Chapter
I Entry into the
Country
Article 1 For entry into China, aliens shall apply for visas
from Chinese diplomatic missions, consular posts or other
resident agencies abroad authorized by the
Ministry of Foreign Affairs. Aliens who hold
ordinary passports issued by countries which have
diplomatic relations
or official trade links with China as
well as letter(s) or telegram(s) from authorized
units 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 to the visa-granting
departments at entry ports as authorized by the Ministry of
Public Security:(1) they are invited at the last moment by a
Chinese host to come to China for a trade fair;(2)they are
invited to come to China to submit
a tender or to sign a
formal economic or trade contract;(3) they come to China
by appointment to supervise the inspection of
import and export commodities or to participate in a check-and-accept
operation in accordance with contracts;(4) they are invited
to participate in the installation of equipment or in the
emergency repair of engineering projects;(5) they come to
China at the request of the Chinese
side to solve a problem of claims;(6) they are
invited to come to provide technical advisory services;(7)
they come to China due to a last-minute change in the
composition of a visiting group and with consent of the
Chinese side after the visas are granted;(8) they come to
China to
see patients in critical conditions, or to
undertake funeral matters;(9) owing to force
majeure, transit visa holders cannot leave
the country within twenty-four hours by taking the
original place or by taking other means of
transport;(10) other invited guests who really have no time
for visa application to the aforesaid China's
resident agencies abroad, and who hold letter(s) or
telegram(s) from
competent authorities who give the consent for
the invited guests to apply for the visa at the designated
entry ports. The visa-granting agencies at entry ports shall
not accept and handle visa applications filled out by people
who do not come under the aforesaid
circumstances.
Article 2 Visa-issuing departments at port of entry, as
authorized 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), Zhuhai(Gongbei)
Article
3 Different categories of visa,
such as diplomatic visa,
courtesy visa, service visa, and ordinary visa, shall
be issued to different aliens in
accordance with the different capacities in
which they visit China and also
with the different categories of passport they
hold.
Article 4 In
accordance with aliens' reasons for coming to China, the
ordinary visas to be issued to them shall be marked with the
following Chinese pinyin letters:(1) the letter
"D" is marked on a visa issued to a
person who comes for permanent
residence in China;(2) the letter "Z" is marked on
a visa issued to
a person who comes to China for
a post or employment, and also to
this person's accompanying family members;(3)
the Letter "X" is marked on a visa issued to
a person who comes to China to
study, to engage in advanced studies, or to do
fieldwork, for a period of more than 6 months;(4) the
letter "F" is marked on a visa issued to a person
who is invited to come to China for a visit,
for investigations, for giving lectures, for doing business,
for carrying out scientific, technical and cultural
exchanges, for pursuing short-term advanced studies or
for doing short-term field work: these activities shall not
exceed 6 months;(5) the letter "L" is marked on a
visa issued to a person who comes to
China for sightseeing, for visiting relatives, or for
private matters; a group visa shall be issued to a
China-bound tourist group of nine members or more;(6)
the letter "G" is marked on a visa issued to a
transit traveler; (7) the letter "C" is marked on
a visa issued to a crew member performing his/her
duties on board an international train, or on
an international airliner, to a sailor on board an
international ocean-liner or freighter, and also to their
accompanying family members.
Article
5 An alien, who is applying for a visa,
shall answer the questions put to him/her and
go through the following procedures:(1) to present a valid
passport or other certificate(s) that
can be used in place of a passport;(2) to fill
in a visa application form, and hand in recent frontal
hatless half-length passport-size photos of the
applicant;(3) to present, for examination, documents of
certification pertaining to the reason(s) for entry
or transit application.
