Regulation of China on the Administration of the Entry and Exit of Foreign Nationals

 2018-07-18  89


· Document Number:Order No. 637 of the State Council of the People’s Republic of China

· Area of Law: Foreign Affairs

· Level of Authority: Administrative Regulations

· Date issued:07-12-2013

· Effective Date:09-01-2013

· Status: Effective

· Issuing Authority: State Council

 

Order of the State Council of the People's Republic of China
(No. 637)
Regulation of China on the Administration of the Entry and Exit of Foreign Nationals, as adopted at the 15th executive meeting of the State Council on July 3, 2013, is hereby issued, and shall come into force on September 1, 2013.
Premier Li Keqiang
July 12, 2013
Regulation of the People's Republic of China on the Administration of the Entry and Exit of Foreign Nationals
Chapter I General Provisions
Article 1 To regulate the issuance of visas and the service for and management of foreign nationals' stay or residence in China, this Regulation is made pursuant to the Exit-Entry Administration Law of the People's Republic of China (hereinafter referred to as “the Exit-Entry Administration Law”).
Article 2 The state shall establish a coordination mechanism for the service for and administration of the exit and entry of foreign nationals to strengthen overall planning, coordination and cooperation in the service for and administration of the exit and entry of foreign nationals.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish coordination mechanisms for the service for and administration of the exit and entry of foreign nationals in light of their needs to strengthen information exchange, coordination and cooperation and conduct well the service for and administration of the exit and entry of foreign nationals within their respective administrative regions.
Article 3 The Ministry of Public Security shall, together with the relevant departments of the State Council, establish an information platform for the service for and administration of the exit and entry of foreign nationals to realize the sharing of the relevant information.
Article 4 In the administration of the issuance of visas and the administration of foreign nationals' stay and residence in China, the Ministry of Foreign Affairs, the Ministry of Public Security and other relevant departments of the State Council shall, at their portal websites, places where they accept applications for exit-entry permits and other relevant sites, provide laws and regulations governing the exit and entry of foreign nationals and other information foreign nationals need to know.
Chapter II Type and Issuance of Visa
Article 5 The scope and measures for issuing of diplomatic, courtesy and service visas shall be determined by the Ministry of Foreign Affairs.
Article 6 Ordinary visas include the following types, and are marked with corresponding Chinese phonetic letters:
(1) C visa is issued to crewmembers performing duties on board of international trains, airliners or vessels, accompanying family members of vessel crews, and drivers of international road transport vehicles.
(2) D visa is issued to foreign nationals who come to reside permanently in China.
(3) F visa is issued to foreign nationals who are invited to China for exchange activities, visits or investigations.
(4) G visa is issued to foreign nationals transiting China.
(5) J1 visa is issued to foreign nationals who come to China as resident correspondents of foreign countries' resident news agencies in China, while J2 visa is issued to foreign correspondents who come to China for covering special events in a short term.
(6) L visa is issued to foreign nationals who come to China for sightseeing; a group visa may be issued to a group of foreign nationals on a sightseeing trip to China.
(7) M visa is issued to foreign nationals who come to China for business or trading activities.
(8) Q1 visa is issued on the ground of family reunion to family members of Chinese citizens residing in China and family members of foreign nationals with permanent resident status in China, as well as to people who need to stay in China for reasons such as foster care, while Q2 visa is issued to people who intend to pay a short visit to their relatives in China who are Chinese citizens residing in China or foreign nationals with permanent resident status in China.
(9) R visa is issued to foreign professionals who are highly skilled or whose skills are imperatively needed by China.
(10) S1 visa is issued to spouses, parents, underage children and parents-in-law of foreign nationals who reside in China for reasons such as work and study, who come to China for long-term visits to relatives, as well as people who need to reside in China for other private affairs, while S2 visa is issued to family members of foreign nationals who stay or reside in China for reasons such as work and study, who come to China for short-term visits to relatives, as well as people who need to stay in China for other private affairs.
(11) X1 visa is issued to foreign nationals who come to China for long-term study, while X2 visa is issued to foreign nationals who come to China for short-term study.
(12) Z visa is issued to foreign nationals who come to China for employment.
Article 7 To apply for a visa, a foreign national shall fill out an application form and submit his/her passport or any other international travel document, a photo that meets the prescribed requirements, and materials about the purpose of application:
(1) To apply for a C visa, a guarantee letter issued by a foreign transport company or an invitation letter issued by a relevant entity inside China shall be submitted.
(2) To apply for a D visa, a confirmation form on the permanent resident status of foreign nationals as issued by the Ministry of Public Security shall be submitted.
(3) To apply for an F visa, an invitation letter issued by the host institution in China shall be submitted.
(4) To apply for a G visa, connecting airline (bus or train) tickets with fixed dates and seats to the destination country (region) shall be submitted.
(5) To apply for a J1 or J2 visa, it is required to handle approval formalities and submit application materials according to the relevant provisions of China governing the reporting activities of foreign countries' resident news agencies and foreign correspondents.
(6) To apply for an L visa, a travel itinerary shall be submitted as required; to enter China in a sightseeing group, an invitation letter issued by a travel agency shall also be submitted.
(7) To apply for an M visa, an invitation letter issued by a Chinese business or trading partner shall be submitted.
(8) To apply for a Q1 visa, if the applicant intends to reside in China for family reunion, an invitation letter issued by a Chinese citizen who resides in China or a foreign national with permanent resident status in China and a family relationship certificate shall be submitted; if the applicant intends to enter China for reasons such as foster care, a power of attorney and other relevant certificates shall be submitted; to apply for a Q2 visa, an invitation letter issued by a Chinese citizen who resides in China or a foreign national with permanent resident status in China and other relevant certificates shall be submitted.
(9) To apply for an R visa, it is required to satisfy the conditions or requirements as set forth by the competent authority of the Chinese Government for the introduction of foreign professionals who are highly skilled or whose skills are imperatively needed, and the relevant certificates shall be submitted as required.
(10) To apply for an S1 or S2 visa, an invitation letter issued by a foreign national who stays or resides in China for reasons such as work or study and a family relationship certificate, or a certificate proving the necessity to reside in China to handle private affairs shall be submitted.
(11) To apply for an X1 visa, an admission offer issued by the host institution and other relevant certificates issued by the competent authorities shall be submitted as required; to apply for an X2 visa, an admission offer issued by the host institution shall be submitted as required.
(12) To apply for a Z visa, a work permit and other relevant certificates shall be submitted as required.
Visa-issuing authorities may require foreign nationals to submit other application materials in light of the actual situations.
Article 8 Under any of the following circumstances, a foreign national shall accept an interview as requested by the relevant visa-issuing authority stationed abroad:
(1) The foreign national applies for residence in China;
(2) The foreign national's personal identity information or purpose of entry needs to be further verified;
(3) The foreign national has a record of being refused for entry or being ordered to exit within a certain time limit; or
(4) Any other circumstance under which an interview is required.
Where a visa-issuing authority stationed abroad needs to verify the relevant information with the relevant departments or entities inside China in the course of issuing visas, the said departments or entities shall be cooperative.
Article 9 Where a visa-issuing authority decides upon examination that a visa application satisfies the issuing conditions, it shall issue a visa of the corresponding category. If the applicant needs to get a residence permit after entry, the visa-issuing authority shall indicate in the visa the time limit for applying for a residence permit after entry.
Chapter III Stay and Residence Administration
Article 10 After entering China with visa, a foreign national may apply to the exit-entry administrative division of the people's government at or above the county level at his/her place of stay for issuing a new visa to replace the old one if he/she changes the purpose of stay or is given the ease of entry according to the relevant state provisions, if he/she uses a new passport, or if he/she needs to leave the group to continue staying in China due to objective causes after entry on the basis of a group visa.
Article 11 Where a foreign national's visa is lost, damaged, stolen or robbed in China, he/she shall apply to the exit-entry administrative division of the people's government at or above the county level at his/her place of stay for reissuance in a timely manner.
Article 12 To apply for the renewal, replacement or reissuance of his/her visa or for the issuance of a stay permit, a foreign national shall fill out an application form, and submit his/her passport or any other international travel document, a photo that meets the prescribed requirements and materials about the purpose of application.
Article 13 Where a foreign national's application for the renewal, replacement or reissuance of his/her visa or for the issuance of a stay permit conforms to the acceptance provisions, the exit-entry administrative division of the public security organ shall issue an acceptance notice valid not more than seven days, and make a decision of approval or disapproval within the valid period of the acceptance notice.
