Administrative Regulations of the People's Republic of China on Entry and Exit of Aliens

Order of the State Council of the People's Republic of China No. 637

July 12, 2013

The Administrative Regulations of the People's Republic of China on Entry and Exit of Aliens that were adopted at the 15th executive meeting of the State Council on July 3, 2013 are hereby promulgated and effective as of September 1, 2013.

Premier: Li Keqiang

Administrative Regulations of the People's Republic of China on Entry and Exit of Aliens

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on the Administration of Exit and Entry (hereinafter referred to as the "Law of Exit and Entry Administration") in order to regulate the issue of visas and the services and administration of aliens that stay and reside in the territory of China.

Article 2 The State shall establish a coordination mechanism for the exit and entry services and administration of aliens and strengthen the arrangement, coordination and assistance in the entry and exit services and administration of aliens.
People's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish a coordination mechanism for the entry and exit services and administration of aliens according to needs, strengthen information exchange and coordination and assistance, and duly carry out the entry and exit services and administration of aliens within the administrative area.

Article 3 The Ministry of Public Security along with the relevant department of the State Council shall establish an information platform for the entry and exit services and administration of aliens to realize information sharing.

Article 4 In the administration of the issue of visas and the stay and residence in the territory of China, the Ministry of Foreign Affairs, the Ministry of Public Security and other departments of the State Council shall provide information on the administrative laws and regulations of entry and exit of aliens and other information aliens are required to know on departmental portals and venues accepting applications for exit and entry documents.

Chapter II Types and Issue of Visas

Article 5 The scope of the issue and procedures for the issue of diplomatic visas, courtesy visas and service visas shall be formulated by the Ministry of Foreign Affairs.

Article 6 General visas shall be divided into the following types and the corresponding Chinese pinyin alphabets shall be indicated clearly on visas:
1. C visas, issued to international train stewards, international aircraft crew members, international vessel crew members that perform steward, aviation and shipping duties and the family members of vessel crew members, and vehicle drivers that engage in international road transport.
2. D visas, issued to persons that enter into the territory for permanent residence.
3. F visas, issued to persons that enter into the territory for exchange, visit and field study, etc.
4. G visas, issued to persons in transit to China.
5. J1 visas, issued to foreign resident correspondents that reside in news institutions in China; J2 visas, issued to foreign reports that enter into the territory for short-term news reporting.
6. L visas, issued to persons that enter into the territory for travel; where persons enter into the territory in group for travel, L visas for group tours may be issued.
7. M visas, issued to persons that enter into the territory for commercial and trading activities.
8. Q1 visas, issued to family members of Chinese citizens and family members of aliens with permanent residence status in China that apply for entry for residence on the grounds of family reunion, and persons that apply for entry for residence on the grounds of foster care; Q2 visas, issued to relatives of Chinese citizens living in the territory of China and relatives of aliens with permanent residence status in China that apply for entry for short-term visits to relatives.
9. R visas, issued to foreign high-level skilled personnel required by the State and specialist personnel in shortage that are urgently needed.
10. S1 visas, issued to the spouse, parents, children under the age of 18 and parents of the spouse of aliens residing in the territory of China for work or study that apply for entry for long-term visits to relatives, and persons that are required to reside in the territory of China for other personal matters; S2 visas, issued to family members of aliens staying and residing in the territory of China for work or study that apply for short-term visits to relatives; and persons that are required to stay in the territory of China for other personal matters.
11. X1 visas, issued to persons that apply for long-term study in the territory of China; X2 visas, issued to persons that apply for short-term study in the territory of China.
12. Z visas, issued to persons that apply for working in the territory of China.

