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Category | PUBLIC SECURITY | Organ of Promulgation | The State Council | Status of Effect | In Force |
Date of Promulgation | 1994-07-15 | Effective Date | 1994-07-15 |
Rules for Implementation of the Law of the People's Republic of China on Control of the Entry and Exit of Aliens |
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These Rules are formulated in accordance with Article 33 Article 1 For entry into China, aliens shall apply for Aliens who hold ordinary passports issued by countries (1) they are invited at the last moment by a Chinese (2) they are invited to China to make a tender or to (3) they come to China by appointment to supervise an (4) they are invited to participate in the installation of (5) they come to China at the request of the Chinese side (6) they are invited to come to provide technical advisory (7) they come to China due to a last-minute change in the (8) they come to China to see patients in critical conditions, (9) owing to force majeure, persons in immediate transit (10) they are invited to China for other matters, and really Visa-granting agencies at entry ports shall not handle visa Article 2 Visa-granting agencies at entry ports, as authorized Article 3 Different categories of visa, such as diplomatic, Article 4 According to the stated purpose of aliens' visit to (1) D visa to aliens who come to China for permanent residence; (2) Z visa to aliens and their accompanying family members (3) X visa to aliens who come to China to study, to engage (4) F visa to aliens who are invited to China for a visit, (5) L visa to aliens who come to China for sightseeing or (6) G visa to aliens passing through China; (7) C visa to train attendants, airline crews and seamen (8) J-1 visa to aliens who come to China as a resident Article 5 Aliens applying for visas shall provide such (1) to present a valid passport or a certificate that can be (2) to fill in a visa application form and hand in recent (3) to present, for examination, documents of certification Article 6 The documents of certification as mentioned in (1) in applying for D visa, the permanent residence (2) in applying for Z visa, documents of certification (3) in applying for X visa, documents of certification (4) in applying for F visa, a letter or telegram sent by (5) in applying for L visa for a tourist trip in China, a (6) in applying for G visa, a valid visa for entering (7) in applying for C visa, the relevant documents of (8) in applying for J-1 or J-2 visa, documents of Aliens who are to come to China for permanent residence Article 7 Aliens coming under the following categories (1) those who are expelled by the Chinese Government (2) those who are considered prone to terrorist or (3) those who are considered prone to smuggling, (4) those who suffer from mental disorder, or infectious (5) those who lack the means to support themselves (6) those who are considered prone to other activities, after Article 8 Aliens may be exempt from going through the Article 9 When a vessel in international service anchors Article 10 Aliens shall, upon arrival at a Chinese port, Article 11 Upon arrival of a foreign aircraft or vessel (1) the aircraft commander, the captain or their agent (2) they shall report, immediately upon discovery, cases (3) they shall see that persons not permitted to enter the Article 12 The border inspection office shall have power (1) those who do not hold valid passports, certificates or (2) those who hold forged, altered or other than their own (3) those who refuse to have their certificates examined; and (4) those whose entry into or exit from the country shall not Article 13 Aliens shall, on leaving the country, present for Article 14 Aliens and means of transport of aliens, which are Article 15 With respect to those aliens who are forbidden to Article 16 Aliens who hold D, Z, X and J-1 visas shall, The residence permit for aliens shall be issued to those The temporary residence permit for aliens shall be issued Aliens who hold F, L, G, and C visas may stay in China Article 17 In applying for residence certificates, aliens (1) to present for examination their passports, visas and (2) to fill in the residence application form; and (3) where applying for the residence permit for aliens, to Article 18 The term of validity of the residence permit To aliens who satisfy the requirements as provided in Article 19 Aliens exempt from visa under the agreement The provisions of the preceding paragraph shall not apply Article 20 Aliens who need to prolong their stay or In the event that any alien, while staying in China, is Article 21 In case of any changes in the entries (name, Article 22 Where any holder of the residence permit for An alien residing permanently in China who wishes to apply Article 23 For the sake of national security, public order Article 24 Aliens residing permanently in China shall, The public security bureau may, when considering it Article 25 Aliens of 16 years of age or older who reside Article 26 As regards a foreign baby born in China, Article 27 In the event that an alien dies in China, his With respect to cases of aliens' unnatural deaths, the Article 28 The competent authorities of the Chinese Article 29 Aliens who stay at such enterprises or Article 30 