|
Rules Governing the Implementation Of the Law Of China on
the Entry and Exit of Aliens
(Approved by the State Council on 3 December 1986 and Promulgated by the Ministry of Public Security and the Ministry Of Foreign Affairs on 27 December 1986.
Revised and Approved by the State Council on 13 July 1994 and Promulgated by the Ministry of Public Security and the Ministry of Foreign Affairs on 15 July 1994)
Chapter¢ñ Entry
Article 1 For entry to China, aliens shall apply for visas to Chinese diplomatic missions, consular posts or other foreign-based agencies authorized by the Ministry of Foreign Affairs of the People's Republic of China.
Aliens holding letters or telegrams from authorized organizations in China and ordinary passports issued by countries that have diplomatic relations or official trade contacts with China may apply for visas to port visa agencies authorized by the Ministry of Public Security in case of an urgent need to travel to China and a
lack of time to apply for visas to the above-mentioned Chinese agencies abroad, for the following reasons:
1) Being invited at short notice by the Chinese side to attend a trade fair in China;
2) Being invited to China to enter a bid or to formally sign an economic or trade contract;
3) Coming to China under contract for supervision over export shipment, import commodity inspection or check on the completion of a contract;
4) Being invited to install equipment or make rush repairs;
5) Coming to China at the request of the Chinese side for settling claims;
6) Being invited to China for scientific or technological consulting services;
7) A last-minute replacement or addition, approved by the Chinese side, to a delegation or group that has been invited and has already obtained visas for traveling to China;
8) For visiting a patient in a critical condition or making funeral arrangements;
9) As persons in immediate transit who, because of force majeure, are unable to leave China by the original aircraft within 24 hours or have to leave China by other means of transport;
10) As other invitees who really do not have
enough time to apply for visas to the
above-mentioned Chinese agencies abroad but hole
letters or telegrams from designated competent
authorities approving the application for visas at
port visa agencies.
Port visa agencies shall not handle visa
applications of aliens who do not come under the
above-listed categories.
Article 2 Port visa agencies authorized by
the Ministry of Public Security are set up at the
following ports:
Beijing, Shanghai, Tianjin, Dalian, Fuzhou,
Xiamen, Xi'an, Guilin, Hangzhou, Kunming,
Guangzhou (Baiyun Airport), Shenzhen (Luohu,
shekou) and Zhuhai (Gongbei).
Article 3 In accordance with their status and
the types of passports they hold, different aliens
coming to China shall be issued diplomatic,
courtesy, service or ordinary visas respectively.
Article 4 Ordinary visas shall be marked with
different Chinese phonetic letters and issued to
different aliens according to their stated
purposes of visit to China:
1) Visa D to aliens who are to reside
permanently in China;
2) Visa Z to aliens who come to China to take
up posts or employment and to their accompanying
family members;
3) Visa X to aliens who come to China for
study, advanced studies or job-training for a
period of six months or more;
4) Visa F to aliens who are invited to China
on a visit or on a study, lecture or business
tours, for scientific -technological or cultural
exchanges, for short-term refresher course or for
job-training, for a period not more than six
months;
5) Visa L to aliens who come to China for
sight-seeing, visiting relatives or other private
purposes( A group visa may be issued to a group of
nine or more aliens on a sight-seeing trip to
China);
6) Visa G to aliens passing through China;
7) Visa C to train attendants, air crew
members and seamen operating international
services, and to their accompanying family
members;
8) Visa J-1 to resident foreign
correspondents in China; visa J-2 to foreign
correspondents who make short trip to China on
reporting tasks.
Article 5 In applying for visas, aliens shall
provide such pertinent information as requested
and complete the following procedures:
1) Present valid passports or replacement
certificates;
2) Fill in visa application forms and submit
recently-taken two-inch half-length, bareheaded
and full-faced photos;
3) Submit for examination papers supporting
the application for entry into or transit through
China.
