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A foreign technician entered China on a unilateral visa-free policy to participate in equipment debugging, but was later found to be receiving long-term paid salaries from a domestic enterprise, and was identified as illegal employment.

一名外籍技术人员凭单方面免签政策入境参与设备调试,后续被查实长期领取国内企业薪酬,最终被认定为非法就业。

The enterprise was fined 30,000 yuan for illegally employing foreign personnel, and the foreign technician was ordered to exit the country within a time limit with a bad record retained in the immigration system.

涉事企业因非法聘用外籍人员被罚款3万元,该外籍技术人员被限期离境,移民系统留存不良记录。

Another case involved a foreign merchant who entered China on a mutual visa-free policy for business negotiation, but secretly took up a part-time teaching job, which was also investigated and punished as illegal employment.

另有一名外籍商人凭互免签证入境洽谈业务,私下兼职任教,同样被依法查处,认定为非法就业。

Many foreign nationals and domestic enterprises have misunderstandings about visa-free policies, confusing short-term business exchanges with paid employment, leading to unnecessary legal risks.

不少外籍人员和国内企业对免签政策存在认知误区,混淆短期商务交流与有偿务工的边界,进而引发不必要的法律风险。

Official Policy Core Interpretation|政策核心解读

In July 2026, the Ministry of Public Security and the Ministry of Culture and Tourism jointly issued a reminder emphasizing that foreign nationals entering China under visa-free arrangements (including mutual visa exemption and unilateral visa exemption) are strictly prohibited from engaging in any paid work, part-time jobs or labor activities.

2026年7月,公安部、文旅部联合发布提示,明确强调凭互免签证、单方面免签入境的外籍人员,严禁从事任何有偿工作、兼职或劳务活动。

Short-term business negotiation, cultural exchange, tourism and other non-profit activities are within the scope of visa-free permission, while any act of obtaining labor remuneration is deemed illegal employment.

短期商务洽谈、文化交流、旅游等非营利性活动属于免签许可范围,任何获取劳动报酬的行为均属于非法就业。

Threekey differences between visa-free business and legal employment|免签商务与合法务工3大核心区别

1. Purpose of Stay

1. 住院目的

Visa-free entry is only for non-profit purposes such as business negotiation, tourism, cultural exchange and family visit; paid work, part-time jobs and post-holding are all prohibited.

免签入境仅适用于商务洽谈、旅游、文化交流、探亲等非营利性目的,严禁从事有偿工作、兼职、任职等行为。

Compliance Tip: Confirm the purpose of stay before entry, and do not engage in any act that exceeds the scope of visa-free permission.

合规提示:入境前明确停留目的,切勿从事超出免签许可范围的活动。

2. Remuneration Acquisition

2.薪酬获取

Receiving salaries, bonuses, labor fees or other forms of remuneration from domestic enterprises or institutions is a typical feature of illegal employment under visa-free status.

从国内企业、机构领取薪资、奖金、劳务费等任何形式的报酬,是免签状态下非法就业的典型特征。

Compliance Tip: Any form of labor remuneration requires a valid Z visa and work permit, and visa-free entry cannot be used for paid work.

合规提示:任何形式的劳动报酬获取,均需持有有效 Z 签证和工作许可,免签入境不得用于有偿务工。

3. Required Documents

3.所需文件

Visa-free entry only requires a valid passport; legal employment requires a work permit, work-type residence permit and other complete documents.

免签入境仅需有效护照即可;合法务工需持有工作许可、工作类居留许可等全套证件。

Compliance Tip: Enterprises hiring foreign employees must complete the work permit application procedures in advance, and cannot use visa-free entry to avoid compliance procedures.

合规提示:企业聘用外籍员工,务必提前完成工作许可申办流程,不得利用免签入境规避合规手续。

Four High-Frequency Misunderstandings|四大高频认知误区

Misunderstanding 1: Short-term technical guidance is not considered employment

误解1:短期技术指导不被视为就业。

Many enterprises mistakenly believe that short-term technical guidance and equipment debugging do not belong to employment, but as long as they receive remuneration, they are deemed illegal employment.

不少企业误以为短期技术指导、设备调试不属于务工,实则只要获取报酬,就会被认定为非法就业。

Misunderstanding 2: Part-time jobs are not regulated by visa policies

误解2:兼职工作不受签证政策的管辖

Some foreign nationals think that part-time jobs do not involve long-term employment and are not restricted by visa types, but in fact, any paid part-time job is prohibited under visa-free status.

部分外籍人员认为兼职不涉及长期任职,不受签证类型限制,实则免签状态下任何有偿兼职均被禁止。

Misunderstanding 3: Visa-free entry can be converted to work status at will

误解3:免签证入境可随意转换为工作身份

It is wrong to think that visa-free entry can be directly converted to work status without exiting the country. Relevant procedures must be completed in accordance with official regulations.

认为免签入境可直接转为务工身份、无需出境的想法是错误的,需按官方规定完成相关手续办理。

Misunderstanding 4: No penalty for minor violations

误解4:轻微违规行为不承担处罚

Some enterprises and individuals think that minor violations will not be punished, but in fact, even short-term paid work will be investigated and punished, with bad records retained.

部分企业和个人认为轻微违规不会被处罚,实则即便短期有偿务工也会被查处,且留存不良记录。

Consequences of Non-Compliant Materials|材料不合规的实际影响

1. For foreign nationals engaged in illegal employment: ordered to exit the country within a time limit, with a 1-10 year entry ban, and permanent bad records in the immigration system.

1. 非法就业外籍人员:限期离境,并处1-10年不准入境,移民系统永久留存不良记录。

2. For enterprises illegally employing foreign personnel: fined 10,000-50,000 yuan, ordered to suspend business for rectification if the circumstances are serious, and credit abnormalities recorded.

2. 非法聘用外籍人员的企业:罚款1万-5万元,情节严重的责令停业整改,记入信用异常记录。

3. Both the enterprise and the individual will be held legally responsible, and the bad record will affect subsequent visa applications and business cooperation.

3. 企业和个人均需承担法律责任,不良记录会影响后续签证申请、商务合作。

Compliance Suggestions for Enterprises & Foreign Nationals|企业与外籍人员合规建议

1. Enterprises: Confirm the visa type and stay purpose of foreign personnel in advance, and complete work permit procedures for foreign employees in accordance with the law.

1. 企业端:提前核实外籍人员签证类型和停留目的,依法为外籍员工办理工作许可手续。

2. Foreign nationals: Clarify the scope of visa-free activities, and do not engage in any paid work beyond the permitted scope.

2. 外籍人员端:明确免签活动范围,切勿从事任何超出许可范围的有偿工作。

3. Both parties: Sign formal compliance agreements, clarify the nature of activities, and avoid legal risks caused by ambiguous purposes.

3. 双方共同:签订正规合规协议,明确活动性质,避免因目的模糊引发法律风险。