Exit-Entry Administration Law of China 

· Document Number：Order No. 57 of the President of the People’s Republic of China

· Area of Law： Public Security

· Level of Authority： Laws

· Date issued：06-30-2012

· Effective Date：07-01-2013

· Status： Effective

· Issuing Authority： Standing Committee of the National People's Congress

Order of the President of the People's Republic of China
(No. 57)
The Exit-Entry Administration Law of the People's Republic of China, as adopted at the 27th Session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on June 30, 2012, is hereby issued and shall come into force on July 1, 2013.
Hu Jintao, President of the People's Republic of China
June 30, 2012

Exit-Entry Administration Law of China
(Adopted at the 27th Session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on June 30, 2012)
Table of Contents
Chapter I General Provisions 
Chapter II Exit and Entry by Chinese Citizens 
Chapter III Entry and Exit by Foreign Nationals 
Section 1 Visa 
Section 2 Entry and Exit 
Chapter IV Stay and Residence of Foreign Nationals 
Section 1 Stay and Residence 
Section 2 Permanent Residence 
Chapter V Exit-Entry Border Inspection of Conveyances 
Chapter VI Investigation and Repatriation 
Chapter VII Legal Liability 
Chapter VIII Supplemental Provisions 
Chapter I General Provisions
Article 1 In order to regulate the exit-entry administration, maintain the sovereignty, security and public order of the People's Republic of China, and promote international exchanges and China's opening up, this Law is formulated.
Article 2 This Law shall apply to the administration of exit and entry by Chinese citizens, entry and exit by foreign nationals, and stay and residence of foreign nationals within the territory of China, as well as the exit-entry border inspection of conveyances.
Article 3 The state protects the lawful rights and interests of Chinese citizens in relation to exit and entry.
The lawful rights and interests of foreign nationals within the territory of China shall be protected by law. Foreign nationals within the territory of China shall abide by the laws of China and shall not compromise the national security, injure the public interest, or disrupt the public order of China.
Article 4 The Ministry of Public Security and the Ministry of Foreign Affairs shall be responsible for administering relevant exit-entry affairs according to their respective functions.
The embassies and consulates of the People's Republic of China or other institutions stationed overseas as authorized by the Ministry of Foreign Affairs (hereinafter referred to as “overseas visa issuers”) shall be responsible for issuing entry visas to foreign nationals overseas. The exit-entry border inspection authorities shall be responsible for implementing exit-entry border inspections. The public security authorities and their exit-entry administration divisions of the local people's governments at and above the county level shall be responsible for the administration of stay and residence of foreign nationals.
The Ministry of Public Security or the Ministry of Foreign Affairs may, within the extent of its functions, authorize the exit-entry administration divisions of the public security authorities of the local people's governments at and above the county level or the foreign affairs departments of the local people's governments at and above the county level to accept applications of foreign nationals for entry, stay or residence.
The Ministry of Public Security and the Ministry of Foreign Affairs shall, in administering exit-entry affairs, strengthen their communication and cooperation, closely cooperate with other relevant departments of the State Council, and, according to their respective functions, perform functions and assume liabilities in accordance with law.
Article 5 The state establishes a uniform exit-entry administration information platform to achieve information sharing among relevant administrative departments.
Article 6 The state establishes exit-entry border inspection authorities at internationally open ports.
Chinese citizens, foreign nationals, and conveyances shall exit or enter China at internationally open ports and, under special circumstances, may exit or enter China at locations approved by the State Council or approved by the departments authorized by the State Council. Persons and conveyances exiting or entering China shall be subject to exit-entry border inspection.
The exit-entry border inspection authorities shall be responsible for administering the restricted areas of ports. As required for maintaining the national security and the order of exit-entry administration, the exit-entry border inspection authorities may implement border inspection of the articles carried by persons exiting or entering China. When necessary, the exit-entry border inspection authorities may implement border inspection of goods carried on an inbound or outbound conveyance but shall notify the customs.
Article 7 With the approval of the State Council, the Ministry of Public Security and the Ministry of Foreign Affairs may, as required by exit-entry administration, formulate provisions regarding collection of fingerprints and other human biometric information from persons exiting or entering China.
Where a foreign government has special provisions on issuing visas to or the exit-entry administration of Chinese citizens, the Government of China may adopt corresponding equivalent measures according to the actual circumstances.
Article 8 Departments and divisions performing exit-entry administration functions shall, by adopting effective measures, continue to improve their service and administration capabilities, conduct law enforcement impartially, provide convenient and efficient services to the people, and maintain a safe and expedite exit-entry order.
Chapter II Exit and Entry by Chinese Citizens
Article 9 Chinese citizens exiting or entering China shall apply for a passport or other travel credentials in accordance with law.
Chinese citizens traveling to other counties or regions shall obtain visas or other entry permits from such other countries or regions, except there is a visa exemption agreement in effect between the Government of China and the governments of such other countries or regions or as otherwise provided for by the Ministry of Public Security or the Ministry of Foreign Affairs.
Chinese citizens exiting or entering China or working on vessels abroad in the capacity of seaman shall apply for a seaman's book in accordance with law.
Article 10 Chinese citizens traveling between the mainland and the Hong Kong Special Administrative Region or the Macao Special Administrative Region and Chinese citizens traveling between the mainland and the Taiwan region shall apply for travel credentials in accordance with law and comply with the relevant provisions of this Law. The specific administrative measures shall be formulated by the State Council.