Where a foreign national's application formalities or materials for the renewal, replacement or reissuance of his/her visa or for the issuance of a stay permit fail to conform to the relevant provisions, the exit-entry administrative division of the public security organ shall notify the applicant of the formalities that need to be handled or the application materials that need to be supplemented or corrected at one time.
During the period when a foreign national's passport or any other international travel document is held due to being accepted for handling the abovementioned issues, he/she may legally stay in China on the basis of the acceptance notice.
Article 14 A decision on extending the duration of stay as made by the exit-entry administrative division of the public security organ is merely valid for the entry concerned, and affects neither the number of entries nor the valid period of entry, provided that the cumulative total duration of stay after extension may not exceed that endorsed on the visa.
After the duration of stay is extended, a foreign national shall stay for the original purpose and within the extended duration.
Article 15 Residence permit includes the following types:
(1) Residence permit for work is issued to a foreign national who comes to China for a post or employment;
(2) Residence permit for study is issued to a foreign national who comes to China for long-term study;
(3) Residence permit for journalist is issued to a foreign national who comes to China as a resident correspondent of a foreign country's residence news agency in China;
(4) Residence permit for reunion is issued to the family members of Chinese citizens and foreign nationals with permanent resident status in China, who need to reside in China for family reunion, as well as people who need to reside in China for reasons such as foster care; and
(5) Residence permit for private affairs is issued to the spouses, parents, underage children and parents-in-law of foreign nationals who reside in China for work or study, who come to China to visit relatives for a long period of time, as well as people who need to reside in China for other private affairs.
Article 16 To apply for a residence permit, a foreign national shall submit his/her passport or any other international travel document, a photo that meets the prescribed requirements and materials about the purpose of application, go through the relevant formalities at the exit-entry administrative division of the public security organ of the people's government at or above the county level at his/her place of residence, and provide his/her biometric identification information such as fingerprints.
(1) For a residence permit for work, a work permit or any other relevant certificate shall be submitted; if the foreign national is a foreign professional who is highly skilled or whose skills are imperatively needed by the state, the relevant certificate shall be submitted as required.
(2) For a residence permit for study, a letter issued by the institution recruiting him/her bearing the term of study or any other relevant certificate shall be submitted as required.
(3) For a residence permit for journalist, a letter and a press card issued by the competent authorities shall be submitted.
(4) For a residence permit for reunion, if it is for family reunion in China, a family relationship certificate and a certificate on the purpose of application shall be submitted; if it is for foster care, a power of attorney or any other relevant certificate shall be submitted.
(5) For a residence permit for private affairs, if it is a long-term visit to a relative, a certificate on his/her relationship with the relative and the residence permit of the relative shall be submitted; if it is to handle private affairs, a certificate proving the necessity to reside in China to handle private affairs shall be submitted.
To apply for a residence permit valid for one year or more, a foreign national shall submit a health certificate as required. Such a health certificate is valid for six months as of the date of issuance.
Article 17 To apply for the renewal, replacement or reissuance of his/her residence permit, a foreign national shall fill out an application form, and submit his/her passport or any other international travel document, a photo that meets the prescribed requirements and materials about the purpose of application.
Article 18 Where a foreign national's application for the issuance of a residence permit or for the renewal, replacement or reissuance of his/her residence permit conforms to the acceptance provisions, the exit-entry administrative division of the public security organ shall issue an acceptance notice valid for not more than 15 days, and make a decision of approval or disapproval within the valid period of the acceptance notice.
Where a foreign national's application formalities or materials for the issuance of a residence permit or for the renewal, replacement or reissuance of his/her residence permit fail to conform to the relevant provisions, the exit-entry administrative division of the public security organ shall notify the applicant of the formalities that need to be handled or the application materials that need to be supplemented or corrected at one time.