Article 7 An alien that applies for visas shall complete the application form, submit his passport or other international travel document and photographs and the materials relevant to the reason for application in compliance with provisions.
1. To apply for C visas, guarantee letter issued by a foreign transport company or invitation letter issued by the relevant unit in the territory of China shall be submitted.
2. To apply for D visas, confirmation of the permanent residence status of aliens issued by the Ministry of Security shall be submitted.
3. To apply for F visas, invitation letter issued by the invitation party in the territory of China shall be submitted.
4. To apply for G visas, the confirmed date and seat of interline plane (vehicle, ship) ticket of the visiting country (region) shall be submitted.
5. To apply for J1 and J2 visas, the examination and approval procedures shall be performed, and the relevant application materials shall be submitted according to the provisions on news reporting by foreign resident news institutions in China and foreign reporters.
6. To apply for L visas, materials such as travel plan and itinerary arrangement shall be submitted as requested. To enter into the territory in group for travel, invitation letter issued by the travel agency shall also be submitted.
7. To apply for M visas, invitation letter issued by the commercial and trade cooperation party in the territory of China shall be submitted as requested.
8. To apply for Q1 visas, where the application for residence is made for family reunion, invitation letter issued by the Chinese citizens living in the territory of China or the aliens with permanent residence status and the proof of family member relationship shall be submitted; where the application for entry is made for foster care, supporting materials such as the power of attorney shall be submitted. To apply for Q2 visas, supporting materials such as invitation letter issued by the Chinese citizens living in the territory of China or aliens with permanent residence status shall be submitted according to provisions.
9. To apply for R visas, the conditions and requirements for attraction of foreign high-level skilled personnel and specialist personnel in shortage that are urgently needed determined by the competent department of the Chinese government shall be fulfilled, and the corresponding supporting materials shall be submitted according to provisions.
10. To apply for S1 and S2 visas, invitation letter issued by the aliens staying and residing in the territory of China for work or study and the proof of family member relationship, or the supporting materials required for entry into the territory for handling personal matters shall be submitted as requested.
11. To apply for X1 visas, admission letter issued by the recruitment entity and the supporting materials issued by the competent department shall be submitted according to provisions. To apply for X2 visas, supporting materials such as the admission letter issued by the recruitment party shall be submitted according to provisions.
12. To apply for Z visas, supporting materials such as work permit shall be submitted according to provisions.
The visa authority shall request aliens to submit other application materials subject to specific circumstances.

Article 8 In any of the following circumstances, aliens shall accept an interview as requested by the resident visa authority:
1. Application for entry for residence;
2. Further verification is required for personal identity information and entry reason;
3. Previous record of denial of entry or exit within a time limit;
4. Other circumstances in which interview is necessary.
Where the resident visa authority requires to verify information with the relevant department or unit in the territory of China for the issue of visas, the relevant department or unit in the territory of China shall provide assistance.

Article 9 Where the visa authority considers that the requirements for the issue of visa are fulfilled after examination, the corresponding type of visas shall be issued. Where the residence document is required for handling after entry into the territory, the visa authority shall specify on the visa the time limit for handling the residence document after entry into the territory.

Chapter III Stay and Residence Administration

Article 10 After entry into the territory on the strength of visa, where the reason for stay may be changed or entry convenience may be given according to State provisions, or where a new passport is used, or where there is a need to stay separately from the group after entry into the territory on the strength of a group visa due to objective reason, an alien may apply for the change of visa with the exit and entry administration institution of the public security authority of the people's government at the county level or above at the place of stay.

Article 11 Where the visa of an alien in the territory of China is lost, damaged or stolen, he shall immediately apply for the re-issue of visa with the exit and entry administration authority of the public security authority of the people's government at the county level at the place of stay.

Article 12 Where an alien applies for the extension, replacement or re-issue of visa or applies for handling the document for stay, he shall complete an application form, submit his passport or other international travel document and photographs and the materials relevant to the reason for application in compliance with provisions.