Article 11 Chinese citizens exiting or entering China shall present their own passports or other travel credentials and other exit-entry credentials to the exit-entry border inspection authorities for verification and comply with the prescribed procedures and may exit or enter China only after being permitted to do so upon verification.
Where the conditions of a port permit, the exit-entry border inspection authorities shall provide dedicated lanes and other facilities for Chinese citizens to exit or enter China.
Article 12 Under any of the following circumstances, a Chinese citizen shall be prohibited from exiting China:
(1) The Chinese citizen does not hold any valid exit-entry credentials or refuses or evades border inspection;
(2) The Chinese citizen has not finished serving a criminal sentence or is the accused or a suspect in a criminal case;
(3) The Chinese citizen is prohibited from exiting China as decided by a people's court for involvement in a pending civil case;
(4) The Chinese citizen has received a criminal penalty for disrupting national border administration or has been repatriated by any other county or region for illegal exit from China, illegal residence or illegal employment and the prescribed period of prohibition from exiting China has not expired;
(5) The Chinese citizen is prohibited from exiting China as decided by the relevant competent department of the State Council because the national security or interest may be compromised; or
(6) Other circumstances as set out by laws and administrative regulations under which the Chinese citizen is prohibited from exiting China.
Article 13 Where a Chinese citizen who has settled down overseas intends to settle down back in China, before entering China, the Chinese citizen shall apply to the embassy or consulate of the People's Republic of China or any other institution stationed overseas as authorized by the Ministry of Foreign Affairs and may also apply in person or through a domestic relative to the overseas Chinese affairs department of the local people's government of the place at or above the county level where the Chinese citizen intends to settle down.
Article 14 Where a Chinese citizen who has settled down overseas needs to provide identification for handling financial, educational, medical, traffic, telecommunication, social insurance, property registration and other matters, the Chinese citizen may provide his or her passport to prove his or her identity.
Chapter III Entry and Exit by Foreign Nationals
Section 1 Visa
Article 15 Foreign nationals intending to enter China shall apply for a visa to the overseas visa issuers except as otherwise provided for by this Law.
Article 16 Visas include diplomatic visa, courtesy visa, service visa, and ordinary visa.
Diplomatic and service visas shall be issued to foreign nationals who enter China for diplomatic or service reasons; and courtesy visas shall be issued to foreign nationals who merit courteous treatment for their special identities. The scopes of issuance and methods for issuance of diplomatic, courtesy and service visas shall be determined by the Ministry of Foreign Affairs.
Ordinary visas of the corresponding type shall be issued to foreign nationals who enter China for reasons other than diplomacy or service, such as work, study, family visit, tourism, business, and talent introduction. The types and methods for issuance of ordinary visas shall be determined by the State Council.
Article 17 The registration items on visas shall include: visa type, name of holder, sex, birth date, entries, valid period of entry, period of stay, date and place of issue, and number of passport or other international travel credentials, among others.
Article 18 To apply for a visa, foreign nationals shall present their passports or other international travel credentials, as well as documentation on cause of application, to the overseas visa issuers and, according to the requirements of the overseas visa issuers, undergo relevant procedures and receive interview.
Article 19 Where a foreign national applying for a visa is required to provide a letter of invitation issued by an entity or individual within the territory of China, the applicant shall provide it according to the requirements of the overseas visa issuer. The entity or individual issuing the letter of invitation shall be responsible for the veracity of the content of invitation.
Article 20 Foreign nationals, who need to enter China urgently for humanitarian reasons, who are invited to enter China for urgent business affairs or urgent engineering repair or who enter China as required for other urgencies and hold certifications on the consent of relevant competent departments to application for visa at ports of entry, may, at the ports of entry approved by the State Council to issue port visas, apply for a port visa to the port visa offices as authorized by the Ministry of Public Security (hereinafter referred to as the “port visa issuers”).
Travel agencies which organize inbound tourism according to the relevant state provisions may apply for a group tourist visa to the port visa issuers.
Foreign nationals who apply for a visa to the port visa issuers shall present their own passports or other international travel credentials, as well as documentation on cause of application, undergo relevant procedures according to the requirements of the port visa issuers, and enter China at the ports of entry where they apply for a visa.
Visas issued by the port visa issuers shall be valid for one entry only, and the period of stay as stated on the visa shall not exceed 30 days.
Article 21 Under any of the following circumstances, no visa shall be issued to a foreign national:
(1) The foreign national has been deported as sentenced or repatriated as decided and the period of prohibition from entering China has not expired;
(2) The foreign national has serious mental disorder, infectious pulmonary tuberculosis or any other infectious disease that may cause serious damage to the public health;
(3) The foreign national may compromise the national security and interest of China, disrupt the public order, or commit other violations of law or criminal offences;
(4) The foreign national makes falsification in the process of visa application or is unable to prove sufficient funds to cover all necessary expenses for his or her period of stay within China;
(5) The foreign national is unable to present relevant documentation as required by the visa issuer; or
(6) Other circumstances under which the visa issuer deems it improper to issue a visa.
Visa issuers need not explain the reasons for their refusal to issue a visa.
