发布时间: 2015-12-08   信息来源:   浏览次数: 105

RulesGoverning the Implementation of the Law of the PRC on the Entry and Exit ofAliens



(Approved by the State Council on 3December 1986 and Promulgated by the Ministry of Public Security and theMinistry of Foreign Affairs on 27 November 1986. Revised and Approved by theState Council on 13 July 1994 and Promulgated by the Ministry of PublicSecurity and the Ministry of Foreign Affairs on 15 July 1994.)



Article 1 For entry to China, aliens shall apply for visas to Chinesediplomatic missions, consular posts or other foreign-base agencies authorizedby the Ministry of Foreign Affairs of the People's Republic of China.



Aliens holding letters or telegrams fromauthorized organizations in China and ordinary passports issued by countriesthat have diplomatic relations or official trade contacts with China may applyfor visas to port visa agencies authorized by the Ministry of Public Securityin cases of an urgent need to travel to China and a lack of time to apply forvisas to the above-mentioned Chinese agencies abroad, for the followingreasons:



(1) Being invited at short notice by theChinese side to attend a trade fair in China;



(2) Being invited to China to entera bid or to formally sign an economic or trade contract;



(3) Coming to China under contract forsupervision over export shipment, import commodity inspection or checked on thecompletion of a contract;



(4) Being invited to install equipment ormake rush repairs;



(5) Coming to China at the request of the Chineseside for settling claims;



(6) Being invited to China forscientific or technological consulting services;



(7) A last-minute replacement or addition,approved by the Chinese side, to a delegation or group that has been invitedand has already obtained visas for traveling to China;



(8) For visiting a patient in a criticalcondition or making funeral arrangements;



(9) As persons in immediate transit who,because of force majeure, are unable to leave China by original aircraft within24 hours or have to leave China by other means of transport;



(10) As other invitees who really do nothave enough time to apply for visas to the above-mentioned Chinese agenciesabroad but hold letters or telegrams from designated competent authoritiesapproving the application for visas at port visa agencies.



Port visa agencies shall not handle visaapplications of aliens who do not come under the above-listed categories.



Article 2 Port visa agencies authorized bythe 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 statusand the types of passports they hold, different aliens coming to China shall beissued diplomatic, courtesy, service or ordinary visas respectively.



Article 4 Ordinary visas shall be markedwith different Chinese phonetic letters and issued to different aliensaccording to their stated purposes of visit to China:


1、 * D字签证发给来中国定居的人员;

(1) Visa D to aliens who are to residepermanently in China;


2、 * Z字签证发给来中国任职或者就业的人员及其随行家属;

(2) Visa Z to aliens who come to China to takeup posts or employment and to their accompanying family members;


3、 * X字签证发给来中国留学、进修、实习6个月以上的人员;

(3) Visa X to aliens who come to China forstudy, advanced studies or job-training for a period of six months or more;


4、 * F字签证发给来中国访问、考察、讲学、经商、进行科技文化交流及短期进实习等活动不超过6个月的人员;

(4) Visa F to aliens who are invited to China on avisit or on a study, lecture or business tour, for scientific-technological orcultural exchanges, for short-term refresher course or for job-training, for aperiod not more than six months;


5、 * L字签证发给来中国旅游、探亲或者因其他私人事务入境的人员,其中9人以上组团来中国旅游的,可以了给团体签证;

(5) Visa L to aliens who come to China forsight-seeing, visiting relatives or other private purposes (A group visa may beissued to a group of nine or more aliens on a sight-seeing trip to China);


6、 * G字签证发给经中国过境的人员;

(6) Visa G to aliens passing through China;


7、 * C字签证发给执行乘务、航空、航运任务的国际列车乘务员、国际航空器机组人员及国际航行船舶和海员及其随行家属;

(7) Visa C to train attendants, air crewmembers and seamen operating international services, and to their accompanyingfamily members.


8、 * J-1字签证发给来中国常驻的外国记者,J-2字签证发给临时来中国采访的外国记者;

(8) Visa J-1 to resident foreigncorrespondents in China;Visa J-2 to foreign correspondents who make short trip to China onreporting tasks.



