LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON CONTROL OF THE ENTRY AND EXIT OF ALIENS
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LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON CONTROL OF THE ENTRY AND EXIT OF ALIENS ——附加英文版
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON CONTROL OF THE ENTRY AND EXIT OF ALIENS
(Adopted at the 13th Meeting of the Standing Committee of the
Sixth National People's Congress, promulgated by Order No. 31 of the
President of the People's Republic of China on November 22, 1985, and
effective as of February 1, 1986)
Contents
Chapter I General Provisions
Chapter II Entry into the Country
Chapter III Residence
Chapter IV Travel
Chapter V Exit from the Country
Chapter VI Administrative Organs
Chapter VII Penalties
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is formulated with a view to safeguarding the sovereignty of the
People's Republic of China, maintaining its security and public order and
facilitating international exchange.
This Law is applicable to aliens entering, leaving and transiting the
territory of the People's Republic of China and to those residing and
travelling in China.
Article 2
Aliens must obtain the permission of the competent authorities of the
Chinese Government in order to enter, transit or reside in China.
Article 3
For entry, exit and transit, aliens must pass through ports open to aliens
or other designated ports and must be subject to inspection by the
frontier inspection offices. For entry, exit and transit, foreign-owned
means of transport must pass through ports open to aliens or other
designated ports and must be subject to inspection and supervision by the
frontier inspection offices.
Article 4
The Chinese Government shall protect the lawful rights and interests of
aliens on Chinese territory.
Freedom of the person of aliens is inviolable. No alien may be arrested
except with the approval or by decision of a people's procuratorate or by
decision of a people's court, and arrest must be made by a public security
organ or state security organ.
Article 5
Aliens in China must abide by Chinese laws and may not endanger the state
security of China, harm public interests or disrupt public order.
Chapter II Entry into the Country
Article 6
For entry into China, aliens shall apply for visas from Chinese diplomatic
missions, consular offices or other resident agencies abroad authorized by
the Ministry of Foreign Affairs. In specific situations aliens may, in
compliance with the provisions of the State Council, apply for visas to
visa-granting offices at ports designated by the competent authorities of
the Chinese Government.
The entry of nationals from countries having visa agreements with the
Chinese Government shall be handled in accordance with those agreements.
In cases where another country has special provisions for Chinese citizens
entering and transiting that country, the competent authorities of the
Chinese Government may adopt reciprocal measures contingent on the
circumstances.
Visas are not required for aliens in immediate transit on connected
international flights who hold passenger tickets and stay for no more than
24 hours in China entirely within airport boundaries. Anyone desiring to
leave the airport temporarily must obtain permission from the frontier
inspection office.
Article 7
When applying for various kinds of visas, aliens shall present valid
passports and, if necessary, provide pertinent evidence.
Article 8
Aliens who have been invited or hired to work in China shall, when
applying for visas, produce evidence of the invitation or employment.
Article 9
Aliens desiring to reside permanently in China shall, when applying for
visas, present status-of-residence identification forms. Applicants may
obtain such forms from public security organs at the place where they
intend to reside.
Article 10
The competent authorities of the Chinese Government shall issue
appropriate visas to aliens according to the purposes stated in their
entry applications.
Article 11
When an aircraft or a vessel navigating international routes arrives at a
Chinese port, the captain or his agent must submit a passenger name list
to the frontier inspection office; a foreign aircraft or vessel must also
provide a name list of its crew members.
Article 12
Aliens who are considered a possible threat to China's state security and
public order shall not be permitted to enter China.
Chapter III Residence
Article 13
For residence in China, aliens must possess identification papers or
residence certificates issued by the competent authorizes of the Chinese
Government. The term of validity of identification papers or residence
certificates shall be determined according to the purposes of entry.
Aliens residing in China shall submit their certificates to the local
public security organs for examination within the prescribed period of
time.
Article 14
Aliens who, in compliance with Chinese laws, find it necessary to
establish prolonged residence in China for the purpose of investing in
China or engaging in cooperative projects with Chinese enterprises or
institutions in the economic, scientific, technological and cultural
fields, or for other purposes, are eligible for prolonged or permanent
residence in China upon approval by the competent authorities of the
Chinese Government.
Article 15
Aliens who seek asylum for political reasons shall be permitted to reside
in China upon approval by the competent authorities of the Chinese
Government.
Article 16
Aliens who fail to abide by Chinese laws may have their period of stay in
China curtailed or their status of residence in China annulled by the
competent authorities of the Chinese Government.