Article 22 Under any of the following circumstances, a foreign national may be exempt from a visa:
(1) The foreign national is a person exempt from a visa under a visa exemption agreement signed by the Government of China and the government of another country;
(2) The foreign national holds a valid residence permit for foreign nationals;
(3) The foreign national transits through China to a third country or region with a conjunction ticket by an internationally traveling aircraft, vessel or train and stays within China for not more than 24 hours without leaving the port of entry or stays in a designated area as approved by the State Council without exceeding the prescribed period of stay; or
(4) Other circumstances as set out by the State Council under which the foreign national may be exempt from a visa.
Article 23 Under any of the following circumstances, foreign nationals who need to enter China temporarily shall apply for temporary entry to the exit-entry border inspection authorities:
(1) Foreign seamen and their accompanying family members need to land the city where the harbor is located;
(2) The persons as described in Article 22(3) of this Law need to leave the port of entry; or
(3) The foreign nationals need to enter China temporarily for any force majeure or other urgencies.
The period of temporary entry into China shall not exceed 15 days.
For foreign nationals who apply for temporary entry, the exit-entry border inspection authorities may require them personally, the persons in charge of conveyances carrying them into China or the agencies conducting the business of exit and entry of conveyances to provide necessary assurance.
Section 2 Entry and Exit
Article 24 To enter China, foreign nationals shall present their own passports or other international travel credentials and visas or other entry permits to the exit-entry border inspection authorities for verification and comply with the prescribed procedures and may enter China only after being permitted to do so on upon verification.
Article 25 Under any of the following circumstances, a foreign national shall be prohibited from entering China:
(1) The foreign national does not hold any valid exit-entry credentials or refuses or evades border inspection;
(2) The foreign national falls under any of the circumstances as described in Article 21.1(1) to (4) of this Law;
(3) The foreign national may, after entering China, engage in any activity not in compliance with the type of visa held; or
(4) Other circumstances as set out by laws and administrative regulations under which the foreign national is prohibited from entering China.
The exit-entry border inspection authorities need not explain the reasons for prohibiting a foreign national from entering China.
Article 26 For foreign nationals who are not allowed to enter China, the exit-entry border inspection authorities shall order them to return; and those refusing to return shall be returned compulsorily. During the period of waiting for return, foreign nationals shall not leave the designated area.
Article 27 To exit China, foreign nationals shall present their own passports or other international travel credentials and other exit-entry credentials to the exit-entry border inspection authorities for verification and comply with the prescribed procedures and may exit China only after being permitted to do so on upon verification.
Article 28 Under any of the following circumstances, a foreign national shall be prohibited from exiting China:
(1) The foreign national has not finished serving a criminal sentence or is the accused or a suspect in a criminal case, except for the transfer of sentenced persons under a relevant agreement between China and a foreign country;
(2) The foreign national is prohibited from exiting China as decided by a people's court for involvement in a pending civil case;
(3) The foreign national defaults in paying labor remuneration to workers and is prohibited from exiting China as decided by the relevant department of the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government; or
(4) Other circumstances as set out by laws and administrative regulations under which the foreign national is prohibited from exiting China.
Chapter IV Stay and Residence of Foreign Nationals
Section 1 Stay and Residence
Article 29 Where the period of stay as stated on a visa held by a foreign national is not more than 180 days, the visa holder shall stay in China on the basis of the visa and according to the period of stay as stated on the visa.
Where the period of stay on the visa needs to be extended, the foreign national shall, seven days before the period of stay as stated on the visa expires, apply to the exit-entry administration division of the public security authority of the local people's government of the place at or above the county level where the foreign national stays and submit documentation on cause of application as required. After examination, if the grounds for extension are reasonable and sufficient, extension of the period of stay shall be granted; or if extension of the period of stay is not granted, the foreign national shall exit China on schedule.
Extensions of the period of stay on a visa shall not exceed cumulatively the period of stay as originally stated on the visa.
Article 30 Where the visa held by a foreign national carries an annotation requiring that a residence permit be obtained after entering China, the foreign national shall, within 30 days of entering China, apply for a residence permit for foreign nationals to the exit-entry administration division of the public security authority of the local people's government of the place at or above the county level where the foreign national intends to reside.
To apply for a residence permit for foreign nationals, a foreign national shall present his or her own passport or other international travel credentials, as well as documentation on cause of application, and his or her fingerprints and other human biometric information shall be collected. The exit-entry administration division of the public security authority shall, within 15 days of receiving the application materials, examine the application, make a decision, and, on the basis of the cause of residence, issue a residence permit for foreign nationals of the corresponding type and with the corresponding period of validity.
A residence permit for foreign nationals of the work type shall be valid for 90 days at a minimum and for five years at a maximum; and a residence permit for foreign nationals of a non-work type shall be valid for 180 days at a minimum and for five years at a maximum.
Article 31 Under any of the following circumstances, no residence permit for foreign nationals shall be issued to a foreign national:
(1) The foreign national is not eligible for applying for a residence permit for foreign nationals on the basis of the type of visa held;
(2) The foreign national makes falsification in the process of application;
(3) The foreign national is unable to provide relevant certifications according to legal provisions;
(4) It is improper for the foreign national to reside in China because the foreign national has violated relevant laws and administrative regulations of China; or
(5) Other circumstances under which the issuing authority deems it improper to issue a residence permit for foreign nationals to the foreign national.
Where it is necessary to change the status of a foreign national from stay to residence because the foreign national is a special talent or an investor meeting the state provisions or for humanitarian reasons, the foreign national may apply for a residence permit for foreign nationals with the approval of the exit-entry administration authority of the public security authority of the local people's government at or above the level of a districted city.