Aliens who lodge with the Chinese residents Article 31 Aliens who lodge at resident foreign Article 32 Aliens having long-term residence in China who Article 33 Aliens who accommodate in mobile lodgings shall, Article 34 Aliens who wish to travel in cities or counties (1) to produce for examination their passport or residence (2) to submit certifications relating to their purpose of (3) to fill in the travel application form. Article 35 The longest term of validity of the travel permit Article 36 When aliens who have already obtained their travel Article 37 Aliens shall not enter places closed to aliens Article 38 Aliens shall leave the country within the time Article 39 Where holders of residence certificate for aliens Holders of residence certificate for aliens shall, when Article 40 Aliens who enter or leave China illegally Article 41 Persons in charge of means of transport Article 42 Aliens who, in violation of the provisions Aliens who violate the provisions of Article 21 and 22 Aliens who, in violation of the provisions of Article 23 Article 43 Aliens who, in violation of the provisions of Article 44 Aliens who engage in employment in China without Any organization or individual who employs aliens without Article 45 Anyone who is held responsible for, in Article 46 Aliens who, in violation of the provisions Article 47 Aliens who forge, alter, use other than their Article 48 Those who violate the Law on Control of the When an alien is unable to pay a fine, the penalty may Article 49 Penalties such as fines and detention provided Article 50 Persons are punished but refuse to accept Article 51 The penalties provided for in this Chapter Article 52 Aliens who wish to apply for extension or (1) to present for examination their passports, visas (2) to fill in the application form for extension or (3) to provide certifying documents relating to the Article 53 Aliens who apply for various types of The rates of fees for various types of visas and Persons from a country that has signed an agreement Article 54 Foreign children under 16 years of age Article 55 In the event that an alien has his visa Article 56 The format of various types of visas, Article 57 These Rules shall go into effect as of
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of The Law of the People's Republic of China on Control of
the Entry and Exit of Aliens (hereinafter referred to as The
Law on Control of the Entry and Exit of Aliens).
Chapter I Entry into the Country
visas from Chinese diplomatic missions, consular posts or
other resident agencies abroad authorized by the Ministry
of Foreign Affairs.
which have diplomatic relations or official trade contacts
with China as well as letters or telegrams from authorized
organization in China, may, under any of the following
circumstances where they must necessarily rush to China but
have no time for visa application to the aforesaid agencies,
apply for visas to the visa-granting agency at the entry port
as authorized by the Ministry of Public Security:
host to come to China for a trade fair;
formally sign an economic or trade contract;
export shipment, inspect an import commodity or to participate
in a check-and-accept operation in accordance with contracts;
equipment or in the emergency repair of an engineering project;
to solve a problem of claims;
services;
composition of a visiting group which took place after the visa
had been granted to the group and which is approved by the
Chinese side;
or to undertake funeral matters;
cannot leave the country within 24 hours by taking the original
plane, or have to change to other means of transport for leaving
the country; or
have no time to apply for visa to the aforesaid Chinese resident
agencies abroad but hold letters or telegrams from the designated
competent authorities that give the consent for them to apply for
visa from the visa-granting agency at the entry port.
applications of aliens who do not come under the aforesaid
circumstances.
by the Ministry of Public Security, are stationed at the following
ports: Beijing, Shanghai, Tianjin, Dalian, Fuzhou, Xiamen, Xi'an,
Guilin, Hangzhou, Kunming, Guangzhou(Baiyun Airport),
Shenzhen(Luohu, Shekou) and Zhuhai(Gongbei).
courtesy, service and ordinary visas, shall be issued to different
aliens in accordance with the different status in which they visit
China and the different categories of passport they hold.
China, the ordinary visas shall be marked with certain Chinese
phonetic letters:
who come to China for a post or employment;
in advanced studies, or to do fieldwork, for a period of 6 months
or more;
investigations, giving lectures, doing business, carrying out
scientific, technical or cultural exchanges, or for short-term
advanced studies or fieldwork, etc. for a period of not
exceeding 6 months;
visiting relatives or for other private purposes (group visa
may be issued to a group of nine or more aliens on a sightseeing
trip to China);
and their accompanying family members in international operations;
and
correspondent, while J-2 visa to foreign correspondents who come
to China for covering special events.
pertinent information as requested and go through the following
procedures:
used as a passport;
frontal hatless half-length passport-size photos; and
pertaining to the purposes of entry or transit application.