Article 6 The supporting papers mentioned in
Article 5(3) of these rules refer to the
following:
1) In application for Visa D, a permanent
residence confirmation form, which may be obtained
through application by the applicant or by his/her
designated relatives in China from the
exit-and-entry department of the municipal or
country public security bureau at the place of the
applicant's intended residence;
2) In application for Visa Z, a letter of
appointment or employment from the sponsor or
employer organization in China or a letter or
telegram from an authorized organization;
3) In application for Visa X, a certificate
from the receiving organization or the competent
department;
4) In application for Visa F, a letter or
telegram from the authorized organization;
5) In application for Visa L for a tourist
trip in China, a certificate of reception from a
Chinese travel service; and, when necessary,
plane, train or ship ticket(s) to the
country(region) after leaving China;
6) In application for Visa G, a valid visa
for entering the country(region) of destination,
or connecting tickets in case such a visa is
exempt;
7) In application of Visa C, relecant
certificates in accordance with the agreements
concerned;
8) In application of Visas J-1 and J-2, a
certificate from the competent department.
Aliens who come to China for permanent
residence or for residence of one year and upwards
shall, in applying for entry visas, submit for
examination health certificates issued by health
or medical institutions designated by the
governments of the countries of their current
residence or those issued by health or medical
institutions and certified by notarial organs.
Health certificates are valid for six months from
the date of issuance.
Article 7 Aliens coming under the following
categories shall not be allowed to enter China:
1) An alien expelled by the Chinese
Government and before the expiry of the period
when his/her re-entry is prohibited;
2) An alien considered likely to engage in
terrorism, violence or subversion upon entering
China;
3) An alien considered likely to engage in
smuggling, drug trafficking or prostitution upon
entering China;
4) An alien suffering from mental disorder,
leprosy, AIDS, venereal diseases, contagious
tuberculosis or other infectious diseases;
5) An alien who cannot guarantee to cover
his/her own expenses during his/her stay in China;
6) An alien considered likely to engage in
other activities prejudicial to China's national
security and interests.
Article 8 Transit visas are not required for
those aliens who are in immediate transit through
China on continued international flights, who hold
connecting flight tickets and have seats booked
and who stay for not more than 24 hours within the
airport of the in-transit city. Aliens wishing to
leave the airport shall apply to the border
checkposts for stop-over permits.
Article 9 When vessels operating
international service anchor at Chinese ports,
foreign crew members and their accompanying family
members wishing to disembark at the port city
shall apply to border checkposts for
disembarkation permits, or lodging permits if they
desire to stay overnight on land. Those who, for
proper reasons, need to travel to areas beyond the
port city or who cannot leave China on the
original vessel shall apply to the local public
security bureau for appropriate visas.
Chapter ¢ò Inspection of Entry and Exit
Certificates
Article 10 Upon arrival at a Chinese port,
aliens shall submit their valid passports, Chinese
visas and certificates to border checkposts for
examination and shall fill in entry and exit
forms. They may enter China after the border
checkposts complete inspection and affix
inspection seals.
Article 11 When a foreign aircraft or vessel
arrives at a Chinese port, the person in charge
shall fulfil the following obligations:
1) The captain or his/her agent must submit
lists of the crew members and passengers to the
border checkposts;
2) Report, immediately upon discovery, cases
of persons aboard attempting to illegally cross
China's borders to the border checkpost for
action;
3) See to it that persons not permitted to
enter China leave on the original means of
transport and that the expenses during the stay in
China of persons who cannot promptly leave the
country through force majeure are covered along
with their travel expenses for departure.
Article 12 The border checkposts have the
right to prevent the entry or exit of aliens
coming under the following categories;
1) Those who do not hold valid passports,
certificates or visas;
2) Those who hold forged, altered or other
than their own passports or certificates;
3) Those who refuse to have their
certificates examined;
4) Those who are under notice by the Ministry
of Public Security or the Ministry of State
Security forbidding their entry or exit.
Article 13 For exit, aliens shall submit for
examination their valid passports or other valid
certificates as well as visas or residence
certificates permitting their stay in China.
Article 14 Aliens and their means of
transport required by the visa agencies to pass
through designated posts shall only enter or
depart through the said posts.
Article 15 With regard to the aliens denied
entry under Article 12 of the present Rules who
cannot promptly return on the original means of
transport, border checkposts may take the
necessary measures to limit the area of their
activities and order them to leave China on the
next available means of transport.
