?(Approved by the State Council on December 3, 1986, and
Promulgated by the Ministry of Public Security and the Ministry of
Foreign Affairs on December 27, 1986) These Rules are formulated in
accordance with the stipulations in Article 33 of The Law of the
People's Republic of China on Control of the Entry and Exit of
Aliens (hereinafter referred to as The Law on Control of the Entry
and Exit of Aliens)
Chapter I
Entry into the Country
Article 1 For entry into China, aliens shall apply for visas
from Chinese diplomatic missions, consular posts or other resident
agencies abroad authorized by the Ministry of Foreign Affairs.
Aliens who hold ordinary passports issued by countries which have
diplomatic relations or official trade links with China as well as
letter(s) or telegram(s) from authorized units in China, may, under
any of the following circumstances where they must necessarily rush
to China but have no time for visa application to the aforesaid
agencies, apply to the visa-granting departments at entry ports as
authorized by the Ministry of Public Security:(1) they are invited
at the last moment by a Chinese host to come to China for a trade
fair;(2)they are invited to come to China to submit a tender or to
sign a formal economic or trade contract;(3) they come to China by
appointment to supervise the inspection of import and export
commodities or to participate in a check-and-accept operation in
accordance with contracts;(4) they are invited to participate in
the installation of equipment or in the emergency repair of
engineering projects;(5) they come to China at the request of the
Chinese side to solve a problem of claims;(6) they are invited to
come to provide technical advisory services;(7) they come to China
due to a last-minute change in the composition of a visiting group
and with consent of the Chinese side after the visas are
granted;(8) they come to China to seepatients in critical
conditions, or to undertake funeral matters;(9) owing to force
majeure, transit visa holders cannot leave the country within
twenty-four hours by taking the original place or by takingother
means of transport;(10) other invited guests who really have no
time for visa application to the aforesaid China's resident
agencies abroad, and who hold letter(s) or telegram(s) from
competent authorities who give the consent for the invited guests
to apply for the visa at the designated entry ports. The
visa-granting agencies at entry ports shall not accept and handle
visa applications filled out by people who do not come under the
aforesaid circumstances.
Article 2 Visa-issuing departments at port of entry, as
authorized by the Ministry of Public Security, are stationed at the
following ports: Beijing, Shanghai, Tianjin, Dalian, Fuzhou,
Xiamen, Xi'an, Guilin, Hangzhou,Kunming, Guangzhou(Baiyun Airport),
Shenzhen (Luohu, Shekou), Zhuhai(Gongbei)
Article 3 Different categories of visa, such as diplomatic visa,
courtesy visa, service visa, and ordinary visa, shall be issued to
different aliens in accordance with the different capacities in
which they visit China and also with the different categories of
passport they hold.
Article 4 In accordance with aliens' reasons for coming to
China, the ordinary visas to be issued to them shall be marked with
the following Chinese pinyin letters:(1) the letter "D" is marked
on a visa issued to a person who comes for permanent residence in
China;(2) the letter "Z" is marked on a visa issued to a person who
comes to China for a post or employment, and also to this person's
accompanying family members;(3) the Letter "X" is marked on a visa
issued to a person who comes to China to study, to engage in
advanced studies, or to do fieldwork, for a period of more than 6
months;(4) the letter "F" is marked on a visa issued to a person
who is invited to come to China for a visit, for investigations,
for giving lectures, for doing business, for carrying out
scientific, technical and cultural exchanges, for pursuing
short-term advanced studies or for doing short-term field work:
these activities shall not exceed 6 months;(5) the letter "L" is
marked on a visa issued to a person who comes to China for
sightseeing, for visiting relatives, or for private matters; a
group visa shall be issued to a China-bound tourist group of nine
members or more;(6) the letter "G" is marked on a visa issued to a
transit traveler; (7) the letter "C" is marked on a visa issued to
a crew member performing his/her duties on board an international
train, or on an international airliner, to a sailor on board an
international ocean-liner or freighter, and also to their
accompanying family members.
Article 5 An alien, who is applying for a visa, shall answer the
questions put to him/her and go through the following
procedures:(1) to present a valid passport or other certificate(s)
that can be used in place of a passport;(2) to fill in a visa
application form, and hand in recent frontal hatless half-length
passport-size photos of the applicant;(3) to present, for
examination, documents of certification pertaining to the reasons)
for entry or transit application.
