To work legally in China you need two things, not one: a work permit approved in your employer’s name, and a work-type residence permit. A Z visa is only the entry ticket. Article 41 of the Exit and Entry Administration Law says that a foreigner who works in China must obtain a work permit and a work-type residence permit, and that no unit or individual may employ a foreigner who does not hold them.

The two-step rule: work permit first, then residence permit

The employer files the work permit application in China before you travel, and the Z visa is issued on the strength of that approval. After you enter, Article 30 gives you 30 days from the date of entry to apply to the local exit-entry administration for an alien’s residence permit. Work-type residence permits run from a minimum of 90 days to a maximum of five years. If you need longer, Article 32 requires you to apply to extend it at least 30 days before expiry.

Working without the right documents is illegal employment

Article 43 defines illegal employment as: (1) working without a work permit and work-type residence permit; (2) working outside the scope of your permit; and (3) students working beyond the permitted positions or hours. Article 80 sets the penalty for the worker at a fine of RMB 5,000 to RMB 20,000, or detention of five to 15 days plus a fine where the case is serious. The employer pays a separate fine of RMB 10,000 for each illegally employed foreigner, up to RMB 100,000; anyone who introduces illegal workers pays RMB 5,000 per person.

What this means in practice

Three points matter. First, the permit belongs to the employer, not to you: changing jobs normally means a new permit, because your residence permit is tied to the scope of the work permit. Second, a business (M) visa or a tourist (L) visa is not a work authorisation — being paid in China for work performed in China is the classic fact pattern behind illegal-employment fines. Third, keep the two deadlines: 30 days after entry to convert, 30 days before expiry to extend.

A short illustration

Assume this hypothetical: a foreign engineer enters China on an M visa to “help with a project” for three months and is paid monthly from a Chinese bank account. That is illegal employment under Article 43 no matter how short the assignment is. He faces a fine or detention under Article 80, and the company faces RMB 10,000 per person. The compliant route is a work permit plus a work-type residence permit before the work begins.

Common questions

Q: Can I start work while my residence permit application is pending?

A: No. Article 41 requires you to hold both the work permit and the work-type residence permit. The 30-day window after entry is for completing the paperwork, not for working.

Q: Does the employer have to do anything?

A: Yes. The work permit is applied for by the employer, and Article 45 requires units that employ foreigners to report the relevant information to the local public security organ.

Q: What if my permit covers a narrower role?

A: Working outside the scope of your work permit is illegal employment under Article 43(2), so a new role may require the permit to be changed first.

Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512