Article 5 In applying for visas, aliensshall provide such pertinent information as requested and complete thefollowing procedures:



(1) Present valid passports or replacementcertificates;



(2) Fill in visa application forms andsubmit recently taken two-inch half-length, bareheaded and full-faced photos;



(3) Submit for examination papers supportingthe application for entry into or transit through China.



Article 6 The supporting papers mentionedin Article 5(3) of these rules refer to the following:



(1) In application for Visa D, a permanentresidence confirmation form, which may be obtained through application by theapplicant or by his /her designated relatives in China from the exit-and-entrydepartment of the municipal or county public security bureau at the place ofthe applicant's intended residence;



(2) In application for Visa Z, a letter ofappointment or employment from the sponsor or employer organization in China ora letter or telegram from an authorized organization;



(3) In application for Visa X, acertificate from the receiving organization or the competent department;



(4) In application for Visa F, a letter ortelegram from the authorized organization;



(5) In application for Visa L for a touristtrip in China, a certificate of reception from a Chinese travel service; and,when necessary, plane, train or ship ticket(s) to the country (region) afterleaving China;



(6) In application for Visa G, a valid visafor entering the country (region) of destination, or connecting tickets in casesuch a visa is exempt;



(7) In application for Visa C, relevantcertificates in accordance with the agreements concerned.



(8) In application for Visas J-1 and J-2, acertificate from the competent department.



Aliens who come to China forpermanent residence or for residence of one year and upwards shall, in applyingfor entry visas, submit for examination health certificates issued by health ormedical institutions designated by the governments of the countries of theircurrent residence or those issued by health or medical institutions andcertified by notarial organs.



Health certificates are valid for sixmonths from the date of issuance.



Article 7 Aliens coming under the followingcategories shall not be allowed to enter China:



(1) An alien expelled by the ChineseGovernment and before the expiry of the period when his/her re-entry is prohibited;



(2) An alien considered likely to engage interrorism, violence or subversion upon entering China;



(3) An alien considered likely to engage insmuggling, drug trafficking or prostitution upon entering China;



(4) An alien suffering from mentaldisorder, leprosy, AIDS, venereal diseases, contagious tuberculosis or otherinfectious diseases;



(5) An alien who cannot guarantee to coverhis/her own expenses during his/her stay in China;



(6) An alien considered likely to engage inother activities prejudicial to China'snational security and interests.



Article 8 Transit visas are not requiredfor those aliens who are in immediate transit through China oncontinued international flights, who hold connecting flight tickets and haveseats booked and who stay for not more than 24 hours within the airport of thein-transit city. Aliens wishing to leave the airport shall apply to the bordercheck-posts for stop-over permits.



Article 9 When vessels operatinginternational service anchor at Chinese ports, foreign crew members and theiraccompanying family members wishing to disembark at the port city shall applyto border check-posts for disembarkation permits, or lodging permits if theydesire to stay overnight on land. Those who, for proper reasons, need to travelto areas beyond the port city or who cannot leave China on the original vessel shallapply to the local public security bureau for appropriate visas.



Inspection of Entry and Exit Certificates



Article 10 Upon arrival at a Chinese port,aliens shall submit their valid passports, Chinese visas and certificates toborder check-posts for examination and shall fill in entry and exit forms. Theymay enter Chinaafter the border check-posts complete inspection and affix inspection seals.



Article 11 When a foreign aircraft orvessel arrives at a Chinese port, the person in charge shall fulfill thefollowing obligations:



(1) The captain or his/her agent mustsubmit lists of the crew members and passengers to the border check-posts;



(2) Report, immediately upon discovery,cases of persons aboard attempting to illegally cross China's bordersto the border check-posts for action;



(3) See to it that persons not permitted toenter China leave on theoriginal means of transport and that the expenses during the stay in China ofpersons who cannot promptly leave the country through force majeure are coveredalong with their travel expenses for departure.



Article 12 The border check-posts have theright to prevent the entry or exit of aliens coming under the followingcategories:



(1) Those who do not hold valid passports,certificates or visas;



(2) Those who hold forged, altered or otherthan their own passports or certificates;



(3) Those who refuse to have theircertificates examined;



(4) Those who are under notice by theMinistry of Public Security or the Ministry of State Security forbidding theirentry or exit.