Chapter ¢ó Residence
Article 16 Aliens holding visas D, Z, X or
J-1 shall, within 30 days of entry into China,
obtain aliens' residence cards or aliens'
temporary residence cards from the city or country
public security bureau at the place of their
residence. The period of validity of the
aforementioned certificates is the duration of the
holders' permitted stay in China.
Aliens' residence cards are issued to those
who stay in China for one year or more.
Aliens' temporary residence cards are issued
to those who stay less than one year in China.
Aliens' holding visas F, L, G, C or J-2 may
stay in China for the period prescribed in their
visas without obtaining residence certificates.
Article 17 In applying for residence
certificates, aliens shall provide such
information as requested and complete the
following procedures;
1) Submit for examination their passports,
visas and papers supporting their purposes of
residence;
2) Fill in residence application forms;
3) In applying for aliens' residence cards,
submit for examination health certificates and
recently-taken two-inch half-length, bareheader,
full-faced photos.
Article 18 The validity period of aliens'
residence cards, which ranges from one to five
years, shall be decided by the city or country
public security bureau according to the aliens'
purpose of residence.
The public security organs may issue
certificates of longterm residence status valid
for one to fine years to aliens who come under the
provisions of Article 14 of the Law on the Entry
and Exit of Aliens and may issue certificates of
permanent residence status to those with
meritorious performance.
Article 19 Aliens exempt from visas under
agreements signed between the Chinese and foreign
Governments shall, in case they wish to stay in
China for 30 days and upwards, apply upon entry
into China for residence certificates in
accordance with Article 16 and 17 of the present
Rules.
The previous paragraph, however, is not
applicable to aliens referred to in Article 34 of
the Law on the Entry and Exit of Aliens.
Article 20 Aliens who need to prolong their
stay or residence in China beyond the expiration
of their visas or residence certificates shall
apply for an extension before the expiration of
their visas or certificates.
Chinese authorities in charge of public
health, when discovering aliens, during their stay
in China, to be afflicated with deseases specified
in sub-paragraph 4 of Article 7 of the present
Rules may request the public security organs
concerned to order them to advance their date of
exit from China.
Article 21 In case of any changes in the
information written in an alien's residence card
(such as name, nationality, occupation, status,
place of work, address, passport number and
accompanying children), the holder of the card
shall, within 10 days, register such changes with
the public security bureau at the place of his/her
residence.
Article 22 The holder of an alien's residence
card who wishes to move out of the city or country
of residence shall, before moving, register the
move with the public security bureau at the
original place of residence and shall, within 10
days of arrival at the new place of residence,
register the move-in with the public security
bureau at the new place of residence.
An alien residing permanently in China who
wishes to apply for a change of residence shall
apply in advance to the public security bureau at
the new place of residence for a certificate
permitting the move-in and register the move on
the strength of the certificate in accordance with
the provisions of the previous paragraph.
Article 23 For the sake of national security,
public order or other public interests, a city or
country public security bureau may declare certain
areas out of bounds for the establishment of
residences or offices by aliens or foreign
institutions. Residences and offices that have
already been established in these restricted areas
shall be moved to nonrestricted areas within the
time limit prescribed in the notice of moving
issued by the city or country public security
bureau.
Article 24 Aliens residing permanently in
China shall, once every year and at a prescribed
time, submit their residence cards for examination
to the public security bureau at their place of
residence.
The public security bureau may, when
necessary, ask an alien to submit his/her
residence card to the exit and entry department
for examination, and the alien shall do so at the
time prescribed in the notice.
Article 25 Aliens at the age of 16 and
upwards who reside or stay in China shall carry
with them their residence certificates or
passports for possible examination by police in
charge of foreign affairs.
Article 26 The parents of an alien infant
born in China or their agent shall, within one
month after its birth, report to the local public
security bureau with the birth certificate and
complete registration procedures.
Article 27 When an alien dies in China,
his/her family members or guarding or agent shall,
within 3 days, report to the local public security
bureau with the death certificate and hand in the
deceased's residence certificate or visa for
cancellation.
In case of an unnatural death of an alien,
the persons concerned or the discoverer shall
promptly report to the public security organ.
