《中华人民共和国出境入境管理法》英文版
2015-10-14
Order of the President of the People’s Republic of China
No. 57
The Exit andEntry Administration Law of the People’s Republic of China，adopted atthe 27th meeting of the Standing Committee of the Eleventh National People’sCongress of the People’s Republic of China on June 30, 2012, and is herebypromulgated and shall come into force as of July 1, 2013.
Hu Jintao
President ofthe People’s Republic of China
June 30, 2012
Exit and Entry AdministrationLaw of the People’s Republic of China
(Adopted at the 27th meeting of theStanding Committee of the Eleventh National People’s Congress on June 30, 2012)
Contents
Chapter I General Provisions
Chapter II Exit and Entry of ChineseCitizens
Chapter III Entry and Exit ofForeigners
Section 1 Visa
Section 2 Entry and Exit
Chapter IV Stay and Residence ofForeigners
Section 1 Stay and Residence
Section 2 Permanent Residence
Chapter V Border Inspection of Transport VehiclesExiting/Entering
China
Chapter VI Investigation and Repatriation
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I
GeneralProvisions
Article 1 Inorder to regulate exit/entry administration, safeguard the sovereignty,security and social order of the People’s Republic of China, and promoteforeign exchanges and opening to the outside world, this Law is herebyformulated.
Article 2 ThisLaw is applicable to the administration of exit and entry of Chinese citizens,entry and exit of foreigners, stay and residence of foreigners in China, andthe exit/entry border inspection of transport vehicles.
Article 3 TheState protects Chinese citizens’ legitimate rights and interests of exiting andentering the country.
Thelegitimate rights and interests of foreigners in China shall beprotected by laws. Foreigners in China shall abideby the Chinese laws, and shall not endanger China’snational security, harm public interests and disrupt social and public order.
Article 4 TheMinistry of Public Security and the Ministry of Foreign Affairs shall, withinthe scope of their respective responsibilities, be responsible foradministering exit/entry affairs.
Embassies andconsulates of the People’s Republic of China and otherinstitutions stationed abroad entrusted by the Ministry of Foreign Affairs(hereinafter referred to as “the visa-issuing authorities abroad”) shall beresponsible for issuance of entry visas to foreigners. Exit/entry borderinspection authorities shall be responsible for carrying out exit/entry borderinspection. Public security organs under local people’s governments at or abovethe county level and their exit/entry administrations shall be responsible forthe administration of the stay and residence of foreigners.
The Ministryof Public Security and the Ministry of Foreign Affairs may, within the scope oftheir respective responsibilities, entrust exit/entry administrations of publicsecurity organs or foreign affairs departments under local people’s governmentsat or above the county level to accept foreigners’ applications for entry, stayand residence in China.
In theadministration of exit/entry affairs, the Ministry of Public Security and theMinistry of Foreign Affairs shall strengthen communication and cooperation,cooperate closely with relevant departments under the State Council, andexercise functions and powers and bear liabilities within the scope of theirrespective responsibilities in accordance with the law.
Article 5 TheState shall establish a uniform exit/entry administration information platformto share information among relevant administrative departments.
Article 6 TheState shall establish exit/entry border inspection authorities at the portsopen to foreign countries.
Chinesecitizens, foreigners as well as transport vehicles shall exit or enter China via the portsopen to foreign countries, or via the places approved by the State Council orby the departments authorized by the State Council under special circumstances.Personnel and transport vehicles that exit or enter China shall besubject to exit/entry border inspection.
Exit/entryborder inspection authorities shall be responsible for relevant administrationwork in the restricted zones of ports. On the basis of the need forsafeguarding national security and maintaining the order of exit/entryadministration, exit/entry border inspection authorities may conduct borderinspection on the belongings of the persons who exit or enter China. Whennecessary, exit/entry border inspection authorities may conduct borderinspection on the goods carried by transport vehicles that exit or enter China.However, exit/entry border inspection authorities shall notify the Customs ofsuch inspections.
