Exit-Entry Administration Law of the People's Republic of China [Effective]

Order of the President of the People's Republic of China

(No. 57)

The Exit-Entry Administration Law of the People's Republic of China, as adopted at the 27th Session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on June 30, 2012, is hereby issued and shall come into force on July 1, 2013.

Hu Jintao, President of the People's Republic of China

June 30, 2012

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

(Adopted at the 27th Session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on June 30, 2012)

Table of Contents

Chapter I General Provisions

Chapter II Exit and Entry by Chinese Citizens

Chapter III Entry and Exit by Foreign Nationals

Section 1 Visa

Section 2 Entry and Exit

Chapter IV Stay and Residence of Foreign Nationals

Section 1 Stay and Residence

Section 2 Permanent Residence

Chapter V Exit-Entry Border Inspection of Conveyances

Chapter VI Investigation and Repatriation

Chapter VII Legal Liability

Chapter VIII Supplemental Provisions

Chapter I General Provisions

Article 1 In order to regulate the exit-entry administration, maintain the sovereignty, security and public order of the People's Republic of China, and promote international exchanges and China's opening up, this Law is formulated.

Article 2 This Law shall apply to the administration of exit and entry by Chinese citizens, entry and exit by foreign nationals, and stay and residence of foreign nationals within the territory of China, as well as the exit-entry border inspection of conveyances.

Article 3 The state protects the lawful rights and interests of Chinese citizens in relation to exit and entry.

The lawful rights and interests of foreign nationals within the territory of China shall be protected by law. Foreign nationals within the territory of China shall abide by the laws of China and shall not compromise the national security, injure the public interest, or disrupt the public order of China.

Article 4 The Ministry of Public Security and the Ministry of Foreign Affairs shall be responsible for administering relevant exit-entry affairs according to their respective functions.

The embassies and consulates of the People's Republic of China or other institutions stationed overseas as authorized by the Ministry of Foreign Affairs (hereinafter referred to as “overseas visa issuers”) shall be responsible for issuing entry visas to foreign nationals overseas. The exit-entry border inspection authorities shall be responsible for implementing exit-entry border inspections. The public security authorities and their exit-entry administration divisions of the local people's governments at and above the county level shall be responsible for the administration of stay and residence of foreign nationals.

The Ministry of Public Security or the Ministry of Foreign Affairs may, within the extent of its functions, authorize the exit-entry administration divisions of the public security authorities of the local people's governments at and above the county level or the foreign affairs departments of the local people's governments at and above the county level to accept applications of foreign nationals for entry, stay or residence.

The Ministry of Public Security and the Ministry of Foreign Affairs shall, in administering exit-entry affairs, strengthen their communication and cooperation, closely cooperate with other relevant departments of the State Council, and, according to their respective functions, perform functions and assume liabilities in accordance with law.

Article 5 The state establishes a uniform exit-entry administration information platform to achieve information sharing among relevant administrative departments.

Article 6 The state establishes exit-entry border inspection authorities at internationally open ports.

Chinese citizens, foreign nationals, and conveyances shall exit or enter China at internationally open ports and, under special circumstances, may exit or enter China at locations approved by the State Council or approved by the departments authorized by the State Council. Persons and conveyances exiting or entering China shall be subject to exit-entry border inspection.

The exit-entry border inspection authorities shall be responsible for administering the restricted areas of ports. As required for maintaining the national security and the order of exit-entry administration, the exit-entry border inspection authorities may implement border inspection of the articles carried by persons exiting or entering China. When necessary, the exit-entry border inspection authorities may implement border inspection of goods carried on an inbound or outbound conveyance but shall notify the customs.

Article 7 With the approval of the State Council, the Ministry of Public Security and the Ministry of Foreign Affairs may, as required by exit-entry administration, formulate provisions regarding collection of fingerprints and other human biometric information from persons exiting or entering China.

Where a foreign government has special provisions on issuing visas to or the exit-entry administration of Chinese citizens, the Government of China may adopt corresponding equivalent measures according to the actual circumstances.

Article 8 Departments and divisions performing exit-entry administration functions shall, by adopting effective measures, continue to improve their service and administration capabilities, conduct law enforcement impartially, provide convenient and efficient services to the people, and maintain a safe and expedite exit-entry order.

Chapter II Exit and Entry by Chinese Citizens

Article 9 Chinese citizens exiting or entering China shall apply for a passport or other travel credentials in accordance with law.

