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People's Republic Of China Implementing Rules For The Entry And Exit Of Aliens Control Act

Original Language Title: 中华人民共和国外国人入境出境管理法实施细则

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People's Republic of China promulgated by Decree No. 575

The State Council on changes of People's Republic of China implementing rules for the entry and exit of Aliens Control Act adopted by the decision of the State Council on April 19, 2010 the 108th general meeting, are hereby promulgated and, as of the date of promulgation.

Prime Minister Wen Jiabao



The April 24, 2010

State Council on amending the People's Republic of China implementing rules of administration of the entry and exit of aliens law decision

Decision of the State Council of the People's Republic of China implementing rules of entry and exit of Aliens Control Act as follows:

The seventh paragraph (d) is revised as follows: "suffering from serious psychiatric illness, infectious tuberculosis or other infectious diseases that may cause significant harm to public health;"

This decision shall come into force as of the date of.



People's Republic of China implementing rules of administration of the entry and exit of aliens law corresponding amendments shall be made according to this decision, republished.

People's Republic of China implementing rules for the entry and exit of Aliens Control Act

(December 3, 1986 the State Council approved December 27, 1986 the Ministry of public security, approval of the Ministry of Foreign Affairs of the State Council on July 13, 1994 revised April 24, 2010, the State Council on changes of People's Republic of China implementing rules for the entry and exit of Aliens Control Act, the revision of the decision)

According to the People's Republic of China administration of the entry and exit of Aliens Act (hereinafter referred to as the entry and exit of Aliens Act) 33rd of the rules, the rules are formulated.

Chapter entry

First entry shall be submitted to China's diplomatic missions, consular posts or other foreign agencies authorized by the Ministry of Foreign Affairs to apply for visas.

Foreigners hold China authorized organization of correspondence and have diplomatic relations or official trade links with China the country's passport, for the following reason for emergency to China sooner than in the Chinese diplomatic visas, can also apply to the port visa agencies authorized by the Ministry of public security for visa:

(A) we have decided to invite to participate in trade fairs in China;

(B) was invited to participate in the bid or to formally sign an economic and trade contracts in China;

(C) about China supervision over export shipment, import commodity inspection or acceptance of a contract;

(D) invited to installing or repairing of equipment;

(E) the Chinese side requested to settle claims in China;

(Vi) being invited to China to provide scientific and technological advice;

(G) after being invited to China group visas by the Chinese agreed to temporary replacement or addition;

(VIII) visit the patient in a critical condition or making funeral arrangements;

(I) direct transit personnel owing to force majeure reasons not within 24 hours by taking the original departure or need to change to other departing passengers;

(J) the other was invited too late in the Chinese Embassy to apply for visas, and specified in correspondence of the Department agreed to apply for a visa in the port.

Not this is the case, port visa agencies shall not handle visa applications.

Port visa agencies authorized by the Ministry of public security established in article at the following ports: Beijing, Shanghai, Tianjin, Dalian, Fuzhou, Xiamen, Xian, Guilin, Hangzhou, Kunming, Guangzhou (Baiyun Airport), Shenzhen (Lo Wu, Shekou), Zhuhai (Beaconsfield).

Article depending on the identity of the foreigners come to China, and the types of passports, respectively, shall be issued diplomatic, courtesy, service or ordinary visas.

Issued by the fourth ordinary visas, aliens according to the subject of China, on visa marked the Chinese phonetic letters:

(A) the d visa to China's personnel;

(B) the z Visa posts or employment in China, and their accompanying family members;

(C) the x visa to Chinese students, continuing education, training personnel for more than 6 months;

(D) the f visa is invited to come to China to visit, study, lecture, business, technological and cultural exchanges and short-term training, internships and other activities not exceeding 6 months of personnel;

(E) the l visa to China, visiting relatives or other personal matters of immigration staff, in which groups of 9 or more people travel to China, you can send group visa;

(F) g visa personnel transiting through China;

(VII) c visa crew, international aviation and shipping tasks train crews, international aircraft crew members and international shipping of seamen and their accompanying family members;

(VIII) J-1 visa to resident foreign journalists in China, J-2 temporary visa to foreign journalists in China.

Article fifth applying for visas, aliens shall answer questions were asked about the situation and complete the following procedures:

(A) provide a valid passport or substitute passport documents;

(B) fill in the visa application form, a recent 2-inch half-length, bareheaded photos;

(C) submit with applications for entry or transit of the proof.

Implementing rules for the sixth article of the fifth (c) says proof refers to: (A) apply for a d visa, are required to have a settled status confirmation form.

