Is it Legal to Use a VPN in China?
If you weren’t already aware, China is known for having the most restricted internet in the world.
China manages the media diet of their citizenry through surveillance and censorship. Because of this, many people believe that VPNs are illegal to use in China.
So, is it illegal to use a VPN in China?
Is using a VPN in China officially a crime? The answer is “maybe.” And this isn’t the only thing that falls into a gray area when it comes to Chinese law. It all comes down to who you are and what you’re using a VPN for.
On March 31st of 2018, the Chinese government declared that usage of any VPNs not approved by the government was banned.
The problem was the ambiguous wording of this VPN declaration didn’t state explicitly whether the law was meant to apply only to businesses or individual users.
Undoubtedly, the government-approved corporate VPNs most definitely log all activities. But were VPNs considered acceptable for individual use? Is it illegal for a single person to have access to the worldwide web?
The Removal of Apps
All of the VPN apps have been removed from Chinese app stores. This hasn’t prevented some individual Chinese citizens from continuing to use VPNs, but it can be difficult for them to establish an account.
While challenging, it isn’t impossible. As long as there’s a way to download the client and a way to pay, many are still able to bypass the Great Chinese Firewall and use a VPN.
So, where do foreigners fit in on this score? What about the people who have VPNs preinstalled on their devices before entering the country?
It’s ambiguous. As of now, it would appear you have little to worry about using a VPN. But never say never.
The Arrest in Guangdong
What’s the possible punishment for using a VPN in China?
In January of 2019, a Chinese man in Guangdong was fined for accessing overseas websites.
They say that the man named Zhu was arrested for "setting up and using illegal channels to connect to international networks."
A spokesperson from the Ministry of Industry and Information said that "If Zhu did not do other illegal things then it would be inappropriate to punish him so hard for his actions."
This implies that he was engaging in activity that had drawn attention and got him singled out. But what had he done?
Some commenters have recognized that the man Zhu was using Lantern, which is not a VPN, but a proxy.
It's a development funded by the US State Department, so it's not a surprise that it provoked particular interest. This news story also served to deter other citizen VPN users.
The Ambiguity of Law
Perhaps one of the problematic parts of the situation is to determine with certainty what is or isn't allowed as a foreigner in China.
In Western countries, you know where you stand with the law, but in China, the legal “who, what, where,” and the extent to which they enforce the law tends to be arbitrary.
Old rules that have never been enforced may be cited as a reason when the authorities decide to arrest you for whatever reason.
That’s why it cannot be said that VPNs are “legal to use,” though you’ll find many expats online who say with a lot of certainty that they are.
While VPNs may or may not be illegal, if the government wanted to prevent their usage indefinitely, they have the tools to do so.
VPN providers and the Great Firewall engineers are frequently embroiled in a digital game of cat and mouse, making adjustments and corrections.
During political events, there have been times when VPNs have been blacked out for weeks, and no one in the mainland was able to get access abroad.
This is why some take their continued effectiveness in the mainland to mean a complicit, or indirect approval.
Some say that even if it turns out VPN usage was a no-no, the worst that might happen is you would have the client removed from your device. Again, that’s a lot of hypothetical thinking.
Why Doesn’t China Just Block All VPNs?
Some say the reason all VPNs haven't been banned outright in China is that they're still a necessary part of doing business for international companies in China. VPNs keep international transmissions of data secure.
And if they were all indefinitely blocked for good with no way to achieve access, it wouldn't just be the common rabble that would feel the pain. Businesses would also be hurting without VPNs.
Individual VPNs vs. Corporate VPNs
Apart from the case mentioned above of the man from Guangdong who got in trouble for using a VPN, there have been reports in places like Tibet or Xinjiang that some individuals have even been put into prison for using a VPN.
But of course, that might have something to do with suspicions of terrorist plotting.
Many still emphasize the focus on businesses that use VPNs illegally. If companies are using unregistered no-log VPNs, the government would have no way to monitor their activities. This means that certain organizations could hypothetically get away with fraud, so the implications are apparent.
Why does China hate VPNs?
The Chinese government just feels it's imperative to regulate what information their citizens have access to. They also disapprove of the encroachment of Western culture on China.
