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Nation
Print Edition> Nation
UPDATED: May 28, 2012 NO. 22 MAY 31, 2012
Tightening up Checks
Measures taken to clean out foreigners who overstay their visa, or work in China illegally
By Yin Pumin
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Legal improvements

However, Wu Xinming, a professor at the Department of Foreign Policing Affairs of the Chinese People's Public Security University, said that a sound legal system, instead of sporadic and temporary crackdowns, is needed to thoroughly solve the problem of illegal entry, residence and employment by foreigners.

China's existing law on exit and entry administration was established in 1985, which barely mentions illegal employment of foreigners in China. "The law has lagged far behind the times," Wu said.

Under the current legal system, the Ministry of Foreign Affairs is responsible for issuing visas, while police officers are tasked with verifying their documents and carrying out routine examinations at entry ports.

Once foreigners have entered China, information about them will be archived according to the purpose of their visit.

For instance, records of overseas students are kept with the Ministry of Education, and those of foreign employees are kept with the Ministry of Human Resources and Social Security, State Administration of Foreign Experts Affairs or other related agencies.

"Under such circumstances, investigating overstaying and illegal employment totally relies on public tip-offs," said Zhao Yu, another professor at the Chinese People's Public Security University. He admits people usually do not report overstaying or illegally employed foreigners in their neighborhood unless the latter has infringed upon their rights.

In response, a new law on exit and entry administration has been submitted for deliberation to the Standing Committee of the National People's Congress, China's top legislature, in April. The law is expected to be enacted by the end of this year.

The draft law stipulates that foreigners working in China need to acquire a work permit and legal documents, and those found to be illegally entering, living or working in China can be deported and banned from entering the country for five years.

"We shall make efforts to regulate foreigners who are working in China, improve visa issuing procedures, and strengthen the residential management of foreigners," said Vice Minister Yang.

An article about the collection of biometric information for the use of border control is in the draft law. It grants police authorities and the Ministry of Foreign Affairs the right to issue regulations on the collection and storing of biometric information, such as fingerprints of travelers entering and exiting China.

Collecting biometric information will help identify travelers, improve the efficiency of border control and protect state security, Yang said.

Favorable policies

As a populous country, China would like to introduce more high-caliber professionals and limit the inflow of low-quality workers, Yang said.

In recent years, China has adopted a series of measures to attract foreign professionals. In 2008, the country initiated the Thousand Talent Program to attract 2,000 foreign scholars or Chinese people who had been educated overseas, and encourage them to work in advanced and hi-tech industries, as well as start up their own businesses in China in five to 10 years.

By the end of 2011, 4,752 foreigners had been given a permanent residence card, or the Chinese equivalent of a green card, according to figures from the Ministry of Public Security. All foreign employees in China now number about 220,000, or about 37 percent of all foreign residents.

"We will increase the eligibility quota for green cards and consider extending the applicable scope for duty-free entry and multiple-entry visas in order to make China more competitive in soliciting foreign investment and talented people," Yang said.

In another sign of the country's efforts to attract talented individuals from overseas, a new visa category titled "talent introduction" was added to the draft law on exit and entry administration.

Ordinary visas will be granted to foreigners who enter the country to work, study, visit relatives, travel or conduct business, as well as to those who fall under the "talent introduction" category, according to the draft law.

In March, Yin Weimin, Minister of Human Resources and Social Security, said that China will make greater efforts this year to resolve visa and residency permit issues for foreigners.

China will introduce favorable policies for foreigners in relation to social insurance, taxation, medical services, education for their children and academic funding, Yin said.

Email us at: yinpumin@bjreview.com

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