Administrative Measures for Chinese Citizens Travelling to or from Taiwan Region
2018-04-15 1211
Administrative Measures for Chinese Citizens Travelling to or from Taiwan
Region (Revised in 2015)
Order of State Council No.661
June 14, 2015
(Promulgated by the Order of the State Council of the People's Republic of
China No.93 on December 17, 1991 and revised in accordance with the Decision of
the State Council on Revising the Administrative Measures for Chinese Citizens
Travelling to or from Taiwan Region on June 14, 2015)
Chapter I General Provisions
Article 1 The Administrative Measures for Chinese Citizens Travelling to or
from Taiwan Region (hereinafter referred to as the "Measures") are
formulated with a view to safeguarding the contact of the persons on both sides
of the Taiwan Straits, facilitating the exchanges among various parties, and
maintaining the public order.
Article 2 The Measures apply to Chinese citizens residing in the
Mainland (hereinafter referred to as the "Mainland residents") and
travelling to or from Taiwan Region (hereinafter referred to as
"Taiwan") and Chinese citizens residing in Taiwan (hereinafter
referred to as the "Taiwan residents") and entering or leaving the Mainland.
For those matters that are not specified in the Measures, but stipulated in
other relevant laws or regulations, the latter shall apply.
Article 3 For going to Taiwan, Mainland residents shall pass through
open ports or designated ports of exit and entry on the strength of the travel
certificates signed and 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 designated ports of entry and exit on the strength of the travel
certificates signed and issued by the competent authorities 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 Travelling to Taiwan
Article 6 A Mainland resident who desires 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
participating in economic, scientific and technological, cultural, educational,
physical and academic activities shall file an application to the public
security bureau of the city or county where the applicant's registered
permanent residence is located.
Article 7 A Mainland resident who applies for permission to go to Taiwan
shall go through the following procedures:
1. present the identity certificate or certificate of registered permanent
residence for examination;
2. fill in an application form for travelling to Taiwan;
3. submit the written opinions issued by the applicant's work unit or school
concerning the travel to Taiwan, if the applicant is on job or in school; or
the written opinions issued by the police station at the place where the applicant's
registered permanent residence is located concerning the travel to Taiwan, if
the applicant is not on job or in school; and
4. submit the certificates relevant to the reasons for filing the application.
Article 8 The certificates as mentioned in Item 4 of Article 7 of the
Measures refer to:
1. where a person wishes to settle down, the person shall present the
certificate testifying that he is actually able to settle down in Taiwan;
2. where a person wishes to visit relatives and friends, the person shall
present the certificate testifying the kinship or relationship between the
applicant and his relatives or friends in Taiwan;
3. where a person wishes to travel to Taiwan, the person shall present the
certificate testifying the necessary travelling expenses;
4. where a person wishes to accept and dispose of property in Taiwan, the
person shall present the notarized certificate relevant to the applicant's
lawful right of the property;
5. where a person wishes to undertake matrimonial matters, the person shall
present the notarized certificate testifying the applicant's matrimonial
status;
6. where a person wishes to undertake funeral matters of his relative or
friend, the person shall present relevant letters or notifications;
7. where a person wishes to participate in economic, scientific and
technological, cultural, educational, physical and academic activities, the
person shall present the certificate relevant to the invitation or consent from
the corresponding institutions, organizations, or individuals in Taiwan; and
8. other certificates that, in the opinions of the competent authorities, need
to be presented.
Article 9 The public security organ shall, within 30 days after
receiving a Mainland resident's application for going to Taiwan, or 60 days for
one residing in a remote and not easily accessible place, decide 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 affix an endorsement in his travel
certificate.
Article 11 A Mainland resident whose application for going to Taiwan has
been approved shall leave for Taiwan within the time limit specified in his
travel certificate and return on schedule, unless he goes there for permanent
residence.
If a Mainland resident already arriving in Taiwan cannot return on schedule due
to disease or other special circumstances on the expiry of the travel
certificate, he may file an application for the renewal of his travel
certificate to the original-issuing public security organ or the relevant organ
appointed or authorized by the Bureau of Exit and Entry Administration of the
Ministry of Public Security. With special reasons, he may file an application
to the public security organ at an entry port for going through the entry
procedures.
