A foreign English teacher in Yunnan fined RMB 5,000 for unauthorized work outside his permitted scope successfully challenged an exit-deadline penalty. The administrative reconsideration process found the violation didn't meet the threshold for expulsion. The case illustrates legal recourse for foreign nationals facing disproportionate enforcement actions in China.
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Source: OT-Team(G), 司法部
China's Ministry of Justice of China has recently released a model administrative reconsideration case involving a foreign national who challenged an exit-deadline penalty imposed by a local public security authority in Yunnan Province, highlighting how administrative review mechanisms are being used to resolve disputes involving overseas residents.
Case Background
According to the published case summary, the applicant, a foreign citizen, had been invited by a school in China to work as an English teacher and held a valid Foreigner's Residence Permit from August 1, 2024, to July 29, 2025.
During an inspection, immigration authorities found that while residing in China, the individual had provided English translation services to an education consulting company outside the geographic scope permitted by the work authorization. The local public security sub-bureau determined that this constituted unauthorized employment beyond the approved work area.
Pursuant to Article 80(1) of China's Exit and Entry Administration Law, the authority imposed an administrative penalty consisting of a RMB 5,000 fine and an order requiring the individual to leave China within a specified period. The applicant filed for administrative reconsideration with the local district government on December 3, 2024, disputing the decision.
Review Process and Outcome
During the reconsideration process, the reviewing body identified the central issue as whether the exit-deadline penalty was appropriate under the circumstances.
After hearing statements from all parties, the review authority found that the dispute had largely arisen from translation discrepancies that led to information asymmetry between the parties. Both sides expressed willingness to resolve the matter through mediation.
To prevent irreversible harm to the applicant's lawful rights, the reconsideration body recommended temporarily suspending enforcement of the exit order while the case was reviewed. It further noted that although the applicant had committed a violation by working beyond the permitted scope, the conduct did not meet the statutory threshold for circumstances deemed "unsuitable for continued stay or residence," which would justify an order to leave the country.
Following an internal supervisory review, the public security authority concluded that the monetary fine alone was sufficient to correct the violation. It subsequently revoked the "exit within a time limit" portion of the original penalty decision. The applicant then voluntarily withdrew the administrative reconsideration application.
Significance of the Case
The case illustrates how administrative reconsideration can provide an efficient legal remedy for foreign nationals while helping authorities correct improper enforcement actions. By ensuring that penalties remain proportionate to the violation, the process protected the applicant's lawful residence rights while reinforcing compliance with Chinese law. Officials say the outcome reflects efforts to improve consistency in foreign-related law enforcement and to promote a more predictable, rules-based legal environment for international talent and investment.
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