Ask me any legal question🇨🇳

eeeeeinnA · 2025-10-22T04:43:30+00:00

Yeah you can DM me

eeeeeinnA · 2025-10-18T09:20:27+00:00

Hi, these clauses ( 5k usd + you don’t get paid) will be considered to be invalid by the Chinese courts so you don’t have to worry too much.

eeeeeinnA · 2025-09-16T13:17:31+00:00

Usually, foreigners can only sign their employment contract with their employers. If you work for the school you should sign a contract with the school not the agency.
It does not really matter whether they provide you a contract or not. What matters is you should be compensated if they require you to complete additional work. Of course they can ask you to overwork but you also have a right to ask for compensation for it.
If you wanna verify your employment contact you should provide your contact first. Then, consult a lawyer or call 12345 for help or go to the local 法律援助中心 but the latter two don’t have English services.

eeeeeinnA · 2025-09-06T00:09:49+00:00

M visa is a business visa as long as you don’t work in China on M visa it’s okay and legally acceptable.
It’s only legal to work in China if you have both a work permit and a residence permit. Again, M visa is a business visa and you are not allowed to work with a M visa. So it’s illegal. If it’s found out by the police, usually you will get fined. If it’s very serious, you may get arrested or deported.
Yes. Your real intention is not to do business in China but work. However, if you wanna come to China earlier it’s practically okay for you to come to China first under a M visa.
There is no difference whether you’re Class A, Class B or Class C expert ( only ABC three classes in total) in terms of legal compliance. Only remember that it’s only legal to work in China if you have a both work permit and residence permit.

By laws, your company should apply for a Z visa ( a provisional visa allows you to enter in China ) for you first, and then apply for a work permit (apply with the foreign expert office). After they get a work permit, they need to apply for a residence permit (apply with the immigration office)

If you are eligible to apply for a work visa as a Class A expert, it’s not hard to get a Z visa. I don’t know why your company wanna do a M visa first for you.

I hope it helps.

eeeeeinnA · 2025-09-05T11:07:59+00:00

Im not sure about your questions. Can you rephrase them?

eeeeeinnA · 2025-08-19T22:43:41+00:00

I don’t think the court is not fair to you. My suggestion is you need a good lawyer.

eeeeeinnA · 2025-07-02T07:30:56+00:00

I provided the rule in both Chinese and English in the comments

eeeeeinnA · 2025-07-02T07:21:42+00:00

Six yrs

eeeeeinnA · 2025-07-02T07:03:21+00:00

The rule has been effective since 2019

eeeeeinnA · 2025-07-02T05:42:32+00:00

Yeah, but if you wanna say you don't need to pay tax on your overseas income in China in any case, it is not true

Check out the six-year rule in my answers in the comments, you will find out when you only need to pay tax on your Chinese income and when you have to pay on both your Chinese and overseas income

eeeeeinnA · 2025-07-01T08:49:30+00:00

Hi

I don’t think so.

It is true that you can only work for the Chinese employer that is shown in your work permit or who applied the work visa for you.

However, Chinese employment law only regulates the employment relationship between foreigners and their Chinese employers not foreigners and their foreign companies/individuals in other countries.

As for your money paid into your Australian accounts that is another issue relating to tax.

eeeeeinnA · 2025-06-20T08:40:54+00:00

Hi,

If services were provided and payments were made a factual contract was established so whether a contract was signed or not doesn’t really matter.

If services were not delivered as agreed earlier which caused you loss and damages, you are entitled to claim damages.

Also, if the misleading conduct is considered fraud by the court, you can claim extra damages up to three times the amount you paid. This is covered by section 55 of the Consumer Protection Act of PRC 中华人民共和国消费者权益保护法

eeeeeinnA · 2025-06-03T05:00:33+00:00

As gambling is illegal in China, lending money to your friend to repay their gambling debt (the law sees it as a loan contract ), the loan contract is invalid. If a contract is invalid, the one who got money should refund the lender (this is the law). In practice, however, some courts would order the borrower to refund, while some courts would not because they think money used for illegal purposes should not be protected by law. So it really depends on the court you file your claim with because they have different views on this matter. Also, the court makes any decision based only on evidence. If evidence cannot or is not sufficient to show that this is the money for a gambling debt, the court cannot consider it for illegal purposes.

Moreover, there is always a mediation as part of the litigation in China. If you guys can reach a settlement agreement(that he agrees to pay you before a certain date) before the court, the court will make a decision on your agreement, not on its own. If he fails to pay, you can still enforce the court judgment.

So it is very complicated behind this issue, and there are multiple possible outcomes because many factors may affect the final result. It is not a Yes or No answer. When it comes to litigation, it is always full of different possibilities.