Item (3) of Article 5 of these Rules refer to:
confirmation form, which may be applied for by the applicant
himself or through his relatives in China to the entry-exit
control department of the public security bureau of the city
or county where the applicant is to reside;
issued by the sponsor or employer organization in China
indicating the engagement or employment, or letter or telegram
sent by an authorized organization;
issued by the receiving organization or by the competent
department concerned;
an authorized organization;
certificate of reception from a Chinese tourist service, and
when necessary, the flight, train or ship ticket for the
country(region) of destination after leaving China;
the country(region) of destination, or through tickets in
case such a visa is exempt;
certification that should be presented according to the
agreements concerned; and
certification issued by the competent department concerned.
or for residence of one year or more shall in addition, in
applying for entry visas, produce for examination a health
certificate issued by a medical institution designated by
the government of the country of their current residence or
one issued by any other medical institution and certified
by a notary public. The health certificate shall be valid
for 6 months from the date of issue.
shall not be permitted to enter China:
whose term of no-entry has not yet expired;
subversive activities or violence after entering the country;
prostitution or drug trafficking after entering the country;
diseases such as leprosy, AIDS, venereal diseases or contagious
tuberculosis, etc.;
financially while staying in China; and
entering the country, which shall jeopardize the security and
interests of the country.
procedures for obtaining a transit visa if they hold a through
ticket and have booked seats on international airliners flying
immediately through China and will stay in the transit city for
not exceeding 24 hours without leaving the airport; aliens who
wish to leave the airport shall apply to the border inspection
office for stopover permits.
at a Chinese port, the foreign crew members and their accompanying
family members shall, when wishing to disembark without leaving
the port city, apply to the border inspection office for
disembarkation permits, and, for lodging permits, when
wishing to stay overnight on land. Those who, with justification,
wish to go to places beyond the port city or are unable to leave
the country by the original vessel shall apply to the local public
security bureau for appropriate visas.
Chapter II Inspection of the Entry and Exit Certificates
present to the border inspection office for examination their
valid passport with visa and other relevant certificates issued
by the Chinese government, and fill in entry-exit cards. They
may enter the country after the border inspection office has
examined, approved and stamped their certificates.
at a Chinese port, the persons in charge shall fulfill the
following obligations:
shall submit to the border inspection office the lists of
the crew members and the passengers;
of persons aboard attempting to illegally cross China's borders
to the border inspection office for disposition; and
country leave on the original means of transport and that the
expenses during the stay in China of persons who cannot promptly
leave the country owing to force majeure are covered along with
their travel expenses for departure.
to prevent the entry or exit of aliens coming under the
following categories:
visas;
passports or certificates;
be permitted, as notified by the Ministry of Public Security or
the Ministry of State Security.
examination their valid passports or other valid certificates as
well as visas or residence permits authorizing their stay in China.
required by the visa-granting agencies to pass through designated
ports, shall enter or leave the country only through the designated
ports.
enter the country according to Article 12 of these Rules, in the
event that they are unable to return promptly by the original
means of transport, the border inspection office may take
necessary measures to restrict their bounds of activities,
and give orders for them to leave the country by the next
available means of transport.
Chapter III Residence
within 30 days of entry, go through the procedures with the
public security bureau of the city or county where they are
to reside for the residence permit for aliens or temporary
residence permit for aliens. The term of validity of the
aforesaid residence certificates shall be the time limits
of the authorized stay in China for the certificate holder.
who will stay in China for a period of one year or more.
to those who will stay in China for a period of less than
one year.
within the time limits as their visas indicate, without the
necessity to obtain the residence certificate.
shall provide such information as requested and complete the
following procedures:
documents of certification pertaining the purpose of their
residence;
present for examination their health certificate together with
their recent frontal hatless half-length passport-size photos.
for aliens shall be one to five years, which shall be decided
according to the purpose of residence of the alien by the
public security bureau of the city or county.
Article 14 of the Law on Control of the Entry and Exit of
Aliens, the public security organ may grant a long-term
residence permit ranging from one to five years, and a
permanent residence permit, to those with meritorious
performance.
between China and the relevant country shall, where they wish
to stay in China for a period of 30 days or longer, apply for
the residence certificate after entry, in accordance with
Article 16 and 17 of these Rules.
to aliens as mentioned in Article 34 of the Law on Control of
the Entry and Exit of Aliens.
residence in China beyond the expiration of their visas or
residence certificates shall apply for an extension before the
expiration of their visas or certificate.
found to have suffered any of the diseases as mentioned in
Item (4) of Article 7 of these Rules, the Chinese competent
authorities of public health may suggest to the public security
organ that the alien in question be ordered to advance his
date of exit from China.