Article 13 For exit, aliens shall submitfor examination their valid passports or other valid certificates as well asvisas or residence certificates permitting their stay in China.



Article 14 Aliens and their means oftransport required by the visa agencies to pass through designated ports shallonly enter or depart through the said ports.



Article 15 With regard to the aliens deniedentry under Article 12 of the present Rules who cannot promptly return on theoriginal means of transport, border check-posts may take the necessary measuresto limit the area of their activities and order them to leave China on thenext available means of transport.



Article 16 Aliens holding visas D, Z, X, orJ-1 shall, within 30 days of entry into China, obtain aliens' residencecards or aliens' temporary residence cards from the city or county publicsecurity bureau at the place of their residence. The period of validity of theaforementioned certificates is the duration of the holders' permitted stay in China.



Aliens' residence cards are issued to thosewho stay in Chinafor one year or more.



Aliens' temporary residence cards areissued to those who stay less than one year in China.



Aliens holding visas F, L, G, C or J-2 maystay in Chinafor the period prescribed in their visas without obtaining residencecertificates.



Article 17 In applying for residencecertificates, aliens shall provide such information as requested and completethe following procedures:



(1) Submit for examination their passports,visas and papers supporting their purposes of residence;



(2) Fill in residence application forms;and



(3) In applying for aliens' residencecards, submit for examination health certificates and recently-taken two inchhalf-length, bareheaded, full-faced photos.



Article 18 The validity period of aliens'residence cards, which ranges from one to five years, shall be decided by thecity or county public security bureau according to the aliens' purposes ofresidence.



The public security organs may issuecertificates of long-term residence status valid for one to five years toaliens who come under the provisions of Article 14 of the Law on the Entry andExit of Aliens and may issue certificates of permanent residence status tothose with meritorious performance.



Article 19 Aliens exempt from visas underagreements signed between the Chinese and foreign governments shall, in casethey wish to stay in Chinafor 30 days and upwards, apply upon entry into China for residence certificates inaccordance with Articles 16 and 17 of the present Rules.



The previous paragraph, however, is not applicableto aliens referred to in Article 34 of the Law on the Entry and Exit of Aliens.



Article 20 Aliens who need to prolong theirstay or residence in Chinabeyond the expiration of their visas or residence certificates shall apply foran extension before the expiration of their visas or certificates.



Chinese authorities in charge of publichealth, when discovering aliens, during their stay in China, to be affiliated with diseases specifiedin sub-paragraph 4 of Article 7of the present Rules may request the publicsecurity organs concerned to order them to advance their data of exit from China.



Article 21 In case of any changes in theinformation written in an alien's residence card (such as name, nationality,occupation, status, place of work, address, passport number and accompanyingchildren), the holder of the card shall, within 10days, register such changeswith the public security bureau at the place of his/her residence.



Article 22 The holder of an alien'sresidence card who wishes to move out of the city or county of residence shall,before moving, register the move with the public security bureau at theoriginal place of residence and shall, within 10 days of arrival at the newplace of residence, register the move-in with the public security bureau at thenew place of residence.



An alien residing permanently in China whowishes to apply for a change of residence shall apply in advance to the publicsecurity bureau at the new place of residence for a certificate permitting themove-in and register the move on the strength of the certificate in accordancewith the provisions of the previous paragraph.



Article 23 For the sake of nationalsecurity, public order or other public interests, a city or county publicsecurity bureau may declare certain areas out of bounds for the establishmentof residences or offices by aliens or foreign institutions. Residences andoffices that have already been established in these restricted areas shall bemoved to non-restricted areas within the time limit prescribed in the notice ofmoving issued by the city or county public security bureau.



Article 24 Aliens residing permanently in China shall,once every year and at a prescribed time, submit their residence cards forexamination to the public security bureau at their place of residence.



The public security bureau may, whennecessary, ask an alien to submit his/her residence card to the exit and entrydepartment for examination, and the alien shall do so at the time prescribed inthe notice.



Article 25 Alien at the age of 16 andupwards who reside or stay in Chinashall carry with them their residence certificates or passports for possibleexamination by police in charge of foreign affairs.