Article 32 Where a foreign national residing in China applies for extension of his or her period of residence, the foreign national shall, 30 days before the term of validity of his or her residence permit expires, apply to the exit-entry administration division of the public security authority of the local people's government of the place at or above the county level where the foreign national resides and submit documentation on cause of application as required. After examination, if the grounds for extension are reasonable and sufficient, extension of the period of residence shall be granted; or if extension of the period of residence is not granted, the foreign national shall exit China on schedule.
Article 33 The registration items on the residence permit of a foreign national shall include: name of holder, sex, birth date, cause of residence, period of residence, date and place of issue, and number of passport or other international travel credentials, among others.
Where any of the registration items on the residence permit of a foreign national changes, the holder of the permit shall, within ten days after the change occurs, apply for modification of the registration item to the exit-entry administration division of the public security authority of the local people's government of the place at or above the county level where the foreign national resides.
Article 34 Where a foreign national who has entered China with exemption from a visa needs to stay in China beyond the period of exemption from a visa, a foreign seaman and his or her accompanying family members who stay in China need to leave the city where the harbor is located, or a stay permit for foreign nationals is otherwise required, the foreign national shall apply for a stay permit for foreign nationals according to legal provisions.
A stay permit for foreign nationals shall be valid for 180 days at a maximum.
Article 35 Where, after a foreign national enters China, the ordinary visa or the stay or residence permit held by the foreign national needs to be replaced or reissued for damage, loss, theft, or any other cause as set out by the state, the foreign national shall, according to legal provisions, apply for replacement or reissuance to the exit-entry administration division of the public security authority of the local people's government of the place at or above the county level where the foreign national stays or resides.
Article 36 The decisions of the exit-entry administration divisions of the public security authorities not to grant an extension, replacement or reissuance of an ordinary visa or not to grant a stay or residence permit or an extension of the period of residence shall be final decisions.
Article 37 Foreign nationals who stay or reside in China shall not engage in any activity inconsistent with their cause of stay or residence and shall exit China before the prescribed period of stay or residence expires.
Article 38 Foreign nationals staying or residing in China who have attained the age of 16 shall carry with them their own passports or other international travel credentials or their stay or residence permits for foreign nationals and accept verification by the public security authorities.
A foreign national residing in China shall, within the prescribed time limit, present his or her residence permit for foreign nationals to the public security authority of the local people's government of the place at or above the county where the foreign national reside for verification.
Article 39 Where a foreign national stays in a hotel within China, the hotel shall, according to the public security administration provisions for the hospitality industry, conduct accommodation registration for the foreign national and submit accommodation registration information on the foreign national to the local public security authority.
Where a foreign national lives or stays in a dwelling other than a hotel, the foreign national shall personally, or the provider of such accommodation shall, conduct registration with the public security authority of the place of dwelling within 24 hours after being accommodated.
Article 40 For foreign babies born in China, the parents of such a baby or their agent shall, within 60 days of the birth of the baby, conduct stay or residence registration for the baby with the exit-entry administration division of the public security authority of the local people's government of the place at or above the county level where the parents stay or reside on the basis of the baby's birth certificate.
Where a foreign national dies in China, the family, guardian or agent of the foreign national shall, according to legal provisions, declare the death to and cancel the foreign national's stay or residence credentials with the exit-entry administration division of the public security authority of the local people's government at or above the county level on the basis of the death certificate of the foreign national.
Article 41 To work within China, foreign nationals shall obtain a work permit and a residence permit of the work type according to legal provisions. No entity or individual shall employ foreign nationals who have not obtained a work permit and a residence permit of the work type.
The administrative measures for foreign nationals working within China shall be formulated by the State Council.
Article 42 The human resources and social security department and the foreign experts department of the State Council shall, in conjunction with other relevant departments of the State Council, formulate and regularly adjust a catalogue for guiding foreign nationals working in China on the basis of the needs for economic and social development and the demand and supply status of human resources.
The education department of the State Council shall, in conjunction with other relevant departments of the State Council, establish rules for the administration of work-study foreign students, providing for the scope of jobs under work-study programs and work-study periods of foreign students.
Article 43 Under any of the following circumstances, a foreign national is working illegally:
(1) Working within China without obtaining a work permit and a residence permit of the work type as required;
(2) Working within China beyond the scope specified in a work permit; or
(3) Working within China beyond the prescribed scope of jobs or period in violation of rules for the administration of work-study foreign students, if the foreign national is a foreign student.
Article 44 The public security authorities and the national security authorities may, as required for maintaining the national security or public security, restrict foreign nationals or foreign institutions from establishing residence or office places in certain regions; and may require those already established to be relocated within a prescribed time limit.
Without approval, no foreign nationals may enter areas which foreign nationals are restricted from entering.
Article 45 Entities which employ foreign nationals or admit foreign students shall report relevant information to the local public security authorities according to legal provisions.
Any citizen, legal person or other organization which discovers any illegal entry, illegal residence or illegal employment of foreign nationals shall report it to the local public security authority in a timely manner.
Article 46 Foreign nationals applying for a refugee status may, during the period of identification of their refugee status, stay in China on the basis of a temporary identification issued by the public security authority; and those identified as refugees may stay or reside in China on the basis of a refugee identification issued by the public security authority.