nationality, occupation or status, place of work, address,
passport number and accompanying children, etc.) of the
residence permit for aliens, the permit holder shall, within
10 days, go through the registration procedures for the change
at the public security bureau stationed at the locality of his
residence.
aliens wish to move out of the city or county of residence, he
shall, before moving, go through the removal registration
procedures at the public security bureau stationed at the
locality of his residence and, within 10 days after moving
in, go through the moving-in registration procedures at the
public security bureau stationed at the new locality.
for a change of residence shall first make an application to
the public security bureau at the new place of residence for a
permit, and then with this permit go through the removal
registration procedures in accordance with the provisions of
the preceding paragraph.
or other public interests, the municipal or county public
security bureau may impose restrictions on the establishment of
residences or business offices in certain areas by aliens or by
foreign institutions; residences or business offices already
established in the aforesaid areas under restrictions shall
move to the nonrestricted areas within the time limits
specified in the notice of removal issued by the
municipal or county public security bureau.
once a year and at a prescribed time, present their residence
permit for aliens to the local public security bureau for
examination.
necessary, notify an alien to present his residence permit
for aliens to the entry-exit control department for
examination, and the alien shall do so accordingly at the
time specified in the notice.
or stay in China shall carry with them their residence
certificates or passports for possible examination by the
police of foreign affairs.
the baby's parents or their agent shall, within one month
of the baby's birth, submit a report together with the baby's
birth certificate to the local public security bureau
and go through the registration procedures.
family member, guardian or agent shall, within 3 days of the
death, submit a report together with the death certificate of
the deceased to the local public security bureau, and present,
for cancellation, the residence certificate or visa of the
deceased.
persons concerned or the discoverers shall report the cases
immediately to the public security organ.
Government mentioned in Article 19 of the Law on Control
of the Entry and Exit of Aliens refers to the Ministry of
Labor of the People's Republic of China.
Chapter IV Registration for Lodging
institutions as guesthouses, hotels, inns, hostels, and
schools, or at government departments, public organizations
and other Chinese institutions shall produce their valid
passports or residence certificates, and fill in the
registration form of temporary accommodation. When seeking
accommodation in an area not open to aliens, they shall
produce their travel permit in addition.
shall, through the hosts or by themselves, within 24 hours
of their arrival in a city or a town, submit a report to the
local public security organ with their passport and other
certificates and the host's residence booklet, fill in the
registration form of temporary accommodation, and within 72
hours of their arrival in the countryside, report to the local
police station or to the local residence registration office.
institutions in China or with other aliens residing in China
shall through the host institutions or the hosts or by
themselves, within 24 hours of their arrival, submit a report
to the local public security organ with their passport or
residence certificate and fill in the registration form of
temporary accommodation.
wish to lodge temporarily in a place other than their own
residence shall report and register the accommodation in
accordance with the provisions of Article 29, 30 and 31 of
these Rules.
within 24 hours, submit a report to the local public security
organ. The organizations or individuals who furnish sites for
aliens' mobile lodgings shall 24 hours in advance submit a
report to the local public security organ.
Chapter V Travels
that are not open to aliens shall apply in advance to the public
security bureau of the city or county where they stay for a
travel permit, and they can start for their destination only
after they have obtained permission. To apply for a travel permit,
aliens shall go through the following procedures:
certificate;
travel; and
for aliens shall be one year, provided that it shall not exceed the
term of validity of their visa or residence certificate.
permit wish to extend the term of validity of their travel permit,
to visit additional spots that are not open to aliens, or to
increase the number of accompanying persons, they shall apply to
the public security organ for the extension or change.
without permission.
Chapter VI Exit from the Country
limits specified in their visas, or within the term of validity
of their residence certificates.
leave and are to reenter China within the term of validity of
their residence certificate, they shall, before leaving, apply to
the local public security organ for a reentry visa in accordance
with the relevant provisions of Article 5 and 6 of these Rules.
leaving China, present their residence certificate to the border
inspection office for cancellation if they will not return to the
country.