This is why so many popular social platforms from the West are blocked. VPNs also make it difficult to see who is engaging in what kind of behavior online.
What does a VPN do?
The most natural explanation, it makes your computer appear to be somewhere it's not so that you can access region-blocked content.
By creating a connection to a server in another place in the world, you can access data from that region as if you are physically there.
VPNs also have the benefit of encryption, concealing precisely what kind of data is being transmitted back and forth from the foreign server.
This is why they come highly recommended by experts when you decide to use public WiFi in a place like a coffee shop. People can’t easily intrude into your online activities.
Recommended VPN for China?
Over the seven years that I've lived here, I've tried some trials for different services, and the one that has been most consistent for me has been StrongVPN.
They just have the most reliable service, with almost no outages. When my other VPN services start going out, I can still connect with Strong without an issue.
If you're looking for other recommendations, check out my comprehensive guide on VPNs where I break down all of the considerations.
My top recommendations all come with a free, 30-day money-back guarantee, so you have nothing to lose by trying the services out.
Why you Might Need a VPN in China
There are a few reasons why a VPN might be necessary for you.
Keeping in touch with friends and family over social networks. If you like using Facebook or Gmail, these tools will be blocked when you arrive in mainland China. So, you'll need a VPN.
So, if you’re going to miss these platforms, you might want to subscribe to a VPN service that works.
Keeping connected with the rest of the world: It might be challenging to stay on top of current events when you are blocked from Western sites.
Having a VPN will help you stay informed without having to consume the local propaganda.
If you want to do business online while in China, having a VPN is an absolute necessity. You will need it to access Google services, do important market research, to upload videos to YouTube, and so on. Not having a VPN while living in the mainland will put you at an incredible competitive disadvantage.
The rest of the expected benefits still apply. You can use it to access region-blocked content like Netflix, browse the web with anonymity, and keep your data from falling into the hands of third parties.
StrongVPN is an excellent choice, with multiple servers at strategic locations around the world so that you can get connected when you need to.
Access your favorite content while in China
Is it possible to watch Netflix in China without a VPN?
Netflix is not available in China, but you can access it with DNS or a VPN. You can catch up with all of your favorite shows. Check my guide on the topic for details.
Apple has removed all of the apps from the App Store. How can I download in China?
Some people advise that you create another iTunes account with an address in the USA. Apparently, the apps aren't blocked from being downloaded in China, they're restricted based on your registered account.
I'm using Astrill, but it doesn't work on iOS. What can I do?
Use a different VPN. There are plenty to choose from.
ExpressVPN has a great iOS app that works well while living abroad supporting different protocols. They have IPSec, IKEv2, OpenVPN (UDP and TCP). Users have reported that this is one of the best VPN apps available for iOS.
Custom protocols are not supported on iOS because of the restrictions on third-party systems. Only OpenVPN, Cisco IPSec, and L2TP are useful on iOS.
You can use a VPN router or a virtual VPN router if you are using a VPN such as Astrill that doesn't work with these protocols.
Which is the best service to use?
If you don't understand what a VPN is or how to use one, then StrongVPN is the best choice. StrongVPN is easy to install and use.
If you’re an advanced user, then you can consider VyprVPN or ExpressVPN.
I have frequently updated recommendations on my Best VPN for China page.
Should I buy and download the apps before I come to China?
It's recommended that you subscribe to a VPN and install the client on your devices before coming to China. There are 2 reasons for this.
- The websites that you have to access to sign up and download VPN software might be inaccessible in China. If they’re blocked, you might find yourself in a catch 22 kind of situation, where you need a VPN to buy and download a VPN.
- You should check to make sure all of your devices can connect before you come to China. That way, you’ll be able to troubleshoot should you have any trouble getting connected to your VPN.
Should I get more than 1 service?
I recommend two to three different VPNs if getting past the firewall is very important to you. Check my guide for China recommendations.
Can I pay for it with a Chinese bank card / Union Pay / Alipay?
VyprVPN - Yes
StrongVPN - Yes
ExpressVPN - Yes
NordVPN – Yes
Is Facebook banned?
Yes, all social networking sites are banned in China, including Whatsapp, Snapchat, Reddit, and Discord. Check my article for more guidance on which sites are blocked by the firewall in China.