Section 2 Permanent Residence
Article 47 Foreign nationals who have made outstanding contributions to the economic and social development of China or otherwise meet the conditions for permanent residence in China may obtain a permanent residence qualification upon their own applications and approval of the Ministry of Public Security.
The administrative measures for the examination and approval of applications for permanent residence in China of foreign nationals shall be formulated by the Ministry of Public Security and the Ministry of Foreign Affairs in conjunction with other relevant departments of the State Council.
Article 48 Foreign nationals who are qualified for permanent residence in China shall reside and work in China on the basis of their permanent residence credentials and exit and enter China on the basis of their own passports and permanent residence credentials.
Article 49 Under any of the following circumstances, the Ministry of Public Security shall decide to revoke a foreign national's qualification for permanent residence in China:
(1) The foreign national compromises the national security and interest of China;
(2) The foreign national is sentenced to deportation;
(3) The foreign national has obtained his or her qualification for permanent residence in China by falsification or other fraudulent means;
(4) The foreign national has resided in China for a period less than the prescribed period; or
(5) It is otherwise improper for the foreign national to permanently reside in China.
Chapter V Exit-Entry Border Inspection of Conveyances
Article 50 Outbound and inbound conveyances shall undergo border inspection when they depart from or arrive at a port. The entry border inspection of a conveyance shall be conducted at the port where it first arrives; the exit border inspection of a conveyance shall be conducted at the port where it last departs. Under special circumstances, such border inspection may be conducted at a location designated by the relevant competent authority.
Without the permission of the exit-entry border inspection authority under the prescribed procedure, no persons may embark or disembark and no goods or articles may be loaded onto or unloaded from an outbound conveyance after exit inspection is conducted but before it exits China or an inbound conveyance after it enters China but before entry inspection is conducted.
Article 51 The persons in charge of conveyances or the agencies conducting the business of exit and entry of conveyances shall, according to legal provisions, file a prior report with the exit-entry border inspection authorities regarding the time of arrival at and time of departure from a port and the location of stay of inbound or outbound conveyances and faithfully declare information on employees, passengers, goods and articles, among others.
Article 52 The persons in charge of conveyances and the agencies conducting the business of exit and entry of conveyances shall cooperate in the exit-entry border inspection and, upon discovering any violation of this Law, immediately report and assist in investigation and handling.
Where an inbound conveyance carries any persons who are prohibited from entering China, the person in charge of the conveyance shall be responsible for carrying such persons back.
Article 53 The exit-entry border inspection authorities shall, according to legal provisions, conduct monitoring of inbound and outbound conveyances under any of the following circumstances:
(1) During the period after exit border inspection begins but before an outbound conveyance exits China or during the period after an inbound conveyance enters China but before entry border inspection is completed;
(2) During the period of navigation of a foreign vessel on inland waters of China; or
(3) Other circumstances under which monitoring is necessary.
Article 54 Persons who need to embark or disembark a foreign vessel for operations, such as loading or unloading articles or maintenance, visit or other causes shall apply for an embarkation permit to the exit-entry border inspection authority.
Where ship-to-ship operations are necessary between a Chinese vessel and a foreign vessel or between foreign vessels, the shipmaster or the agency conducting the business of exit and entry of conveyances shall apply for ship-to-ship operations to the exit-entry border inspection authority.
Article 55 Foreign vessels and aircrafts shall navigate within China according to the prescribed route or flight course.
Outbound and inbound vessels and aircrafts shall not navigate into areas other than the internationally open ports. Where an inbound or outbound vessel or aircraft enters such an area for any unforeseeable circumstances or a force majeure, it shall immediately report to the nearest exit-entry border inspection authority or local public security authority and accept monitoring and administration.
Article 56 Under any of the following circumstances, a conveyance shall be prohibited from exiting or entering China; and if the conveyance has departed from a port, it may be ordered to return:
(1) The conveyance exits or enters China without verification and permission when departing from or arriving at the port;
(2) The conveyance changes the port of exit or entry without approval;
(3) The conveyance is suspected of carrying any persons prohibited from exiting or entering China, which needs to be verified;
(4) The conveyance is suspected of carrying any articles compromising the national security or interest or disrupting the public order, which needs to be verified; or
(5) The conveyance otherwise refuses administration by the exit-entry border inspection authority.
After the aforesaid circumstances are eliminated, the exit-entry border inspection authority shall immediately release the conveyance involved.
Article 57 Agencies conducting the business of exit and entry of conveyances shall undergo the filing procedure with the exit-entry border inspection authorities. Persons engaging in the agency business shall, through the entities employing them, undergo the filing procedure with the exit-entry border inspection authorities.
Chapter VI Investigation and Repatriation
Article 58 The measures, including on-site questioning, continued questioning, investigation under detention, restricted activities, and repatriation, as provided for in this Chapter shall be implemented by the public security authorities of the local people's governments at and above the county level or the exit-entry border inspection authorities.
Article 59 A person suspected of violating exit-entry administration may be questioned on site; and under any of the following circumstances, continued questioning may be conducted in accordance with law after questioning on site:
(1) The person is suspected of illegally exiting or entering China;
(2) The person is suspected of assisting others in illegally exiting or entering China;
(3) The person, who is a foreign national, is suspected of illegal residence or illegal employment; or
(4) The person is suspected of compromising the national security and interest, disrupting the public order, or any other violation of law or criminal offence.
