• Exit And Entry Administration Law of the People's Republic of China ("Draft Law")
  • June 12, 2012 | Author: Omar Puertas
  • Law Firm: Cuatrecasas, Gonçalves Pereira - Shanghai Office
  • The Draft Law combines the laws and regulations on the administration of entry and exit of foreigners with those on the administration of exit and entry of Chinese citizens.

    The Draft Law establishes a new visa scheme available to foreigners under the category of “talent introduction,” which was introduced to the Draft Law during its second reading by the NPC’s standing committee, in addition to the existing categories of ordinary visas; i.e., tourist, student and business visas. This talent visa scheme is believed to reflect the country’s intention to attract more experienced foreign experts. It is also believed to be an alternative to the current Z visa, work permit and residence permit scheme for foreign employees seeking work in China, which involves a complex and time-consuming process. It is said that companies in need of and intending to employ foreign talent must be registered with the State Administration of Foreign Experts Affairs (“SAFEA”). It remains to be seen whether the talent visa scheme will be introduced and, if so, how it will be applied.

    Another notable change is that foreigners applying for residence permits will be required to provide fingerprints and other biometric identification information, if the Draft Law is promulgated and comes into force.

    During the second hearing of the Draft Law, it was also proposed that a national information system be established to facilitate information sharing between the relevant authorities, such as the exit-and-entry authority, the foreign affairs authority, the labor authority, and the administration for industry and commerce, to better manage illegal entry, overstay and illegal employment, issues that have been increasingly widespread in recent years.