Article 7Upon approval by the State Council, the Ministry of Public Security and theMinistry of Foreign Affairs may, on the basis of the need for exit/entryadministration, set forth regulations on the collection and keep offingerprints and other biometric identification information of the persons whoexit or enter China.
Where foreigngovernments have special regulations on issuing visas to Chinese citizens orthe exit/entry administration of Chinese citizens, the Chinese government may,as the circumstances require, take corresponding and equivalent measures.
Article 8 Departmentsand institutions that are responsible for the exit/entry administration shalltake practical measures, constantly improve service and administration, enforcelaws impartially, provide convenient and efficient service and ensure thesecurity and conveyance of the exit/entry procedures.
Chapter II
Exit andEntry of Chinese Citizens
Article 9Chinese citizens who exit or enter China shall, inaccordance with the law, apply for passports or other travel documents.
Chinesecitizens bound for other countries or regions shall obtain visas or other entrypermits from destination countries, unless the Chinese government has signedvisa exemption agreements with the governments of those countries, or otherwisestipulated by the Ministry of Public Security and the Ministry of ForeignAffairs.
Chinesecitizens who exit or enter China as seamen orwork on foreign ships shall apply for seamen’s certificates in accordance withthe law.
Article 10Chinese citizens who travel between the Mainland and the Hong Kong SpecialAdministrative Region, between the Mainland and the Macao SpecialAdministrative Region, and between the Mainland and Taiwan Region, shall applyfor exit/entry permits in accordance with the law, and abide by the relevantprovisions of this Law. The specific administrative measures shall bestipulated by the State Council.
Article 11Chinese citizens who exit or enter China shall submittheir exit/entry documents such as passports or other travel documents to theexit/entry border inspection authorities for examination, go through theprescribed formalities, and may exit or enter upon examination and approval.
For portsthat meet relevant conditions, exit/entry border inspection authorities shallprovide convenience such as special lanes for the exit and entry of Chinesecitizens.
Article 12Under any of the following circumstances, Chinese citizens are not allowed toexit China:
(1) Hold novalid exit/entry documents, or refuse or evade border inspection;
(2) Aresentenced to criminal punishments, the execution of which have not beencompleted, or are suspects or defendants in criminal cases;
(3) Areinvolved in unsettled civil cases and not allowed to exit China upon decisionof the people’s courts;
(4) Aresubject to criminal punishment for impairing border administration, or arerepatriated by other countries or regions due to illegal exit from China,illegal residence or illegal employment, and the No-Exit-from-China period hasnot expired;
(5) Mayendanger national security or interests, and are not allowed to exit China upon decisionby competent departments under the State Council; or
(6) Othercircumstances in which exit from China is notallowed in accordance with laws or administrative regulations.
Article 13 Chinesecitizens residing abroad who desire to return to China for permanent residenceshall, prior to the entry, file applications with Chinese embassies orconsulates or other institutions stationed abroad entrusted by the Ministry ofForeign Affairs. They may also file such applications to the overseas Chineseaffairs departments under the local people’s governments at or above the countylevel of the proposed places of permanent residence on their own or via theirrelatives in China.
Article 14When handling financial affairs or affairs involving education, medicaltreatment, transportation, telecommunications, social insurance or propertyregistration, where identity certificates are required, Chinese citizensresiding abroad may provide their passports for proof of identity.
Chapter III
Entry andExit of Foreigners
Section 1
Visa
Article 15 Inorder to entering China, foreigners shall apply to thevisa-issuing authorities stationed abroad for a visa, except as otherwiseprovided for in this Law.
Article 16Visas are categorized as diplomatic visa, courtesy visa, official visa andordinary visa.
Diplomatic orofficial visas shall be issued to foreigners who enter China fordiplomatic or official reasons; and courtesy visas shall be issued toforeigners who are given courtesy due to their special status. The scope andmeasures for issuing diplomatic, courtesy and official visas shall bestipulated by the Ministry of Foreign Affairs.
Appropriatetypes of ordinary visa shall be issued to foreigners who enter China due tonon-diplomatic or official reasons including work, study, family visit, travel,business activities and talent introduction. The types of ordinary visa andrelevant issuance measures shall be stipulated by the State Council.
