LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE
CONTROL OF FOREIGNERS ENTERING AND LEAVING THE
COUNTRY

 (Adopted November 22, 1985 at the 13th Session of
the Standing Committee of the 6th National
People's Congress.)

 

 

SUBJECT: ENTRY & EXIT OF FRONTIER

ISSUING-DEPT: STANDING COMMITTEE OF PEOPLE'S CONGRESS

ISSUE-DATE: 11/22/1985

IMPLEMENT-DATE: 02/01/1986

LENGTH: 1896 words

TEXT:

CHAPTER I GENERAL PROVISIONS

[Article 1] This Law is enacted for the purpose of safeguarding the sovereignty, security and social order of the People's Republic of China and in the interest of the development of international exchanges.

This Law shall apply to foreigners entering, leaving and passing through the People's Republic of China or residing and travelling in China.

[Article 2] Foreigners entering, leaving and passing through China or residing in China are required to obtain permission from the competent authorities of the Chinese Government.

[Article 3] Foreigners entering, leaving and passing through China are required to do so through the ports open to foreigners or designated ports and accept inspection by the frontier inspection bodies.

Foreign means of transport entering, leaving and passing through China shall pass through ports open to foreigners or designated ports and accept the inspection and supervision by the frontier inspection bodies.

[Article 4] The legal rights and interests of foreigners in China shall be protected by the Chinese Government.

The personal freedom of foreigners shall not be violated and foreigners shall not be arrested unless the arrest is approved or decided by the people's procuratorate or decided by a People's Court and carried out by a public security or State security body.

[Article 5] Foreigners in China are required to observe the laws of China and shall not be permitted to endanger Chinese national security, harm the social public interest, or violate the public order of the country.

[Article 6] Foreigners wishing to enter China should apply for visas at a Chinese diplomatic mission, consulate or other body in a foreign country authorised by the Ministry of Foreign Affairs.  Under special circumstances, they may also, in accordance with the stipulations of the State Council, apply to the visa authorities at ports designated by the Chinese Government authorities in charge of visas.

Entry visas for nationals of countries which have signed visa agreements with the Chinese Government shall be handled in accordance with such agreements.

Where a foreign country has special regulations relating to entry by Chinese citizens,the competent authorities of the Chinese government may, according to the circumstances, adopt corresponding measures.

Foreigners with onward tickets who are transitting directly through China on international flights and who spend less than 24 hours in China without leaving the airport shall not require visas.  Those wanting to leave the airport temporarily must obtain the approval of the frontier inspection bodies.

[Article 7] Foreigners applying for the various types of visa are required to submit a valid passport and other relevant documents if necessary.

[Article 8] Foreigners invited or employed to work in China should present documentary evidence of their invitation or employment when applying for visas.

[Article 9] Foreigners who intend to settle in China are required to present a "Confirmation of Domiciliary Status" form when applying for a visa.  The applicant should apply for the form to the public security authorities of the place where he or she intends to domicile.

[Article 10] The competent authorities of the Chinese Government will issue appropriate visas on the merits of the entry applications of foreigners.

[Article 11] When aircraft or ships engaged in international navigation arrive at Chinese ports, the captain of the aircraft, captain of the ship or their agent shall submit a name list of the passengers to the frontier inspection authorities.  In the case of foreign aircraft or ships, a name list of the flight crew or ship's crew shall also be submitted.

[Article 12] Foreigners considered to be persons who might endanger the security of the State or the social order of China shall not be allowed to enter the country.

CHAPTER III RESIDENCE

[Article 13] Foreigners residing in China must hold an identity card or residence permit issued by the competent authorities of the Chinese Government.

The period of validity of the identity card or residence permit shall be fixed according to the particulars of entry.

Foreigners residing in China shall, within the prescribed time, submit the documents to the local public security authorities for examination.

[Article 14] Foreigners who, in accordance with Chinese law, invest in China or are engaged in economic, scientific and technological or cultural co-operation with Chinese enterprises or institutions and other foreigners who need to live in China for an extended period may acquire long-term or permanent resident status after approval by the competent authorities of the Chinese Government.

[Article 15] Foreigners who seek asylum for political reasons shall be allowed to reside in China after approval by the competent authorities of the Chinese Government.