Article 28 The competent authorities of the
Chinese Government referred to in Article 19 of
the Law on the Entry and Exit of aliens are the
Ministry of Labour and Personnel of the People's
Republic of China.
Chapter ¢ô Accommodation Registration
Article 29 For lodging at guesthouse, hotel,
inn, hostel, school or other enterprises and
institution or at government organs or other
Chinese organizations, aliens shall present valid
passports or residence certificates and fill in
registration forms of temporary accommodation.
They shall present travel permits when seeking
accommodation in areas closed to aliens.
Article 30 When an alien wishes to lodge at
the home of a Chinese resident in urban areas, the
host or the lodger shall, within 24 hours of the
lodger's arrival, report to the local public
security organ with the lodger's passport and
certificate as well as the host's residence
booklet and fill in registration forms of
temporary accomodation. In rural areas, the host
or lodger shall report to the local police station
or residence registration office within 72 hours
of the lodger's arrival.
Article 31 When an alien lodges at a foreign
institution in China or at the home of an alien in
China, the institution in question or the host or
the lodger shall, within 24 hours of the lodger's
arrival, report to the local public security organ
with the lodger's passport or residence
certificate and fill in registration forms of
temporary accommodation.
Article 32 Aliens having long-term residence
in China who wish to lodge temporarily elsewhere
than their own residence shall report and register
accommodation in accordance with the provisions of
Article 29, 30 and 31 of the present Rules.
Article 33 Aliens who lodge temporarily in
movable living facilities shall, within 24 hours
of arrival, report to the local public security
organ. The institutions or individuals that
furnish sites for the aliens' movable living
facilities shall report to the local public
security organ 24 hours ahead of time.
Chapter ¢õ Travel
Article 34 An alien wishing to travel to
cities or counties closed to aliens shall apply in
advance for a travel permit to the public security
bureau of the city or country where he/she stays
and may proceed there only with permission. To
apply for a travel permit, the following
procedures must be completed:
1) Submit passport or residence certificate
for examination;
2) Provide papers supporting the purposes of
travel;
3) Fill in a travel application form.
Article 35 An alien's travel permit shall be
valid for one year at the most, and may not exceed
the period of validity of his/her visa or
residence certificate.
Article 36 An alien who, after obtaining a
travel permit, wishes to extend its validity, tour
more places closed to aliens or increase the
number of accompanying persons shall apply to the
public security bureau for extension or
alteration.
Article 37 Aliens shall not enter places
closed to aliens without permission.
Chapter ¢ö Exit
Article 38 Aliens shall leave China within
the time limit prescribed in the visas or within
the period of validity of their residence
certificates.
Article 39 The holder of an alien's residence
certificate who wishes to leave and then re-enter
China within the period of validity of the said
certificate shall, before leaving China, apply to
the local public security organ for a re-entry
visa in accordance with the relevant provisions of
Article 5 and 6 of the present Rules.
An alien holding a residence certificate who
does not wish to return to China after exit shall
hand in his/her residence certificate for
cancellation to the border checkpost upon exit.
Chapter ¢÷ Penalties
Article 40 Aliens who illegally enter or exit
China may be fined from 1,000 to 10,000 yuan(RMB)
or detained from 3 to 10 days and may
simultaneously be ordered to leave the country
within a specified time or expelled from the
country. Those whose offences are serious enough
to constitute a crime shall be prosecuted for
criminal responsibility according to law.
Article 41 A person in charge of a means of
transport or his/her agent who refuses to bear
responsibility in contravention of the provisions
of Article 11 of the present Rules may be fined
from 1,000 to 10,000 yuan or detained from 3 to 10
days.
Article 42 Aliens who illegally stay in China
in contravention of the provisions of Article 16,
19 and 20 of the present Rules may be served a
warning, fined 500 yuan per day for the period of
his/her illegal stay in China with the total sum
of fine not exceeding 5000 yuan, or detained from
3 to 10 days. Those whose offences are serious may
at the same time be ordered to leave the country
within a specified time.
Aliens who violate Article 21 and 22 of the
present Rules may be served a warning or fined up
to 5000 yuan. Those whose offences are serious may
at the same time be ordered to leave the country
within a specified time.