Article
6 The documents of certification as
mentioned in Item (3) Article 5 of these Regulations, refer
to:(1)those applying for the visa
marked with "D" shall hold
status-of-residence identification forms. To obtain such a
form, the applicant may apply, or do so
through his/her
relatives in China, to the
entry-exit controlling department under the public security
bureau of the city or county where the applicant is
to reside;(2) those applying for the visa marked with
"Z" shall hold documents of
certification issued by a Chinese unit indicating the
engagement or employment, or hold letter(s) or
telegram(s) sent by an authorized unit;(3) those applying
for the visa marked with "X"
shall hold documents of certification issued
by a host institution or by a competent department;(4)those
applying for the visa marked with "F"
shall hold letter(s) or telegram(s)
sent by an authorized unit;(5) those applying for the visa
marked with
"L", who come to China as
tourists, shall
hold certifying documents for reception issued by a
Chinese tourist department;(6) those applying for the visa
marked with "G" shall
hold a valid visa issued by the country
(or
region) the applicant is going
to. Only a through-ticket holder
is exempt from
the procedures for such visa
application;(7) those applying for the visa marked
with "C" shall produce relevant
certificates according to agreement. Aliens who come to
reside in China or to stay in China for
more than one year shall, when applying for an
entry visa, produce for examination a
health certificate issued by a health department designated
by the country the applicant resides in, or issued by a
health department and attested by a notary office. The
health certificate shall remain valid within a period of 6
months of its issuance.
Article
7 Aliens belonging to any of the
following categories shall not be permitted to enter
China:(1) deportees by the Chinese government whose terms
of deportation have not yet expired;(2) those
who are considered prone,
after entering the country, to
terrorist or subversive activities or violence;(3) those
who are considered prone, after entering the
country, to smuggling, prostitution, or drug trafficking;(4)
those who suffer from mental diseases,
or leprosy, AIDS, venereal diseases,
open tuberculosis and such infectious diseases;(5) those who
lack
the means to support themselves
financially while staying in China;(6) those who are
considered prone, after entering the
country, to other activities that may
jeopardize the country's security and
interests.
Article 8 Aliens may be exempt from going through
the procedures for obtaining a transit
visa if they hold
a through ticket and have booked seats on
international airliners flying directly through China, and
will stay in a transit city for less than 24 hours
without leaving the airport; aliens who
wish to leave the airport shall apply to the border
inspection office for permission to stay.
Article 9 During
the period of time when an international
ocean-going vessel casts anchor at a port in
China, foreign crew members
and their accompanying family members who wish
to come on land but do not leave the seaport city
shall apply to the border inspection office for landing
certificates; those who wish
to spend the night on land shall apply
for lodging certificates. Those who wish, with
justification, to go to places beyond the
limits of a seaport city, or are unable to leave the country
on board the original ship, shall apply to the
local public security bureau for
proper
visas.
Chapter
II Inspection of the Entry-Exit
Certificates
Article
10 Aliens, upon arrival at a port,
shall
present to the border inspection
office for examination their valid
passports with visas and 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.
Article
11 Upon arrival of a foreign aircraft
or a vessel at
a port in China, the persons in
charge shall have the following responsibilities:(1) the
aircraft commander, the captain or the agent
must submit to the border inspection office a name
list of the crew members, and a name list of the
passengers;(2) if the aircraft or vessel happens
to carry persons who attempt to
cross the borders illegally, the case must be reported as
soon as it is discovered, to the border inspection office
for disposition;(3) with regard to the persons who are
forbidden to enter the country, the persons in charge must
assume the responsibility to take such persons away by means
of the original aircraft or vessel; with respect
to persons who are unable to leave the country
immediately owing to force majeure, the
persons in charge shall be responsible
for paying such persons' living
costs during their stay in China, and
also for paying their travelling
costs when they leave the
country.
Article 12 The border
inspection office shall have the right to
forbid aliens belonging to any
of the following categories to enter or
leave the country:(1) holders of invalid passports,
certificates or visas;(2) holders
of forged or altered or other person's passports and
certificates;(3)those who refuse to present their
certificates for examination;(4) those whose entry into or
exit from the country are not permitted, as notified
by the Ministry of Public Security or by
the Ministry of State
Security.
Article 13 Aliens, on leaving the
country, shall present, for examination, their
valid passports or other valid certificates, and
their visas authorizing their stay in China or
residence permit.
Article 14 Aliens and foreign-owned means of transport whose
transit ports have been designated by the
visa-granting department must enter or leave the country by
the designated ports.
Article
15 With respect to those aliens who are
forbidden to enter the country, as
stipulated in Article12 of these Rules, in the event that
they are unable to return 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 earliest means of
transport.