Questioning on site and continued questioning shall be conducted under the procedures as provided for in the People's Police Law of the People's Republic of China.
The public security authorities of the local people's governments at and above the county level or the exit-entry border inspection authorities shall comply with the relevant provisions of the Public Security Administration Punishment Law of the People's Republic of China when they need to summon persons suspected of violating exit-entry administration.
Article 60 A foreign national under any of the circumstances in Article 59.1 of this Law may be detained for investigation if suspicion cannot be eliminated after questioning on site or continued questioning and further investigation is required.
To implement investigation under detention, a written decision on investigation under detention shall be produced, and interrogation shall be conducted within 24 hours. If it is discovered that the investigation under detention is incorrect, the investigation under detention shall be cancelled immediately.
The period of investigation under detention shall not exceed 30 days; and may be extended to 60 days with the approval of the public security authority of the local people's government or the entry-exit border inspection authority at the next higher level if the case is complicated. For a foreign national whose nationality or identify is unclear, the period of investigation under detention shall be counted from the day when the foreign national's nationality or identity is ascertained.
Article 61 Investigation under detention shall not apply to a foreign national under any of the following circumstances, but the foreign national's activities may be restricted:
(1) The foreign national has any serious disease;
(2) The foreign national is pregnant or is breast-feeding her baby under 12 months;
(3) The foreign national is under 16 or has attained the age of 70; or
(4) It is otherwise improper to apply investigation under detention.
The foreign national whose activities are restricted shall undergo investigation as required and may not leave the designated area without the approval of the public security authority. The period of restriction on activities shall not exceed 60 days. For a foreign national whose nationality or identity is unclear, the period of restriction on activities shall be counted from the day when the foreign national's nationality or identity is ascertained.
Article 62 Under any of the following circumstances, a foreign national may be repatriated:
(1) The foreign national is ordered to exit China within a prescribed time limit but fails to do so;
(2) The foreign national is a person prohibited from entering China;
(3)The foreign national commits illegal residence or illegal employment; or
(4) The foreign national needs to be repatriated for any violation of this Law or any other law or administrative regulation.
Other persons from outside China who fall under any of the circumstances in the preceding paragraph may be repatriated in accordance with law.
Repatriated persons may not enter China within one to five years from the day of repatriation.
Article 63 Persons detained for investigation or whose repatriation has been decided but cannot be executed immediately shall be taken into custody at a detention or repatriation facility.
Article 64 Foreign nationals who oppose to the measure of continued questioning, investigation under detention, restricted activities or repatriation adopted against them according to the provisions of this Law may apply for administrative reconsideration in accordance with law, and the administrative reconsideration decision shall be final.
The preceding paragraph shall also apply to other persons from outside China who oppose to the measure of repatriation adopted against them according to the provisions of this Law and apply for administrative reconsideration.
Article 65 The authority which decides that a person is prohibited from exiting or entering China shall notify the exit-entry border inspection authority in a timely manner according to legal provisions; and, after the circumstances causing the prohibition from exit or entry are eliminated, shall revoke its decision on prohibition from exit or entry and notify the exit-entry border inspection authority in a timely manner.
Article 66 As required for maintaining the national security and the order of exit-entry administration, the exit-entry border inspection authorities may, when necessary, conduct a personal search for persons exiting or entering China. A personal search shall be conducted by two border inspectors of the same sex as the person subject to the search.
Article 67 Where any exit or entry credentials, such as a visa or a stay or residence permit for foreign nationals, are damaged, lost or stolen or it is discovered after issuance that the holder of such credentials does not meet the conditions for issuance, the issuing authority shall declare such exit or entry credentials to be null and void.
Exit or entry credentials which are forged, tampered, obtained by fraud, or declared by the issuing authority to be null and void shall be invalid.
The public security authorities may cancel or capture exit or entry credentials as set out in the preceding paragraph or used fraudulently by others.
Article 68 The public security authorities may impound conveyances used for organizing, transporting or assisting others to illegally exit or enter China, as well as necessary articles as evidence in a case.
The public security authorities shall impound the captured contraband, documents or data involving national securities, and instruments for conducting activities that violate exit-entry administration, among others, and dispose of them according to the provisions of relevant laws and administrative regulations.
Article 69 The authenticity of exit or entry credentials shall be identified by the issuing authorities, the exit-entry border inspection authorities, and the exit-entry administration divisions of the public security authorities.
Chapter VII Legal Liability
Article 70 The administrative punishment as provided for in this Chapter shall be decided by the public security authorities of the local people's governments at and above the county level or the exit-entry border inspection authorities, except as otherwise provided for in this Chapter; but a warning or a fine of not more than 5,000 yuan may be decided by the exit-entry administration divisions of the public security authorities of the local people's governments at and above the county level.
Article 71 For any of the following conduct, a fine of not less than 1,000 yuan but not more than 5,000 yuan shall be imposed; or if the circumstances are serious, detention for not less than five days but not more than ten days shall be imposed and a fine of not less than 2,000 yuan but not more than 10,000 yuan may be imposed concurrently:
(1) Exit or entry of China with any forged, tampered or fraudulently obtained exit or entry credentials;
(2) Exit or entry of China by fraudulently using any exit or entry credentials of others;
(3) Evasion of exit-entry border inspection; or
(4) Otherwise illegally exiting or entering China.
