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RULES FOR THE IMPLEMENTATION OF THE THE CONTROL OF THE EXIT AND ENTRY OF CITIZENS

    Article 2  These Implementation Rules shall apply to cases concerning
Chinese citizens entry into or exit from the country on private business. The
term "private business" means residing, visiting relatives, visiting friends,
inheriting properties, going abroad to study at one's own expense, obtaining
employment, making a tour, and other private affairs.
Chapter II  Exit from the Country

    Article 3  Citizens residing in China that wish to leave the country on
private business shall apply to the entry-exit control department of the
municipal or county bureau of public security, answer relevant questions, and
go through the following procedures:

    (1) to present, for examination, their residence booklets or other
certificates of residence registration;

    (2) to fill in the exit application form;

    (3) to submit the written comments of the applicant's work unit on the
applicant's exit from the country;

    (4) to present the certificates supporting the applicant's reasons for
exit from the country.

    Article 4  The certifying documents as mentioned in Item 4 of Article 3 in
these Implementation Rules refer to the following:

    (1) any applicant who wishes to leave China and reside in a foreign
country must present documents of certification of consent by his/her
relative(s) residing in the foreign country the applicant is to reside in or
the residence premit issued by the country of destination:

    (2) any applicant who wishes to leave the country and pay a visit to
his/her friend(s) or relative(s) present the written invitation sent by these
friend(s) or relative(s):

    (3) any applicant who wishes to leave the country and inherit properties
must present certifying papers indicating that he/she has the legitimate right
to inherit the properties;

    (4) any applicant who wishes to leave the country and study abroad at
his/her own expense must present documents of certification indicating that an
educational institution has admitted him/her and also a necessary financial
affidavit;

    (5) any applicant who wishes to leave the country and obtain employment
abroad must present certifying papers indicating engagement or employment by a
host/hiring institution or employer;

    (6) any applicant who wishes to leave the country for a tour abroad must
present certifying papers indicating that he/she has the foreign exchange
needed for the tour.

    Article 5  The municipal or county bureau of public security shall, within
30 days of receiving his/her exit application; or within 60 days for
out-of-the-way and difficult-of-access places; make a decision on approving or
disapproving the application, and notify the applicant about the decision.

    In the event that the applicant does not receive the notification about
the decision on the application within the prescribed time limit, he/she shall
have the right to make an inquiry, and the department handling the application
shall give a reply; in the event that the applicant holds that the decision
about the disapproval of the exit application does not accord with the
stipulations in "The Law of the People's Republic of China on the Control of
the Exit and Entry of Citizens", he/she shall have the right to appeal to the
public security department at a higher level, and the department handling the
application shall make a decision and give a reply.

    Article 6  Citizens residing in China whose exit applications have been
approved shall obtain from the entry-exit control department of the public
security bureau the passport of the People's Republic of China, together with
the exit registration card.

    Article 7  Citizens residing in China who have already obtained the visa
or the entry permit for the country of destination shall go through the
residence procedures before leaving the country. Those who are leaving to
reside in a foreign country shall go to the local police station or the
residence registration office to cancel their residence registration. Those
who are leaving the country only for a short period of time shall go through
the procedures of residence registration for a short-term absence from the
country and, after returning to China, resume their regular residence
registration at places of their original residence by presenting their
passports.

    Article 8  Chinese citizens residing in foreign countries who have
returned to China for a visit may leave the country by producing valid visas
or valid travel permits issued by the People's Republic of China or other
valid entry-exit certificates, without the need of visa applications.
Chapter III  Entry into the Country

    Article 9  Chinese citizens residing in a foreign country, who wishes to
return to China for a short period of time to visit their relatives and
friends, make investments, do business, or make a sight-seeing tour, may enter
the country by producing valid passports or valid travel certificates issued
by the People's Republic of China, or by presenting other valid entry-exit
certificates, without the need of visa applications.

