Working on a tourist, business or study visa: what counts as unlawful employment

Under Law, Article 41, a foreigner who works in China must obtain a work permit or a work-type residence permit, and no entity or individual may employ a foreigner who has neither. Law, Article 41 and Law, Article 43 name work permits and work-type residence permits. They do not name a tourist, business or study visa as a basis for working, so the visa type in your passport does not by itself decide whether work is lawful.

What Article 41 requires

Law, Article 41 reads, in the National Immigration Administration's English text:

"Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits."

The second paragraph of the same article says that "The administrative measures for foreigners working in China shall be stipulated by the State Council."

When work is deemed unlawful employment

Law, Article 43 says that "Any of the following acts of foreigners shall be deemed unlawful employment:"

1. Work in China without obtaining work permits or work-type residence permits in accordance with relevant regulations;
2. Work in China beyond the scope prescribed in the work permits; or
3. Foreign students work in violation of the regulations on the administration of foreign students working to support their study in China and work beyond the prescribed scope of jobs or prescribed time limit.

Items 1 and 2 concern work permits and work-type residence permits. Item 3 concerns foreign students and refers to separate regulations on working to support study in China.

Law, Article 37 is a separate rule on stay and residence. It says: "Foreigners who stay or reside in China shall not engage in activities not corresponding to the purpose of stay or residence, and shall leave China prior to the expiry of the prescribed duration of stay or residence."

Holders of a study residence permit

Regulations, Article 22, first paragraph, says: "Where a foreigner holding a residence permit for study intends to engage in off-campus work-study or internship, he or she shall, upon the approval of the school, apply to the exit and entry administration authority of the public security organ to have such information as the location and duration of the work-study program or internship placement specified in his or her residence permit."

Regulations, Article 22, second paragraph, says: "A foreigner holding a residence permit for study shall not engage in any off-campus work-study or internship unless the information prescribed in the preceding paragraph is specified in his or her residence permit."

Taken as written, the steps for a study residence permit holder are:

1. Obtain the school's approval.
2. Apply to the exit and entry administration authority of the public security organ.
3. Have the location and duration of the work-study program or internship specified in the residence permit.

These are the steps the first paragraph names. Regulations, Article 22 does not give a processing time for them.

Penalties under Law, Article 80

Law, Article 80 has three paragraphs. The first paragraph covers foreigners who work illegally:

"Foreigners who work in China illegally shall be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan; where circumstances are serious, they shall be detained for not less than five days but not more than fifteen days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan."

The second paragraph covers those who introduce jobs to foreigners who are not eligible:

"Persons who introduce jobs to ineligible foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to one foreigner, with a cap of not more than RMB 50,000 yuan in total; and entities that introduce jobs to ineligible foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to one foreigner, with a cap of RMB 100,000 yuan in total; and the illegal gains, if any, shall be confiscated."

The third paragraph covers employers:

"Individuals or entities that illegally employ foreigners shall be fined RMB 10,000 yuan for each illegally employed foreigner, with a cap of RMB 100,000 yuan in total; and the illegal gains, if any, shall be confiscated."

Law, Article 80 does not define "where circumstances are serious".

Questions people ask

Can I work in China on a tourist visa?

Law, Article 41 requires a work permit or a work-type residence permit before a foreigner works in China. Law, Article 43, item 1, deems work without one to be unlawful employment. Law, Article 43, item 2, deems work beyond the scope of a work permit to be unlawful as well. None of these provisions treats a tourist visa as a work permit or a work-type residence permit. If you plan any work in China, check the permit requirement in Law, Article 41 before you travel.

What is the penalty for a foreigner who works illegally?

Law, Article 80, first paragraph, sets a fine of not less than RMB 5,000 yuan and not more than RMB 20,000 yuan. Where circumstances are serious, the same paragraph adds detention for not less than five days and not more than fifteen days, plus a fine of the same amount range.

Suggestion, not a rule: before you plan any work in China, read the full texts of Law, Article 41 and Law, Article 43 yourself. For visa classes and what each one requires, see the visa classes section. For steps after arrival, see the after-arrival section.

Sources

• Exit and Entry Administration Law of the People's Republic of China (English text published by the National Immigration Administration)
• Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners (English text published by the National Immigration Administration)

Checked 11 October 2026

This page is an unofficial summary. It is not published by or affiliated with the National Immigration Administration, the Ministry of Foreign Affairs, any embassy, consulate or visa application service centre, and it is not legal or immigration advice. If the official text and the current notice of the office handling your case differ, the official text and that notice prevail.