Article 13 Where the application for the extension, replacement or re-issue of visa or the application for the document of stay comply with the acceptance provisions, the exit and entry administration institution of the public security authority shall issue an acceptance reply slip with a validity period of not exceeding seven days, and make a decision on whether or not a visa is issued within the validity period of the acceptance reply slip.
Where the procedures or materials for application for the extension, replacement or re-issue of visa or application of handling the document of stay do not comply with provisions, the exit and entry administration institution of the public security authority shall inform the applicant of the procedures that must be performed and the application materials that must be supplemented at one time.
Where the passport or other international travel document of the applicant is retained due to the handling of document, the applicant may lawfully stay in the territory of China on the strength of the reply slip.

Article 14 Where the exit and entry administration institution of the public security authority makes the decision on extending the period of stay of the visa, it shall only apply to this entry without affecting the frequency of entry and the validity period of entry on the visa, and the accumulated extension of the period of stay shall not exceed the period of stay indicated on the original visa.
After the extension of the period of stay of the visa, the alien shall stay according to the reasons prescribed in the original visa and the extension of the period.

Article 15 Residence documents shall be classified into the following types:
1. Residence documents for work shall be issued to persons working in the territory of China;
2. Residence documents for study shall be issued to persons pursuing long-term study in the territory of China;
3. Residence documents for reporters shall be issued to foreign resident correspondents residing in news institutions of China;
4. Residence documents for reunion shall be issued to family members of Chinese citizens residing in the territory of China and family members of aliens with permanent residence status in China on the grounds of family reunion, and persons residing in the territory of China on the grounds of foster care;
5. Residence documents for personal matters shall be issued to the spouse, parents, children under the age of 18 and parents of the spouse of aliens residing in the territory of China for work or study that enter into the territory for long-term visits to relatives, and persons that are required to reside in the territory of China for other personal matters.

Article 16 Where an alien applies for handling residence documents for aliens, he shall submit his passport or other international travel document and photographs and the materials relevant to the reason for application in compliance with provisions, and go to the exit and entry administration institution of the public security authority of the people's at the county level or above at the place of residence for handling the relevant procedures, and leave fingerprints or other human biological identification information.
1. Residence documents for work, supporting materials such as work permit shall be submitted; where he is a foreign high-level skilled personnel required by the State or specialist personnel in shortage that is urgently needed, he shall submit the relevant supporting materials according to provisions.
2. Residence documents for study, supporting materials such as the letter in which the period of study is indicated issued by the recruitment entity according to provisions.
3. Residence documents for reporters, the letter issued and the reporter permit verified by the relevant competent department shall be submitted.
4. Residence documents for reunion, where residence in the territory of China is required for family reunion, the proof of family member relationship and the supporting materials relevant to the reason for application shall be submitted. Where residence in the territory of China is required for foster care, supporting materials such as the power of attorney shall be submitted.
5. Residence documents for personal matters, for long-term visits to relatives, the proof of relative relationship and supporting materials such as the residence document of the host shall be submitted as requested. For entry into the territory for handling personal mattes, the relevant supporting materials required for entry into the territory for handling personal matters shall be submitted.
Where an alien applies for a residence document with a validity period of more than one year, health documents shall be submitted according to provisions. Health documents shall be valid within six months of the date of issue.

Article 17 Where an alien applies for handling the extension, replacement and re-issue of residence document, he shall complete the application form, submit his passport or other international travel document and photographs and the materials relevant to the reason for application in compliance with provisions.

Article 18 Where the application for residence document or for extension, replacement or re-issue of residence document of an alien comply with the acceptance provisions, the exit and entry administration institution of the public security authority shall issue an acceptance reply slip with a validity period of not exceeding 15 days, and make a decision on whether or not a visa is issued within the validity period of the acceptance reply slip.
Where the procedures or materials for application for the extension, replacement or re-issue of visa or application of handling the document of stay of an alien do not comply with provisions, the exit and entry administration institution of the public security authority shall inform the applicant of the procedures that must be performed and the application materials that must be supplemented at one time.
Where the passport or other international travel document of the applicant is retained due to the handling of document, the applicant may lawfully stay in the territory of China on the strength of the reply slip.