Aliens who violate Article 23 of the present
Rules and fail to carry out the decision of the
public security organs may, while being compelled
to carry out the decision, be served a warning or
fined from 1,000 to 10,000 yuan. Those whose
offences are serious shall be ordered to leave the
country within a specified time.
Article 43 Aliens who, in contravention of
the provisions of Articles 24 and 25 of the
present Rules, fail to submit their residence
certificates for examination as required or to
carry their passports or residence certificates
with them or refuse to produce their certificates
to police for examination may be served a warning
or fined up to 500 yuan, and those whose offences
are serious may at the same time be ordered to
leave the country within a specified time.
Article 44 Aliens who found employment
without permission from the Ministry of Labour of
the People's Republic of China or its authorized
departments shall have their posts or employment
terminated and may at the same time be fined up to
1,000 yuan, and those whose offences are serious
may at the same time be ordered to leave the
country within a specified time.
Units and individuals who employ aliens
without permission shall terminate employment of
the said aliens and may at the same time be fined
from 5,000 to 50,000 yuan, and be ordered to cover
all the expenses of repatriating the aliens whom
they had employed.
Article 45 Whoever is held responsible for
failing to register accommodation or report such
registration to the public security organ, or for
accommodating aliens without valid certificates in
contravention of the provisions of Chapter ¢ô of
the present Rules may be served a warning or fined
from 50 to 500 yuan.
Article 46 Aliens who travel to areas closed
to aliens without prior permission in
contravention of the provisions of Articles 34, 36
and 37 of the present Rules may be served a
warning or fined up to 500 yuan, and those whose
offences are serious may at the same time be
ordered to leave the country within a specified
time.
Article 47 Aliens who forge, alter, misuse,
transfer, buy or sell visas or certificates shall
have the said visas, certificates and illicit
income revoked or confiscated and may be fined
from 1,000 to 10,000 yuan or detained from 3 to 10
days, and may at the same time be ordered to leave
the country within a specified time, and those
whose offences are serious enough to constitute a
crime shall be prosecuted for their criminal
responsibility according to law.
Article 48 Whoever out of force majeure acts
in contravention of the Law on the Entry and Exit
of Aliens and the present Rules may be exempted
from penalties.
Aliens who are unable to pay a fine may be
subjected to detention instead.
Article 49 Penalties such as fines and detention provided for in this Chapter shall also apply to persons held responsible for assisting aliens to enter or leave China illegally, or causing aliens to
reside or stay illegally in China, or employing aliens who seek jobs without permission, or providing facilities for aliens to travel without valid travel permits to areas closed to aliens.
Article 50 If an alien being fined or detained by a public security organ refuse to
accept such penalty, he/she may, within 15 days of receiving notification, appeal to the original adjudication organ or directly to the next higher public security organ, which shall make the final judgment within 15 days of receiving the appeal.
The person being penalized may also file a suit directly with a local people's court.
Article 51 The penalties provided for in this Chapter shall be executed by the public security organs.
Chapter ¢ø Other Provisions
Article 52 Aliens who wish to apply for extension or alteration of visas or certificates shall complete the following procedures:
1) Submit their passports, visas and certificates for examination;
2) Fill in application forms for extension or alteration;
3) Provide papers supporting reasons for extension or alteration.
Article 53 Aliens applying for visas and certificates or for their extension or alteration shall pay visa and certificate fees according to the prescribed rates.
The rates of visa and certificate fees shall be prescribed by the Ministry of Public Security and the Ministry of Foreign Affairs.
Persons from countries that have agreements on visa fees with the Chinese Government shall act in accordance with the pertinent agreement.
Article 54 An alien child under the age of 16
who uses the same passport with his/her parent or
guardian need not, while visiting China with his/her parent or guardian, go through the entry, transit, residence of travel procedures
separately.
Article 55 An alien whose Chinese visa or certificate is lost or damaged shall promptly report to the exit and entry department under the local public security bureau and apply for a new one or a replacement. An alien who has lost his/her residence card shall declare the lost card invalid in an official local newspaper.
Article 56 The format of the various visas, certificates and application forms referred to in the present Rules shall be decided upon by the Ministry of Public Security and the Ministry of Foreign Affairs.
Article 57 The present Rules shall be implemented from the date of their promulgation. |
|