Article 26 The parents of an alien infantborn in Chinaor their agent shall, within one month after its birth, report to the localpublic security bureau with the birth certificate and complete registrationprocedures.



Article 27 When an alien dies in China,his/her family members or guardian or agent shall, within 3 days, report to thelocal public security bureau with the death certificate and hand in thedeceased'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 publicsecurity organ.



Article 28 The competent authorities of theChinese Government referred to in Article 19 of the Law on the Entry and Exitof Aliens are the Ministry of Labor and Personnel of the People's Republic of China.



Article 29 For lodging at guest house,hotel, inn, hostel, school or other enterprises and institutions or atgovernment organs or other Chinese organizations, aliens shall present validpassports or residence certificates and fill in registration forms of temporaryaccommodation. They shall present travel permits when seeking accommodation inareas closed to aliens.



Article 30 When an alien wishes to lodge atthe home 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 securityorgan with the lodger's passport and certificate as well as the host'sresidence booklet and fill in registration forms of temporary accommodation. Inrural areas, the host or lodger shall report to the local police station orresidence registration office within 72 hours of the lodger's arrival.



Article 31 When an alien lodges at aforeign institution in China or at the home of an alien in China, theinstitution in question or the host or the lodger shall, within 24 hours of thelodger's arrival, report to the local public security organ with the lodger'spassport or residence certificate and fill in registration forms of temporaryaccommodation.



Article 32 Aliens having long-termresidence in China who wish to lodge temporarily elsewhere than their ownresidence shall report and register accommodation in accordance with theprovisions of Article 29, 30 and 31 of the present Rules.



Article 33 Aliens who lodge temporarily inmovable living facilities shall, within 24 hours of arrival, report to thelocal public security organ. The institutions or individuals that furnish sitesfor the aliens' movable living facilities shall report to the local publicsecurity organ 24 hours ahead of time.



Article 34 An alien wishing to travel tocities or counties closed to aliens shall apply in advance for a travel permitto the public security bureau of the city or county where he/she stays and mayproceed there only with permission. To apply for a travel permit, the followingprocedures must be completed:



(1) Submit passport or residencecertificate for examination;



(2) provide papers supporting the purposesof travel;



(3) Fill in a travel application form.



Article 35 An alien's travel permit shallbe valid for one year at the most, and may not exceed the period of validity ofhis/her visa or residence certificate.



Article 36 An alien who, after obtaining atravel permit, wishes to extend its validity, tour more places closed to aliensor increase the number of accompanying persons shall apply to the publicsecurity bureau for extension or alteration.



Article 37 Aliens shall not enter placesclosed to aliens without permission.



Article 38 Aliens shall leave China withinthe time limit prescribed in the visas or within the period of validity oftheir residence certificates.



Article 39 The holder of an alien'sresidence certificate who wishes to leave and then re-enter China within the period of validity of the saidcertificate shall, before leaving China, apply to the local publicsecurity organ for a re-entry visa in accordance with the relevant provisionsof Articles 5 and 6 of the present Rules.



An alien holding a residence certificatewho does not wish to return to Chinaafter exit shall hand in his/her residence certificate for cancellation to theborder check-point upon exit.



Article 40 Aliens who illegally enter orexit Chinamay be fined from 1,000 to 10,000 yuan (RMB) or detained from 3 to 10 days andmay simultaneously be ordered to leave the country within a specified time orexpelled from the country. Those whose offenses are serious enough toconstitute a crime shall be prosecuted for criminal responsibility according tolaw.



Article 41 A person in charge of a means oftransport or his/her agent who refuses to bear responsibility in contraventionof the provisions of Article 11 of the present Rules may be fined from 1,000 to10,000 yuan (RMB) or detained from 3 to 10 days.



Article 42 Aliens who illegally stay in China in contravention of the provisions ofArticles 16, 19 and 20 of the present Rules may be served a warning, fined 500yuan (RMB) per day for the period of his/her illegal stay in China with thetotal sum of fine not exceeding 5,000 yuan (RMB), or detained from 3-10 days.Those whose offenses are serious may at the same time be ordered to leave thecountry within a specified time.