Article 19 Where an alien that applies for the extension, replacement or re-issue of visa or residence document or applies for handling the document of stay is in any of the following circumstances, an application may be made by the invitation party or an individual or relatives of the applicant or the relevant specialized service institution on his behalf:
1. Under the age of 16 or reaching the age of 60 and physically immobile due to sickness, etc.;
2. Entry into the territory more than once with good records of stay or residence in the territory of China; or
3. Provision of guarantee measures for the fees required in the territory of China by the invitation party or individual to the alien.
Where an alien applies for residence document, he is a foreign high-level skilled personnel required by the State, a specialist personnel in shortage that are urgently needed and he is in any of the circumstances in Item 1 of the preceding paragraph, an application may be made by the invitation party or an individual or relatives of the applicant or the relevant specialized service institution on his behalf.

Article 20 The exit and entry administration institution of the public security authority may verify the truthfulness of the reason for application by means of interview, telephone enquiry or on-site investigation, the applicant and the party or individual that issues the invitation letter or supporting materials shall provide assistance.

Article 21 Where an alien is in any of the following circumstances, the exit and entry administration institution of the public security authority shall not approve the extension, replacement or re-issue of visa or residence document or issue the document of stay:
1. Failure to provide application materials according to provisions;
2. Making falsehood in the process of application;
3. Violation of the relevant laws and administrative regulations of China and unfit for stay or residence in the territory of China; or
4. Approval of the extension, replacement or re-issue of visa or residence document or approval of other circumstances of the issue of the document for stay is undesirable.

Article 22 Where an alien holding residence document for study is required to work outside school in support of his study or internship, upon the consent of his school, he shall apply for the annotation of information such as the place and period for work in support of his study or internship with the exit and entry administration institution of the public security authority.
Where the residence document of an alien holding residence document for study does not annotate the information prescribed in the preceding paragraph, he shall not work outside school in support of his study or internship.

Article 23 Where an alien does not hold a valid passport or international travel document because of loss, damage or stealing of the document and fails to re-apply with the relevant institution of his country resident in China, he may apply for handling exit procedures with the exit and entry administration institution of the public security authority of the people's government at the county level at the place of stay or residence.

Article 24 Where an alien holds the exit or entry document in which the area of stay is indicated or an alien is allowed for temporary entry by the exit and entry border inspection authority with restricted area of stay, he shall stay in the restricted area.

Article 25 An alien in any of the following circumstances in the territory of China resides illegally:
1. Stays or resides beyond the period of stay or residence prescribed in the visa or the document of stay or residence;
2. Enters into the territory with visa exemption and stays beyond the period of visa exemption without handling the document of stay or residence;
3. Acts in areas beyond the prescribed areas of stay or residence;
4. Other circumstances of illegal residence.

Article 26 Where an entity employing aliens for work or admitting overseas students discovers any of the following circumstances, it shall immediately report to the exit and entry administration institution of the public security authority of the people's government at the county level or above at the place it is located:
1. Vacation of office or change of working location of the alien employed;
2. Graduation, completion of study, non-completion of study, drop out of the overseas student admitted and departure from the original admission entity;
3. The alien employed or overseas student admitted violates exit and entry administration;
4. Death or missing of the alien employed or overseas student admitted.

Article 27 Financial, education, medical and telecommunications entities that are required to verify the identity information of aliens may apply for the verification of the exit and entry administration institution of the public security authority.

Article 28 The issue and administration of visas for the stay or residence of a in the territory of China due to diplomatic or service reasons shall follow the provisions of the Ministry of Foreign Affairs.

Chapter IV Investigation and Repatriation

Article 29 The public security authority may set up a repatriation center according to actual needs.
Where an alien is detained and examined according to Article 60 of the Law of Exit and Entry Administration, the alien subject to detention and examination shall be sent to the detention center or repatriation center within 24 hours.
Where immediate removal or deportation is impossible due to weather or health conditions of the party, the alien shall be detained in the detention center or repatriation center on the strength of the relevant legal instrument.

