Exit and Entry Administration Law of the People's Republic of China

Chapter V Border Inspection of Transport Vehicles Exiting/Entering China

Article 50 Transport vehicles that exit or enter China shall be subject to border inspection when leaving or arriving at ports. Border inspection of entering transport vehicles shall be conducted at the first arriving port in China; border inspection of exiting transport vehicles shall be conducted at the last port when they leave China. Under special circumstances, border inspection may be conducted in places designated by competent authorities.

Without the permission of exit/entry border inspection authorities in accordance with prescribed procedures, transport vehicles that exit China shall not embark or disembark passengers, or load and unload goods or articles between exit inspection and exit, and nor shall transport vehicles that enter China do so between entry and entry inspection.

Article 51 Persons in charge of transport vehicles or agencies handling the exit/entry business for transport vehicles shall, in accordance with relevant regulations, report to the exit/entry border inspection authorities in advance on the entering or exiting transport vehicles’ time of arrival at or departure from the port and the places of stay, and truthfully declare information including staff, passengers, goods and articles.

Article 52 Persons in charge of transport vehicles or agencies handling the exit/entry business for transport vehicles shall provide cooperation in exit/entry border inspection, and shall immediately report any violations of this Law found thereby and give assistance in the investigation and handling of such violations.

Where transport vehicles that enter China carry persons who are not allowed to enter China, the persons in charge of the transport vehicles shall be responsible for their leaving.

Article 53 Exit/entry border inspection authorities shall supervise transport vehicles that exit or enter China under any of the following circumstances:

(1) Between exit border inspection and exit for transport vehicles that exit China, and between entry and entry border inspection for transport vehicles that enter China;

(2) When foreign ships navigate in China’s inland waters; or

(3) Other circumstances in which supervision is necessary.

Article 54 Persons who need to embark on or disembark from foreign ships for reasons such as goods loading or unloading, maintenance operations or visit shall apply to exit/entry border inspection authorities for boarding pass.

Where a Chinese ship needs to berth alongside a foreign ship, or a foreign ship needs to berth alongside another foreign ship, the captain or the agency handling the exit/entry business for relevant transport vehicles shall apply to the exit/entry border inspection authority for going through formalities for berth.

Article 55 Foreign ships and aircrafts shall navigate according to prescribed routes.

Ships and aircrafts that exit or enter China shall not access areas outside the ports open to foreign countries. The aforesaid ships or aircrafts that access such areas due to unforeseeable emergencies or force majeure shall immediately report to the nearest exit/entry border inspection authority or local public security organ, and accept supervision and administration.

Article 56 Under any of the following circumstances, transport vehicles shall be not allowed to exit or enter China; those that have left ports may be ordered to return:

(1) Exit or enter China without examination and approval when leaving or arriving at port;

(2) Change the port of exit or entry without approval;

(3) Are suspected of carrying persons who are not allowed to exit or enter China and therefore need to be inspected and verified;

(4) Are suspected of carrying articles endangering national security or interests or disrupting social or public order and therefore need to be inspected and verified; or

(5) Other circumstances in which transport vehicles refuse to subject themselves to exit/entry border inspection authorities’ administration.

After the circumstances specified in the preceding paragraph disappear, exit/entry border inspection authorities shall immediately release relevant transport vehicles.

Article 57 Agencies handling the exit/entry business for transport vehicles shall file records with exit/entry border inspection authorities. For agents engaging in such a business, the entities they work for shall file relevant records for them with exit/entry border inspection authorities.