Article 72 Whoever assists others to illegally exit or enter China shall be fined not less than 2,000 yuan but not more than 10,000 yuan; or if the circumstances are serious, shall be detained for not less than ten days but not more than 15 days and be fined not less than 5,000 yuan but not more than 20,000 yuan, and any illegal income shall be confiscated.
If an entity commits an act as described in the preceding paragraph, the entity shall be fined not less than 10,000 yuan but not more than 50,000 yuan, with any illegal income confiscated, and the directly responsible person in charge of the entity and other directly liable persons shall be punished under the preceding paragraph.
Article 73 Whoever obtains a visa, a stay or residence permit, or other exit or entry credentials by falsification or other fraudulent means shall be fined not less than 2,000 yuan but not more than 5,000 yuan; or if the circumstances are serious, shall be detained for not less than ten days but not more than 15 days and be fined not less than 5,000 yuan but not more than 20,000 yuan concurrently.
If an entity commits an act as described in the preceding paragraph, the entity shall be fined not less than 10,000 yuan but not more than 50,000 yuan, and the directly responsible person in charge of the entity and other directly liable persons shall be punished under the preceding paragraph.
Article 74 Whoever issues a letter of invitation or any other application material in violation of this Law shall be fined not less than 5,000 yuan but not more than 10,000 yuan, with any illegal income confiscated, and be ordered to assume the exit expenses of the invited foreign national.
If an entity commits an act as described in the preceding paragraph, the entity shall be fined not less than 10,000 yuan but not more than 50,000 yuan, with any illegal income confiscated, and be ordered to assume the exit expenses of the invited foreign national, and the directly responsible person in charge of the entity and other directly liable persons shall be punished under the preceding paragraph.
Article 75 Where a Chinese citizen illegally travels to another county or region after exiting China and is repatriated, the exit-entry border inspection authority shall capture his or her exit and entry credentials, and the authorities issuing exit and entry credentials shall not issue any exit or entry credentials to him or her within six months to three years from the day of repatriation.
Article 76 Under any of the following circumstances, a warning shall be imposed and a fine of not more than 2,000 yuan may be imposed concurrently on a foreign national or other party concerned:
(1) The foreign national refuses verification of his or her exit or enter credentials by the public security authority;
(2) The foreign national refuses to present his or her residence permit for verification;
(3) The birth registration or death declaration of a foreign national is not conducted according to legal provisions;
(4) An application for modification of any registration item on a residence permit for foreign nationals is not filed according to legal provisions;
(5) The foreign national within China fraudulently uses the exit or entry credentials of others; or
(6) Registration is not conducted under Article 39.2 of this Law.
A hotel which fails to conduct accommodation registration of a foreign national according to legal provisions shall be punished according to the relevant provisions of the Public Security Administration Punishment Law of the People's Republic of China; a hotel which fails to submit accommodation registration information on a foreign national to the public security authority shall be warned; and if the circumstances are serious, such a hotel may be fined not less than 1,000 yuan but not more than 5,000 yuan.
Article 77 Foreign nationals who enter without approval areas which foreign nationals are restricted from entering shall be ordered to leave immediately; or if the circumstances are seriously, shall be detained for not less than five days but not more than ten days. The written records, audio and video recordings, electronic data and other articles illegally obtained by such foreign nationals shall be captured or destroyed, and instruments used by them shall be captured.
A foreign national or foreign institution which, in violation of this Law, refuses to execute a decision of the public security authority or the national security authority ordering relocation within a prescribed time limit shall be warned and subject to compulsory relocation; and if the circumstances are serious, the relevant liable persons shall be detained for not less than five days but not more than 15 days.
Article 78 A foreign national who illegally resides in China shall be warned; and if circumstances are serious, shall be fined 500 yuan for each day of illegal residence but not more than 10,000 yuan in total or be detained for not less than five days but not more than 15 days.
Where a foreign national under 16 illegally resides in China because his or her guardian or any other person assuming guardianship fails to the perform a guardian's obligations, the guardian or other person assuming guardianship shall be warned and may be fined not more than 1,000 yuan concurrently.
Article 79 Whoever accommodates or harbors a foreign national illegally entering China or illegally residing in China, assists a foreigner national illegally entering China or illegally residing in China to evade inspection, or illegally provides a foreign national illegally residing in China with any exit or entry credentials shall be fined not less than 2,000 yuan but not more than 10,000 yuan; or if the circumstances are serious, shall be detained for not less than five days but not more than 15 days and be fined not less than 5,000 yuan but not more than 20,000 yuan, with any illegal income confiscated.
If an entity commits an act as described in the preceding paragraph, the entity shall be fined not less than 10,000 yuan but not more than 50,000 yuan, with any illegal income confiscated, and the directly responsible person in charge of the entity and other directly liable persons shall be punished under the preceding paragraph.
Article 80 A foreign national who is illegally employed shall be fined not less than 5,000 yuan but not more than 20,000 yuan; or if the circumstances are serious, shall be detained for not less than five days but not more than 15 days and be fined not less than 5,000 yuan but not more than 20,000 yuan concurrently.
An individual who provides reference for illegal employment of foreign nationals shall be fined 5,000 yuan for each illegal reference but not more than 50,000 yuan in total; an entity which provides reference for illegal employment of foreign nationals shall be fined 5,000 yuan for each illegal reference but not more than 100,000 yuan in total; and any illegal income shall be confiscated.