Article 17The registered items of a visa shall include visa type, name, sex, date ofbirth, number of allowed entries, validity period of entry and duration of stayof the holder, date and place of issuance, as well as passport number or otherinternational travel documents number.
Article 18Foreigners who apply for visas shall submit their passports or otherinternational travel documents, as well as information of specific applicationmatters, to the visa-issuing authorities stationed abroad. They shall gothrough relevant formalities and accept interviews in accordance with therequirements of the visa-issuing authorities stationed abroad.
Article 19Where foreigners applying for visas need to provide written invitations issuedby entities or individuals within China, the applicants shall providesuch invitations in accordance with the requirements of the visa-issuing authoritiesabroad. Entities or individuals that issue written invitations shall be liablefor the fidelity of the contents.
Article 20Foreigners who need to enter China urgently for humanitarian reasons, or areinvited to enter China for urgent business or rush repair work, or have otherurgent needs, and hold materials that prove the competent departments’ approvalof their applying for visas at port, may apply for port visas with thevisa-issuing authorities entrusted by the Ministry of Public Security at theports (hereinafter referred to as “port visa authorities”) which are approvedto issue port visas by the State Council.
Travelagencies that organize inbound tourism in accordance with relevant Stateregulations may apply for group tourist visas from port visa authorities.
Foreignerswho apply to port visa authorities for visas shall submit their passports orother international travel documents, as well as relevant information ofspecific application matters. They shall go through relevant formalities inaccordance with the requirements of the port visa authorities, and enter China at the portswhere they apply for visas.
Visas issuedby port visa authorities shall be single entry and the duration of stay shallnot exceed 30 days.
Article 21Under any of the following circumstances, visas shall not be issued toforeigners:
(1) Wasdeported, or was repatriated upon decision, and the No-Entry-into-China periodhas not expired;
(2) Issuffering from serious mental disorders, infectious tuberculosis or otherinfectious diseases that may severely jeopardize the public health;
(3) Mayendanger China’s national security orinterests, or disrupt social and public order, or engage in other illegal orcriminal activities;
(4) Resort tofraudulent acts in visa application or cannot guarantee expected expendituresduring their stay in China;
(5) Fail tosubmit relevant information required by the visa-issuing authorities; or
(6) Othercircumstances in which visa authorities consider a visa should not be issued.
Thevisa-issuing authorities are not required to give reasons for refusing theissuance of a visa.
Article 22Under any of the following circumstances, foreigners may be exempt fromapplying for visas:
(1) So exemptedbased on the visa exemption agreements signed by the Chinese government withthe governments of other countries;
(2) Holdvalid foreigners’ residence permits;
(3) Holdconnected passenger tickets and are in transit to a third country or region byan international aircraft, ship or train via China, will stay for not more than24 hours in China without leaving the port of entry, or will stay in thespecific zones approved by the State Council within the prescribed time limit;or
(4) Othercircumstances stipulated by the State Council in which visas may be exempted.
Article 23Where foreigners under any of the following circumstances need to enter China temporarily,they shall apply to exit/entry border inspection agencies for going through theformalities for temporary entry:
(1) Foreignseamen and their accompanying family members disembark at cities where theports are located;
(2) Personsspecified in Subparagraph (3) of Article 22 of this Law need to leave ports; or
(3)Foreigners need to enter China temporarilydue to force majeure or for any other urgent reason.
The durationof stay for temporary entry shall not exceed 15 days.
Forforeigners who apply for going through the formalities for temporary entry,exit/entry border inspection authorities may require such foreigners, thepersons in charge of the transport vehicles used for such foreigners’ entry orthe agencies handling the exit/entry business for transport vehicles to providenecessary guaranty measures.
Section 2
Entry andExit
Article 24Foreigners who enter China shall submittheir passports, other international travel documents, visas or other entrypermits to the exit/entry border inspection authorities for examination, gothrough the prescribed formalities, and may enter upon examination andapproval.