Article 6 The documents of certification as mentioned in Item
(3) Article 5 of these Regulations, refer to:(1)those applying for
the visa marked with "D" shall hold status-of-residence
identification forms. To obtain such a form, the applicant may
apply, or do so through his/her relatives in China, to the
entry-exit controlling department under the public security bureau
of the city or county where the applicant is to reside;(2) those
applying for the visa marked with "Z" shall hold documents of
certification issued by a Chinese unit indicating the engagement or
employment, or hold letter(s) or telegram(s) sent by an authorized
unit;(3) those applying for the visa marked with "X" shall hold
documents of certification issued by a host institution or by a
competent department; (4)those applying for the visa marked with
"F" shall hold letter(s)or telegram(s) sent by an authorized
unit;(5) those applying for the visa marked with "L", who come to
China as tourists, shall hold certifying documents for reception
issued by a Chinese tourist department;(6) those applying for the
visa marked with "G" shall hold a valid visa issued by the country
(or region) the applicant is going to. Only a through-ticket holder
is exempt from the procedures for such visa application;(7) those
applying for the visa marked with "C" shall produce relevant
certificates according to agreement. Aliens who come to reside in
China or to stay in China for more than one year shall, when
applying for an entry visa, produce for examination a health
certificate issued by a health department designated by the country
the applicant resides in, or issued by a health department and
attested by a notary office. The health certificate shall remain
valid within a period of 6 months of its issuance.
Article 7 Aliens belonging to any of the following categories
shall not be permitted to enter China:(1) deportees by the Chinese
government whose terms of deportation have not yet expired;(2)
those who are considered prone, after entering the country, to
terrorist or subversive activities or violence;(3) those who are
considered prone, after entering the country, to smuggling,
prostitution, or drug trafficking;(4) those who suffer from mental
diseases, or leprosy, AIDS, venereal diseases, open tuberculosis
and such infectious diseases;(5) those who lack the means to
support themselves financially while staying in China;(6) those who
are considered prone, after entering the country, to other
activities that may jeopardize the country's security and
interests.
Article 8 Aliens may be exempt from going through the procedures
for obtaining a transit visa if they hold a through ticket and have
booked seats on international airliners flying directly through
China, and will stay in a transit city for less than 24 hours
without leaving the airport; aliens who wish to leave the airport
shall apply to the border inspection office for permission to
stay.
Article 9 During the period of time when an international
ocean-going vessel casts anchor at a port in China, foreign
crewmembers and their accompanying family members who wish to come
on land but do not leave the seaport city shall apply to the border
inspection office for landing certificates; those who wish to spend
the night on land shall apply for lodging certificates. Those who
wish, with justification, to go to places beyond the limits of a
seaport city, or are unable to leave the country on board the
original ship, shall apply to the local public security bureau for
proper visas.?
Chapter II
Inspection of the Entry-Exit Certificates
Article 10 Aliens, upon arrival at a port, shall present to the
border inspection office for examination their valid passports with
visas and relevant certificates issued by the Chinese government,
and fill in entry-exit cards; they may enter the country after the
border inspection office has examined, approved, and stamped their
certificates.
Article 11 Upon arrival of a foreign aircraft or a vessel at a
port in China, the persons in charge shall have the following
responsibilities:(1) the aircraft commander, the captain or the
agent must submit to the border inspection office a name list of
the crew members, and a name list of the passengers;(2) if the
aircraft or vessel happens to carry persons who attempt to cross
the borders illegally, the case must be reported as soon as it is
discovered, to the border inspection office for disposition;(3)
with regard to the persons who are forbidden to enter the country,
the persons in charge must assume the responsibility to take such
persons away by means of the original aircraft or vessel; with
respect to persons who are unable to leave the country immediately
owing to force majeure, the persons in charge shall be responsible
for paying such persons' living costs during their stay in China,
and also for paying their traveling costs when they leave the
country.
Article 12 The border inspection office shall have the right to
forbid aliens belonging to any of the following categories to enter
or leave the country:(1) holders of invalid passports, certificates
or visas;(2) holders of forged or altered or other person's
passports and certificates;(3)those who refuse to present their
certificates for examination;(4) those whose entry into or exit
from the country are not permitted, as notified by the Ministry of
Public Security or by the Ministry of State Security.
Article 13 Aliens, on leaving the country, shall present, for
examination, their valid passports or other valid certificates, and
their visas authorizing their stay in China or residence
permit.