    Article 10  Chinese citizens residing in a foreign country who request to
return to and reside in China shall before entering the country, apply to
Chinese diplomatic missiotas, consulates or other resident agencies abroad
authorized by the Ministry of Foreign Affairs; they, or through their
relatives in China, may also apply to the municipal or county bureau of public
security in the locality of their destination; and the public security
department of the province, autonomous region, or municipality directly under
the Central Government shall examine their cases and grant them residence
certificates.

    Article 11  Chinese citizens residing in a foreign country who request to
return to China for employment shall apply to China's labour and personnel
department or to host and employer units.

    Article 12  Chinese citizens residing in a foreign country who have
decided to return to reside or obtain employment in China shall, within 30
days of arrival at their destination, go through the procedures for regular
residence registration at the local bureau of public security by presenting
their certificates for residence in China or certificates of invitation and
employment as approved by China's labour and personnel department.

    Article 13  Chinese citizens residing in foreign countries who wish to
return to and stay in China for a short period of time shall, in accordance
with the stipulations of residence administration, go through the registration
procedures for temporary lodging. Those who accommodate at such enterprises
and institutions as guest houses, hotels, hostels and schools, or at state
organs, public organizations or other institutions shall fill in temporary
lodging registration forms; with respect to those who accommodate at their
relatives' or friends' houses, they or their relatives or friends, shall,
within 24 hours (within 72 hours in the countryside), go through the
registration procedures for temporary lodging at the local police station or
at the residence registration office.
Chapter IV  Exit and Entry Inspection

    Article 14  Chinese citizens shall enter or leave the country from
designated ports or ports open to aliens, present to the border inspection
office their passports issued by the People's Republic of China or other
entry-exit certificates, fill in the entry-exit registration card, and accept
inspection.

    Article 15  The border inspection office shall have the right to forbid
any of the following categories of persons to enter or leave the country:

    (1) those who hold no passports issued by the People's Republic of China
or other entry-exit certificates;

    (2) holders of invalid passports or other invalid entry-exit certificates;

    (3) holders of forged, altered and other than their own passports and
certificates;

    (4) those who refuse to produce their certificates for examination.

    Persons who fall under the circumstances as stipulated in the preceding
Items (2) and (3) shall be dealt with in accordance with the provisions in
Article 23 of these Implementation Rules.
Chapter V  Administration of Certificates

    Article 16  The passport and the travel certificate issued by the People's
Republic of China, the principal certificates used by Chinese citizens for
entering and leaving the country, shall be kept and used by the bearer. No
state organs or public organizations, no enterprises, institutions or
individuals shall have the authorization to withhold these certificates,
excepting that the public security department and the original issuing
department which shall have the power to revoke and take over the
certificates, and that the people's procuratorate and people's court which
shall have the power to withhold the certificates according to law.

    Article 17  Passports issued by the People's Republic of China are valid
for 5 years, and they may be extended twice, each time not exceeding 5 years.
The application for extension shall be made before the passport's term of
validity expires.

    In places outside China, the extension of passports shall be handled by
Chinese diplomatic missions, consulates or other resident agencies abroad
authorized by the Ministry of Foreign Affairs. In China, the extension of
passports held by Chinese citizens residing abroad shall be handled by the
public security bureau of the province, autonomous region, or municipality
directly under the Central Government, and also by the entry-exit control
department of the public security department authorized by the aforesaid
public security bureau; the extension of passports held by citizens residing
in China shall be handled, before the holders leave the country, by the
original issuing department of public security, or by the entry-exit control
department of the public security department in the locality where the holders
have their residence registration.

    Article 18  Travel certificates issued by the Pcople's Republic of China
are classified into two categories: one category is valid for 1 year and one
trip only; the other category is valid for 2 years and multiple trips; these
two categories of travel certificates are issued by Chinese diplomatic
missions, consulates and other resident agencies abroad authorized by the
Ministry of Foreign Affairs.

