外国人抖音直播卖货的可行性：有中国永居卡就意味着万事大吉？

    “我刚拿到中国永居卡，想在抖音直播卖我们国家的特色产品，不知道行不行？是不是有了永居卡就能直接开播？” 

    "I just got my Chinese permanent residency card and want to livestream on Douyin to sell local specialties. Is this possible? Can I start livestreaming right away with my permanent residency card?"

    最近，这样的咨询越来越多。随着中国直播电商行业的火爆，不少外国人都想抓住这个机遇，把海外好货带给中国消费者，但关于 “能不能播”“有永居卡够不够” 这些问题，很多人还一头雾水。

    Recently, I've been seeing an increasing number of inquiries like this. With the booming livestreaming e-commerce industry in China, many foreigners are eager to seize this opportunity and bring high-quality overseas products to Chinese consumers. However, many remain confused about whether they can livestream and whether having a permanent residency permit is sufficient.

    

    来自韩国的金先生，去年拿到了中国永居卡，看到身边朋友在抖音直播卖美妆产品做得风生水起，也想尝试。他没做太多准备，就注册了抖音账号，上架了几款韩国本土护肤品开始直播。可刚播了不到一小时，账号就收到了平台的警告，说他 “未完成外籍创作者资质备案，且商品资质未通过审核”，直播被迫中断。

    Mr. Kim from South Korea obtained a Chinese permanent residence card last year. Seeing that his friends around him were doing well selling beauty products through live streaming on Douyin, he also wanted to give it a try. Without much preparation, he registered a Douyin account, put several Korean local skincare products on the shelves, and started live streaming. However, less than an hour into the broadcast, his account received a warning from the platform stating that he "had not completed the qualification registration for foreign creators and the product qualifications had not passed the review," and the live stream was forced to stop.

    

    另一位来自法国的安娜，有永居卡，直播卖法国红酒，前期顺利开播还赚了不少钱，可到了报税期，因为不清楚外籍人士在华直播带货的税务规定，没及时申报纳税，被税务部门约谈，不仅补缴了税款，还交了罚款，原本的盈利大打折扣。

    Another person, Anna from France, who has a permanent residence card, live-streams to sell French red wine. She started her live-stream smoothly in the early stage and even made a lot of money. However, during the tax filing period, because she was not clear about the tax regulations for foreigners live-streaming and selling goods in China, she failed to declare and pay taxes in a timely manner. She was interviewed by the tax authorities, not only had to pay back the taxes, but also a fine, which significantly reduced her original profits.

    这两个案例告诉我们，外国人在抖音直播卖货并非 “想播就能播”，有了中国永居卡也不代表 “万事大吉”。永居卡确实是重要的 “敲门砖”，它能让外国人在华长期合法居留，为开展直播带货业务提供了基础条件，比如不用像工作签证那样，受停留时间限制，也无需申请工作许可。但要合规开播，还需要满足一系列政策要求和平台规则，少了任何一个环节，都可能面临直播中断、账号受限甚至法律风险。

    These two cases tell us that it is not true that foreigners can start live-streaming sales on Douyin "whenever they want", and having a Chinese Permanent Residence Card does not mean "everything is going to be fine". The Permanent Residence Card is indeed an important "stepping stone" as it allows foreigners to reside legally in China for a long time, providing basic conditions for carrying out live-streaming e-commerce businesses. For example, unlike with a work visa, there are no restrictions on the length of stay, and there is no need to apply for a work permit. However, to start live-streaming in compliance with regulations, one must meet a series of policy requirements and platform rules. Missing any link may lead to interruptions in the live stream, account restrictions, or even legal risks.

    从政策层面来说，根据《外国人在中国就业管理规定》和《网络直播营销管理办法》，外国人在华从事直播带货这类营利性商业活动，即便有永居卡，也需要确保自身行为符合相关规定，不能规避 “非法就业” 的红线。直播带货属于经营性活动，必须完成相应的资质备案和登记，否则就可能被认定为 “未经许可从事经营性活动”，面临处罚。

    From a policy perspective, in accordance with the "Regulations on the Administration of Employment of Foreigners in China" and the "Measures for the Administration of Online Live Streaming Marketing", foreigners engaging in profit-making commercial activities such as live streaming with goods in China, even if they hold a permanent residence card, must ensure that their actions comply with relevant regulations and must not cross the red line of "illegal employment". Live streaming with goods is a business activity, and the corresponding qualification filing and registration must be completed; otherwise, it may be deemed as "engaging in business activities without permission" and face penalties.

    再看平台规则，抖音对于外籍人士直播带货有明确的要求。首先，外籍主播必须完成 “外籍创作者认证”，需要提交永居卡、无犯罪记录证明（包括境内和境外的）、个人身份证明等材料，经过平台审核通过后，才能获得直播带货的基础资格。如果是想以企业名义开展直播带货，还需要绑定国内合法注册的营业执照，比如有限责任公司，并且要确保企业经营范围包含相关商品的销售类目。

    Looking at the platform rules again, Douyin has clear requirements for foreign nationals live streaming to promote products. First, foreign anchors must complete the "Foreign Creator Certification". They need to submit materials such as a permanent residence card, a certificate of no criminal record (both domestic and foreign), and personal identification documents. Only after passing the platform review can they obtain the basic qualification for live streaming to promote products. If they want to carry out live streaming to promote products in the name of an enterprise, they also need to bind a legally registered business license in China, such as a limited liability company, and ensure that the business scope of the enterprise includes the sales categories of relevant products.

