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| Category | PUBLIC SECURITY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1995-07-20 | Effective Date | 1995-09-01 |
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Regulations of the People's Republic of China on Exit and Entry Frontier Inspection |
|---|
Article 1 These Regulations are formulated with a view to safeguarding
the sovereignty of the People's Republic of China, maintaining its security
and social order and facilitating the exit and entry of persons and means of
transport.
Article 2 The Ministry of Public Security shall be responsible for the
administration of the exit and entry frontier inspection.
Article 3 The People's Republic of China shall set up exit and entry
frontier inspection stations (hereinafter referred to as frontier inspection
stations) at open ports, airports, stations and border thoroughfares.
Article 4 In order to safeguard the sovereignty of the state and
maintain its security and social order, frontier inspection stations shall
exercise the following functions:
(1) carrying out frontier inspection on persons leaving or entering the
country and their luggage and other personal belongings, and on means of
transport leaving or entering the country and their freight.
(2) exercising supervision on means of transportation leaving or entering
the country in accordance with the relevant regulations of the state;
(3) guarding restricted areas in ports and maintaining the order of exit
and entry; and
(4) performing other functions assigned by the competent authorities or
stipulated by other laws and administrative regulations.
Article 5 For exit from or entry into China, persons and means of
transport shall pass through the open ports or other ports specially
designated by the competent authorities and shall subject themselves to
frontier inspection, supervision and control.
Persons leaving or entering the country shall abide by the laws
and administrative regulations of the People's Republic of China.
Article 6 Frontier inspection personnel must execute their duties
according to law.
No organization or individual may obstruct the frontier inspector from Article 7 For exit from or entry into China, persons shall fill in exit Article 8 The frontier inspection stations have the power to forbid (1) failing to hold exit-entry certificates; (2) holding and using invalid exit-entry certificates; (3) holding and using exit-entry certificates other than their own; (4) holding and using forged or altered exit-entry certificates; (5) refusing to accept frontier inspection; (6) failing to pass through the ports as designated; (7) being forbidden to leave or enter the country under the notice the (8) being forbidden to leave or enter the country in accordance with laws The frontier inspection station may detain or forfeit the exit-entry Article 9 These Regulations shall apply to frontier inspection and Article 10 Crew members of alien nationality or from Hong Kong, Macao Crew members and their accompanying family members who have landed or Chinese crew members of vessels navigating international routes may land Article 11 The frontier inspection station shall have the power to Article 12 Persons who wish to embark on or disembark from alien vessels Article 13 Frontiers inspection on transitory exit or entry of persons Border residents of a country adjacent to China who have entered China Article 14 Frontier inspection stations, when they deem it necessary, Article 15 Where persons leaving or entering the country belong to any (1) being suspected of holding and using exit-entry certificates other (2) being suspected of holding and using forged or altered exit-entry (3) being criminal suspects notified by the public security department (4) being suspected of committing any acts harmful to the national Article 16 Means of transportation leaving or entering the country Article 17 Persons in charge of means of transportation or On arrival at ports, captains or their agents of vessels and commanders Article 18 Persons in charge of means of transportation or their agents Article 19 Means of transportation leaving or entering the country shall Without the approval from the frontier inspection station, no persons, Article 20 Where Chinese vessels have need to make fast to alien Article 21 The frontier inspection stations shall have the power to (1) trains, alien vessels and Chinese passenger vessels during the period (2) trains and other motor vehicles during their proceeding in the area (3) alien vessels during their navigating in Chinese inland rivers; or (4) any other circumstances frontier inspection stations consider Article 22 Persons in charge of means of transportation shall provide The means of transportation under supervision and the persons boarding or Article 23 Persons in charge of means of transportation on which no Article 24 When means of transportation leaving or entering the country Article 25 Where means of transportation fall into any of the following (1) leaving or entering the country without approval from the frontier (2) refusing to accept frontier inspection or supervision; (3) being believed to be carrying any person or article harmful to (4) being believed to be carrying any person illegally leaving or (5) refusing to accept the penalty or decision lawfully made by the (6) changing ports for exit or entry without permission. The frontier inspection station shall allow means of transportation to Article 26 Where vessels or aircraft leaving or entering the country Article 27 According to the need of maintaining national security and Article 28 Persons and means of transportation leaving or entering the Article 29 No persons shall carry out of the country unlawfully any Article 30 Persons leaving or entering the country who need to carry or Article 31 Penalties for any contravention of these Regulations shall Article 32 Any person leaving or entering the country who is under any (1) failing to hold exit-entry certificates; (2) holding and using invalid exit-entry certificates; (3) holding and using exit-entry certificates other than his own; or (4) holding and using forged or altered exit-entry certificates. Article 33 Any person who assist other persons to illegally leave or Article 34 Any person who carries or consigns firearms or ammunition out Article 35 Any person who is under any of the following circumstances (1) entering restricted areas in ports without permission or after his (2) insulting frontier inspectors; or (3) landing or lodging without permission or not in compliance with Article 36 Where means of transportation have carried out of or into Article 37 When means of transportation are under any of the following (1) leaving or entering the country without the permission from the (2) failing to furnish the frontier inspection station with information (3) taking on board or discharging any persons, cargoes or articles Article 38 When means of transportation are under any of the following (1) failing to proceed along the routes in China as specified when (2) alien vessels anchoring or mooring at non-open ports without (3) Chinese vessels making fast to alien vessels without approval. Article 39 Where vessels or aircraft leaving or entering the country Article 40 The frontier inspection stations shall furnish the penalized Article 41 Any person leaving or entering the country who has violated Article 42 If a person refuses to accept the penalty decision made by a Article 43 Frontier inspection on entry and exit of persons enjoying Article 44 Where a foreign country has special regulations on the entry, Article 45 These Regulations shall be applicable to the frontier Article 46 For the purpose of these Regulations, "persons leaving or entering the country" means all the persons, whether "means of transportation leaving or entering the country" means all the "working personnel" means all the persons in charge, drivers or pilots, Article 47 These Regulations shall enter into force on September 1,
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lawfully executing his duties.
Chapter II Inspection and Control of Persons
or entry registration cards in accordance with the relevant regulations and
present to the frontier inspection stations for examination of their valid
passports or other exit or entry certificates (hereinafter referred to as
exit-entry certificates); they may leave or enter the country after the
frontier inspection stations have examined and approved their certificates.
persons belonging to any of following categories to leave or enter the
country:
public security department or the state security department of the State
Council; or
and administrative regulations.
certificates of the persons defined in item (3) or (4) above or of the
Chinese citizens defined in the item (7) or (8) above.
control on the accompanying working personnel on board the means of
transport leaving or entering the country. Where there is an agreement
between the People's Republic of China and another country or region, the
frontier inspection and control shall be conducted according to the
agreement.
and Taiwan and their accompanying family members who, upon the arrival of
their vessels at ports of the People's Republic of China, wish to land or
lodge at port towns shall apply through their captains or captains' agents to
the frontier inspection station for going through the landing or lodging
formalities.
lodged with permission shall return to their vessels with the specified time.
Those who have violated laws after landing shall be ordered to return to
their vessels immediately if the circumstances are not serious enough to
constitute a crime, and shall not be permitted to land again thereafter.
or lodge by presenting their exit-entry certificates.
refuse the application for landing of the persons defined in Article 8
of these Regulations.
shall present to the frontier inspectors for examination of their exit-entry
certificates or other designated certificates and obtain permission.