Chapter
III Residence
Article
16 Aliens who hold the visas marked with
"D", "Z"
and "X" must, within 10days of entry, go through the procedures
for obtaining the residence permit for
aliens or temporary residence permit for
aliens. The term of validity of the
aforesaid residence permit shall be the time limit of the
authorized stay in China for the permit holder. The
residence permit for aliens shall be issued to those
who will stay in China for a period of
more than one year. The temporary residence permit for
aliens shall
be issued to those who will stay
in China for a period of less than one year. Aliens who hold
visas marked with "F", "L",
"G" and "C" may stay in China
within the time limit as their visas indicate,
without the necessity to obtain
residence permits.
Article
17 Aliens who apply for the residence
permit shall answer all the questions put to
them and go through the following formalities:(1) to
present, for examination, their passports, visas,
and certificates pertaining to their residence;(2) to
fill in the residence application form;(3) applicants for
the residence permit for
aliens shall present, for
examination, their health certificates together with recent frontal
hatless half-length passport-size
photos.
Article 18 The term of validity of the residence permit for
aliens may last from one year to five years, as shall be
decided by the municipal or county public security
bureau in accordance with reasons of aliens for staying in
China. To aliens who conform to the stipulations of
Article 14 of The Law on Control of the Entry
and Exit of Aliens, the public
security organ may grant a 1-5-Year long-term
residence permit; to aliens
of outstanding accomplishments a permanent residence
permit may be granted.
Article
19 Aliens exempt from the
visa-obtaining
procedures in accordance with an
agreement signed by the Chinese government and the
government of a foreign country, shall, after entry, apply
for the residence permit in accordance with the
stipulations in Article 16 and Article 17 of these Rules, if
they will stay in China for a period of more than 30
days. However, the provisions of the
preceding paragraph shall not
apply to the aliens as
stipulated in Article 34 of The Law on Control of The
Entry and Exit of
Aliens.
Article 20 An alien who wishes to continue to stay or reside
in China when the term of validity of his/her
visa or residence permit expires shall, before the
expiration, apply for an extension. In the event that an
alien, while staying in China,
has been found to suffer any of the diseases
as specified in Item 4 of
Article 7 of these Rules, China's
competent
public health department may suggest to the
public security organ that the alien in question be notified
to leave the country before the term of his/her stay
expires.
Article 21 If any change is to be made in entries(name,
nationality, profession or status, work
unit, residence, passport number,
accompanying children, etc.) of the residence permit
for aliens, the permit holder shall, within10 days,
go through the registration procedures for
the change at the public security
bureau stationed at the locality of their
residence.
Article 22 In the event that holders of the residence permit
for aliens wish to move out of the city or county
where they reside, they shall, before they move,
go through the removal registration at the public security
bureau stationed at the locality of their original
residence. After moving into the new
locality, they shall go through the moving-in registration
procedures within 10 days at the public security bureau
stationed at the new locality. Resident aliens who
wish to apply for moving their homes shall first apply to
the public security bureau
stationed at the target locality for a
permit and then with
this permit go through
the removal registration procedures in
accordance with the stipulations of the preceding
paragraph.
Article 23 Out of the
consideration for safeguarding
state security, maintaining social order, and
protecting
other public interests, the municipal
or county public security bureau may impose restrictions on
the establishment of residences or business offices in
certain are as by aliens or by foreign institutions;
foreign-owned residences or business
offices already established in the aforesaid areas
under
restrictions must move to the
designated areas within the time specified in the notice of
removal issued by the municipal or county public security
bureau.
Article 24 Aliens residing in China must, once a
year at the designated time, present their residence permit
for aliens to the local public security bureau for
examination.
The public security bureau may,
at a time it deems necessary, notify an alien
to present his/her residence permit for aliens to the
entry-exit control department for examination; and the
alien shall do this accordingly at the time specified
in the notice.
Article 25 Aliens who reside or stay in China and
are 16 years of age or older must carry their
residence permits or passports on them for examination by
the police of foreign affairs when the occasion
requires.
Article 26 As regards a foreign baby born
in China, the baby's parents or
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.
Article 27 In the event that an alien dies in
China, his/her family members or
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 permit or visa of the deceased.