Article 14 Aliens and foreign-owned means of transport whose
transit ports have been designated by the visa-granting department
must enter or leave the country by the designated ports.
Article 15 With respect to those aliens who are
forbidden to enter the country, as stipulated in Article12 of these
Rules, in the event that they are unable to return by the original
means of transport, the border inspection office may take necessary
measures to restrict their bounds of activities, and give orders
for them to leave the country by the next earliest means of
transport.
?
Chapter III
Residence
Article 16 Aliens who hold the visas marked with "D", "Z" and
"X" must, within10 days of entry, go through the procedures for
obtaining the residence permit for aliens or temporary residence
permit for aliens. The term of validity of the aforesaid residence
permit shall be the time limit of the authorized stay in China for
the permit holder. The residence permit for aliens shall be issued
to those who will stay in China for a period of more than one year.
The temporary residence permit for aliens shall be issued to those
who will stay in China for a period of less than one year. Aliens
who hold visas marked with "F", "L", "G" and "C" may stay in China
within the time limit as their visas indicate, without the
necessity to obtain residence permits.
Article 17 Aliens who apply for the residence permit shall
answer all the questions put to them and go through the following
formalities:(1) to present, for examination, their passports,
visas, and certificates pertaining to their residence;(2) to fill
in the residence application form;(3) applicants for the residence
permit for aliens shall present, for examination, their health
certificates together with recent frontal hatless half-length
passport-size photos.
Article 18 The term of validity of the residence permit for
aliens may last from one year to five years, as shall be decided by
the municipal or county public security bureau in accordance with
reasons of aliens for staying in China. To aliens who conform to
the stipulations of Article 14 of The Law on Control of the Entry
and Exit of Aliens, the public security organ may grant a 1-5-Year
long-term residence permit; to aliens of outstanding
accomplishments a permanent residence permit may be granted.
Article 19 Aliens exempt from the visa-obtaining procedures in
accordance with an agreement signed by the Chinese government and
the government of a foreign country, shall, after entry, apply for
the residence permit in accordance with the stipulations in Article
16 and Article 17 of these Rules, if they will stay in China for a
period of more than 30 days. However, the provisions of the
preceding paragraph shall not apply to the aliens as stipulated in
Article 34 of The Law on Control of The Entry and Exit of
Aliens.
Article 20 An alien who wishes to continue to stay or reside in
China when the term of validity of his/her visa or residence permit
expires shall, before the expiration, apply for an extension. In
the event that an alien, while staying in China, has been found to
suffer any of the diseases as specified in Item 4 of Article 7 of
these Rules, China's competent public health department may suggest
to the public security organ that the alien in question be notified
to leave the country before the term of his/her stay expires.
Article 21 If any change is to be made in entries (name,
nationality, profession or status, work unit, residence, passport
number, accompanying children, etc.) of the residence permit for
aliens, the permit holder shall, within10 days, go through the
registration procedures for the change at the public security
bureau stationed at the locality of their residence.
Article 22 In the event that holders of the residence permit for
aliens wish to move out of the city or county where they reside,
they shall, before they move, go through the removal registration
at the public security bureau stationed at the locality of their
original residence. After moving into the new locality, they shall
go through the moving-in registration procedures within 10 days at
the public security bureau stationed at the new locality. Resident
aliens who wish to apply for moving their homes shall first apply
to the public security bureau stationed at the target locality for
a permit and then with this permit go through the removal
registration procedures in accordance with the stipulations of the
preceding paragraph.
Article 23 Out of the consideration for safeguarding state
security, maintaining social order, and protecting other public
interests, the municipal or county public security bureau may
impose restrictions on the establishment of residences or business
offices in certain are as by aliens or by foreign institutions;
foreign-owned residences or business offices already established in
the aforesaid areas under restrictions must move to the designated
areas within the time specified in the notice of removal issued by
the municipal or county public security bureau.
Article 24 Aliens residing in China must, once a year at the
designated time, present their residence permit for aliens to the
local public security bureau for examination. The public security
bureau may, at a time it deems necessary, notify an alien to
present his/her residence permit for aliens to the entry-exit
control department for examination; and the alien shall do this
accordingly at the time specified in the notice.
Article 25 Aliens who reside or stay in China and are 16 years
of age or older must carry their residence permits or passports on
them for examination by the police of foreign affairs when the
occasion requires.
Article 26 As regards a foreign baby born in China, the baby's
parents or agent shall, within one month of the baby's birth,
submit a report together with the baby's birth certificate to the
local public security bureau and go through the registration
procedures.
