Who Pays the Penalty for Foreigners' Failure to Register Accommodation?
In a recent string of incidents in Dongfeng, Guangdong, several foreigners and local businesses have been fined for not adhering to China's strict accommodation registration requirements for foreigners.
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Case Review
On September 7, 2024, a foreign client arrived at a company in the Anle Industrial Park in Dongfeng Town. The client stayed overnight at the company, yet the company failed to report this to the local police for accommodation registration.
This oversight violated the laws regulating foreigner accommodation in China, specifically the Foreigners' Accommodation Registration Regulations. As a result, the company's manager, Mr. Huang, was fined by the local authorities for neglecting the required registration process.
A few weeks later, on September 30, 2024, law enforcement uncovered a more serious case. A Vietnamese woman, who had illegally entered China, was found working in a restaurant and renting an apartment in Xiao Li Village in Dongfeng Town. Neither the landlord, Mr. Hu, nor the restaurant owner, Mr. Liu, had registered her accommodation with the police or reported her employment. As a result, all three individuals—the foreign worker, the landlord, and the restaurant owner—were each fined for violating the law.
Lastly, on November 30, 2024, police conducted a routine check at a rented house in Sui Cheng Village, Dongfeng, where they discovered a Vietnamese tenant residing there. The property manager, Mr. Liu, had failed to register the foreigner's accommodation information, resulting in an administrative penalty.
Legal Background
According to China's Exit and Entry Administration Law and the Regulations on the Implementation of the Exit and Entry Administration Law for Foreigners, foreigners are required to follow certain regulations when staying in China. These rules apply not only to hotels but also to other forms of accommodation, such as private homes and schools.
Article 39: If a foreigner stays in a hotel, the hotel must register their accommodation details with the local police within 24 hours of their arrival. If the foreigner stays at any other type of accommodation (e.g., a private home or rented apartment), either the foreigner or the host must register with the police within 24 hours of check-in.
Article 76: This law specifies penalties for those who fail to comply with the registration requirements. Individuals or businesses that house foreigners without registration may face fines of up to 2,000 RMB, and foreigners who refuse to cooperate with authorities may face warnings or penalties.
In most cases, both the foreigner and their host (whether an employer, landlord, or hotel owner) can be held accountable. If the foreigner fails to complete the registration, they may face a fine. However, the host is also responsible for ensuring the registration is completed in a timely manner. In the incidents in Dongfeng, fines were issued to employers, landlords, and foreign workers, all of whom were found in violation of the registration rules.
Source: 平安东凤
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