Regulation on the Administration of Foreign Nationals in Yanbian Korean Autonomous Prefecture
- Area of Law： Foreign Affairs
- Level of Authority： Regulations on the Exercise of Autonomy and Specific Regulations
- Date issued：04-09-2014
- Effective Date：04-09-2014
- Status： Effective
- Issuing Authority： Jilin Province
Regulation on the Administration of Foreign
Nationals in Yanbian Korean Autonomous Prefecture
(As adopted at the Third Session of the 14th People's Congress of Yanbian Korean Autonomous Prefecture on December 23, 2013, approved at the Seventh Session of the Standing Committee of the 12th People's Congress of Jilin Province on March 28, 2014, and issued for implementation on April 9, 2014)
Article 1 In order to regulate the administration of and the provision of services for foreign nationals, maintain social stability and border security, and promote economic and social development and external exchanges, this Regulation is formulated in accordance with the relevant laws and regulations of the state and in consideration of the actual circumstances of Yanbian Korean Autonomous Prefecture.
Article 2 This Regulation shall apply to the administration of and the provision of services for the foreign nationals who stay or reside within the administrative region of Yanbian Korean Autonomous Prefecture.
Article 3 The administration of and the provision of services for foreign nationals in Yanbian Korean Autonomous Prefecture shall adhere to the principles of government leadership, departmental coordination, administration by law and provision of effective services.
Article 4 The people's government of Yanbian Korean Autonomous Prefecture shall be responsible for organizing the implementation of this Regulation.
The administrative departments of public security shall be responsible for the specific implementation of this Regulation.
The relevant administrative departments of the people's governments at all levels shall, according to their respective responsibilities, coordinate and cooperate with each other to jointly and effectively administer and provide services for foreign nationals.
Article 5 The people's governments of Yanbian Korean Autonomous Prefecture and its subordinate counties (cities) shall list the expenses needed by the administration of and the provision of services for foreign nationals in the financial budget of the corresponding levels, and increase such expenses year by year based on the economic development situation.
Article 6 The foreign nationals who stay or reside within the administrative region of Yanbian Korean Autonomous Prefecture shall abide by the laws and regulations of China, and respect the national culture, customs and religious beliefs .
Article 7 The people's government of Yanbian Korean Autonomous Prefecture shall encourage foreign nationals to travel, engage in trade or obtain employment in the autonomous prefecture for exchanges and cooperation.
Article 8 The people's governments at all levels of Yanbian Korean Autonomous Prefecture shall protect the legitimate rights and interests of foreign nationals in accordance with the law.
The administrative departments with relevance to the administration of and the provision of services for foreign nationals shall publish working procedures, charging standards, time limits for certification, ways to file a complaint as well as the catalogues of the materials to be submitted and the model texts thereof, among others, so as to provide convenient services for foreign nationals' handling of the relevant affairs.
When foreign nationals are handling foreign-related examination and approval items, the qualified administrative service centers or certification halls shall provide necessary translation and interpretation services.
Article 9 The people's government of Yanbian Korean Autonomous Prefecture shall establish a unified foreign national administration and service information platform to achieve the information sharing among the relevant administrative departments.
Article 10 Where the entities in finance, education, medical care or communications sector, among others, need to verify the identity of foreign nationals when they are handling businesses, they may apply to the exit-entry administrative divisions of the public security organs for verification.
Article 11 Foreign nationals who obtain employment in Yanbian Korean Autonomous Prefecture shall file applications for the employment permits for foreign nationals or expert certificates with human resources and social security departments, and apply for residence certificates at the exit-entry administrative divisions of public security organs at or above the county level upon the strength of their relevant certificates.
No employer may employ a foreign national without permission in violation of the provisions of the state.
Article 12 When foreign experts apply for exit-entry visa documents, school enrollment of their children and other matters, the administrative departments of public security and the human resources and social security departments shall provide conveniences for them.
Article 13 The people's government of Yanbian Korean Autonomous Prefecture shall encourage foreign nationals to participate in social welfare and voluntary service activities.
Article 14 The sub-districts (residential communities) where foreign nationals reside densely shall incorporate the administration of and the provision of services for foreign nationals into the scope of community administration services, and, according to the actual demands, establish foreign national comprehensive administration and service teams, which shall assist the administrative departments of public security in effectively conducting the accommodation registration of foreign nationals and other routine administration and service work.
Article 15 Where a foreign national is accommodated in a hotel, the hotel operator shall handle the accommodation registration for the foreign national in accordance with the relevant provisions, and timely enter the accurate foreign national accommodation information in the accommodation registration system.