Article 17
For a temporary overnight stay in China, aliens shall complete
registration procedures pursuant to the relevant provisions.
Article 18
Aliens holding residence certificates who wish to change their place of
residence in China must complete removal formalities pursuant to the
relevant provisions.
Article 19
Aliens who have not acquired residence certificates or who are on a study
programme in China may not seek employment in China without permission of
the competent authorities of the Chinese Government.
Chapter IV Travel
Article 20
Aliens who hold valid visas or residence certificates may travel to places
open to aliens as designated by the Chinese Government.
Article 21
Aliens desiring to travel to places closed to aliens must apply to local
public security organs for travel permits.
Chapter V Exit from the Country
Article 22
For exit from China, aliens shall present their valid passports or other
valid certificates.
Article 23
Aliens belonging to any of the following categories shall not be allowed
to leave China:
(1) defendants in criminal cases or criminal suspects confirmed by a
public security organ, a people's procuratorate or a people's court;
(2) persons who, as notified by a people's court, shall be denied exit
owing to involvement in unresolved civil cases; and
(3) persons who have committed other acts in violation of Chinese law who
have not been dealt with and against whom the competent authorities
consider it necessary to institute prosecution.
Article 24
Frontier inspection offices shall have the power to stop aliens belonging
to any of the following categories from leaving the country and to deal
with them according to law:
(1) holders of invalid exit certificates;
(2) holders of exit certificates other than their own; and
(3) holders of forged or altered exit certificates.
Chapter VI Administrative Organs
Article 25
China's diplomatic missions, consular offices and other resident agencies
abroad authorized by the Ministry of Foreign Affairs shall be the Chinese
Government's agencies abroad to handle aliens' applications for entry and
transit.
The Ministry of Public Security, its authorized local public security
organs, the Ministry of Foreign Affairs and its authorized local foreign
affairs departments shall be the Chinese Government's agencies in China to
handle aliens' applications for entry, transit, residence and travel.
Article 26
The authorities handling aliens' applications for entry, transit,
residence and travel shall have the power to refuse to issue visas and
certificates or to cancel visas and certificates already issued or declare
them invalid.
The Ministry of Public Security and the Ministry of Foreign Affairs may,
when necessary, alter decisions made by their respectively authorized
agencies.
Article 27
An alien who enters or resides in China illegally may be detained for
examination or be subjected to residential surveillance or deportation by
a public security organ at or above the county level.
Article 28
While performing their duties, foreign affairs police of the public
security organs at or above the county level shall have the power to
examine the passports and other certificates of aliens. When conducting
such examinations, the foreign affairs police shall produce their own
service certificates, and relevant organizations or individuals shall have
the duty to offer them assistance.
Chapter VII Penalties
Article 29
If a person, in violation of the provisions of this Law, enters or leaves
China illegally, establishes illegal residence or makes an illegal
stopover in China, travels to places closed to aliens without a valid
travel document, forges or alters an entry or exit certificate, uses
another person's certificate as his own or transfers his certificate, he
may be penalized by a public security organ at or above the county level
with a warning, a fine or detention for not more than ten days. If the
circumstances of the case are serious enough to constitute a crime,
criminal responsibility shall be investigated in accordance with the law.
If an alien subject to a fine or detention by a public security organ
refuses to accept the penalty, he may, within 15 days of receiving
notification, appeal to the public security organ at the next higher
level, which shall make the final decision; he may also directly file suit
in the local people's court.
Article 30
In cases where a person commits any of the acts stated in Article 29 of
this Law, if the circumstances are serious, the Ministry of Public
Security may impose a penalty by ordering him to leave the country within
a certain time or may expel him from the country.
Chapter VIII Supplementary Provisions
Article 31
For the purposes of this Law the term "alien" means any person not holding
Chinese nationality according to the Nationality Law of the People's
Republic of China.
Article 32
Transistory entry into and exit from China by aliens who are nationals of
a country adjacent to China and who reside in areas bordering on China
shall be handled according to any relevant agreements between the two
countries or, in the absence of such agreements, according to the relevant
provisions of the Chinese Government.
Article 33
The Ministry of Public Security and the Ministry of Foreign Affairs shall,
pursuant to this Law, formulate rules for its implementation, which shall
go into effect after being submitted to and approved by the State Council.
Article 34
Affairs concerning members of foreign diplomatic missions and consular
offices in the People's Republic of China and other aliens who enjoy
diplomatic privileges and immunities, after their entry into China, shall
be administered in accordance with the relevant provisions of the State
Council and its competent departments.
Article 35
This Law shall go into effect on February 1, 1986.
Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
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