Article 12 The application filed for permission to go to Taiwan by a
Mainland resident who comes under any of the following circumstances shall not
be approved:
1. being a defendant in a criminal case or a criminal suspect;
2. being a person who is notified by a people's court of inability to leave the
Mainland owning to involvement in an unresolved lawsuit;
3. being a convicted person still serving a sentence;
4. being a person undergoing reeducation through labor;
5. being a person whose exit will, in the opinion of the competent department
of the State Council, be harmful to the security of the State or cause a great
loss to the interests of the State; and
6. being a person who has committed such fraudulent act as fabricating
situations or presenting 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 relevant authorities for handling travel certificates:
1. those who wish to enter the Mainland directly from Taiwan shall file an
application to the relevant authorities appointed or authorized by the Bureau
of Exit and Entry Administration of the Ministry of Public Security; with
special reasons, they may apply to the public security organ at any designated
port;
2. those who wish to enter the Mainland after their arrival to the regions of
Hong Kong or Macao shall file an application to the relevant authorities in the
regions of Hong Kong or Macao appointed or authorized by the Bureau of Exit and
Entry Administration of the Ministry of Public Security; and
3. those who wish to enter the Mainland from foreign countries shall apply to
the People's Republic of China's diplomatic missions or consular offices or
other agencies located abroad that are 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 procedures:
1. present valid identity certificates of residence status in Taiwan and
exit-entry permits for examination;
2. fill in the application forms; and
3. submit required photos.
The competent authorities of the State may, according to specific
circumstances, require Taiwan residents to submit other application materials.
Article 15 For a Taiwan resident whose application for permission to
enter the Mainland has been approved, the competent authorities of the State
shall issue him/her a travel certificate.
Article 16 Taiwan residents who enter the Mainland shall, in accordance
with the provisions on the administration of residence registration, go through
the procedures for the registration of temporary residence; those who are
accommodated in such enterprises and institutions as guest houses, hotels,
inns, hostels and schools, public institutions or organs, organizations and
other institutions shall fill in the registration forms for temporary
residence; those who stay in the homes of their relatives or friends shall,
within 24 hours (72 hours in rural areas), go through the registration
procedures for temporary residence by themselves, or by their relatives or
friends, with the local police station or office for residence registration.
Article 17 A Taiwan resident who desires 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 Exit and Entry Administration of the
Ministry of Public Security, or entrust his relatives or friends in the Mainland
to file an application on his behalf to the public security bureau of the city
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 permanent residence.
Article 18 Taiwan residents shall, after their arrival to the Mainland,
leave the Mainland on schedule within the term of validity specified in their
travel certificates. Those whose certificates are about to expire and who are
in need of extending their stay in the Mainland shall apply to the public
security bureau at the corresponding city or county level for renewal.
Article 19 The application filed for permission to enter the Mainland by
a Taiwan resident shall not be approved if such resident:
1. is deemed to have committed a criminal act;
2. is considered prone, after entering the Mainland, to conduct the activities
that may jeopardize the security and interests of the State;
3. does not meet application conditions or has committed such fraudulent acts
as fabricating situations or presenting forged certificates;
4. suffers from mental disease or serious infectious disease; or
5. is under any other circumstances under which the application for permission
to enter the Mainland is disapproved as stipulated in the laws and
administrative regulations.
However, the application for entry filed by those who enter the Mainland for
treating their diseases or for other special reasons may be approved.
Chapter IV Inspection over Exit and Entry
Article 20 Mainland residents who travel to and from Taiwan and Taiwan
residents who enter or leave the Mainland shall show their certificates to the
frontier inspection stations at open ports or designated ports of exit and
entry, fill in and present the exit-entry registration cards and accept the
inspection thereof.
Article 21 With respect to those who come under any of the following
circumstances, the frontier inspection stations have the power to forbid their
exit or entry:
1. where they do not hold travel certificates;
2. where they hold and use such invalid travel certificates as forged or
altered;
3. where they refuse to present travel certificates for inspection; and
4. where they are denied exit or entry under the provisions of Article 12 and
Article 19 of the Measures.
Chapter V Administration on Certificates
Article 22 The travel certificates held by Mainland residents for
travelling to or from Taiwan refer to the Taiwan travel permits for Mainland
residents and other valid travel certificates.
Article 23 The travel certificates held by Taiwan residents for entering
or leaving the Mainland refer to the Mainland travel permits for Taiwan
residents and other valid travel certificates.
Article 24 The Taiwan travel permits for Mainland residents shall remain
valid for ten years; and the Mainland travel permits for Taiwan residents are
divided into two categories: one is valid for five years and the other is valid
for one trip within three months.