Article 27 In the event that an alien dies in China, his/her
family members or guardian or agent shall, within 3 days of the
death, submit a report together with the death certificate of the
deceased to the local public security bureau, and present, for
cancellation, the residence permit or visa of the deceased. With
respect to cases of aliens' accidental death, the persons concerned
or the discoverers must report the cases immediately to the public
security organ.
Article 28 The competent authorities of the Chinese Government,
mentioned in Article19 of the Law on Control of the Entry and Exit
of Aliens, refers to the Ministry of Labor and Personnel of the
People's Republic of China.?
Chapter IV
Registration for Lodging
Article 29 Aliens who stay at such enterprises or institutions
as guest houses, hotels, inns, hostels, and schools, or at
government departments, public organizations and other Chinese
institutions shall produce their valid passports or residence
permits, and fill in the temporary lodging form. If they
accommodate in an area not open to aliens, they shall also produce
their travel certificates.
Article 30 In the event that an alien accommodates at the house
of a Chinese resident, if the house is located in a city or a town,
the host or the alien himself shall, within 24 hours of the
lodger's arrival submit a report to the local public security organ
together with the lodger's passport and other certificates and the
host's residence booklet, and fill in the temporary lodging
registration form; if the host's house is located in the
countryside, the report shall be submitted to the local police
station or to the household registration office within 72
hours.
Article 31 In the event that an alien accommodates at a resident
foreign institution in China or at the house of another alien
living in China, the host institution, the host or the lodger
himself shall, within 24hours of the lodger's arrival submit a
report to the local public security organ together with the
lodger's passport or residence permit, and fill in the temporary
lodging registration form.
Article 32 Aliens with permanent residence in China shall submit
a report and go through the registration procedures in accordance
with the stipulations in Article 29, Article 30 and of these Rules
if they wish to leave their lodgings and accommodate temporarily in
other places.
Article 33 Aliens who accommodate in mobile
lodgings shall submit a report to the local public security organ
within 24 hours. Institutions or individuals that provide space for
the mobile lodgings or aliens shall 24 hours in advance submit a
report to the local public security organ.
?
Chapter V
Travels
Article 34 Aliens who wish to travel in cities and counties that
are not open to aliens shall apply in advance to the bureau of
public security of the municipality or county where they reside for
a travel permit, and they can start for their destination only
after they have obtained permission. To apply for a travel permit,
aliens shall go through the following procedures:(1) to produce for
examination their passports or residence permits;(2) to submit
certificates relating to the travel;(3) to fill in the travel
application form.
Article 35 The longest term of validity of the travel permit for
an alien shall be one year, provided that it shall not exceed the
term of validity of his/her visa or residence permit.
Article 36 In the event that aliens who have already obtained
their travel permits wish to extend the term of validity of their
travel permits, to visit additional places that are not open to
aliens, and to increase the number of persons accompanying them,
they must apply to the public security organ for the extension or
change.
Article 37 Without permission, no aliens shall be
permitted to enter places not open to aliens.
?
Chapter VI
Exit from the Country
Article 38 Aliens shall leave the country within the time limit
specified in their visas, or within the term of validity of their
residence permits.
Article 39 Holders of residence permits for aliens shall, before
leaving the country, apply to the local public security organ in
accordance with the pertinent stipulations in Article 5 and Article
6 of these Rules, for obtaining there entry visas if they wish,
within the term of validity of their residence permits, to leave
and then return to China. Holders of residence permits for aliens
shall, upon leaving China, present to the border inspection office
their residence permits for cancellation if they will not return to
the country.?
Chapter VII
Penalties
Article 40 An alien who has entered China's territory illegally
may be punished with a fine of 500 yuan to 2,000 yuan, or held in
detention for 3 to 10 days, or may concurrently be ordered to leave
the country within a specified period of time, or deported from the
country; if the case is so serious as to constitute a crime,
criminal responsibility shall be investigated according to law.
Article 41 Persons in charge of the means of transport, or their
agents who, in violation of the stipulations in Article 11 of these
Rules, refuse to bear responsibilities may be punished with a fine
of 500 yuan to 2,000 yuan or be held in detention for 3 to 10
days.
Article 42 Aliens who, in violation of the stipulations in
Articles 16, 19,20,21,22 and 23 of these Rules, stay in China
illegally, or who violate the stipulations concerning residential
administration, may be given a warning, or punished with a fine of
100 yuan to 500 yuan, or be held in detention for1 to 3 days; if
the case is serious, the offender shall be ordered concurrently to
leave the country within a specified period of time.
