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anonymous
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Q: Starting an e-commerce site while working on a Z visa in China - legal?

Hi all,

 

I'm working in China on a Z visa at the moment and I am looking to start an e-commerce website with my Chinese friend. I only work 7 hours a week (guess my job haha) so I will be able to do this around my day job.

 

However, I'm confused whether this e-commerce site will count as an employment, which I think is prohibited under the Z visa rules? If so, is there any way around this?

 

Another thing I'm trying to figure out is what is the best form of company registration that will allow:

 

- lower capital investment;

- both me and my Chinese partner to be legally recognised and protected under the law;

- doesn't infringe the Z visa rules;

- the ability for the company to grant me a Z visa in case I decide to quit my day job in the future.

 

Any advice pointing me in the right direction will be much appreciated!

 

9 years 28 weeks ago in  Visa & Legalities - China

 
Answers (6)
Comments (3)
Posts: 3025

Emperor

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I will only point out two things, you must draw your own conclusions afterwards.

1.- The Z visa (which expires 30 days after you enter China), and later the FEC, work permit and Residence permit, allows you to legally work for the employer that sent you the invitation letter and contract, AND NOT ANYONE ELSE.

2.- WORK for visa purposes is clearly defined in Chinese laws as any activity done, making no difference if you are paid for it or not.

Now, if you wish to sleep without worries, follow the letter of the law. If you are a chance taker, be prepared for the consecuences if caught.

In regards to the new company, a partnership where the chinese owns 51 % and you 49% can be formed after meeting capital requirements and forms completed and filed. Once the company is in operations more than a year, and a bond is deposited (to insure salaries of foreigners will be paid), your company could be legally qualified to hire foreigners and sponsor Z visas.

icnif77:

Miss you here!

 

I have one Q OT a bit:

 

'My Contract state 'I must get consent from RP sponsor for part-time work...'

If I would have written consent from my Prime school to work part-time at other school, would that make me 'legal working part-time' by Chinese law?

9 years 28 weeks ago
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9 years 28 weeks ago
 
Posts: 9

Governor

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Ok thank you. Can you please clarify this for me: if the company is registered overseas or in HK or as a WFOE, does doing some work for it count against the Z visa/residence permit?

 

Also, in the case of 51/49 partnership, can one be put down as a 49% partner without breaching the work for the visa purposes?

Or, in the case of the company operating more than 1 year issuing a Z visa, will it be able to offer the Z visa attached with the ability for the foreigner (me) to undertake on extra work (i.e. for me to be able to keep my day job)?

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9 years 28 weeks ago
 
Posts: 115

Governor

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you totally confuse two concept. 

 

1 Z visa is only for you to stay china for 30 days. after that, you have to apply for work permit and resident permit. 

 

2 if you have form a new company, then you have shift your work permit and resident permit under your new company  which means you have to apply for the resident permit and work permit again without leaving China if your resident permit is still valid

 

3 for the partnership, based on your description, the best option will using the Hong Kong Company to set up WOFE in China. Question: if you guys only do E-commerce like taobao, no need to set up company in China. But for Tmall or alibaba, then you have to set up your company.

 

wchowsilpa:

Thanks for your clarification regarding transferring the work permit. Yeah I'm a little confused about the terminology; right now I have the Z visa, work permit and residence permit for my current employment but I don't know what the combination of these 3 things is called so I just call the entire thing Z visa.

 

Also, we're hoping to create a website that will offer services to expats and local companies, not based off Taobao, Tmall or Alibaba..

9 years 28 weeks ago
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9 years 28 weeks ago
 
Posts: 2

General

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9 years 27 weeks ago
 
Posts: 1845

Shifu

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These posts look like they are set up for the above company to advertise.

wchowsilpa:

Or simply looking for genuine advice because I don't want to pay a company for it?

9 years 27 weeks ago
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9 years 27 weeks ago
 
Posts: 115

Governor

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nope, i am not. 

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9 years 26 weeks ago
 
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Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer; 2. Employer applies for an Invitation letter; 3. Exit China and apply for Z visa in your home country's Chinese embassy ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77