Personnel from port inspection and quarantine organs shall be dressed in
uniform and produce their certificates when they have need to board such
vessels to execute their duties.
on public business and of border residents of both sides in the bordering
areas between the People's Republic of China a neighboring country (or
region) shall be conducted in accordance with the relevant agreement between
the two sides. In the absence of such agreement, these Regulations shall
apply.
transitorily in compliance with the relevant agreement shall confine their
activities within the area prescribed under the agreement. In case there is
a need to travel beyond the prescribed area, they shall go through entry
formalities in advance.
may conduct body search on persons leaving or entering the country. The
search shall be conducted by two frontier inspectors of the same sex as the
person to be searched.
of the following categories, the frontier inspection stations have the power
to restrict the bound of their activities, take investigation or hand them
over to the competent authorities for disposal:
than their own;
certificates;
or the state security department of the State Council or by the public
security organ or the state security organ of the provinces, autonomous
regions or municipalities directly under the central government; or
security, interests and social order.
Chapter III Inspection and Supervision of the Means of Transportation
must accept frontier inspection on their arrival in or prior to their
departure from the ports of China. Entry inspection on means of
transportation shall be conducted at their first arrival port; exit
inspection shall be conducted at their last departure port. Under exceptional
circumstances, entry and exit inspections on means of transportation may be
conducted at specially permitted places with the approval of the competent
authorities.
transportation department concerned shall notify in advance the frontier
inspection station concerned of the arriving or departing time, the stopping
place and the particulars of the persons and freight on board of the vessels,
aircraft or trains leaving or entering the country.
or their agents of aircraft shall furnish the frontier inspection stations
with a name list of the crew and passengers; persons in charge of trains and
other means of transportation shall report to the frontier inspection
stations the number of working personnel and passengers or board.
shall be present at the scene of inspection and render assistance when
frontier inspectors are carrying out frontier inspection on these means of
transportation.
proceed along the routes in China as specified. Alien vessels may not anchor
or moor at non-open ports without approval.
cargoes or articles may be taken on board or discharged from the means of
transportation which are about to depart from China during the period from
the time after exit inspection to the time of their departure, or the means
of transportation which have arrived in China during the period from the
time of their arrival to the time before entry inspection.
vessels, the captains or their agents shall apply to the frontier inspection
station for going through necessary formalities. Without such formalities,
no Chinese vessels may make fast to alien vessels.
exercise supervision on means of transportation leaving or entering the
country when they are under any of the following circumstances:
from the time of exit inspection to the time of their departure from the
country or during the period from their arrival in the country to the time
of entry inspection, and during the period of inspection;
between the border line and the frontier inspection station which is at a
comparatively long distance from the border line;
necessary to exercise supervision.
necessary working and living conveniences to the frontier inspectors who are
performing supervision duties on board.
leaving these means of transportation shall subject themselves to inspection
by the supervisors.
supervising measures are imposed shall conduct proper administration on their
own to ensure that their means of transportation and the working personnel
observe these Regulations.
are found carrying on board any person who is forbidden to leave or enter the
country, or is illegally crossing the border or holding no valid exit-entry
certificates, persons in charge of these means of transportation shall take
the responsibility to remove such person to the place whence he came and pay
all the expenses incurred therefrom.
circumstances, the frontier inspection station shall have the power to
postpone or forbid their leaving or entering the country:
inspection station;
national security, interests or social order;
entering the country;
frontier inspection station; or
leave or enter the country immediately after the relative circumstances
listed above no longer exist.
have sailed or flown into any areas other than the open ports under
unforeseeable emergencies or owing to force majeure, they must report at once
to the frontier inspection station nearby or to the local public security
authorities and accept inspection and supervision, and once the causes
bringing about their entry no longer exist, they must depart within the time
and along the routes as they are notified of.
Chapter IV Inspection on Luggage, Articles and Freight
public order, frontier inspection stations may carry out focal inspection on
luggage and articles carried by persons leaving or entering the country and
on freight carried by means of transportation leaving or entering the
country.
country are prohibited to carry any contraband articles which are harmful to
national security and public order as prescribed by laws and administrative
regulations. The frontier inspection stations shall detain such articles and
shall, in accordance with relevant laws and administrative regulations,
dispose of the persons who carry them or the persons in charge of the means
of transportation that carry them.
documents, data, or other articles classified as national secrets. The
frontier inspection stations shall confiscate any unlawfully carried
documents, data or other articles classified as national secrets and shall,
in accordance with relevant laws and administrative regulations, dispose of
the persons who carried them.
consign firearms or ammunition must abide by relevant laws and administrative
regulations and apply to the frontier inspection stations for going through
the carrying or consigning formalities. Without approval, no persons may
carry or consign any firearms or ammunition out of or into the country.