Aliens who violate Article 21 and 22 of thepresent Rules may be served a warning or fined up to 500 yuan. Those whoseoffenses are serious may at the same time be ordered to leave the countrywithin a specified time.



Aliens who violate Article 23 of thepresent Rules and fail to carry out the decision of the public security organsmay, while being compelled to carry out the decision, be served a warning orfiled from 1,000 t 10,000 yuan. Those whose offenses are serious shall beordered to leave the country within a specified time.



Article 43 Aliens who, in contravention ofthe provisions of Articles 24 and 25 of the present Rules, fail to submit theirresidence certificates for examination as required or to carry their passportsor residence certificates with them or refuse to produce their certificates topolice for examination may be served a warning or fined up to 500 yuan (RMB),and those whose offenses are serious may at the same time be ordered to leavethe country within a specified time.



Article 44 Aliens who found employmentwithout permission from the Ministry of Labor of the People's Republic of Chinaor its authorized departments shall have their posts or employment terminatedand may at the same time be fined up to 1,000 yuan (RMB), and those whoseoffenses are serious may at the same time be ordered to leave the countrywithin a specified time.



Units and individuals who employ alienswithout permission shall terminate employment of the said aliens and may at thesame time be fined from 5,000 to 50,000 yuan (RMB), and be ordered to cover allthe expenses of repatriating the aliens whom they had employed.



Article 45 Whoever is held responsible forfailing to register accommodation or report such registration to the publicsecurity organ, or for accommodating aliens without valid certificates incontravention of the provisions of Chapter IV of the present Rules may beserved a warning or fined from 50 to 500 yuan.



Article 46 Aliens who travel to areasclosed to aliens without prior permission in contravention of the provisions ofArticles 34, 36 and 37 of the present Rules may be served a warning or fined upto 500 yuan (RMB), and those whose offenses are serious may at the same time beordered 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 from1,000 to 10,000 yuan (RMB) or detained from 3 to 10 days, and may at the sametime be ordered to leave the country within a specified time, and those whoseoffenses are serious enough to constitute a crime shall be prosecuted for theircriminal responsibility according to law.



Article 48 Whoever out of force majeureacts in contravention of the Law on the Entry and Exit of Aliens and thepresent Rules may be exempted from penalties.



Aliens who are unable to pay a fine may besubjected to detention instead.



Article 49 Penalties such as fines anddetention provided for in this Chapter shall also apply to persons heldresponsible for assisting aliens to enter or leave China illegally, or causingaliens to reside to stay illegally in China, or employing aliens who seek jobswithout permission, or providing facilities for aliens to travel without validtravel permits to areas closed to aliens.



Article 50 If an alien being fined ordetained by a public security organ refuses to accept such penalty, he/she may,within 15 days of receiving notification, appeal to the original adjudicationorgan or directly to the next higher public security organ, which shall makethe final judgment within 15 days of receiving the appeal. The person beingpenalized may also file a suit directly with a local people's court.



Article 51 The penalties provided for inthis Chapter shall be executed by the public security organs.



Article 52 Aliens who wish to apply forextension or alteration of visas or certificates shall complete the followingprocedures:



(1) Submit their passports, visas and certificatesfor examination;



(2) Fill in application forms for extensionor alternation;



(3) provide papers supporting reasons forextension or alternation.



Article 53 Aliens applying for visas andcertificates or for their extension or alternation shall pay visa andcertificate fees according to the prescribed rates.



The rates of visa and certificate feesshall be prescribed by the Ministry of Public Security and the Ministry ofForeign Affairs.



Persons from countries that have agreementson visa fees with the Chinese Government shall act in accordance with thepertinent agreements



Article 54 An alien child under the age of16 who uses the same passport with his/her parent or guardian need not, whilevisiting Chinawith his/her parent or guardian, go through the entry, transit, residence ortravel procedures separately.



Article 55 An alien whose Chinese visa orcertificate is lost or damaged shall promptly report to the exit and entrydepartment under the local public security bureau and apply for a new one orreplacement. An alien who has lost his /her residence card shall declare thelost 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 bedecide upon by the Ministry of Public Security and the Ministry of ForeignAffairs.



Article 57 The present Rules shall beimplemented from the date of their promulgation.