[Article 16] Foreigners who fail to observe the laws of China may have their period of residence shortened or their resident status revoked by the competent authorities of the Chinese Government.

[Article 17] Foreigners lodging temporarily in China shall go through the formalities of registering their temporary lodging in accordance with the regulations.

[Article 18] Foreigners holding residents' permits who change their place of residence in China shall register their move in accordance with the regulations.

[Article 19] Foreigners without residence permits and those studying in China may not be employed in China without the permission of the competent authorities of the Chinese Government.

CHAPTER IV TRAVEL

[Article 20] Foreigners with valid visas or residence permits may travel to those areas stipulated by the Chinese Government as being open to foreigners.

[Article 21] Foreigners who wish to travel to areas that are not open to foreigners are required to apply to the local public security authorities for travel permits.

CHAPTER V EXIT

[Article 22] Foreigners leaving China are required to present valid passports or other valid documents.

[Article 23] Foreigners will not be permitted to leave China in any one of the following cases:

[Article 24] Foreigners shall be prevented from leaving China by the frontier inspection bodies and dealt with in accordance with the law in any one of the following cases:

CHAPTER VI ADMINISTRATIVE BODIES

[Article 25] The diplomatic bodies outside China acting for the Chinese Government in dealing with the entry and transit applications of foreigners are Chinese diplomatic missions, consulates and other representations in foreign countries authorised by the Ministry of Foreign Affairs.

Within China, the bodies acting for the Chinese Government in dealing with the entry, transit, residence and travel applications of foreigners are the Ministry of Public Security and the Ministry of Foreign Affairs and the local foreign affairs authorities authorised by the Ministry of Foreign Affairs.

[Article 26] The bodies dealing with foreigners' entry, transit, residence and travel applications shall have the authority to refuse to grant visas or permits and to revoke or declare void visas or permits already granted.

Whenever and wherever necessary, the Ministry of Public Security and the Ministry of Foreign Affairs may alter the decisions made by the bodies they have authorised.

[Article 27] Foreigners who have illegally entered China or who are illegally residing in China may be detained for investigation or put under house supervision or deported by the public security authorities at the county level or above.

[Article 28] The aliens' affairs civil police of the public security organs at county level or above, when on duty,have the authority to examine foreigners' passports and other documents.  When carrying out an examination, the police are required to show their own work permit as identification and organisations or individuals concerned are duty-bound to assist in carrying out this work.

CHAPTER VII PENALTIES

[Article 29] Foreigners who have violated this Law by entering or leaving China illegally, residing or staying in China illegally, or travelling without valid travel permits to areas which are not open to foreigners as well as foreigners who have forged,altered, falsified or transferred the possession of entry or exit documents may be punished by the public security authorities at the county level or above with a warning, a fine or detention for up to 10 days; in serious cases which constitute a criminal offence, they shall be prosecuted for their criminal responsibility in accordance with the law.

Foreigners who do not accept the punishment of a fine or detention imposed by the public security authorities may appeal to the public security authorities at the next highest level within 15 days of receiving notice of the penalty.  The ruling of the public security organ at the higher level shall be final.  They may also bring a suit directly to a local People's Court.

[Article 30] Foreigners who have committed a serious offence as defined in Article 29 of this Law may be ordered to leave China within a certain period of time or may be expelled from China by the Ministry of Public Security.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

[Article 31] Foreigners referred to in this Law are those who are not of Chinese nationality under the "Law of the People's Republic of China on Nationality".

[Article 32] Foreigners in China's neighbouring countries living on the frontier regions of both countries shall, when temporarily entering or leaving China, be regulated in accordance with the agreement between the two countries; where no such agreement exists, they shall be regulated in accordance with the stipulations of the Chinese Government.

[Article 33] The Ministry of Public Security and the Ministry of Foreign Affairs shall, on the basis of this Law, formulate detailed regulations for implementation, which shall be put into effect after approval by the State Council.

[Article 34] After entering China, members of foreign diplomatic missions and consulates in the People's Republic of China and other foreigners enjoying privileges and immunity shall be regulated in accordance with the relevant regulations of the State Council and its competent authorities.

[Article 35] This law shall come into force on February 1, 1986.