During the period when a foreign national's passport or any other international travel document is held due to being accepted for handling the abovementioned issues, he/she may legally reside in China on the basis of the acceptance notice.
Article 19 Where a foreign national applies for the renewal, replacement or reissuance of his/her visa or residence permit or the issuance of a stay permit under any of the following circumstances, the entity or individual inviting him/her, any of his/her relatives or a specialized agency may apply on behalf of him/her:
(1) The foreign national is under 16, or has attained 60 and is incapacitated due to reasons such as disease;
(2) The foreign national has entered China before and keeps a good record of stay or residence in China; or
(3) The entity or individual inviting the foreign national has provided guarantee for his/her expenses in China during his/her stay or residence.
In applying for a residence permit, if the applicant is a foreign professional who is highly skilled or whose skills are imperatively needed by the state and is under any of the circumstances mentioned in the preceding paragraph, the entity or individual inviting him/her, any of his/her relatives or a specialized agency may apply on behalf of him/her.
Article 20 The exit-entry administrative divisions of public security organs may verify the authenticity of the purpose of application by interview, inquiry via telephone and field investigation, and applicants and entities or individuals issuing invitations or certificates shall be cooperative.
Article 21 For a foreign national under any of the following circumstances, the exit-entry administrative division of the public security organ concerned may not approve his/her application for the renewal, replacement or reissuance of his/her visa or residence permit, and may not issue a stay permit to him/her:
(1) Failing to provide application materials as required;
(2) Engaging in falsification in the course of application;
(3) Violating the relevant laws or administrative regulations of China and being inappropriate to stay or reside in China; or
(4) Any other circumstance which makes it inappropriate to renew, replace or reissue his/her visa or residence permit or issue a stay permit to him/her.
Article 22 A foreign national with a residence permit in the study category who needs to take a part-time job or internship outside campus shall, upon approval by his/her school or university, apply to the exit-entry administrative division of the public security organ for endorsing the place, term and other information of the job or internship on his/her residence permit.
A foreign national with a residence permit for study may not take a part-time job or internship outside campus if his/her residence permit has not been endorsed with the aforesaid information.
Article 23 A foreign national whose valid passport or international travel document is lost, damaged, stolen or robbed in China, if he/she cannot get a new one from the relevant authority stationed by his/her home country in China, may apply to the exit-entry administrative division of the public security organ of the people's government at or above the county level at his/her place of stay or residence for going through the exit formalities.
Article 24 Foreign nationals with stay areas in their exit-entry permits and foreign nationals approved by exit-entry border inspection authorities for temporary stay within designated areas shall stay within designated areas.
Article 25 Under any of the following circumstances in China, a foreign national will be deemed to be residing illegally:
(1) Staying or residing in China beyond the period permitted by his/her visa or stay or residence permit;
(2) For a foreign national entering China with visa exemption, staying beyond the visa-exemption period and failing to apply for a stay or residence permit;
(3) Moving beyond the designated area for his or her stay; or
(4) Any other circumstance that constitutes illegal residence.
Article 26 Under any of the following circumstances, an entity hiring foreign nationals or recruiting foreign students shall timely report it to the exit-entry administrative division of the public security organ of the local people's government at or above the county level:
(1) A foreign national hired by it leaves office or changes work location;
(2) A foreign student recruited by it leaves the entity as he/she graduates, finishes a course, drops out, or leaves the school or university;
(3) A foreign national hired or a foreign student recruited violates the exit-entry administrative provisions; or
(4) A foreign national hired or a foreign student recruited dies or disappears.
Article 27 When they need to verify the identity of foreign nationals in business operations, entities in the financial, education, medical or telecommunication sector may apply to the exit-entry administrative divisions of public security organs for verification.
Article 28 The administration of the issuance of stay or residence permits to foreign nationals for diplomatic or service purposes shall be governed by the relevant provisions of the Ministry of Foreign Affairs.
Chapter IV Investigation and Repatriation
Article 29 Public security organs may set up repatriation facilities in light of the actual needs.
A foreign national who is detained for investigation under Article 60 of the Exit-Entry Administration Law shall be transferred to a detention house or repatriation facility within 24 hours.