Chinese citizens traveling to other counties or regions shall obtain visas or other entry permits from such other countries or regions, except there is a visa exemption agreement in effect between the Government of China and the governments of such other countries or regions or as otherwise provided for by the Ministry of Public Security or the Ministry of Foreign Affairs.

Chinese citizens exiting or entering China or working on vessels abroad in the capacity of seaman shall apply for a seaman's book in accordance with law.

Article 10 Chinese citizens traveling between the mainland and the Hong Kong Special Administrative Region or the Macao Special Administrative Region and Chinese citizens traveling between the mainland and the Taiwan region shall apply for travel credentials in accordance with law and comply with the relevant provisions of this Law. The specific administrative measures shall be formulated by the State Council.

Article 11 Chinese citizens exiting or entering China shall present their own passports or other travel credentials and other exit-entry credentials to the exit-entry border inspection authorities for verification and comply with the prescribed procedures and may exit or enter China only after being permitted to do so upon verification.

Where the conditions of a port permit, the exit-entry border inspection authorities shall provide dedicated lanes and other facilities for Chinese citizens to exit or enter China.

Article 12 Under any of the following circumstances, a Chinese citizen shall be prohibited from exiting China:

(1) The Chinese citizen does not hold any valid exit-entry credentials or refuses or evades border inspection;

(2) The Chinese citizen has not finished serving a criminal sentence or is the accused or a suspect in a criminal case;

(3) The Chinese citizen is prohibited from exiting China as decided by a people's court for involvement in a pending civil case;

(4) The Chinese citizen has received a criminal penalty for disrupting national border administration or has been repatriated by any other county or region for illegal exit from China, illegal residence or illegal employment and the prescribed period of prohibition from exiting China has not expired;

(5) The Chinese citizen is prohibited from exiting China as decided by the relevant competent department of the State Council because the national security or interest may be compromised; or

(6) Other circumstances as set out by laws and administrative regulations under which the Chinese citizen is prohibited from exiting China.

Article 13 Where a Chinese citizen who has settled down overseas intends to settle down back in China, before entering China, the Chinese citizen shall apply to the embassy or consulate of the People's Republic of China or any other institution stationed overseas as authorized by the Ministry of Foreign Affairs and may also apply in person or through a domestic relative to the overseas Chinese affairs department of the local people's government of the place at or above the county level where the Chinese citizen intends to settle down.

Article 14 Where a Chinese citizen who has settled down overseas needs to provide identification for handling financial, educational, medical, traffic, telecommunication, social insurance, property registration and other matters, the Chinese citizen may provide his or her passport to prove his or her identity.

Chapter III Entry and Exit by Foreign Nationals

Section 1 Visa

Article 15 Foreign nationals intending to enter China shall apply for a visa to the overseas visa issuers except as otherwise provided for by this Law.

Article 16 Visas include diplomatic visa, courtesy visa, service visa, and ordinary visa.

Diplomatic and service visas shall be issued to foreign nationals who enter China for diplomatic or service reasons; and courtesy visas shall be issued to foreign nationals who merit courteous treatment for their special identities. The scopes of issuance and methods for issuance of diplomatic, courtesy and service visas shall be determined by the Ministry of Foreign Affairs.

Ordinary visas of the corresponding type shall be issued to foreign nationals who enter China for reasons other than diplomacy or service, such as work, study, family visit, tourism, business, and talent introduction. The types and methods for issuance of ordinary visas shall be determined by the State Council.

Article 17 The registration items on visas shall include: visa type, name of holder, sex, birth date, entries, valid period of entry, period of stay, date and place of issue, and number of passport or other international travel credentials, among others.

Article 18 To apply for a visa, foreign nationals shall present their passports or other international travel credentials, as well as documentation on cause of application, to the overseas visa issuers and, according to the requirements of the overseas visa issuers, undergo relevant procedures and receive interview.

Article 19 Where a foreign national applying for a visa is required to provide a letter of invitation issued by an entity or individual within the territory of China, the applicant shall provide it according to the requirements of the overseas visa issuer. The entity or individual issuing the letter of invitation shall be responsible for the veracity of the content of invitation.

Article 20 Foreign nationals, who need to enter China urgently for humanitarian reasons, who are invited to enter China for urgent business affairs or urgent engineering repair or who enter China as required for other urgencies and hold certifications on the consent of relevant competent departments to application for visa at ports of entry, may, at the ports of entry approved by the State Council to issue port visas, apply for a port visa to the port visa offices as authorized by the Ministry of Public Security (hereinafter referred to as the “port visa issuers”).

Travel agencies which organize inbound tourism according to the relevant state provisions may apply for a group tourist visa to the port visa issuers.