Where a foreign national resides or stays in a domicile other than a hotel, the foreign national shall personally, or the provider of such accommodation shall, upon the strength of a passport or any other valid identity certificate, undergo the registration formalities at the police station in the place of residence within 24 hours after check-in.
Article 16 As required by national security and the stability in border areas, public security organs and state security organs may impose restrictions on the establishment of residences or business offices in certain areas by foreign nationals or foreign institutions.
Without approval, no foreign nationals may enter areas which foreign nationals are restricted from entering.
Article 17 The entities or individuals that lease their residential properties to foreign nationals shall conclude house leasing contracts in accordance with the law, and timely conduct registration and recordation at local police stations.
House property management departments shall timely provide the relevant information on the purchase of residential properties by foreign nationals for local exit-entry administrative divisions of public security organs.
Article 18 A foreign national who applies for a residence certificate with the validity period of more than one year shall provide a health certificate. A health certificate shall be issued by the local health quarantine department or the health and medical department at or above the county level.
If a medical and health entity finds in the physical examination of a foreign national that the foreign national suffers from serious mental disorder, infectious pulmonary tuberculosis or any other infectious disease that may cause serious damage to the public health, the medical and health entity shall timely report to the local health administrative department and exit-entry inspection and quarantine department.
Article 19 The relevant administrative departments at all levels of Yanbian Korean Autonomous Prefecture shall strengthen the administration of foreign nationals in accordance with the law.
The relevant administrative departments of Yanbian Korean Autonomous Prefecture shall inspect the foreign nationals and foreign-related enterprises that stay or reside in Yanbian Korean Autonomous Prefecture in accordance with the law. In the process of inspection, there shall be at a minimum two law enforcement officers, who shall produce their valid certificates. The parties concerned shall assist in and may not obstruct the inspection thereof.
Article 20 A foreign national who engages in any activity inconsistent with his or her cause of stay or residence shall be investigated and punished by the administrative department of public security in conjunction with the relevant administrative departments in accordance with the law.
Article 21 Any citizen, legal person or other organization which discovers a foreign national's illegal entry of China, illegal residence, illegal employment, or illegal engagement in religious activities, or falling under any circumstance inconsistent with his or her cause of stay or residence shall report to the local public security organ or other relevant authorities in a timely manner.
Article 22 The entities and individuals that have made outstanding contributions to the administration of and the provision of services for foreign nationals shall be commended and rewarded by the people's governments at all levels of Yanbian Korean Autonomous Prefecture:
(1) Those reporting any illegal or criminal activities endangering national security committed by foreign nationals to the public security organs or state security organs.
(2) Those diligently performing their duties, actively preventing and properly disposing of foreign-related cases (events), or avoiding the occurrence of major liability accidents.
(3) Those reporting to public security organs or other relevant authorities any foreign nationals' illegal entry of China, illegal residence, illegal employment or illegal engagement in religious activities or engagement in any activities inconsistent with their cause of stay or residence.
(4) Those reporting the illegal employment of foreign nationals by enterprises or public institutions or private enterprises to relevant administrative departments.
(5) Those having made prominent achievements in the introduction and employment of foreign intermediate and senior talents.
(6) Others making outstanding contributions.
Article 23 Violators of the provisions of this Regulation shall be punished by the administrative departments of the public security and relevant administrative departments in accordance with the laws and regulations of the state. If an act constitutes a crime, the violator thereof shall be investigated for criminal liability according to law.
Article 24 Where any citizen, legal person or other organization harbors or fails to report when he or it evidently knows the fact on any foreign national's engagement in any criminal activities endangering the national security or disturbing the public order, among others, he or it shall be subject to legal liability in accordance with the law.
Article 25 Where the functionaries of the relevant government departments at all levels neglect their duties, abuse their powers, practice favoritism, or have administrative nonfeasance in the process of the administration and the provision of services for foreign nationals, the entities where they work or the superior administrative departments shall give them administrative sanctions. If an act constitutes a crime, the violator shall be investigated for criminal liability according to law.
Article 26 For the purpose of this Regulation, the term “foreign nationals” means persons who do not have Chinese nationality.
Article 27 The people's government of Yanbian Korean Autonomous Prefecture may formulate the detailed rules for the implementation of this Regulation in accordance with this Regulation.
Article 28 The power to interpret this Regulation shall remain with the Standing Committee of the People's Congress of Yanbian Korean Autonomous Prefecture.
Article 29 This Regulation shall come into force on the date of issuance.