    另外，税务问题也是绝对不能忽视的重点。很多有永居卡的外国人误以为，有了永居卡就和中国公民的税务要求一样，或者觉得自己是外籍人士可以不用报税，这其实是很大的误区。

    In addition, tax issues are also a key point that must not be ignored. Many foreigners with permanent residence cards mistakenly believe that having a permanent residence card means they are subject to the same tax requirements as Chinese citizens, or that as foreign nationals, they do not need to file taxes. This is actually a big misunderstanding.

    根据中国《个人所得税法》，外国人在华通过直播带货获得的收入，包括商品佣金、粉丝打赏等，都属于 “境内所得”，需要依法申报纳税。如果在一个纳税年度内，在华居留时间超过 183 天，就属于 “居民个人”，需要按照综合所得税率（3%-45%）缴纳个人所得税；如果居留时间不足 183 天，属于 “非居民个人”，则按非居民个人税率（20%-45%）缴纳。而且，这笔税款不能遗漏，要么通过直播平台代扣代缴，要么自己主动向税务部门申报，一旦逾期未缴或漏缴，就可能被列入税务异常名单，影响个人征信，甚至面临罚款。

    According to China's "Individual Income Tax Law", the income earned by foreigners in China through live streaming commerce, including product commissions, fan tips, etc., all belongs to "domestic income" and needs to be declared and taxed in accordance with the law. If a foreigner resides in China for more than 183 days in a tax year, they are considered a "resident individual" and need to pay individual income tax at the comprehensive income tax rate (3%-45%); if the residence time is less than 183 days, they are considered a "non-resident individual" and will pay tax at the non-resident individual tax rate (20%-45%). Moreover, this tax payment cannot be omitted. It can either be withheld and paid by the live streaming platform or declared actively to the tax authorities by oneself. Once there is a delay in payment or omission, one may be included in the list of abnormal tax records, which will affect personal credit reporting and may even face fines.

    除了这些，商品合规和内容合规也至关重要。在商品方面，不是所有海外商品都能拿到抖音上卖。如果销售的是跨境商品，需要通过抖音的跨境电商通道，遵守中国关于跨境商品的 “正面清单” 管理规定，像一些未经备案的药品、医疗器械、不符合安全标准的食品等，都是绝对不能上架的。即便不是跨境商品，也要确保商品有完整的资质证明，比如质检报告、生产日期、保质期等信息，不能销售假冒伪劣产品，否则不仅平台会下架商品、处罚账号，还可能面临市场监管部门的调查。

    In addition to these, product compliance and content compliance are also crucial. In terms of products, not all overseas products can be sold on Douyin. If you are selling cross-border products, you need to go through Douyin's cross-border e-commerce channel and comply with China's "positive list" management regulations for cross-border products. For example, some unregistered pharmaceuticals, medical devices, and foods that do not meet safety standards must never be put on the shelves. Even if they are not cross-border products, it is necessary to ensure that the products have complete qualification certificates, such as quality inspection reports, production dates, shelf life and other information. The sale of counterfeit and shoddy products is prohibited. Otherwise, not only will the platform remove the products and punish the accounts, but they may also face investigations by market supervision authorities.

    在内容方面，直播内容要符合中国的法律法规和公序良俗，不能包含敏感信息，比如涉及政治、宗教、色情、暴力等内容，也不能进行虚假宣传，比如夸大商品功效、编造用户评价等。之前就有主播因为在直播中夸大某款保健品能 “治疗癌症”，被消费者举报，最终账号被永久封禁，还承担了相应的赔偿责任。

    In terms of content, live broadcast content must comply with China's laws and regulations as well as public order and good morals, and must not contain sensitive information, such as content involving politics, religion, pornography, violence, etc. It must also not engage in false advertising, such as exaggerating the efficacy of products, fabricating user reviews, etc. There was a case where a host exaggerated that a certain health product could "cure cancer" during a live broadcast, was reported by consumers, and ultimately had their account permanently banned and also assumed corresponding compensation liabilities.

    看到这里，可能有朋友会问：“那如果没有中国永居卡，只是持短期签证，比如 M 字商务签、Q 字探亲签还有其他签证，能不能在抖音直播卖货呢？”  不能，需办理 Z 字工作签证，取得外国人工作许可，再申请相应的居留许可，这样才能更合规、更稳定地开展业务。

    At this point, some friends may ask: "Then, if one does not have a Chinese Permanent Residence Card and only holds a short-term visa, such as an M-type business visa, a Q-type family visit visa, or other visas, can they sell goods through live streaming on Douyin?" No. They need to apply for a Z-type work visa, obtain a foreigner's work permit, and then apply for the corresponding residence permit. Only in this way can they carry out their business in a more compliant and stable manner.