Article 25Under any of the following circumstances, foreigners shall not be allowed toenter China:
(1) Hold novalid exit/entry documents, or refuse or evade border inspection;
(2) Are involvedin any of the circumstances specified in Subparagraph (1) through (4) of thefirst paragraph of Article 21 of this Law;
(3) Mayengage in activities not conform to the types of visa after entering China; or
(4) Othercircumstances in which entry is not allowed in accordance with laws oradministrative regulations.
Exit/entryborder inspection authorities are not required to give reasons for denying anentry.
Article 26Exit/entry border inspection authorities shall order foreigners who are deniedentry in China to return,and shall force the return of those who refuse to do so. While waiting forreturn, those foreigners shall not leave the restricted zones.
Article 27Foreigners who exit China shall submittheir exit/entry documents including passports or other international traveldocuments to the exit/entry border inspection authorities for examination, gothrough prescribed formalities, and may exit upon examination and approval.
Article 28Under any of the following circumstances, foreigners shall not be allowed toexit China:
(1) Aresentenced to criminal punishments, the execution of which are not completed, orsuspects or defendants in criminal cases, except those who are sentenced andtransferred under relevant agreements between China and foreign countries;
(2) Areinvolved in unsettled civil cases and are not allowed to exit China upon decisionof the people’s courts;
(3) Are inarrears of paying off labor remuneration and therefore are not allowed to exitby decision of the relevant departments under the State Council or of thepeople’s governments of provinces, autonomous regions or municipalitiesdirectly under the Central Government; or
(4) Othercircumstances in which exit shall not be allowed in accordance with laws oradministrative regulations.
Chapter IV
Stay andResidence of Foreigners
Section 1
Stay andResidence
Article 29Where the duration of stay specified in a visa held by a foreigner does notexceed 180 days, the holder may stay in China within theduration specified therein.
Where theduration of stay needs to be extended, the visa holder shall file anapplication with the exit/entry administration of public security organ underthe local people’s government at or above the county level in the place of hisstay seven days prior to the expiry of the duration specified in the visa, andshall submit information of specific application matters in accordance withrelevant requirements. If upon examination, the reasons for extension areappropriate and sufficient, such extension shall be granted; if an extension isdenied, the foreigner shall leave China on the expiry of the duration.
Theaccumulated length of extension shall not exceed the original duration of stay specifiedin the visa.
Article 30Where visas held by foreigners specify that foreigners need to apply forresidence permits after entry, such foreigners shall, within 30 days from thedate of their entry, apply to the exit/entry administrations of public securityorgans under local people’s governments at or above the county level in theproposed places of residence for foreigners’ residence permits.
Applicantsfor foreigners’ residence permits shall submit their passports or otherinternational travel documents, as well as relevant information of specificapplication matters, and provide biometric identification information such asfingerprints. The exit/entry administrations of public security organs shall,within 15 days upon the date of receipt, conduct examination and make adecision thereupon. Based on the purpose of residence, those administrationsshall issue the appropriate types of foreigners’ residence permits with theduration.
The validityperiod of a foreigner’s work-type residence permit shall be 90 days at theminimum and five years at the maximum; and the validity period of anon-work-type foreigner’s residence permit shall be 180 days at the minimum andfive years at the maximum.
Article 31Under any of the following circumstances, a foreigner’s residence permit shallnot be issued:
(1) The visaheld does not belong to the type for which a foreigner’s residence permitshould be issued;
(2) Resortsto fraudulent acts in application;
(3) Fails toprovide relevant supporting materials in accordance with relevant regulations;
(4) Is noteligible to reside in China because ofviolation of relevant Chinese laws or administrative regulations; or
(5) Othercircumstances in which the issuing authority considers a foreigner’s residencepermit should not be issued.
Foreignerswith expertise and foreign investors who conform to relevant State regulationsor foreigners who need to change their status from stay to residence forhumanitarian or other reasons, may undergo the formalities for obtainingforeigner’s residence permits upon approval by the exit/entry administrationsof public security organs under local people’s governments at or above the citywith districts.
