(Adopted at the 13th Meeting of the Standing Committee of the 6th National People’s Congress on November 22, 1985, and effective from February 1, 1986)
Chapter 1 General Provisions
Article 1 To safeguard the sovereignty of the People’s Republic of China, maintain its security and social order, and promote international exchanges, this law is enacted. This law applies to foreigners entering, exiting, transiting the borders of the People’s Republic of China, and staying or traveling within China.
Article 2 Foreigners must obtain permission from the competent Chinese authorities for entry, transit, or residence.
Article 3 Foreigners entering, exiting, or transiting must pass through open ports or other designated ports and undergo inspection by border control authorities. Foreign transportation vehicles entering, exiting, or transiting must also pass through open ports or other designated ports, and accept inspection and supervision by border control authorities.
Article 4 The Chinese government protects the legitimate rights and interests of foreigners within China. Foreigners’ personal freedom shall not be infringed. No foreigner may be arrested without the approval or decision of the People’s Procuratorate or the People’s Court, and execution by the Public Security or State Security organs.
Article 5 Foreigners within China must comply with Chinese laws and may not endanger national security, damage public interests, or disrupt social order.
Chapter 2 Entry
Article 6 Foreigners entering China must apply for a visa through Chinese diplomatic missions, consulates, or other authorized overseas agencies. In special cases, foreigners may also apply for a visa at designated ports as per the State Council’s regulations. Nationals of countries with visa agreements with the Chinese government should follow the agreement. For other countries with special entry or transit regulations for Chinese citizens, the competent Chinese authorities may take appropriate measures. Foreigners with connecting international flights who transit directly through China can stay in the airport for up to 24 hours without a visa; those wishing to temporarily leave the airport must obtain permission from border control authorities.
Article 7 Foreigners applying for various types of visas should hold a valid passport and, if necessary, provide relevant documentation.
Article 8 Foreigners invited or employed to work in China must provide proof of invitation or employment when applying for a visa.
Article 9 Foreigners applying for permanent residence in China must submit a residence identity confirmation form, which should be obtained from the local public security organ of the intended place of residence.
Article 10 The competent Chinese authorities issue corresponding visas based on the reasons for foreigners’ entry.
Article 11 When an international aircraft or vessel arrives at a Chinese port, the captain or their agent must submit a passenger list to border control authorities; foreign aircraft or vessels must also provide a crew list.
Article 12 Foreigners who are deemed to pose a threat to China’s national security or social order are not allowed entry.
Chapter 3 Residence
Article 13 Foreigners residing in China must hold identity or residence documents issued by the competent Chinese authorities. The validity of these documents is determined by the reason for entry. Foreigners residing in China should present their documents to the local public security organ within the stipulated time.
Article 14 Foreigners who need long-term or permanent residence in China for reasons such as investment, cooperation with Chinese enterprises or institutions, or other circumstances, can obtain long-term or permanent residence with approval from the competent Chinese authorities.
Article 15 Foreigners seeking asylum in China for political reasons may reside in China with approval from the competent Chinese authorities.
Article 16 Foreigners who do not comply with Chinese laws may have their stay shortened or their residence status canceled by the competent Chinese authorities.
Article 17 Foreigners temporarily staying in China must register their accommodation as required.
Article 18 Foreigners holding residence documents who change their place of residence must follow the prescribed procedures for relocation.
Article 19 Foreigners who do not have residence documents and those coming to China for study may not work in China without permission from the competent Chinese authorities.
Chapter 4 Travel
Article 20 Foreigners holding valid visas or residence documents may travel to areas in China designated as open to foreigners by the Chinese government.
Article 21 Foreigners wishing to travel to areas not open to foreigners must apply for a travel permit from the local public security organ.
Chapter 5 Exit
Article 22 Foreigners exiting China must hold a valid passport or other valid documents.
Article 23 Foreigners who fall into any of the following categories are not allowed to exit:
- Defendants in criminal cases or suspected criminals confirmed by the public security organs, People’s Procuratorate, or People’s Court;
- Individuals notified by the People’s Court with unresolved civil cases;
- Individuals with other violations of Chinese law who have not yet been dealt with, and where the authorities believe prosecution is necessary.
Article 24 Border control authorities have the right to prevent and handle the exit of foreigners in the following circumstances:
- Using invalid exit documents;
- Holding someone else’s exit documents;
- Holding forged or altered exit documents.
Chapter 6 Administrative Agencies
Article 25 The Chinese government’s overseas agencies for handling foreigners’ entry and transit applications are Chinese diplomatic missions, consulates, and other authorized overseas agencies. Domestically, the Public Security Ministry, its authorized local public security organs, and the Ministry of Foreign Affairs and its authorized local foreign affairs departments handle applications for entry, transit, residence, and travel.
Article 26 Agencies handling foreigners’ entry, transit, residence, and travel applications have the authority to refuse to issue visas or documents, revoke issued visas or documents, or declare them invalid. The Public Security Ministry and the Ministry of Foreign Affairs may alter decisions made by their respective authorized agencies if necessary.
Article 27 For illegal entry or illegal residence, public security organs at or above the county level may detain for investigation, monitor residence, or expel the foreigners.
Article 28 Public security foreign affairs police at or above the county level have the authority to check foreigners’ passports and other documents while performing their duties. During such checks, foreign affairs police must present their service certificates, and relevant organizations or individuals are obligated to cooperate.
Chapter 7 Penalties
Article 29 Violations of this law, including illegal entry, exit, illegal residence or stay within China, traveling to areas not open to foreigners without valid travel documents, forging or altering entry or exit documents, using someone else’s documents, or transferring others’ documents, will result in warnings, fines, or detention of up to ten days by public security organs at or above the county level; severe cases that constitute crimes will be subject to criminal liability. Foreigners penalized by public security organs may appeal to the higher-level public security organ within fifteen days from receipt of the notice, which will make the final decision, or may directly sue the local People’s Court.
Article 30 For severe cases of the behaviors listed in Article 29, the Ministry of Public Security may impose a deadline for exit or expulsion.
Chapter 8 Supplementary Provisions
Article 31 For the purposes of this law, “foreigners” refers to individuals who do not possess Chinese nationality as defined by the Nationality Law of the People’s Republic of China.
Article 32 Foreigners from neighboring countries living in border areas with China who temporarily enter or exit China will follow agreements if there are any; otherwise, they will follow Chinese government regulations.
Article 33 The Ministry of Public Security and the Ministry of Foreign Affairs shall formulate implementation rules based on this law and submit them to the State Council for approval.
Article 34 Foreign diplomatic and consular staff and other foreigners with diplomatic privileges and immunities are managed according to relevant State Council and competent department regulations upon entry into China.
Article 35 This law shall be implemented from February 1, 1986.
Please comply with local laws when entering China.
Author:TravelChinaBook,Please indicate the source:https://travelchinabook.com/foreigners-entry-and-exit-administration-law-of-the-peoples-republic-of-china.html
