Public Security Department of Guangdong
Province Entry and Exit Control Service Net
       
 
 
 
 
 
 
 
 
 
 
 
Penalty to foreigners who have violated Chinese laws and regulations
English->Foreign nationals entering and exiting China->Penalty to offenders
2004-01-16 13:05:48

Foreigners who try to illegally enter or exit China shall be fined not less than 1,000 yuan but not more than 10, 000 yuan RMB, or detained for 3 to 10 days. Such penalty may be combined with the punishment of deportation or forced exit within a specified time. If the offense is so serious as constitute a criminal act, the offender will be prosecuted in accordance with law.

Foreigners who illegally stay in China shall be given a warning or a fine of 500 yuan RMB for each day of illegal stay, with 5,000 yuan RMB as the ceiling, or be detained for 3 to 10 days. In a serious case, the above penalty may be combined with the punishment of forced exit within a specified time.

Foreigners who illegally work in China without being approved by a PRC labour department or an authorized organ will, aside from being stripped of the position, be given a fine of not more than 1,000 yuan RMB. In a serious case, the above penalty may be combined with the punishment of forced exit within a specified time.

As to work units or individuals that illegally employ foreigners, they shall cease the employment immediately. In addition, they shall be fined 5,000 to 50,000 yuan RMB and shall bear all the expenses incurred by repatriating the foreigners they have illegally employed.

Those who provide accommodation for foreigners without going through the required formalities at the local public security organ will receive a warning or a fine of 50 to 500 yuan RMB.

If a foreigner is found to engage in forging, altering, transferring, selling, or buying visas or documents, or using visas or documents belonging to other persons, his illegal earnings, as well as such visas or documents, shall be confiscated. The offender may be fined 1,000 to 10,000 yuan RMB, or detained for 3 to 10 days, which may be combined with the punishment of forced exit within a specified time. If the offense is so serious as to constitute a criminal act, the offender shall be prosecuted in accordance with law.

Foreigners who have violated the regulations but have no means to pay the fine may be given the punishment of detention.

The above penalty of fine or detention applies to foreigners who assist other foreigners in illegally entering or exiting China, cause them to illegally reside or stay in China, or employ them illegally. It also applies to those responsible for helping foreigners without a valid travel permit to come to a region not open to foreign tourists.

If an offender objects to the penalty of fine or detention, he/she may, within 15 days after receiving the notification, appeal to the public security organ of the immediately higher level, either directly or through the organ that handed out the penalty. The public security organ shall, within 15 days after receiving the appeal, make the final judgment. The offender may also take action at the local people's court.

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