Where a repatriation or deportation cannot be immediately executed due to the weather or the health condition of the party concerned, the foreign national shall be detained at a detention house or repatriation facility on the basis of the relevant legal papers.
Article 30 Where a foreign national's scope of activities is restricted under Article 61 of the Exit-Entry Administration Law, a written decision thereon shall be issued. The foreign national shall report to the public security organ concerned at the designated time, and may not change domicile or leave the designated area without approval by the organ making the decision.
Article 31 Where a foreign national is repatriated under Article 62 of the Exit-Entry Administration Law, the organ making the repatriation decision shall specify the period of time during which the foreign national is not allowed to enter China.
Article 32 Repatriation expenses shall be borne by the repatriated foreign national. For one who is unable to pay for such expenses, if he/she is repatriated for illegal employment, repatriation expenses shall be paid by the entity or individual illegally employing him/her; if he/she is repatriated for other causes, repatriation expenses shall be paid by the entity or individual providing guarantee for his/her stay or residence in China.
Repatriation shall be executed by the public security organs of the local people's governments at or above the county level or exit-entry border inspection authorities.
Article 33 Where a foreign national is ordered to leave China within a certain time limit, the deciding organ shall, after canceling or confiscating his/her exit-entry permit, handle formalities for his/her stay and specify the time limit for his/her exit. The time limit for exit may not exceed 15 days at most.
Article 34 For a foreign national under any of the following circumstances, his/her visa or stay or residence permit shall be declared null and void by the issuing organ:
(1) The visa or stay or residence permit is damaged, lost, stolen or robbed;
(2) The visa or stay or residence permit has not been confiscated or cancelled after the foreign national is ordered to exit within a certain time limit, repatriated or deported;
(3) The original purpose of residence changes but the foreign national fails to report the change to the exit-entry administrative division of the public security organ and still fails to do so after the public security organ makes an announcement thereon; or
(4) He/she is under any of the circumstances described in Article 21 or 31 of the Exit-Entry Administration Law, under which no visa or residence permit should be issued.
To declare a visa or a stay or residence permit null and void, an issuing organ may declare on the spot or make an announcement thereon.
Article 35 Under any of the following circumstances, a foreign national's visa or stay or residence permit shall be cancelled or confiscated by the public security organ:
(1) The visa or permit is declared null and void by the issuing organ or is falsely used by another person;
(2) The visa or permit is forged, altered, defrauded or otherwise illegally obtained; or
(3) The foreign national is ordered to exit within a certain time limit, repatriated or deported.
The organ deciding to cancel or confiscate a visa or permit shall notify the issuing authority in time.
Chapter V Supplementary Provisions
Article 36 The meaning of terms mentioned in this Regulation is as follows:
(1) “Number of entries” means the number of entries that could be made by a visa holder within the valid period of visa.
(2) “Valid period of entry” means the valid period of an entry made by a visa holder. Unless otherwise endorsed by the visa-issuing authority, a visa shall be valid as of the date of issuance and become invalid at 24:00 of the expiry date on the basis of Beijing Time.
(3) “Duration of stay” means the time a visa holder is permitted to stay for each entry, which is calculated from the next day after entry.
(4) “Short term” means a stay of not more than 180 days in China.
(5) “Long term” or “permanent” means a stay of more than 180 days in China.
For the purpose of this Regulation, the time limit for examination and approval by the exit-entry administrative divisions of public security organs and the valid period for acceptance notices shall be calculated on the basis of working days, excluding statutory holidays.
Article 37 Upon approval by the Ministry of Foreign Affairs, visa-issuing authorities stationed abroad may engage local institutions to provide receipt, entry, consulting and other services for foreign nationals' applications for visa.
Article 38 The format of visa shall be determined by the Ministry of Foreign Affairs together with the Ministry of Public Security. The format of stay or residence permit shall be determined by the Ministry of Public Security.
Article 39 This Regulation shall come into force on September 1, 2013. The Detailed Rules for the Implementation of the Law of the People's Republic of China Governing the Administration of the Entry and Exit of Foreigners, which were adopted by the State Council on December 3, 1986, issued by the Ministry of Public Security and the Ministry of Foreign Affairs on December 27, 1986 and revised by the State Council on July 13, 1994 and April 24, 2010 respectively, shall be repealed simultaneously.