中华人民共和国外国人入境出境管理法实施细则
（英文版）
Rules Governing the Implementation Of the Law of the People's Republic 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)
The present Rules are formulated
in accordance with the provisions of Article 33 of the Law of the People's
Republic of China on the Entry and Exit of Aliens (hereinafter referred to as
the Law on the Entry and Exit of Aliens).
ChapterⅠ 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 Ⅱ 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 Ⅲ 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 diseases 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 Ⅳ 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 accommodation. 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 Ⅴ 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 Ⅵ 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 Ⅶ 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 Ⅳ 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 resider 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 Ⅷ 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.
(Unofficial Translation)