Recently, many international students in China have received offers from domestic companies—authorizing their AI image or voice samples in exchange for payment. Can they accept this money? The National Immigration Administration has provided a clear answer to similar questions: In general, pure authorization does not constitute illegal employment.

I. How Does the Law Define "Illegal Employment"?

Article 43 of the Exit and Entry Administration Law of the People's Republic of China stipulates that foreign nationals commit illegal employment if they:

Work in China without obtaining a work permit and a work-type residence permit;

Work beyond the scope permitted by their work permit;

Violate work-study regulations by working beyond the permitted scope or time limits.

The core of illegal employment is "providing labor or services." Receiving only authorization fees without engaging in actual work does not meet the legal definition of "employment."

II. What Is the Legal Nature of AI Authorization?

According to the Implementation Regulations of the Individual Income Tax Law, royalties refer to income derived from licensing patents, trademarks, copyrights, and other franchise rights.

The Department of Foreigner Management of the NIA has clearly stated: Pure authorization of image or voice in exchange for payment does not constitute royalty income in principle; only when bundled with copyright or performer's rights may it be recognized as such. This act constitutes pure authorization, not the provision of labor, and the compensation is not labor remuneration; therefore, it is not regarded as illegal employment.

III. Risks to Be Aware Of

1. Specify the scope of authorization: The written agreement should specify the scope, term, territory, sublicensing rights, and the obligation to destroy data upon expiration to prevent misuse.

2. Do not disguise authorization as labor: If, beyond authorization, you participate in the production, performance, or recording of AI content for compensation, it involves providing labor and risks being deemed illegal employment.

3. Protect your personality rights: Unauthorized collection of biometric data (appearance, voiceprints) to generate digital humans may infringe upon portrait and voice rights; proactively signing a written authorization is a necessary measure to protect your rights.

4. Beware of unregistered intermediaries: State Council Order No. 841, effective September 15, explicitly prohibits intermediaries from assisting in the illegal processing of exit-entry documents. For agencies advertising "guaranteed approval via AI authorization," verify their registration status first.

Pure authorization of an AI image or voice in exchange for payment does not constitute illegal employment. However, a written agreement with clearly defined scope and term must be signed, and authorization must not be disguised as regular employment. For inquiries, please call the 12367 hotline.

Shaanxi Foreigners Service Platform reminds you: Policies have boundaries; authorize with caution. For further inquiries, feel free to DM us.

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