Article 43 An alien who, in violation of the stipulations in
Article 24 and Article25 of these Rules, fails to present the
residence permit, as required, for examination, or fails to carry
the passport or residence permit on him/her, or refuses to produce
his/her certificate for examination, may be given a warning, or
punished with a fine of 20 yuan to 50 yuan; if the case is serious,
the offender may concurrently be ordered to leave the country
within a specified period of time.
Article 44 Aliens who have obtained a post without the approval
of the Ministry of Labor and Personnel of the People's Republic of
China, upon termination of their post or employment, may be
punished with a fine of 200 yuan to 1,000 yuan; if the case is
serious, the offender shall concurrently be ordered to leave the
country within a specified period of time.
Article 45 Anyone who is held responsible for, in violation of
the stipulations in
Chapter IV of these Rules, the failure to go through the
registration procedures for getting accommodation, or to submit a
report to the public security organ for lodging registration, or
for providing accommodation to an alien who does not hold valid
certificates, may be given a warning, or punished with a fine of 10
yuan to 50 yuan.
Article 46 Aliens who, in violation of the stipulations in
Articles 34, 36 and 37of these Rules, make a tour to an area not
open to aliens without approval, may be given a warning, or
punished with a fine of 30 yuan to 100 yuan; if the case is
serious, the offender shall concurrently be ordered to leave the
country within a specified period of time.
Article 47 Aliens who have forged, or altered, or used other
than their own, or transferred to others the possession of, visas
and certificates may, in addition to the revocation or confiscation
of the original visas and certificates, be punished with a fine of
500 yuan to 2,000 yuan, or held in detention for 3 to 10days; and
may also concurrently be ordered to leave the country within a
specified period of time. If the case is so serious as to
constitute a crime, criminal responsibility shall be investigated
according to law.
Article 48 Those who violate The Law on Control of the Entry and
Exit of Aliens and these Rules due to force majeure, may be
exempted from penalty. When an alien is unable to pay a fine, the
penalty may take the form of detention.
Article 49 The penalties of imposing fines and making
detentions, as provided in this Chapter, shall also be applicable
to the persons who are held responsible for helping aliens to enter
or leave the country illegally, for causing aliens to reside or
stay in China illegally, for employing aliens who seek a post
without permission, or for facilitating aliens without valid travel
certificates in their entry into areas not open to aliens.
Article 50 Persons who are punished do not accept the penalty of
a fine or detention imposed by the public security organ may,
within 15 days of receiving the notice, appeal, through the
original organ that made the decision on punishment or directly to
a public security organ at a higher level, which shall, within 3
days of receiving the appeal, make a final decision. Persons who
are punished may bring a suit directly to the local people's
court.
Article 51 The penalties as stipulated in this Chapter shall be
executed by the public security organ.?
Chapter VIII Other
Provisions
Article 52 Aliens who wish to apply for an extension of or a
change in various types of visa and certificate shall go through
the following procedures:(1) to present for examination their
passports and visas and other certificates;(2) to fill in the
application form for extension or change;(3) to provide certifying
documents relating to extension or change.
Article 53 Aliens who apply for various types of visas and
certificates, or for an extension of or a change in their visas and
certificates, must pay fees for visas and certificates according to
relevant regulations. The schedule of fees for various types of
visas and certificates shall be drawn up by the Ministry of Public
Security and the Ministry of Foreign Affairs. Personnel from a
country that has signed an agreement with the Chinese government on
the fees for visas shall follow the relevant agreement.
Article 54 Foreign children under 16 years of age sharing the
same passport with their parents or guardians who come to China
with their parents or guardians need not go through the procedures
for entry, transit, residence or travel separately.
Article 55 In the event that the visas and certificates issued
by the Chinese government and held by aliens are lost or damaged,
the holders shall immediately report to the entry-exit control
department of the local public security bureau and apply for a
reissue. Aliens who have lost the residence permits for aliens
shall publish an announcement in a local newspaper to declare the
lost permits invalid.
Article 56 The format of the various types of visas,
certificates and application forms, as mentioned in these Rules,
shall be made out separately by the Ministry of Public Security and
the Ministry of Foreign Affairs.
Article 57 These Rules shall go into effect as of the date of
promulgation.
(english.gov.cn)