*Implementation Rules for the Entry and Exit Administration Law of the People Republic of China for Foreigners

(Approved by the State Council on December 3, 1986, and issued by the Ministry of Public Security and the Ministry of Foreign Affairs on December 27, 1986)

In accordance with Article 33 of the “Entry and Exit Administration Law of the People’s Republic of China” (hereinafter referred to as the “Entry and Exit Administration Law”), these rules are formulated.

Chapter 1: Entry

Article 1 Foreigners entering China must apply for a visa from China’s diplomatic or consular missions or other authorized agencies abroad. Those holding ordinary passports from countries with diplomatic relations or official trade ties with China and letters from authorized entities within China, who need to enter urgently without time to apply for a visa from the aforementioned agencies, can apply for a visa at port visa offices authorized by the Ministry of Public Security under the following circumstances:

  1. Visiting China temporarily to attend a trade fair upon invitation from the Chinese side;
  2. Coming to China to bid or sign formal economic or trade contracts upon invitation;
  3. Arriving in China to inspect import and export goods or to participate in acceptance tests according to contracts;
  4. Coming to China to install equipment or conduct emergency repairs upon invitation;
  5. Arriving in China to resolve compensation issues upon request from the Chinese side;
  6. Providing technical consultation in China upon invitation;
  7. Entering China temporarily;
  8. Visiting critically ill patients or handling funeral affairs;
  9. Persons with transit visas unable to depart from their original point or by other means within 24 hours due to force majeure;
  10. Other invited guests who are unable to apply for a visa from the aforementioned Chinese missions abroad and hold letters from competent authorities authorizing visa issuance at the designated port.

Visa applications not falling into the above categories will not be accepted by the port visa offices.

Article 2 With approval from the Ministry of Public Security, visa offices are set up at the following ports: Beijing, Shanghai, Tianjin, Dalian, Fuzhou, Xiamen, Xi’an, Guilin, Hangzhou, Kunming, Guangzhou (Baiyun Airport), Shenzhen (Luohu, Shekou), and Zhuhai (Gongbei).

Article 3 Based on the foreigner’s identity and type of passport, visas are categorized into diplomatic, courtesy, official, and ordinary visas.

Article 4 Ordinary visas issued to foreigners will have the following Chinese pinyin letters indicating the purpose of the visit:

  1. “D” for those coming for permanent residence;
  2. “Z” for those coming for employment or official positions and their accompanying family members;
  3. “X” for those coming for study, advanced studies, or internships lasting more than six months;
  4. “F” for those invited for visits, inspections, lectures, business, scientific and cultural exchanges, short-term studies, or internships not exceeding six months;
  5. “L” for those coming for employment;
  6. Group visas for tourism, visiting relatives, or private affairs;
  7. Transit visas for transit passengers;
  8. “C” for international train crew, international flight crew, international ocean-going ship and cargo ship crew, and their accompanying family members.

Article 5 Foreigners applying for a visa must respond to inquiries and complete the following procedures:

  1. Submit a valid passport or equivalent document;
  2. Fill out the visa application form and provide a recent passport-style photo;
  3. Present proof of the reason for entry or transit.

Article 6 Proof materials referred to in Article 5, item 3, are as follows:

  1. For “D” visa applications, a residence status confirmation form issued by the entry-exit management department of the local city or county public security bureau;
  2. For “Z” visa applications, a proof or letter from the employing or authorized unit in China;
  3. For “X” visa applications, proof from the receiving school or competent authority;
  4. For “F” visa applications, a letter from the authorized unit;
  5. For “L” visa applications, a reception certificate from the Chinese tourism department for tourism purposes;
  6. For “G” visa applications, a valid visa to the destination country (region); those holding a continuous flight ticket are exempt;
  7. For “C” visa applications, relevant proof as per the agreement. Foreigners staying in China for more than one year must provide a health certificate issued by the designated health department of their home country or notarized by a notarial agency. The health certificate is valid for six months from the date of issuance.

Article 7 Foreigners with any of the following circumstances are not allowed entry:

  1. Those expelled by the Chinese government and not yet past the expulsion period;
  2. Those deemed likely to engage in terrorist, subversive, or violent activities after entry;
  3. Those deemed likely to engage in smuggling, prostitution, or drug trafficking after entry;
  4. Those suffering from mental illness, leprosy, AIDS, sexually transmitted diseases, open tuberculosis, etc.;
  5. Those unable to support themselves during their stay in China;
  6. Those deemed likely to engage in other activities harmful to national security and interests.

Article 8 Foreigners with continuous flight tickets and reserved seats on direct international flights to China, who stay in the transit city for no more than 24 hours and do not leave the airport, are exempt from visa requirements. If they need to leave the airport, they must apply for a stay permit from the border inspection station.

