Measures for the Administration of Chinese Citizens Travelling to or from Taiwan

 2018-07-27  26


· Document Number:Order No. 93 of the State Council of the People's Republic of China on December 17, 1991

· Area of Law: Taiwan Affairs

· Level of Authority: Administrative Regulations

· Date issued:06-14-2015

· Effective Date:05-01-1992

· Issuing Authority: State Council

· Status: Effective

 

Measures for the Administration of Chinese Citizens Travelling to or from Taiwan Region
(Issued by Order No. 93 of the State Council of the People's Republic of China on December 17, 1991 and amended according to the Decision of the State Council on Amending the Measures for the Administration of Chinese Citizens Travelling to or from Taiwan Region on June 14, 2015)
Chapter I General Provisions
Article 1 These Measures are developed for purposes of safeguarding the contact of persons on both sides of the Taiwan Straits, facilitating exchanges among various parties, and maintaining public order.
Article 2 These Measures shall be applicable to Chinese citizens residing in the Mainland (hereinafter referred to as Mainland residents) travelling to or from the Taiwan Region (hereinafter referred to as Taiwan) and Chinese citizens residing in Taiwan (hereinafter referred to as Taiwan residents) entering or leaving the Mainland.
Issues not specified in these Measures, but stipulated in other laws or regulations, shall be subject to the laws or regulations.
Article 3 For going to Taiwan, Mainland residents shall pass through open ports or other designated ports of exit and entry upon strength of their travel certificates issued by the exit-entry administrative departments of the public security organs.
Article 4 For entering the Mainland, Taiwan residents shall pass through open ports or other designated ports of entry and exit upon strength of their travel certificates issued by the competent organs of the state.
Article 5 Chinese citizens travelling between the Mainland and Taiwan may not commit any act harmful to the security, honor or interests of the state.
Chapter II Mainland Residents Traveling to Taiwan
Article 6 A Mainland resident who intends to go to Taiwan for the purposes of settling down there, visiting relatives and friends, travelling, accepting and disposing of property, undertaking matrimonial or funeral matters or of participating in economic, scientific, technological, cultural, educational, sports and academic activities shall file an application with the public security bureau of the municipality or county where the applicant's registered residence is located.
Article 7 A Mainland resident who applies for permission to go to Taiwan shall go through the following formalities:
(1) An applicant shall submit for examination the certificates proving his/her identity and permanent residence.
(2) An applicant shall fill in an application form for travelling to Taiwan.
(3) An applicant shall submit the written opinions of the applicant's entity or school concerning the travel to Taiwan, if the applicant is employed or is in school; or the written opinions of the police station where the applicant's registered residence is located if the applicant is not employed or in school.
(4) An applicant shall submit the certificate relevant to the reasons for filing the application.
Article 8 The certificates as mentioned in Item (4) of Article 7 of these Measures refer to:
(1) A person who wishes to settle down there shall submit the certificate proving that he is actually able to settle down in Taiwan.
(2) A person who wishes to visit relatives and friends shall submit the certificate proving the kinship or relationship between the applicant and his relatives or friends in Taiwan.
(3) A person who wishes to travel to Taiwan as a tourist shall submit the certificate proving that he has the necessary fund for covering travelling expenses.
(4) A person who wishes to accept and dispose of property in Taiwan shall submit the notarized certificate relevant to the applicant's lawful right to the property.
(5) A person who wishes to handle matrimonial matters shall submit the notarized certificate proving the applicant's matrimonial status.
(6) A person who wishes to handle funeral matters of his relatives or friends shall submit relevant letters and notices.
(7) A person who wishes to participate in economic, scientific, technological, cultural, educational, sports and academic activities, and other activities shall submit the certificate relevant to the invitation or consent from the corresponding organs, organizations, or individuals in Taiwan.
(8) Other certificates which the competent department deems necessary to be submitted.
Article 9 The public security organ shall, after receiving a Mainland resident's application for going to Taiwan, decide within 30 days, or, 60 days for the applicant residing in a remote place with inconvenient communication, to approve or disapprove the application and notify the applicant of the decision. In the case of an urgent application, the public security organ shall make a decision as the occasion demands.
Article 10 With respect to a Mainland resident whose application for going to Taiwan has been approved, the public security organ shall issue the applicant a travel certificate or visa on his travel certificate.
Article 11 A Mainland resident whose application for going to Taiwan has been approved shall leave within the time limit specified in his travel certificate and return on schedule, unless he goes there for permanent residence.
A Mainland resident who is unable to return on schedule due to disease or other special circumstances on the expiry of the travel certificate after arriving in Taiwan may file an application for the renewal of his travel certificate to the original-issuing public security organ or the competent organ appointed or authorized by the Bureau of Entry- Exit Administration of the Ministry of Public Security. With special reasons, he may file an application with the public security organ and handle the entry formalities at an entry port.