Settled status confirmation by the applicant or entrust their relatives in China to apply for residency in the city or County Public Security Bureau exit-entry administration of applications received;

(B) the application for visa z, employer, China must have proof of appointment or employment, or correspondence and an authorized organization;

(C) apply for an x visa, subject to proof of the receiving Office or the competent Department;

(D) apply for an f visa, there must be correspondence and an authorized organization;

(E) visa applications for l, traveling to China must receive proof of China's tourism sector and, if necessary, shall be provided after leaving China to travel to the country (region) of the air tickets, bus tickets or ticket; (F) application for g visa are required to have a country (region) of a valid visa.

If the applicant is exempt from visiting the country (region) of the visa are required to have a connecting ticket;

(G) visa application c, according to the agreement provided relevant evidence;

(H) the visa applications, J-1, J-2, there must be proof of authority. To settle in China or foreigners residing more than 1 year, when applying for a visa must also submit Medical Department of Health designated by the Government of the host country to issue, or Health Department to issue health certificate and notary.

A health certificate valid for 6 months from the date of issuance.

Article seventh the following foreigners denied entry:

(A) expelled by the Chinese Government, is not full inadmissibility period;

(B) was considered a possible terror, violence and subversive activities;

(C) was considered a possible smuggling, drug trafficking and prostitution;

(D) suffer from severe mental illness, infectious tuberculosis or other infectious diseases that may cause significant harm to public health;

(V) does not guarantee its requirements during the China;

(F) be considered a possible threat to China's national security and interests of other activities.

Article eighth foreigner holding a connecting ticket and finalize joint-way seats aboard an international flight from China direct transit, in transit city for less than 24 hours, no airports, transit visa-free; asked to leave the airport, must apply for a travel permit procedures to border checkpoints. Parking Nineth international ships at Chinese ports during the alien crew members to their accompanying family members apply for landing, in a port city, to the border to apply for landing permits and require accommodation on land, apply for a stay permit.

Justified need to travel to areas outside the port city, or not as the original ship out of the country, to the local public Security Bureau to apply for the appropriate visa.

Chapter II inspection of entry and exit certificates

Article tenth foreigners arrived in port, border checkpoints must be submit for examination their valid passport and Chinese visa, document, fill in entry and exit cards, and approved by the frontier inspection seal inspection after the entry.

11th foreign aircraft or vessel arrives at a Chinese port, the person in charge has the following responsibilities:

(A) to the border checkpoint, the captain or his agent must submit crew, crew and passenger list;

(B) if the persons aboard attempting to illegally cross the border and found should be reported immediately to the border after, pending further instructions;

(C) persons refused entry, must be responsible for the original transport away, owing to force majeure, to people who cannot immediately leave, must be responsible for their expenses during their stay in China and leave travel.

12th on the following foreigners, frontier inspection station has the right to prevent the entry or exit:

(A) without valid passports, certificates or visas;

(B) holders of passports, documents forged, altered, or others;

(C) refuse to accept inspection of documents;

(D) the Ministry of public security or the Ministry of State Security informed refusal of entry or exit.

13th exit, aliens shall submit for examination their valid passports or other valid documents, visas or residence documents and allowed to stay in China.

Article 14th by the visa authorities to pass port to foreigners and their means of transport, you must enter or depart from the other designated ports.

15th for this implementation rules listed in article 12th blocked entry of foreigners, if not immediately returned with the original means of transport, border check may take the necessary measures to restrict the scope of its activities, and it took the recent Flight departing.

Chapter III residence 16th holding d, z, x, J-1 visas of foreigners must be from the date of entry in the 30th to the residence city and County Public Security Bureau a foreigner residence permit or alien's temporary residence permit.

The aforementioned certificates valid for the term of the residence permit holders in China.

Alien's residence card, issued to personnel residing in China more than 1 years.

Alien's temporary residence permit issued to staff of less than 1 year of residence in China.

Holding a, g, c, f and l visas foreigners can stay during the term of their visas in China, without obtaining residence documents.

17th aliens applying for residence certificates, shall answer questions was asked about the situation and complete the following procedures:

(A) submit for examination their passports, visas and residence-related certificates;

(B) fill in residence application forms;

(C) apply for a residence permit for foreigners, and also to submit a health certificate, a recent 2-inch half-length, bareheaded photos.
18th validity of residence permit for foreigners to be issued from 1 year to 5 years by the municipal or County Public Security Bureau shall be determined according to the residence of foreigners.

Meet the entry and exit of Aliens Act article 14th foreigner, the public security organs may be issued for 1 year to 5 years long term residence status documents; effective can send documents with permanent residence status.