    Article 19  The entry-exit passes of the People's Republic of China are
passes for entering or leaving China, and are issued by the public security
bureau of the province, autonomous region, or the municipality directly under
the Central Government, and also by the public security department authorized
by the aforesaid public security bureau. Such entry-exit passes, during their
term of validity, may be used for one trip or multiple trips. The passes that
are valid for one trip shall be taken over by the border inspection office
when the holders leave the country.

    Article 20  When necessity arises for making changes or remarks in the
entries of passports and certificates as a result of the changes in the
holders' conditions, the holders of passports issued by the People's Republic
of China or other entry-exit certificates shall apply separately to the
entry-exit control department of the municipality or county bureau of public
security, or to China's diplomatic missions, the consulates or other resident
agencies abroad authorized by the Ministry of Foreign Affairs, and submit to
them certificates supporting the changes or remarks or other explanatory
materials.

    Article 21  In the event that the passports of the People's Republic of
China and other entry-exit certificates, as held by Chinese citizens, will
expire soon, or that the attached pages for visas have been used up so that
the term of validity cannot be extended, or that the passports have been
seriously damaged and can no longer be used, the holders may apply for a
reissue of the passports, and at the same time return the old passports they
hold; in the event that the holders request to keep the old passports, the old
passports may be bound up with the new ones for use. In the event that a
passport or an entry-exit certificate has been lost, the holder should report
the case to China's competent department, and publish a statement in a
newspaper announcing its loss before applying for reissuance. The change or
reissuance of passports and entry-exit certificates shall be handled, in
places other than China, by Chinese diplomatic missions, consulates or other
resident agencies abroad authorized by the Ministry of Foreign Affairs, and,
in China, by the public security bureau of the province, autonomous region, or
municipality directly under the Central Government, or by the entry-exit
control department of public security department authorized by the aforesaid
public security bureau.

    Article 22  Passports of the People's Republic of China and other
entry-exit certificates shall be revoked or declared invalid if their holders
are in any of the following circumstances:

    (1) the holder has been sent back to China because he/she entered, resided
or stayed in the country of destination illegally;

    (2) citizen residing in China has used his/her passport for swindling and
bluffing.

    The decision to revoke passports and other entpy-exit certificates or to
declare them invalid shall be made by the original issuing department or by
its higher authorities.
Chapter VI  Penalties

    Article 23  Persons who have used forged, altered, or other persons'
certificates for entering or leaving the country may, in addition to taking
over their certificates, be given a warning, or held in detention for up to 5
days, depending on the seriousness of the cases.

    Articlc 24  Persons who have forged, altered or transferred the possession
of entry-exit certificates shall be held in detention for up to 10 days; if
the case is serious and a crime is constituted, the criminal responsibilities
of the offenders shall be investigated in accordance with the relevant
provisions of "The Criminal Law of the People's Republic of China".

    Article 25  Persons who have given fabricated accounts and presented
forged certificates, or have resorted to bribery, to obtain the entry-exit
certificates, shall be given a warning, or held in detention for up to 5 days
if the circumstances are minor; if the case is serious, and a crime is
constituted, the criminal responsibilities of the offenders shall be
investigated in accordance with the relevant provisions of "The Criminal Law
of the People's Republic of China".

    Article 26  In the event that personnel of public security departments are
discovered to have taken advantage of their position and power, while
executing "The Law of the People's Republic of China on the Control of the
Exit and Entry of Citizens" and these Implementation Rules, to demand or
accept bribes or to have committed other acts of dereliction of duty, a
disciplinary sanction shall be imposed on them by the competent authorities at
their discretion, if the circumstances are minor; if the case is serious and a
crime is constituted, the criminal responsibilities of the offenders shall be
investigated in accordance with the relevant provisions of "The Criminal Law
of the People's Republic of China".
Chapter VIII  Supplementary Provisions

    Article 27  Procedures for the control of Chinese citizens leaving the
country on official business and of Chinese ship's crew leaving the country
for executing tasks shall be formulated separately.

    Article 28  These Implementation Rules shall go into effect on the day of
their promulgation.