Foreign nationals who apply for a visa to the port visa issuers shall present their own passports or other international travel credentials, as well as documentation on cause of application, undergo relevant procedures according to the requirements of the port visa issuers, and enter China at the ports of entry where they apply for a visa.

Visas issued by the port visa issuers shall be valid for one entry only, and the period of stay as stated on the visa shall not exceed 30 days.

Article 21 Under any of the following circumstances, no visa shall be issued to a foreign national:

(1) The foreign national has been deported as sentenced or repatriated as decided and the period of prohibition from entering China has not expired;

(2) The foreign national has serious mental disorder, infectious pulmonary tuberculosis or any other infectious disease that may cause serious damage to the public health;

(3) The foreign national may compromise the national security and interest of China, disrupt the public order, or commit other violations of law or criminal offences;

(4) The foreign national makes falsification in the process of visa application or is unable to prove sufficient funds to cover all necessary expenses for his or her period of stay within China;

(5) The foreign national is unable to present relevant documentation as required by the visa issuer; or

(6) Other circumstances under which the visa issuer deems it improper to issue a visa.

Visa issuers need not explain the reasons for their refusal to issue a visa.

Article 22 Under any of the following circumstances, a foreign national may be exempt from a visa:

(1) The foreign national is a person exempt from a visa under a visa exemption agreement signed by the Government of China and the government of another country;

(2) The foreign national holds a valid residence permit for foreign nationals;

(3) The foreign national transits through China to a third country or region with a conjunction ticket by an internationally traveling aircraft, vessel or train and stays within China for not more than 24 hours without leaving the port of entry or stays in a designated area as approved by the State Council without exceeding the prescribed period of stay; or

(4) Other circumstances as set out by the State Council under which the foreign national may be exempt from a visa.

Article 23 Under any of the following circumstances, foreign nationals who need to enter China temporarily shall apply for temporary entry to the exit-entry border inspection authorities:

(1) Foreign seamen and their accompanying family members need to land the city where the harbor is located;

(2) The persons as described in Article 22(3) of this Law need to leave the port of entry; or

(3) The foreign nationals need to enter China temporarily for any force majeure or other urgencies.

The period of temporary entry into China shall not exceed 15 days.

For foreign nationals who apply for temporary entry, the exit-entry border inspection authorities may require them personally, the persons in charge of conveyances carrying them into China or the agencies conducting the business of exit and entry of conveyances to provide necessary assurance.

Section 2 Entry and Exit

Article 24 To enter China, foreign nationals shall present their own passports or other international travel credentials and visas or other entry permits to the exit-entry border inspection authorities for verification and comply with the prescribed procedures and may enter China only after being permitted to do so on upon verification.

Article 25 Under any of the following circumstances, a foreign national shall be prohibited from entering China:

(1) The foreign national does not hold any valid exit-entry credentials or refuses or evades border inspection;

(2) The foreign national falls under any of the circumstances as described in Article 21.1(1) to (4) of this Law;

(3) The foreign national may, after entering China, engage in any activity not in compliance with the type of visa held; or

(4) Other circumstances as set out by laws and administrative regulations under which the foreign national is prohibited from entering China.

The exit-entry border inspection authorities need not explain the reasons for prohibiting a foreign national from entering China.

Article 26 For foreign nationals who are not allowed to enter China, the exit-entry border inspection authorities shall order them to return; and those refusing to return shall be returned compulsorily. During the period of waiting for return, foreign nationals shall not leave the designated area.

Article 27 To exit China, foreign nationals shall present their own passports or other international travel credentials and other exit-entry credentials to the exit-entry border inspection authorities for verification and comply with the prescribed procedures and may exit China only after being permitted to do so on upon verification.

Article 28 Under any of the following circumstances, a foreign national shall be prohibited from exiting China:

(1) The foreign national has not finished serving a criminal sentence or is the accused or a suspect in a criminal case, except for the transfer of sentenced persons under a relevant agreement between China and a foreign country;

(2) The foreign national is prohibited from exiting China as decided by a people's court for involvement in a pending civil case;

(3) The foreign national defaults in paying labor remuneration to workers and is prohibited from exiting China as decided by the relevant department of the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government; or

(4) Other circumstances as set out by laws and administrative regulations under which the foreign national is prohibited from exiting China.

Chapter IV Stay and Residence of Foreign Nationals

Section 1 Stay and Residence

Article 29 Where the period of stay as stated on a visa held by a foreign national is not more than 180 days, the visa holder shall stay in China on the basis of the visa and according to the period of stay as stated on the visa.

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