19th according to Chinese and foreign Governments signed the agreement of foreigners without visas, need to stay in China more than 30th, these rules are in the entry if the 16th, 17, applied for residence certificates.

However, the 34th of the entry and exit of Aliens Act stipulates that foreigners shall not apply the provisions of the preceding paragraph.

20th aliens on visas or residence certificates after expiry date must continue to stay or residence in China, are required to apply for an extension before the expiration.

Foreigners in China during their stay, if these rules are found to be suffering from diseases provided for in article seventh fourth, health authorities may ask the public security organs in China ahead of its departure.

21st in the residence permit for foreigners to fill out the content of the project (name, nationality, occupation, status, place of work, address, passport number, and accompanying children, and so on) are subject to change, holders would have to the Public Security Bureau for registration of change of residence in the 10th.

22nd a person having a residence permit for foreigners to move out of the city or County shall, before moving to the residence registration of the Public Security Bureau of migration, after arrival at the new place, to the local public Security Bureau in the 10th, register.

Settlement of foreigners to apply for migration, must apply to the local public Security Bureau grant moved to prove, with the certificate migration registration according to the provisions of the preceding paragraph.

Article 23rd for the sake of national security, public order or other public interest reasons, municipal or County Public Security Bureau to foreigners or foreign institutions in some areas of residences or offices by establishing residence or Office premises in the restricted area must be city or County Public Security Bureau migration declare to the licensed area specified in the notice.

Article 24th residing permanently in China shall once a year at a specified time to submit for examination of Public Security Bureau of residence permit for foreigners to live.

Public Security Bureau deems it necessary, may notify the aliens to the exit-entry departments submit for examination their residence permit for foreigners, foreigners shall be as specified in the notice to submit for examination.

25th in China reside or stay of foreigners over 16 years of age must carry with their residence certificates or passports, Foreign Affairs for examination by police.

Article 26th foreign babies born in China shall, within 1 month of birth, birth certificate held by their parents or representatives declared to the local public Security Bureau, check.

27th death of foreigners in China, their family members or guardians or his agent died in the 3rd report proves to the local public Security Bureau and the deceased for cancellation of residence permits or visas.

Wrongful death of foreigners, the persons concerned or the discoverer shall promptly report to the public security organs.

28th article of the entry and exit of Aliens Act 19th referred to the competent authorities of the Chinese Government is the People's Republic of China Ministry of labour.

The fourth chapter registration Article 29th of foreigners in guesthouses, hotels, hostels, guest houses, schools, businesses, institutions or authorities, organizations and other institutions within the accommodation shall present a valid passport or residence certificates, and fill in the registration form of temporary accommodation.

Accommodation in areas closed to produce travel documents.

Article 30th family accommodation of foreigners in China, the town shall, within 24 hours after arrival, stay or I have accommodation people passports, documents and those who stay in the booklet to the local public security authorities report, fill in the registration form of temporary accommodation; in rural areas, are required to report within 72 hours of the local police station or household registration office.

31st foreign bodies of foreigners in China or accommodation of foreigners in China shall, within 24 hours after the lodger's arrival, by the institution, residential or my lodger's passport or residence certificate, report to the local public security organ, and fill in the registration form of temporary accommodation.

Article 32nd foreigners residing in China for a long time to leave their homes temporarily in other places, should be according to the rules for the implementation of 29th, 30, 31 Declaration of registration. Article 33rd moved lodgings in the temporary accommodation of foreigners, are required to report within 24 hours of the local public security organs.

Moved lodgings provide a venue for foreigners of the institutions or individuals, should be 24 hours ago to the local public security authorities.

The fifth chapter travel Article 34th foreigners travel to off-limits to foreigners for city, County, must apply to the Public Security Bureau in the city or County travel permits approved before they can go to.

Apply for a travel permit to perform the following procedures:

(A) submit passport or residence certificate;

(B) providing travel-related certificates;

(C) fill in their application forms.

35th foreigners travel permit for a maximum period of 1 year, but not more than an alien whose visa or residence certificates will expire.

Article 36th foreigners after receiving a travel permit, such as extension of a travel permit validity period, increased travel sites off-limits to foreigners, increase the number of accompanying, must apply for an extension or alteration.

37th aliens without permission shall not enter places closed to.

Sixth chapter exit

Article 38th foreigner should be terms of the visas or residence certificates for another exit.

39th people holding a residence certificate, during the validity of their residence permits and exit and return to China, should be according to the rules for the implementation of relevant provisions of the fifth to sixth before the exit to the local public security authorities apply for a visa to return to China.