Article 30 Where the activity areas of an alien are restricted according to Article 61 of the Law of Exit and Entry Administration, the decision on restricted activity areas shall be issued. The alien subject to restricted activity areas shall report to the public security authority at the prescribed time. No change to the domicile or departure from the restricted areas is allowed without the approval of the decision-making authority.

Article 31 Where an alien is removed according to Article 62 of the Law of Exit and Entry Administration, the authority that makes the removal decision shall determine the specific period of refusal of entry of the alien subject to removal.

Article 32 The fees incurred by the removal of alien shall be borne by his own. If he cannot afford the payment and engages in illegal employment, the fees shall be borne by the entity or individual that engages in illegal employment. In other circumstances, the fees shall be borne by the entity or individual that provides guarantee measures to the stay or residence of the alien in the territory of China.
The removal of an alien shall be executed by the public security authority or exit and entry border inspection authority of the people's government at the county level or above.

Article 33 Where a decision on exit within a time limit of an alien is made, the decision-making authority shall handle the procedures of stay and prescribe the time limit of exit after the cancellation or collection of his original exit or entry document. The maximum time limit for of exit shall not exceed 15 days.

Article 34 In any of the following circumstances, the visa or the document of stay or residence held by an alien shall be declared void by the issuing authority:
1. Where the visa or the document of stay or residence is damaged, lost or stolen;
2. Where a decision is made on exit within a time limit, removal or deportation, the visa or the document of stay or residence is not collected or cancelled;
3. Where there is a change to the original reason for residence, and no declaration is made to the exit and entry administration authority under the public security authority within the prescribed time limit and no declaration is made after announcement by the public security authority;
4. Where the alien is in the circumstances of non-issue of visa or the document of stay or residence according to Articles 21 and 31 of the Law of Exit and Entry Administration.
Where the issuing authority lawfully declares that the visa or the document of stay or residence is void, it may make the declaration on the spot or by means of public announcement.

Article 35 Where the visa or the document of stay or residence of an alien is under any of the following circumstances, the public security authority shall cancel or collect the visa or the document of stay or residence:
1. Where it is declared void by the issuing authority or used by other persons;
2. Where it is illegally obtained by means of falsification, forgery, deception or other means;
3. Where a decision on exit within a time limit, removal or deportation is made on the holder.
The authority that makes the cancellation or collection decision shall timely inform the issuing authority.

Chapter V Legal Liability

Article 36 The meanings of the following terms of these Regulations are:
1. Frequency of entry on the visa means the number of times a holder is allowed to enter into the territory within the validity period of entry on the visa.
2. The validity period of entry on the visa means the valid time limit a holder is allowed to enter into the territory on the strength of the visa. The visa shall be valid from the date of issue without indication by the issuing authority, and expire at the 24:00 of Beijing time on the date of expiry of the validity period.
3. The period of stay of the visa means the period a holder is allowed to stay in each entry, and calculated from the next date of entry.
4. Short-term means staying in the territory of China for not more than 180 days (including 180 days).
5. Long-term or resident means living in the territory of China for more than 180 days.
The examination and approval period and the validity period of the acceptance reply slip of the exit and entry administration institution of the public security authority prescribed in these Regulations shall be calculated in working days, excluding statutory and festive holidays.

Article 37 With the approval of the Ministry of Foreign Affairs, resident visa issuing authorities may entrust the relevant local institution to handle the receipt, input, enquiry and other services of the visa applications of aliens.

Article 38 The format of visas shall be formulated by the Ministry of Foreign Affairs and the Ministry of Public Security. The format of the document of stay or residence shall be formulated by the Ministry of Public Security.

Article 39 These Regulations shall come into effect as of September 1, 2013. TheImplementing Rules of the Law of the People's Republic of China on the Control of the Entry and Exit of Aliens approved by the State Council on December 3, 1986, promulgated by the Ministry of Public Security and the Ministry of Foreign Affairs on December 27, 1986, revised by the State Council on July 13, 1994 and April 24, 2010 shall be repealed simultaneously.