EEAL 33; RAEEF 26; RAEFC 20; Post Resignation Reporting Reqs

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The following provisions of the Exit and Entry Administration Law of the People’s Republic of China (EEAL), the Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners (RAEEF), and the Rules for the Administration of Employment of Foreigners in China (RAEFC) stipulate work permit (WP) and residence permit (RP, of which residence permits for work [RPw] are one type, see RAEEF 15) reporting requirements related to labor contract termination or expiry for foreigners working in China.

There are several points to note in relation to the following provisions:

First, the only clear deadline is for the RP holder who has 10 days to apply to the Exit and Entry Administration (EEA) after any change in a registered item in his/her RP. Since RPws are based on WPs, and WPs are for a single employer and based on a labor contract with that single employer, if the employer changes, then the purpose of the RP has changed, and purpose is a registered item. Thus, anytime a labor relationship ends, the foreign worker has 10 days to apply to the EEA. However, the way this provision is often enforced is subject to important local variation.

Second, the seemingly simple question of when a labor relationship ends can be very fraught with differing dates tied to differing positions. The strongest arguments support the date given for the end of labor relations on the release letter. A strong alternate contender would be the date on the cancellation letter for the cancellation of the WP. Finally, arbitration or court judgments can be dispositive on this question.

Third, it is not specified in the law whether the 10 days are calendar or business days, so it is safest to assume that they are calendar days.

Fourth, getting a new passport will also start the clock on the 10 day rule. It is best to have proof of the date the new passport was received to avoid possible administrative punishment.

Fifth, violation of the 10 day rule can result in a fine of up to RMB 2,000 (EEAL 76.4), or, if the the EEA goes through the 宣废 procedure, cancellation of the RP, without necessarily informing the permit holder and without the EEA needing the passport. This, in turn, can result in fines for overstay of RMB 500 per day up to a maximum of RMB 10,000, as well as detention for 5 to 15 days.

Sixth, the deadlines for the employer are not specific and are more guidelines such as “in a timely manner” and “promptly.”

Seventh, some of the language is outdated as not all terms have been changed to keep up with current conditions.

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EEAL 33 Residence Permit Alteration “10 Day Rule”

Article 33 

The registered items of a foreign residence permit shall include name, sex, date of birth, reason for residence and duration of residence of the holder, date and place of issuance, passport number or other international travel documents number.

Where the registered item in a foreigner’s residence permit has changed, the holder shall, within 10 days from the date of change, apply to the exit/entry administration of public security organ under the local people’s government at or above the county level in the place of residence for going through the formalities for alteration.

第三十三条 

外国人居留证件的登记项目包括：持有人姓名、性别、出生日期、居留事由、居留期限，签发日期、地点，护照或者其他国际旅行证件号码等。

外国人居留证件登记事项发生变更的，持证件人应当自登记事项发生变更之日起十日内向居留地县级以上地方人民政府公安机关出入境管理机构申请办理变更。

Exit and Entry Administration Law of the People’s Republic of China

http://english.www.gov.cn/archive/laws_regulations/2014/09/22/content_281474988553532.htm

中华人民共和国出境入境管理法

http://www.gov.cn/flfg/2012-06/30/content_2174944.htm

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RAEEF 26 Employer shall report in timely manner to EEA

Article 26

Upon discovery of one of the following circumstances, the entity that employs a foreigner or admits a foreign student shall, in a timely manner, report to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level:

(1) A foreigner employed resigns or changes employment location;

(2) A foreign student admitted has graduated, completed his or her course(s) or study, has quit school, or has left the school ungraduated;

(3) A foreigner employed or a foreign student admitted violates the provisions on administration of exit and entry; or

(4) A foreigner employed or a foreign student admitted dies, disappears or other serious circumstances arise.

第二十六条 

聘用外国人工作或者招收外国留学生的单位，发现有下列情形之一的，应当及时向所在地县级以上地方人民政府公安机关出入境管理机构报告：

（一）聘用的外国人离职或者变更工作地域的；

（二）招收的外国留学生毕业、结业、肄业、退学，离开原招收单位的；

（三）聘用的外国人、招收的外国留学生违反出境入境管理规定的;

（四）聘用的外国人、招收的外国留学生出现死亡、失踪等情形的。

Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners

http://english.www.gov.cn/archive/laws_regulations/2014/09/22/content_281474988553545.htm

中华人民共和国外国人入境出境管理条例

http://www.gov.cn/zwgk/2013-07/22/content_2452453.htm

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RAEFC 20 Employer to report and return “employment permit” and “residence certificate”

Article 20

After the termination of the labor contract between the foreign employee and his employer, the employer should promptly report it to the labor and public security authorities, return the employment permit and the residence certificate of the said foreigner, and go through formalities for his exit from China.

第二十条

被聘用的外国人与用人单位的劳动合同被解除后，该用人单位应及时报告劳动、公安部门，交还该外国人的就业证和居留证件，并到公安机关办理出境手续。

Rules for the Administration of Employment of Foreigners in China

(note this translation does not incorporate revisions of 2017 thus numbering is off after article 13)

http://english.www.gov.cn/services/work_in_china/2018/08/02/content_281476245886934.htm

外国人在中国就业管理规定

http://www.mohrss.gov.cn/SYrlzyhshbzb/zcfg/flfg/gz/201704/t20170413_269433.html

Reliant Services

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WeChat ID:  Reliant-CN 

E-mail: [e-mail]

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