Chapter V Penalties
be ruled by frontier inspection stations.
of the following circumstances shall be fined 500 to 2,000 yuan or detained
in accordance with relevant laws or administrative regulations:
enter the country shall be fined 2,000 and 10,000 yuan if the circumstances
of the case are not serious enough to constitute a crime and the illegal
profits, if there is any, shall be confiscated.
of or into the country without approval shall be fined 1,000 to 5,000 yuan
with all the firearms and ammunition confiscated.
shall be given a warning or punished with a fine not exceeding 500 yuan:
entry, disobeying administration or disturbing the port administration
order;
relevant regulations.
the country any persons who are forbidden to leave or enter the country,
persons who are crossing the border illegally or persons holding no valid
exit-entry certificates, the persons in charge shall be fined 5,000 to 10,000
yuan for each such person they have carried.
circumstances, the persons in charge shall be fined 10,000 to 30,000 yuan:
frontier inspection station when leaving or arriving at ports;
on their working personnel, passengers or freight according to regulations,
or refusing to assist inspection; or
without the permission from the frontier inspection station during the period
from the time of their arrival in the country to the time before entry
inspection or during the period from the time after exit inspection to the
time of their departure from the country.
circumstances, the persons in charge shall be given a warning and
concurrently punished with a fine of 500 and 5,000 yuan:
leaving or entering the country;
approval; or
have sailed or flown into any areas other than the open ports under
unforeseeable emergencies or owing to force majeure, the persons in charge
shall be punished with a fine not exceeding 10,000 yuan, if they fail to
report without reasonable causes to the frontier inspection station nearby or
to the local public security authorities or if they fail to depart within
the time and along the routes as they are notified of once the causes bring
their entry no longer exist.
person with a receipt upon receiving the fine. The fine and money confiscated
shall be turned over to the state treasury according to regulation.
the provisions of these Regulations, criminal responsibility shall be
investigated according to law if the circumstances of the case are serious
enough to constitute a crime.
frontier inspection station, he may, within 15 days from his receipt of the
penalty decision, apply for reconsideration to the public security organs of
the county level in the locality of the frontier inspection station. The
public security organ of the county level concerned shall, within 15 days
from his receipt of the application for reconsideration, make a
reconsideration decision. If a person refuses to accept the reconsideration
decision, he may, within 15 days from his receipt of the reconsideration
decision, bring a suit to the people's court.
Chapter VI Supplementary Provisions
diplomatic privileges and immunities shall be conducted according to special
provisions in law if there is any.
transit or exit inspection and control on the citizens and means of
transportation of the People's Republic of China, the frontier inspection
stations may take corresponding measures in line with the decisions by the
competent authorities.
inspection on citizens and means of transportation of the People's Republic
of China traveling to and from Hong Kong, Macao and Taiwan. Where there are
special provisions by laws and administrative regulations, such provisions
shall prevail.
of Chinese nationality or alien nationality or stateless, who are leaving,
entering or transiting through the border of the People's Republic of China;
vessels, aircraft, trains, motor vehicles, non-motor vehicles and pack
animals that are leaving, entering or transiting through the border of the
People's Republic of China; and
stewards, and other workers of the vessels, aircraft, trains and motor
vehicles that are leaving or entering the country.
1995. The "Interim Regulations on Exit-Entry Public Security Inspection"
promulgated by the Central People's Government Administration Council on
July 29, 1952 and the "Regulations on Frontier Inspection" promulgated by the
State Council on April 30, 1965 shall be abrogated therefrom.
URL: http://www.asianlii.org/cn/legis/cen/laws/roeaefi515