With respect to cases of aliens' accidental death,
the persons concerned or the
discoverers must report
the cases immediately
to the public security
organ.
Article 28
The competent authorities of the Chinese
Government, mentioned in Article19 of the Law on
Control of the Entry and Exit of
Aliens, refers to the Ministry of
Labour and Personnel of the People's Republic of
China.
Chapter
IV Registration for
Lodging
Article 29 Aliens who stay at
such enterprises or institutions as guest houses,
hotels, inns, hostels, and schools, or at
government departments, public organizations
and other Chinese institutions
shall produce their valid passports or
residence permits, and fill in the temporary lodging form.
If they accommodate in an area not open to aliens,
they shall also produce their travel
certificates.
Article 30 In the event
that an alien accommodates at the house of a Chinese
resident, if the house is located in a city or a
town, the host or the alien
himself shall, within 24 hours
of the lodger's arrival submit a
report to the local public
security organ together with the lodger's
passport and other certificates and the host's residence
booklet, and fill in the temporary lodging registration
form; if the host's house is located in the countryside, the
report shall be
submitted to the local police
station or to the household registration office within 72
hours.
Article 31
In the event that an alien accommodates at a resident
foreign institution in China or at the house
of another alien living in
China, the host institution, the host or the
lodger himself shall, within 24hours of the lodger's arrival
submit
a report to the local public security organ
together with the lodger's passport or residence permit, and
fill in the temporary lodging registration
form.
Article 32
Aliens with permanent residence in China
shall submit a report and go
through the registration procedures in accordance with the
stipulations in Article 29, Article 30 and of these
Rules if they wish to leave their lodgings and accommodate
temporarily in other places.
Article
33 Aliens who accommodate in
mobile lodgings shall submit
a report to the local public security
organ within 24 hours. Institutions or
individuals that provide space for the mobile
lodgings or aliens shall 24 hours in
advance submit a report to the local public security
organ.
Chapter
V Travels
Article
34 Aliens who wish to travel in cities
and
counties that are not open to
aliens shall apply in advance to the bureau of
public security of the municipality or
county where they reside 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:(1) to
produce for examination their passports or residence
permits;(2) to submit certificates relating to the
travel;(3) to fill in the travel application
form.
Article 35
The longest term of validity of the travel permit for
an alien shall be one year, provided
that it shall not exceed the
term of validity of his/her visa or
residence permit.
Article 36 In the event that aliens who have
already obtained their travel permits
wish to extend the term of validity
of their travel permits, to visit
additional places that are not open to aliens, and to
increase the number of persons accompanying them,
they must apply to the public security organ for the
extension or change.
Article
37 Without permission, no
aliens shall be permitted to enter places not open to
aliens.
Chapter
VI Exit from the
Country
Article 38 Aliens shall leave the country within
the time limit specified in their
visas, or within the term of validity of their residence
permits.
Article 39 Holders of residence permits for aliens
shall, before leaving the country, apply to the local public
security organ in accordance with the pertinent
stipulations in Article 5 and Article 6 of these Rules, for
obtaining there entry visas if they wish, within the
term of validity of their residence permits, to leave and
then return to China. Holders of
residence permits for aliens shall, upon leaving
China, present to the border inspection
office their residence permits for cancellation if they will
not return to the
country.
Chapter
VII Penalties
Article
40 An alien who has entered China's
territory illegally may be punished with a fine of
500 yuan to 2,000 yuan, or held in detention for 3
to 10 days, or may concurrently be ordered to
leave the country within a specified
period of time, or deported from the country; if the case is
so serious as to constitute
a crime, criminal responsibility shall be investigated
according to law.
Article 41 Persons in charge of the means
of transport, or their agents who, inviolation
of the stipulations in Article 11 of these Rules, refuse to
bear responsibilities may be punished with a fine of 500
yuan to 2,000 yuan or be held in detention for 3 to
10 days.
Article 42 Aliens who, in violation of the stipulations in
Articles 16, 19, 20, 21,22 and 23 of these
Rules, stay in
China illegally, or who violate the
stipulations concerning residential administration, may be given
a warning, or punished with a fine of 100 yuan to 500 yuan,
or be held in detention for1 to 3 days;
if the case is serious, the offender shall be
ordered concurrently to leave the country within a
specified period of
time.