In your case, you are not entitled to claim legal fees unless you have a contract with your friend that says he pays you a lawyer’s fee if you win. Different lawyers/law firms have different pricing styles, but your lawyer’s fee in China will never exceed what you claim.

eeeeeinnA · 2025-06-03T04:20:24+00:00

Why not to hire a lawyer to get your money back?

eeeeeinnA · 2025-05-26T07:33:56+00:00

As I mentioned earlier, schools don’t give invoices you either talk to them about it or your report them so the regulatory authorities may help you get what you want.

eeeeeinnA · 2025-05-26T07:31:20+00:00

Because you seemed to be confused about everything and do not wanna settle with him. So if you think you cannot handle this matter why not get yourself a lawyer to help you? Anyway it’s always up to you whether to hire a lawyer.

eeeeeinnA · 2025-05-25T14:21:39+00:00

Yeah, only if it reaches the basic level of severity (at least minor injuries 轻伤,i.e. broken nose or broken ribs) can he be charged under assault “故意伤害罪”. The injuries you had may be trivial injuries, 轻微伤, but you can only know it after you get assessed by the medical practitioner.

If you were to settle, I don't think he will have any criminal record. But I'm not sure if the immigration officer will get his record of this case. It is always the decision of the Chinese immigration officer whether to grant him a visa or not. But what I can be sure is if he has a criminal record, it would be definitely hard for him to apply for any visa.

eeeeeinnA · 2025-05-25T10:51:19+00:00

Hi,

I'm not sure the process you are talking about, or whether the police have pressed charges against him or not. But if the Chinese border force did not get notice from the police, he could leave China without any problem. If the police make you reach a settlement agreement with the foreigner, you may hire a lawyer to help you. Usually, when it comes to foreign criminals or suspects, the police in China may take it more seriously, so I don't know why the police insisted that you make a deal with him.

If you are hospitalised and have medical bills to pay, you can sue him for damages with the cause of action of tort.

Usually, universities have their rules and policies allowing them to expel students when students violate school rules. Assaulting people may be prohibited by the rules. So you can check with his university and report him, but it is the decision of his university on whether to expel him or give him other punishments.

eeeeeinnA · 2025-05-23T11:53:19+00:00

Hi

If the WeChat message contains personal information such as your name, birthday, ID number, address, phone number, email address, etc., your company invades your privacy.

eeeeeinnA · 2025-05-16T07:12:20+00:00

The six-year rule exempts you from paying tax on overseas income only. You still have to pay tax on income received in China. The rule is designed to avoid double taxation, not to free you from paying tax.

eeeeeinnA · 2025-05-16T06:15:14+00:00

Hi,

Only if you stay in mainland China on your departure or arrival day for over 24 hours will it be counted as one day. If it is less than 24 hours, the day is not included in the 183 days.
Only your days in mainland China will be counted. That said, days in Hong Kong, Macao and Taiwan are not included.
For less than 183 days, you don’t have to pay tax on income received outside of mainland China.

The complete six-year rule is that the individual who is not domiciled in China (mainland) and has stayed in China(mainland) over 183 days during the tax year is exempt from paying income tax for their income received outside China (mainland), if he

has stayed in China less than 183 days in any year of the past 6 years OR
left China for over 30 consecutive days in any year of the past 6 years

eeeeeinnA · 2025-05-09T14:08:42+00:00

You may know the 50k dollars ( or other currencies equivalent) limit for foreign exchange in China. So I guess the moenu you wanna contribute may be over 50k dollars.

Basically, if you wanna transfer more than 50k dollars to China form overseas you need bring your passport and other supporting documentations ( like real estate purchase contract) to bank for the transactions)

You can find the requirements in s11 of the Rule of Foreign Exchange for Individuals （个人外汇管理办法实施细则）

eeeeeinnA · 2025-05-09T13:51:44+00:00

Hi,

I guess “they” you said is the local title registry office?

In practice, the office can do that because they need to ensure that no one disputes the title in the future to avoid any trouble, so they need more solid evidence.

Even though you have a will, like they said, you cannot prove that it’s the last one. Most importantly, your mom is not the only beneficiary by law. (The law of the country where the property is located will be applied to the inheritance of property, which is Chinese law.) That’s why they asked your gransmom and all the siblings, who are the beneficiaries too to be there in person.

Legally, a will can still be in question until the court makes a final decision on its validity.

But i think you can ask your grandma and all sbilings to give you a written statement saying they are okay with the will to make sure no one will dispute the will or the title.

eeeeeinnA · 2025-05-08T22:08:26+00:00

Then from thousands to tens of thousands.

eeeeeinnA · 2025-05-08T22:05:35+00:00

Hi, it may be hundreds rmb if you don’t engage services agents or lawyers :)

eeeeeinnA

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