Article 12 An application filed for permission to go to Taiwan by a Mainland resident who falls under any of the following circumstances shall not be approved:
(1) He is a defendant in a criminal case or a criminal suspect.
(2) He is notified by a people's court for inability to leave the Mainland due to involvement in an unresolved lawsuit.
(3) He is a convicted person still serving sentence.
(4) He is undergoing rehabilitation through labor.
(5) He is a person whose exit will, in the opinion of the competent department of the State Council, be harmful to the state security or cause a great loss to the state interests.
(6) He has committed such fraudulent act as fabricating information or submitting forged certificates.
Chapter III Taiwan Residents Entering the Mainland
Article 13 Taiwan residents who wish to enter the Mainland shall apply to one of the following organs for travel certificates:
(1) Those who wish to enter the Mainland directly from Taiwan shall file applications with the competent organs appointed or authorized by the Bureau of Entry-Exit Administration of the Ministry of Public Security. With special reasons, they may apply to the public security organ at designated port.
(2) Those who wish to enter the Mainland after their arrival in the Regions of Hong Kong or Macao shall file applications with the relevant organs in the Regions of Hong Kong or Macao appointed or authorized by the Bureau of Entry-Exit Administration of the Ministry of Public Security.
(3) Those who wish to enter the Mainland by way of foreign countries shall apply to the People's Republic of China's diplomatic missions or consular offices or any other resident agency stationed abroad authorized by the Ministry of Foreign Affairs in accordance with the Passport Law of the People's Republic of China.
Article 14 Taiwan residents applying for permission to enter the Mainland shall go through the following formalities:
(1) They shall submit for examination the valid certificates of residence status in Taiwan and exit-entry permits.
(2) They shall fill in the application forms.
(3) They shall submit photos conforming to the provisions.
The state's competent departments may, in light of the specific situation, request Taiwan residents to submit other application materials.
Article 15 For a Taiwan resident whose application for entering the Mainland has been approved, the state's competent department shall issue a travel certificate.
Article 16 Taiwan residents who come to the Mainland shall, in accordance with the provisions of the administration of residence registration, handle the formalities for the registration of temporary residence. Those who stay in such enterprises and institutions as guest houses, hotels, inns, hostels and schools, or in state organs, public organizations and other institutions, shall fill in the registration forms for temporary residence; and those who stay in the homes of their relatives or friends shall, within 24 hours (72 hours in rural areas) go through the registration formalities for temporary residence by themselves, or by their relatives or friends, at the local police station or office for residence registration.
Article 17 A Taiwan resident who intends to settle down in the Mainland shall file an application, before entering the Mainland, to the relevant organs appointed or authorized by the Bureau of Entry-Exit Administration of the Ministry of Public Security, or authorize his relatives or friends to file an application on his behalf with the public security bureau of the municipality or county where the applicant intends to settle down. After the approval is obtained, the public security organ shall issue to the applicant the certificate for residence.
Article 18 Taiwan residents shall leave the Mainland within the term of validity specified in their certificates. A Taiwan resident who needs to continuously reside when his or her certificate is about to expire shall apply to the public security bureau of the city or county for renewal.
Article 19 The application filed for permission to come to the Mainland by a Taiwan resident who falls under any of the following circumstances shall not be approved:
(1) He is deemed to have committed a criminal act.
(2) He is considered prone, after entering the Mainland, to the activities that may jeopardize the state's security and interests.
(3) He fails to satisfy the conditions for application and has committed such fraudulent acts as fabricating information or submitting forged certificates.
(4) He suffers from mental diseases or serious infectious diseases.
(5) Other circumstances under which approval shall not be granted as prescribed by laws and administrative regulations.
Those who may be approved to enter the Mainland for treating their diseases or for other special reasons are excepted.
Chapter IV Exit-Entry Inspection
Article 20 Mainland residents who travel to and from Taiwan and Taiwan residents who enter or leave the Mainland shall produce their certificates to the frontier inspection posts at open ports or at designated ports of exit-entry, fill in and submit the exit-entry registration cards and accept the inspection thereof.
Article 21 With respect to those who fall under any of the following circumstances, the frontier inspection posts shall be entitled to forbid them from exiting or entering the territory:
(1) Those who do not hold travel certificates.
(2) Those who hold and use such invalid certificates as forged or altered.
(3) Those who refuse to submit travel certificates for inspection.
(4) Those who are not approved to exit or enter in accordance with the provisions of Article 12 and Article 19 of these Measures.
Chapter V Administration of Certificates
Article 22 The travel certificates held by Mainland residents for travelling to or from Taiwan mean the travel passes or other valid travel certificates for Mainland residents to travel to or from Taiwan.
Article 23 The travel certificates held by Taiwan residents for entering or leaving the Mainland mean the travel passes or other valid travel certificates for Taiwan residents to enter or leave the Mainland.