Chapter VII Penalties
may be punished with a fine of 1000 to 10000 yuan, or held
in detention for 3 to 10 days, and may also concurrently
be ordered to leave the country within a specified time
limits or be deported from the country; where the
circumstances are serious enough to constitute a crime,
they shall be investigated for the criminal responsibility
according to law.
or their agent who, in violation of the provisions of
Article 11 of these Rules, refuse to fulfill the obligations
may be punished with a fine of 1000 to 10000 yuan, or
be held in detention of 3 to 10 days.
of Article 16, 19 and 20 of these Rules, stay in China
illegally may be given a warning, or fined 500 yuan for
each day they stay for illegally with a maximum of 5000
yuan, or be held in detention of 3 to 10 days, and, where
the circumstances are serious, concurrently be ordered to
leave the country within a specified time limits.
of these Rules may be given a warning or punished with a
fine of not exceeding 500 yuan, and, where the circumstances
are serious, concurrently be ordered to leave the country
within a specified time limits.
of these Rules, do not carry out decisions made by the public
security organ may, in addition to being enforced to carry out
the decisions, be given a warning or punished with a fine of
1000 to 10000 yuan, and, where the circumstances are serious,
concurrently be ordered to leave the country within a specified
time limits.
Article 24 and 25 of these Rules, fail to present for
examination their residence permit as required, or to carry
with them their passport or residence certificate, or refuse
to be examined on their certificate by the police may be given
a warning or punished with a fine of not exceeding 500 yuan,
and, where the circumstances are serious, concurrently be
ordered to leave the country within a specified time limits.
approval of the Ministry of Labor of the People's Republic of
China or departments authorized thereby may, in addition to being
demanded an end to their office or employment, be punished with
a fine of not exceeding 1000 yuan, and, where the circumstances
are serious, concurrently be ordered to leave the country
within a specified time limits.
permission may, in addition to being demanded an end to its/his
employ, be punished with a fine of 5000 to 50000 yuan and in
addition, be ordered to bear all the expenses required for
repatriating the aliens they employ without permission.
violation of the provisions of Chapter IV of these Rules,
the failure to go through the registration procedure for
getting accommodation or to submit a report to the public
security organ for lodging registration, or for providing
accommodation to an alien who does not hold any valid
certificate, may be given a warning or punished with a
fine of 50 to 500 yuan.
of Article 34, 36 and 37 of these Rules, make a tour to an
area not open to aliens without approval may be given a
warning or punished with a fine of not exceeding 500 yuan,
and, where the circumstances are serious, concurrently be
ordered to leave the country within a specified time limits.
own, transfer or traffic in visas or other certificates may,
in addition to the revocation or confiscation of the original
visas or other certificates with confiscation of their
illegal gains, be punished with a fine of 1000 to 10000 yuan,
or held in detention of 3 to 10 days, and also concurrently
be ordered to leave the country within a specified time
limits, and, where the circumstances are serious enough to
constitute a crime, be investigated for the criminal
responsibility.
Entry and Exit of Aliens and these Rules due to force majeure
may be exempted from penalty.
take the form of detention.
for in this Chapter shall also be applicable to persons who
are held responsible for assisting aliens to enter or leave
the country illegally, causing aliens to reside or stay in
China illegally, engaging or employing aliens who seek jobs
without permission, or facilitating aliens without valid
travel certificates in their entry into areas not open to
aliens.
the penalty of a fine or a detention imposed by the public
security organ may, within 15 days of receiving the notice,
appeal, directly or through the original organ that made
the decision on punishment, to the public security organ
at a higher level, which shall, within 15 days of receiving
the appeal, make a final decision. Persons who are punished
may also bring a suit directly to the local people's court.
shall be executed by the public security organ.
Chapter VIII Other Provisions
alteration of various types of visas or certificates shall
go through the following procedures:
and other certificates;
alteration; and
extension or alteration.
visas or certificates, or for extension or alteration
of their visas or certificates, shall pay fees for
visas or certificates according to the relevant provisions.
certificates shall be separately prescribed by the
Ministry of Public Security and the Ministry of Foreign
Affairs.
with the Chinese government on fees for visas shall follow
the relevant agreement.
who share the same passport with their parents or
guardian, need not, when coming to China with their
parents or guardian, go through separately the procedures
for entry, transit, residence or travel.
or certificates issued by the Chinese government lost or
damaged, he shall promptly report to the entry-exit
control department of the local public security bureau
and apply for a replacement. Aliens who have lost their
residence permit for aliens shall publish an
announcement in a local newspaper to declare the lost
permit invalid.
certificates and application forms mentioned in these
Rules shall be made out separately by the Ministry of
Public Security and the Ministry of Foreign Affairs.
the date of promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rfiotcoteaeoa666