Foreigners holding a residence certificate no longer returns to China after exit, exit at the residence certificate for cancellation to border checkpoints.

The seventh chapter penalty

40th on illegal foreigners into and out of China's territory, more than 1000 Yuan and 10,000 yuan fine, or more than 3rd, 10th, following detention, also may be ordered to leave or expelled; serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

41st for violation of the rules for the implementation of article 11th, head of transport refused to take responsibility or his or her agent, may be of less than 1000 Yuan and 10,000 yuan fine, or more than 3rd, 10th, following the detention.

42nd for violations of these rules are 16th, 19, article 20, aliens residing illegally, warning or illegal residence, 1st 500 Yuan as a fine, not exceeding a total of 5000 Yuan, or more than 3rd, 10th, following detention in serious and ordered to leave.

For violation of the rules for the implementation of the 21st, article 22 foreigners, may be warned or fined not more than 500 serious cases and ordered to leave.

For violation of the rules for the implementation of article 23rd, foreigners are not decided to implement the public security organs, forcing its implementation of decisions at the same time, may be warned or fined not more than 1000 Yuan and 10,000 yuan in serious and ordered to leave.

Article 43rd in violation of the rules for the implementation of article 24th, 25, on request to submit for examination their residence permit, do not carry passports or residence documents, or foreigners who refuse to police inspection of documents, may be warned or fined not more than 500 serious cases and ordered to leave.

44th without a People's Republic of China Ministry of labour or its authorized approval of foreigners who found employment, at the termination of their appointment or employment at the same time, may be fined not more than 1000 Yuan in serious and ordered to leave.

Units and individuals who employ foreigners without permission, at the time of the termination of their employment, may be more than 5000 Yuan, 50,000 yuan fine, and ordered its removal without the full cost of hiring foreigners.

Article 45th on the violation of the provisions of the present rules for the implementation of the fourth chapter, do not complete registration or report to the public security organ registration or those responsible for resident foreigners without valid documents, may be warned or fined not more than 50 Yuan and 500 Yuan.

For violation of the rules for the implementation of the 34th, 46th article 36, article 37 provides that foreigners who travel to areas off-limits to foreigners without permission, and may be warned or fined not more than 500 serious cases and ordered to leave.

47th forge, alter, fraudulently use, transfer or buy and sell visas and certificates of foreigners, revoke or withdraw the original visa, certificates and confiscation at the same time, may be more than 1000 Yuan and 10,000 yuan fine, or more than 3rd, 10th, following the detention, may be ordered to leave the serious cases, constitute a crime, criminal responsibility shall be investigated according to law.

48th owing to force majeure reasons and violation of the entry and exit of Aliens Act and these rules, may be exempted from punishment.

Foreigners unable to pay fines, detention can be modified.

49th the fines or detention provided for in this chapter shall be punished, also suitable for assisting the illegal entry or exit, resulting in illegal aliens reside or stay, hiring who found employment of foreigners, without valid travel documents facilitating the travel of foreigners visiting the off-limits to foreigners those responsible. 50th person penalized for police fines, refuses to accept the penalty of detention, from the date of receipt of the notification on 15th may level straight up through the ruling authorities or police complaints, public security organs at a higher level from the date of receipt of the complaint within the 15th final decision.

The person penalized or directly to the local people's court proceedings.

51st the penalties provided in this chapter, executed by a public security organ.

Other provisions of the eighth chapter

52nd foreigners applying for visas, extension or alteration of documents, required to complete the following procedures:

(A) passport and visa documents;

(B) fill in application forms for extension or change request form;

(C) providing proof relating to the extension or alteration.

53rd aliens applying for visas and certificates or applying for visas and their extension, alteration, must pay visa and certificate fees.

The visa and certificate fees, formulated by the Ministry of public security and the Ministry of Foreign Affairs separately.
Visa fee agreements with the Chinese Government the country's personnel, in accordance with the relevant agreements.

54th foreign children under the age of 16, with their parent or guardian to use the same Passport, came to China with their parents or guardians, you can separate the entry, transit and residence and travel formalities. 55th foreigners held by China's visa or certificate is lost or damaged, it should be immediately reported to the local public Security Bureau exit-entry administration of, and apply for a replacement or renewal.

Lost aliens residence permit, shall be declared void in local newspapers.

56th article of the rules involving a variety of visa and certificate and application form model, formulated by the Ministry of public security and the Ministry of Foreign Affairs separately. 57th article of the regulations as of the date of promulgation.