Is using a VPN to bypass censorship in China illegal?

To be straightforward, there is currently no clear legal basis that makes using a VPN to bypass censorship illegal, but local governments often regard it as illegal during enforcement. Of course, this is not important because just in the last couple of days, China has introduced the latest "Cybercrime Prevention and Control Law," which is currently in the draft consultation stage, with a deadline in early March 2026.

If this "Cybercrime Prevention and Control Law" is officially implemented, it will be law. This prevention law addresses many issues, and interested parties can take a closer look. Among its multiple points related to VPN usage, it includes:

1. Changing network lines or telephone line installation addresses without registration.

2. Devices and software that have functions to alter caller numbers, virtual dialing, and illegally access public telecommunications networks.

3. Other equipment, software, tools, and services recognized by public security organs and telecommunication, broadcasting, and television authorities above the provincial level that are specifically used to commit network crimes or have functions to circumvent regulatory systems.

4. Equipment that has network virtual positioning functions.

5. Those providing server hosting, space rental, or cloud services must take measures to monitor, detect, block, and dispose of illegal information, websites, applications, service denial attacks, malicious codes, botnets, and illegally established virtual private networks.

6. The national internet information department will coordinate relevant departments and network operators to take technical and other necessary measures to block illegal information originating from outside the People's Republic of China. Network operators must promptly block network domain names, addresses, accounts, telephone lines, network lines, and applications used for illegal activities and report to public security authorities. No individual or organization may violate national regulations to produce, sell, or provide relevant equipment, software, tools, lines, or services, or provide technical support or help for others to access or disseminate information blocked by law.

Additionally, there are measures related to cryptocurrencies, such as:

Providing financial flow services to others using virtual currencies or other network virtual properties.

So what would the penalties be for using a VPN to bypass censorship if regarded as illegal in the future?

1. (Involving VPN usage) Violating the provisions of Articles 11 to 13 of this law by disturbing real-name registration and other systems may result in the confiscation of illegal gains by public security organs, and fines of more than one to ten times the illegal gains. If there are no illegal gains or the illegal gains are less than 20,000 yuan, a fine of less than 200,000 yuan will be imposed; for serious circumstances, detention of less than fifteen days may be imposed. Relevant authorities can blacklist individuals and organizations subjected to administrative penalties and require service providers to take measures to limit or prohibit account openings, etc.

2. (Involving VPN usage and virtual currency) Violating the provisions of Articles 14, 15, 17 (3), and 44 (3) of this law by producing, selling, providing, or using relevant equipment, software, tools, or services may result in confiscation by public security organs, internet information departments, telecommunications authorities, market regulation departments, etc., according to their responsibilities, and fines of more than one to ten times the illegal gains. If there are no illegal gains or the illegal gains are less than 50,000 yuan, a fine of less than 500,000 yuan will be imposed; for serious circumstances, detention of less than fifteen days may be imposed by public security organs.

3. (Providing VPN services) Violating the provisions of Articles 19 to 33 of this law by disturbing network order may result in requirements by public security organs, internet information departments, telecommunications authorities, financial, market regulation, culture, and tourism authorities, according to their responsibilities, to suspend relevant businesses, close websites or applications, revoke business licenses or permits, and impose fines of more than one to ten times the illegal gains; if there are no illegal gains or the illegal gains are less than 50,000 yuan, a fine of less than 500,000 yuan will be imposed; for serious circumstances, detention of less than fifteen days may be imposed by public security organs.

That's about it. If anything is unclear, you can ask AI. I have read through each point. Of course, this does not mean that simply using a VPN to bypass censorship will definitely be viewed as illegal, but as far as the law is concerned, it is like a sword of Damocles hanging over one's head.

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