Article 25 The Taiwan travel permits for Mainland residents shall be
endorsed once for each trip. The endorsement is valid for one trip or for
multiple trips.
Article 26 In the event of the loss of the travel certificates by
Mainland residents, they must report the loss to the original-issuing public
security organ; the organ may, after proving the case to be true through
investigation, re-issue new corresponding travel certificates upon endorsement.
Article 27 In the event of the loss of the travel certificates by Taiwan
residents in the Mainland, they must report the loss to the local public
security organ of the city or county where they stay. After the public security
organ has, through investigation, proved the case to be true, they are
permitted to apply for receiving new corresponding travel certificates or the
public security organ shall issue an exit pass which is valid for one trip
only.
Article 28 The travel certificates held by Mainland residents for going
to Taiwan or held by Taiwan residents for entering the Mainland shall be
revoked or declared null and void, if their holders come under any of the
circumstances stipulated in Article 12 and Article 19 of the Measures.
Article 29 The organ that examines, approves, signs and issues travel
certificates shall have the power to revoke travel certificates issued by it or
declare them null and void. The Ministry of Public Security may, whenever
necessary, change the endorsement, 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 subject solely or concurrently to a fine of not less than CNY100
but not more than CNY500, in addition to the penalties stipulated in Article 23
of the Implementing Rules of the Law of the People's Republic of China on the
Control 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 subject solely or concurrently to a fine
of not less than CNY500 but not more than CNY3,000, in addition to the
penalties stipulated in Article 24 of the Implementing Rules of the Law of the
People's Republic of China on the Control of the Exit and Entry of Citizens.
Article 32 Any person who has fabricated situations, presented a forged
certificate or resorted to bribery or other methods to obtain a travel
certificate may be subject solely or concurrently to a fine of not less than
CNY100 but not more than CNY500, in addition to the penalties stipulated in
Article 25 of the Implementing Rules of the Law of the People's Republic of
China on the Control of the Exit and Entry of Citizens.
For those who fall into the foregoing circumstances, their applications for
exit and entry shall not be accepted and handled within six months upon the
completion of the enforcement of their punishments.
Article 33 In the event that authorities, organizations, enterprises or
public institutions are discovered to have fabricated situations, or provided
forged certificates in order to help applicants obtain travel certificates, the
exercise of their certificates-issuing power shall be suspended; if the
circumstances are serious, their certificates-issuing qualifications shall be
cancelled. Those persons directly responsible may be subject solely or
concurrently to a fine of not less than CNY500 but not more than CNY1,000, in
addition to the penalties stipulated in Article 25 of the Implementing Rules of
the Law of the People's Republic of China on the Control of the Exit and Entry
of Citizens.
Article 34 Those who, in violation of the provisions in Article 16 of
the Measures, fail to handle the temporary residence registration shall be
given a warning or be subject to a fine of not less than CNY100 but not more
than CNY500.
Article 35 Those who stay on illegally beyond the specified period in
violation of the provisions in Article 18 of the Measures shall be given a
warning or may be subject solely or concurrently to a fine of CNY100 for each
day beyond the time limit.
Article 36 If any person who is punished does not accept the penalties
imposed by the public security organ, he may, within 15 days as of the date on
which the notice of penalties is received, appeal to the public security organ
at the next higher level for a reconsideration and the public security organ at
the next higher level shall make a final decision; he may also bring a suit
directly in a people's court.
Article 37 For those Taiwan residents who violate the provisions in the
Measures or commit other offences or criminal acts after entering the Mainland,
besides penalties imposed according to the provisions of the Measures and other
relevant laws or regulations, the public security organ may curtail their
period of stay or order them to leave within a specified period or deport them
from the Mainland.
Those whose applications for permission to enter the Mainland are disapproved
due to any of circumstances stipulated in Article 19 of the Measures shall be
deported immediately.
Article 38 Where a state functionary implementing the Measures takes
advantage of his position to extort or accept bribes, or commits any other
illegal act or misconduct, if the circumstance is minor, an administrative
sanction shall be imposed by the competent department; if the case is so
serious as to constitute a crime, the 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 by any person in violation of the
Measures shall be recovered, or reimbursed or compensated as ordered. The
personal effects 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 Ministry of Public Security shall be responsible for the
interpretation of the Measures.
Article 41 The Measures shall take effect as of May 1, 1992.