Article 32Foreigners residing in China who apply for the extension of the duration ofresidence shall, within 30 days prior to the expiry of the validity period ontheir residence permits, file applications with the exit/entry administrationsof public security organs under local people’s governments at or above thecounty level, and submit relevant information of specific application mattersin accordance with relevant requirements. If upon examination, the reasons forextension are appropriate and sufficient, an extension shall be granted; if anextension is denied, the foreigner concerned shall leaveChina on the expiryof the validity period specified in their residence permits.
Article 33The registered items of a foreign residence permit shall include name, sex,date of birth, reason for residence and duration of residence of the holder,date and place of issuance, passport number or other international traveldocuments number.
Where theregistered item in a foreigner’s residence permit has changed, the holdershall, within 10 days from the date of change, apply to the exit/entryadministration of public security organ under the local people’s government ator above the county level in the place of residence for going through theformalities for alteration.
Article 34Where visa-exempt foreigners need to stay in China longer thanthe visa-free period, or foreign seamen and their accompanying family membersneed to leave the cities where the ports are located, or under othercircumstances in which foreigners’ stay permits should be applied for, theyshall apply for such permits in accordance with relevant regulations.
The maximumvalidity period of a foreigner’s stay permit shall be 180 days.
Article 35Where ordinary visas, stay or residence permits held by foreigners need to bereissued due to damage, loss, theft, robbery or other reasons in compliancewith relevant State regulations after foreigners enter China, those foreignersshall apply for a reissue with the exit/entry administrations of publicsecurity organs under local people’s governments at or above the county levelin the places of stay or residence in accordance with relevant regulations.
Article 36Decisions made by the exit/entry administration of public security organ onrejecting applications for visa extension or reissuance, or on not issuingforeigners’ stay or residence permits or not extending the duration ofresidence shall be final.
Article 37Foreigners who stay or reside in China shall not engagein activities not corresponding to the purpose of stay or residence, and shallleave China prior to the expiry of the prescribedduration of stay or residence.
Article 38Foreigners having reached the age of 16 who stay or reside in China shall carrywith them their passports or other international travel documents, orforeigners’ stay or residence permits, and accept the inspection of publicsecurity organs.
Foreignerswho reside in China shall, withinthe prescribed time limit, submit foreigners’ residence permits to publicsecurity organs under local people’s governments at or above the county levelin the places of residence for examination.
Article 39Where foreigners stay in hotels in China, the hotels shall register theiraccommodation in accordance with the regulations on the public securityadministration of the hotel industry, and submit foreigners’ accommodationregistration information to the public security organs in the places where thehotels are located.
Forforeigners who reside or stay in domiciles other than hotels, they or thepersons who accommodate them shall, within 24 hours after the foreigners’arrival, go through the registration formalities with the public securityorgans in the places of residence.
Article 40For foreign infants born in China, their parents or agents shall, within 60days after they are born, on the strength of the birth certificates, go throughthe formalities for stay or residence registration for them with the exit/entryadministrations of public security organs under people’s governments at orabove the county level in the places of their parents’ stay or residence.
Forforeigners who decease in China, their relatives, guardians or agents shall, inaccordance with relevant regulations, on the strength of the deathcertificates, report their death to the exit/entry administrations of thepublic security organs under local people’s governments at or above the countylevel to cancel their stay or residence permits.
Article 41Foreigners who work in China shall obtainwork permits and work-type residence permits in accordance with relevantregulations. No entities or individuals shall employ foreigners who have nowork permits or work-type residence permits.
Theadministrative measures for foreigners working in China shall bestipulated by the State Council.
Article 42The competent department of human resources and social security and thecompetent department in charge of foreign experts affairs under the StateCouncil shall, in conjunction with relevant departments under the StateCouncil, formulate and regularly adjust the guiding catalogue for foreignersworking in China based on the needs for economic and social development as wellas the supply and demand of human resources.
The competentdepartment of education under the State Council shall, in conjunction withrelevant departments under the State Council, establish an administrativesystem for foreign students working to support their study in Chinaand setforth regulations on the scope of jobs and the limit of work time for suchforeign students.