Article 43
An alien who, in violation of the stipulations in Article
24 and Article25 of these Rules, fails to
present the residence permit, as required, for examination,
or
fails to carry the passport or residence
permit on him/her, or refuses to produce his/her
certificate for examination, may be given a warning, or
punished with a fine of 20 yuan
to 50 yuan; if the case is
serious, the offender may concurrently
be ordered to leave the country
within a specified period of
time.
Article 44
Aliens who have obtained a post without the approval of the
Ministry of Labour and Personnel of the People's
Republic of China, upon termination of their post or
employment, may be punished with a fine of 200
yuan to1,000 yuan; if the case is serious,
the offender shall concurrently be
ordered to leave the country within a specified period of
time.
Article 45
Anyone who is held responsible for, in violation of
the stipulations in Chapter IV of these
Rules, the failure to go through
the registration procedures 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 valid certificates, may be
given a warning, or punished with a fine of 10 yuan
to 50 yuan.
Article 46 Aliens who, in violation of the
stipulations in Articles 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
30 yuan to 100 yuan; if the case is serious, the offender
shall concurrently be ordered to leave the country
within a specified period of
time.
Article 47
Aliens who have forged, or altered,
or used other than their own, or
transferred to others the possession of, visas
and certificates may, in addition to
the revocation or
confiscation of the original
visas and certificates, be punished with a fine of
500 yuan to 2,000 yuan, or held in detention
for 3 to 10days; and may also
concurrently be ordered to leave the
country within a specified period of time.
If the case is so serious
as to constitute
a crime, criminal
responsibility shall be investigated according
to law.
Article 48 Those who violate The Law on Control of the Entry
and Exit of Aliens and these Rules due to force
majeure, may be exempted from penalty. When an alien is
unable to pay a fine, the penalty may
take the form of
detention.
Article 49 The penalties of imposing fines and making
detentions, as provided in this Chapter, shall also be
applicable to the persons who are held responsible
for helping aliens to enter or leave the
country illegally, for causing aliens
to reside or stay in China illegally, for employing aliens
who seek a post without permission, or for facilitating
aliens without valid travel certificates in their entry into
areas not open to aliens.
Article
50 Persons who are punished do not
accept the penalty of a fine or detention imposed by
the public security organ may, within 15 days of
receiving the notice, appeal, through the
original organ that
made the decision on punishment or
directly to a public security organ at a higher level, which
shall, within 3 days of receiving the appeal, make a final
decision. Persons who are punished may bring a suit directly
to the local people's
court.
Article 51
The penalties as stipulated in
this Chapter shall be executed by the
public security
organ.
Chapter
VIII Other
Provisions
Article
52 Aliens who wish to apply for an
extension of or a change in various types of visa and certificate shall go through the following
procedures:(1) to
present for examination their passports and visas and other
certificates;(2) to fill in the application form for
extension or change;(3) to provide certifying documents
relating to extension or change.
Article 53
Aliens who apply for various types of visas and
certificates, or for an extension of or
a change in their visas and certificates, must
pay fees for visas and certificates according to
relevant regulations. The schedule of fees for various types
of visas and certificates shall be drawn up by the
Ministry of Public Security and
the Ministry of Foreign
Affairs. Personnel from a country that has signed an
agreement with the Chinese government on
the fees for visas shall follow the relevant
agreement.
Article 54 Foreign children under 16 years of
age sharing the same passport with
their parents or
guardians who come to China with their parents or
guardians need not go through the procedures for entry,
transit, residence or travel
separately.
Article 55 In the event
that the visas and certificates issued
by the Chinese government and held by aliens are lost or
damaged, the holders shall immediately
report to
the entry-exit control department of the
local public security bureau and apply for a reissue. Aliens
who have lost the residence permits for aliens shall
publish an announcement in a local
newspaper to declare the lost permits
invalid.
Article 56 The format of the various types
of visas, certificates and application
forms, as mentioned in these Rules, shall be made out separately by the Ministry
of Public Security and the Ministry of Foreign
Affairs.
Article 57 These Rules shall go into effect as of the date
of promulgation.
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