Article 24 The travel passes for Mainland residents to travel to or from Taiwan shall be valid for ten years; and the travel passes for Taiwan residents to enter or leave the Mainland shall be valid for five years or be valid for one entry-exit within three months.
Article 25 The travel passes for Mainland residents to travel to or from Taiwan shall have one visa for each entry. The visa shall fall into two kinds: valid for one entry and valid for multiple entries.
Article 26 In the case of the loss of the travel certificates by Mainland residents, they shall report the loss to the original-issuing public security organ; and the organ may, having proved the case to be true through investigation, re-issue new corresponding travel certificates.
Article 27 In the case of the loss of the travel certificates by Taiwan residents in the Mainland, they shall report the loss to the local public security organ of the municipality or county. After the public security organ has, through investigation, proved the case to be true, they may apply for receiving new corresponding travel certificates or be issued exit passes which are valid for one entry.
Article 28 The travel certificates held by Mainland residents for going to Taiwan or held by Taiwan residents for coming to the Mainland shall be revoked or declared null and void, if their holders fall under any of the circumstances as stipulated in Article 12 and Article 19 of these Measures.
Article 29 The organ that examines and issues travel certificates shall be entitled to revoke travel certificates issued thereby or declare them null and void. The Ministry of Public Security may, whenever necessary, change the visa type, revoke travel certificates, or declare them null and void.
Chapter VI Penalties
Article 30 Any person who has held and used such an invalid travel certificate as forged or altered or used another person's travel certificate for exit and entry may be solely or concurrently punished with a fine of 100 to 500 yuan, in addition to the penalties as specified in Article 23 of the Rules for the Implementation of the Law of the People's Republic of China on the Administration of the Exit and Entry of Citizens.
Article 31 Any person who has forged, altered, transferred or sold travel certificates at a profit, may be solely or concurrently punished with a fine of 500 to 3,000 yuan, in addition to the penalties as prescribed in Article 24 of the Rules for the Implementation of the Law of the People's Republic of China on the Administration of the Exit and Entry of Citizens.
Article 32 Any person who has fabricated information, submitted a forged certificate or resorted to bribery to obtain a travel certificate may be solely or concurrently punished with a fine of 100 to 500 yuan, in addition to the penalties as prescribed in Article 25 of the Rules for the Implementation of the Law of the People's Republic of China on the Administration of the Exit and Entry of Citizens.
For those who have committed the aforesaid acts, their application for exit and entry shall not be accepted and handled within six months from the enforcement of their punishments.
Article 33 Where organs, organizations, enterprises or institutions that have fabricated information, or provided forged certificates in order to help applicants obtain travel certificates, the exercise of their certificates-issuing power shall be suspended; and under serious circumstances, their certificates-issuing qualifications shall be cancelled. The directly liable persons may be solely or concurrently punished with a fine of 500 to 1,000 yuan, in addition to the penalties as prescribed in Article 25 of the Rules for the Implementation of the Law of the People's Republic of China on the Administration of the Exit and Entry of Citizens.
Article 34 Those who fail to apply for temporary residence registrations in violation of the provisions of Article 16 of these Measures shall be given a warning or be punished with a fine of 100 to 500 yuan.
Article 35 Those who stay in the Mainland illegally beyond the specified period of time in violation of the provisions in Article 18 of these Measures shall be given a warning or may solely or concurrently be punished with a fine of 100 yuan for each day beyond the time limit.
Article 36 A person who is punished and does not accept the penalties imposed by the public security organ may, within fifteen days of the receipt of the notice, appeal to the public security organ at the next higher level for reconsideration and the aforesaid public security organ shall make the final ruling; and he may also bring a suit directly with a local people's court.
Article 37 For those Taiwan residents who violate the provisions of these Measures or commit other offences or criminal acts after entering the Mainland, besides imposing punishments according to these Measures and other relevant laws or administrative regulations, the public security organ may curtail their period of stay or order them to leave within a specified period of time or deport them from the Mainland.
Those who fall under any of circumstances of disapproval as prescribed in Article 19 of these Measures shall be deported immediately.
Article 38 Where a state functionary implementing these Measures takes advantage of his position to extort or accept bribes, or commits any law-breaking act showing dereliction of duty, if the circumstance is minor, an administrative sanction shall be imposed by the relevant department; if the case is so serious as to constitute a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law of the People's Republic of China.
Article 39 The property obtained in violation of these Measures shall be recovered, or be ordered to be returned or returned in the form of compensation. The personal property used for committing the crime shall be confiscated.
The fines and confiscated property shall be turned over to the State Treasury.
Chapter VII Supplementary Provisions
Article 40 The power to interpret these Measures shall remain with the Ministry of Public Security.
Article 41 These Measures shall come into force on May 1, 1992.