Whoever illegally employs foreign nationals shall be fined 10,000 yuan for each illegal employment but not more than 100,000 yuan in total; and any illegal income shall be confiscated.
Article 81 Foreign nationals who engage in any activity inconsistent with their cause of stay or residence or otherwise violate Chinese laws and administrative regulations, causing their continuing stay or residence in China to be improper, may be ordered to exit China within a prescribed time limit.
Foreign nationals who violate this Law with serious circumstances may be deported as decided by the Ministry of Public Security if the violation does not constitute a crime. The punishment decision of the Ministry of Public Security shall be final.
Deported foreign nationals shall be prohibited from entering China within ten years from the day of deportation.
Article 82 Under any of the following circumstances, a warning shall be imposed and a fine of not more than 2,000 yuan may be imposed concurrently:
(1) The order of administration of the restricted areas of a port is disrupted;
(2) A foreign seaman and his or her accompanying family members land without undergoing the temporary entry application procedure; or
(3) A person embarks and disembarks a foreign vessel without undergoing the embarkation permit application procedure.
A violator of item (1) of the preceding paragraph may be detained for not less than five days but not more than ten days if the circumstances are serious.
Article 83 The person in charge of a conveyance under any of the following circumstances shall be fined not less than 5,000 yuan but not more than 50,000 yuan:
(1) The conveyance exits or enters China without verification and permission or changes the port of exit or entry without approval;
(2) The person in charge of the conveyance fails to faithfully declare information on employees, passengers, goods and articles, among others, or refuses to cooperate in the exit-entry border inspection; or
(3) Persons embark or disembark or goods or articles are loaded onto or unloaded from the conveyance in violation of the exit-entry border inspection provisions.
Where an outbound or inbound conveyance exits or enters China, carrying any persons who are prohibited from exiting or entering China, a fine of not less than 5,000 yuan but not more than 10,000 yuan for each such person carried shall be imposed. If the person in charge of the conveyance is able to prove that reasonable precautions have been implemented, the person in charge may be subject to a reduced punishment or be exempt from punishment.
Article 84 The person in charge of a conveyance under any of the following circumstances shall be fined not less than 2,000 yuan but not more than 20,000 yuan:
(1) Ship-to-ship operations are conducted without approval between a Chinese vessel and a foreign vessel or between foreign vessels;
(2) A foreign vessel or aircraft fails to navigate within China according to the prescribed route or flight course; or
(3) An outbound or inbound vessel or aircraft navigates into an area other than an internationally open port in violation of legal provisions.
Article 85 Personnel performing the functions of entry-exit administration shall be subject to disciplinary actions in accordance with law for any of the following conduct:
(1) The personnel issue visas, stay or residence permits for foreign nationals and other exit and entry credentials to foreign nationals who do not meet the prescribed conditions, in violation of laws and administrative regulations;
(2) The personnel permit, after verification, persons or conveyances which do not meet the prescribed conditions to exit or enter China, in violation of laws and administrative regulations;
(3) The personnel divulge any party's personal information known in exit-entry administration, infringing upon the lawful rights and interests of the party;
(4) The personnel fail to turn over, according to legal provisions, fees and fines collected or illegal income or property confiscated in accordance with law to the state treasury;
(5) The personnel distribute in private, embezzle, or misappropriate money and property from fines, confiscation and impoundment or fees collected; or
(6) The personnel abuse powers, neglect duties, make falsification for favoritism or personal gain, or otherwise fail to perform their statutory duties in accordance with law.
Article 86 Where a fine of not more than 500 yuan is imposed for a violation of exit-entry administration, the exit-entry border inspection authorities may make the punishment decision on site.
Article 87 Where a fine is imposed for a violation of exit-entry administration, the punished person shall pay the fine at a designated bank within 15 days of receiving a written punishment decision. If the punished person has no fixed local residence and execution of the fine at a later time not on site is difficult or payment of the fine to a designated bank at a port is difficult, the fine may be collected on site.
Article 88 Whoever is suspected of a crime for any violation of this Law shall be subject to criminal liability.
Chapter VIII Supplemental Provisions
Article 89 For the purposes of this Law:
“Exit” means a travel from Chinese mainland to any other country or region, from Chinese mainland to the Hong Kong Special Administrative Region or the Macao Special Administrative Region, or from Chinese mainland to the Taiwan region.
“Entry” means a travel from any other country or region into Chinese mainland, from the Hong Kong Special Administrative Region or the Macao Special Administrative Region into Chinese mainland, or from the Taiwan region into Chinese mainland.
“Foreign national” means a person without the nationality of China.
Article 90 With the approval of the State Council, provinces and autonomous regions bordering on adjacent countries may formulate local regulations and local governmental rules in accordance with a border administration agreement signed by China and a relevant country to provide for the travel of residents in the bordering regions of both countries.
Article 91 Where other laws provide otherwise for the administration of entry, exit, stay and residence of members of the diplomatic missions or consulates in China of foreign countries, as well as other foreign nationals enjoying privileges and immunities, such other laws shall apply.
Article 92 Foreign nationals who apply for a visa, a stay or residence permit for foreign nationals and other exit and entry credentials or apply for an extension or modification of such credentials shall pay visa fees and credential fees as required.
Article 93 This Law shall come into force on July 1, 2013. The Foreign National Entry-Exit Administration Law of the People's Republic of China and the Citizen Exit-Entry Administration Law of the People's Republic of China shall be repealed concurrently.