Article 9 During the stay of international vessels at Chinese ports, foreign crew members and their accompanying family members who need to disembark but remain in the port city must apply for disembarkation documents from the border inspection authorities. If they need to stay overnight on land, they must apply for accommodation documents. If they need to travel outside the port city or cannot leave on the original vessel, they must apply for a visa from the local public security bureau.

Chapter 2: Inspection of Entry and Exit Documents

Article 10 Foreigners arriving at a port must present their valid passport, visa, and related documents to the border inspection station and complete an entry-exit card. They may enter only after approval and stamping by the border inspection station.

Article 11 When foreign aircraft or vessels arrive at Chinese ports, the responsible person must:

  1. Submit the crew list and passenger list to the border inspection authorities;
  2. Report immediately to the border inspection authorities if there are persons attempting to illegally cross the border;
  3. Take responsibility for removing persons prohibited from entry from the original aircraft or vessel; if immediate departure is not possible due to force majeure, the responsible person must cover the costs of living and transportation during their stay in China.

Article 12 Border inspection authorities have the right to prohibit entry or exit in the following situations:

  1. Holding invalid passports, documents, or visas;
  2. Holding forged, altered, or other persons’ passports or documents;
  3. Refusing to present documents;
  4. Prohibited from entry or exit by notice from the Ministry of Public Security or the Ministry of State Security.

Article 13 Foreigners leaving China must present their valid passport or other documents and the visa or residence permit that allowed their stay in China.

Article 14 Foreigners and foreign transport vehicles must enter and exit through designated ports specified by the visa authorities.

Article 15 For foreigners prohibited from entry under Article 12 of these rules, if they cannot return on the original means of transport, the border inspection authorities may take necessary measures to restrict their activities and order them to leave on the next transport.

Chapter 3: Residence

Article 16 Foreigners holding “D”, “Z”, or “X” visas must apply for a residence permit or temporary residence permit within 10 days of entry. The validity period of these permits corresponds to the period authorized for their stay in China. Foreigners staying in China for more than one year will receive a residence permit, while those staying for less than one year will receive a temporary residence permit. Foreigners with “F”, “L”, “G”, or “C” visas can stay in China within the visa’s validity period without needing a residence permit.

Article 17 Foreigners applying for a residence permit must answer all inquiries and complete the following procedures:

  1. Present passport, visa, and residence documents;
  2. Fill out the residence application form;
  3. For residence permit applications, also present a health certificate and a recent passport-style photo.

Article 18 The validity period of a foreign residence permit is from 1 to 5 years, determined by the city or county public security bureau based on the reason for residence in China. Foreigners meeting the criteria of Article 14 of the Entry and Exit Administration Law may be issued long-term residence permits valid for 1 to 5 years. Outstanding foreigners may be granted permanent residence permits.

Article 19 Foreigners from countries with visa exemption agreements with the Chinese government must apply for residence permits in accordance with Articles 16 and 17 of these rules if their stay exceeds 30 days. However, foreigners specified in Article 34 of the Entry and Exit Administration Law are not subject to this rule.

Article 20 Foreigners whose visa or residence permit expires and who wish to continue staying or residing in China must apply for an extension before the expiration date. If a foreigner is found to have a disease listed in Article 7, item 4 of these rules during their stay in China, the Chinese health authorities may advise the public security authorities to notify the foreigner to leave China before the end of their stay.

Article 21 If there are changes in the information (name, nationality, occupation or status, workplace, residence, passport number, accompanying children, etc.) on the foreigner’s residence permit, they must apply for an update at the local public security bureau.

Article 22 Foreigners residing in China must abide by the local laws and regulations and may not engage in activities outside their authorized scope or seek employment without permission.

Article 23 Foreigners staying in China for more than 90 days must register their residence with the local public security bureau within 24 hours. Those staying in hotels or inns are registered by the hotel or inn. Those staying in private residences must register with the host.

Chapter 4: Exit

Article 24 Foreigners wishing to leave China must present their valid passport, visa, and related documents to the border inspection authorities and complete an exit card. They may exit only after approval and stamping by the border inspection authorities.

Article 25 Foreigners seeking to extend their stay or change their exit method must apply to the local public security bureau.

Article 26 Foreigners whose visa or residence permit expires must apply to extend their stay with the local public security bureau. Those who leave China after the visa or residence permit expires will be treated according to the relevant provisions for those who overstay their permitted period.

Chapter 5: Supplementary Provisions

Article 27 If there are any issues or discrepancies with the implementation of these rules, they should be handled according to the “Entry and Exit Administration Law of the People’s Republic of China” and other relevant laws and regulations.

Article 28 The Ministry of Public Security is responsible for interpreting these rules.

Article 29 These rules come into effect on January 1, 1987.

Author:TravelChinaBook,Please indicate the source:https://travelchinabook.com/implementation-rules-for-the-entry-and-exit-administration-law-of-the-peoples-republic-of-china-for-foreigners.html

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