生在中国打工：规定、许可与违规后果

English

International Students Working in China: Rules, Permits and Penalties

Whether an international student may work in China depends on where the work takes place and whether permission has been obtained. Part-time work on campus follows the school's rules, while part-time work or an internship off campus requires the school's consent and an endorsement on the residence permit applied for at the exit-entry administration. This guide covers the legal basis, the procedure and the penalties.

• Legal basis (1): Article 41 of the Exit and Entry Administration Law of the People's Republic of China provides that foreigners working in China must obtain a work permit and a work-type residence document as required, and that no entity or individual may employ a foreigner who has not obtained them.
• Legal basis (2): Article 42 of the same law provides that the education authority of the State Council, together with other relevant State Council departments, establishes the system for managing part-time work by international students and sets out the permitted positions and time limits. In other words, part-time work within the permitted positions and time limits is lawful; the exact scope is set by the education authorities and by your school.
• Legal basis (3): Article 43 of the same law provides that an international student who breaches the part-time work rules and works beyond the permitted positions or time limits is engaged in illegal employment.
• Part-time work on campus: Working on campus under arrangements made by your school falls within the system described above. The positions available, the weekly or monthly hours you may work and the pay rates are determined by the school under its part-time work rules; confirm them directly with your school's international student office or student affairs office.
• Permission for off-campus work and internships: A foreign national holding a student-type residence permit who needs to work part-time or take an internship off campus must obtain the school's consent and apply to the exit-entry administration of the public security authority for an endorsement on the residence permit stating the place and duration of the part-time work or internship.
• No endorsement, no off-campus work: According to the service guide published by the exit-entry administration, foreign nationals holding a student-type residence permit without the required endorsement may not work or take an internship off campus. This is the point students most often overlook — getting the school's consent does not complete the formalities; the endorsement on the residence permit must also be obtained.
• Procedure for off-campus part-time work or an internship: first, apply to your school and obtain its consent, usually a letter of consent; second, prepare the documents relating to the employer or internship host; third, apply in person to the exit-entry administration at your intended place of residence for the residence permit endorsement; fourth, collect the residence permit showing the workplace and duration. The issuance, extension, change and re-issuance of residence permits follow the service guide published by the National Immigration Administration.
• Penalties (fines and detention): A foreigner engaged in illegal employment is fined between CNY 5,000 and CNY 20,000 and, in serious cases, detained for five to fifteen days in addition to a fine of between CNY 5,000 and CNY 20,000. Anyone who introduces a foreigner to illegal employment is fined CNY 5,000 per person introduced, up to CNY 50,000 for an individual and up to CNY 100,000 for an entity. Illegally employing a foreigner draws a fine of CNY 10,000 per person employed, up to CNY 100,000.
• Penalties (deportation and ordered departure): A foreigner engaged in illegal employment may be deported, and a person who has been deported may not enter China for one to five years from the date of deportation. A foreigner who engages in activities inconsistent with the purpose of their stay or residence may be ordered to leave within a set period; in serious cases the Ministry of Public Security may order deportation, and a deported foreigner may not enter China for ten years from the date of deportation.
• Staying to work after graduation: If you want to remain in China to work after graduating, Article 41 applies in the same way — the employer must obtain a foreigner's work permit in China as required, and you must obtain a work-type residence document. Work-type residence documents are valid for a minimum of 90 days and a maximum of five years. Foreign high-level talent, urgently needed specialists and investors may be issued a document valid for up to five years; people working for reputable registered employers, up to two years; others, up to one year.
• Conditions for working after graduation: The specific requirements for a foreigner's work permit in China — qualifications, work experience, age, no criminal record and so on — are set by the competent human resources and social security and foreign experts authorities, and the employer is the applicant. Before graduating, check with your prospective employer whether it is eligible and able to obtain a work permit for you, and never work on a tourist, family visit or other inappropriate visa category.

Taken together, these rules leave international students in China with two lawful routes: part-time work on campus under the school's rules, or off-campus part-time work or an internship that conforms to the rules, once the school has consented and the residence permit has been endorsed. Any paid work outside these routes requires a work permit and a work-type residence document, and those are normally obtained by the employer — a student cannot obtain them personally.

In practice the riskiest approach is to start working first and sort out the paperwork later. A residence permit endorsement must be applied for in advance and takes time to process, and once illegal employment is established, not only does the student face fines, detention, possible deportation and a ban on re-entry, but the internship host or employer faces fines as well. Before starting any off-campus work, confirm the required formalities with your school's international student office and the local exit-entry administration.

The above is general guidance only. For specific requirements and the latest rules, please refer to official announcements.

References

• 国家移民管理局：中华人民共和国出境入境管理法（第四十一条至第四十三条、第八十条）
• 国家移民管理局政务服务平台：外国人居留证件签发、延期、换发、补发服务指南
• National Immigration Administration: Service Guide on Issuance, Extension, Change and Reissuance of Residence Permit for Foreigners
• 留学中国（教育部留学服务中心）：在华须知