Rules Governing the implementation of the law of the People's Republic Of China on the Entry and Exit of Aliens(Digest)

Rules Governing the implementation of the law of the People's Republic Of China on the Entry and Exit of Aliens(Digest)

Chapter I

 

Entry

 

Article l For entry to China,aliens shall apply for visas to Chinese diplomatic missions,consular posts or other foreign-based agencies authorized by the Foreign Affairs of the People's Republic of China.

 

Article 4 Ordinary visas shall be marked with different Chinese phonetic letters and issued to different aliens according to their stated purposes of visit to China.

 

l)Visa D to aliens who are to reside permanently in China;

 

2)Visa Z to aliens who come to China to take up posts or employment and to their accompanying family members;

 

3)Visa X to aliens who come to China for study,advanced studies or Job—training for a period Of six months or more;

 

4)Visa F to aliens who are invited to China on a visit or on a study,lecture or business tour,for scientific technological or cultural exchanges,for short-term refresher course or for Job-training,for a period not more than six months;

 

5)Visa L to aliens who come to China for sightseeing,visiting relatives or other private purposes(A group visa may be issued to a group of nine or more aliens on a sightseeing trip to China);

 

6)Visa G to aliens passing through China;

 

7)Visa C to train attendants,air crew members and seamen operation.

 

8)Visa J-1 to resident foreign correspondents in China;visa J-2 to foreign correspondents who make short trip to China on reporting tasks.

 

Article 7 Aliens coming under the following categories shall not be allowed to enter China.

An alien suffering from mental disorder, leprosy, AIDS, venereal diseases, contagious tuberculosis or other infectious diseases;

 

Chapter II Inspection of Entry and Exit Certificates

 

Article 13 For exit,aliens shall submit for examination their valid passports or other valid certificates as well as visas or residence certificates permitting their stay in China.

 

Chapter III

Residence

 

Article 16 Aliens holding visas D,Z,X or J-l shall,with-in 30 days of entry into China,obtain aliens residence cards or aliens's temporary residence cards from the city or county public security bureau the place of their residence.The period validity Of the aforementioned certificates is the duration of the holders permitted stay in China.

 

Aliens' residence is issued to those who stay in China for one year or more.

 

Aliens' temporary residence cards are issued to those who stay less than one year in China.

 

Aliens'holding visas F,L,G,C or J-2 may stay in China for the period prescribed in their visas without obtaining residence certificates.

 

Article 17 In applying for residence certificates,aliens shall provide such information as requested and complete the following procedures:

 

l)Submit for examination their passports,visas and papers
supporting their purposes of residence

 

2)Fill in residence application forms;

 

3)In applying for aliens' residence cards,submit for examination health certificates and recently-taken two-inch half—length,bareheaded,full—face photos.

 

Article 19 Aliens exempt from visas under agreements signed between the Chinese and foreign Governments shall,in case they wish to stay in China for 30 days and upward,apply upon entry into China for residence certificates in accordance with Articles 16 and 17 of the present Rules.

 

Article III Aliens who need to prolong their stay or residence in China beyond the expiration of their visas or residence certificates should apply for an extension before the expiration of their visas or certificates.

 

Chinese authorities in charge of public health,when discovering aliens,during their stay in China,to be afflicted with diseases specified in sub-paragraph 4 of Article 7 of the present Rules may request the public security organs concerned to order them to advance their date of exit from China.

 

Article 21 In case of any changes in the information written in an alien's residence card(such as name,nationality,occupation, status,place Of work,address,passport number and accompanying children),the holder of the card shall,within 10 days,register such changes with the public security bureau at the place of his/her residence.

 

Article 22 The holder of an alien's residence card who wishes to move out of the city or county of residence shall,before moving,register the move with the public security bureau at the original place of residence and shall,with in 10 days of arrival at the new place of residence,register the move-in with the public security bureau at the new placed residence.

 

Article 23 For the sake of national security,public order or other public interests,a city or county,pubic security bureau may declare certain areas out of bounds for the establishment of residences or offices by aliens or foreign institutions. Residences and offices that have already been established in these restricted areas shall be moved to non-restricted areas within the time limit prescribed in the notice of moving issued by the city or county public security bureau.

 

Article 24 Aliens residing permanently in China shall,once every year and at a prescribed time, submit their residence cards for examination to the public security bureau at their place of residence.

 

The public security bureau may, when necessary ask an alien to submit his/her residence card to the exit and entry department for examination,and the alien shall do so at the time prescribed in the notice.

 

Article 25 Aliens at the age of 16 and upwards who reside or stay in China shall carry with their residence certificates or passports for possible examination by police in charge of foreign affairs.

 

Article 26 The parents of an alien infant born in China or their agent shall,within one month after his or her birth,report to the local public security bureau with the birth certificate and complete registration procedures.

 

Chapter IV

Accommodation Registration

 

Article 29 For lodging at guesthouse,hostel,inn,hotel,school or other enterprises and institutions or at government organs or other Chinese organizations,aliens shall present valid passports or residence certificates and fill in registration form of temporary accommodation.They shall present travel permits when seeking accommodation in areas closed to aliens.

 

Article 30 When an alien wishes to lodge at the home of a Chinese resident in urban areas,the host or the lodger shall,with in 24 hours of the lodger's arrival,report to the local public security organ with the lodger's passport and certificate as well as the host's residence booklet and fill in registration forms of temporary accommodation.In rural areas,the host or lodger shall report to the local police station or residence registration office within 72 hours of the lodger's arrival.

 

Article 31 When an alien lodges at a foreign institution in China or at the home Of an alien in China, the institution in question or the host or the lodger shall,within 24 hours Of the lodger's arrival,report to the local public security organ with the lodger s passport or residence certificate and fill in registration forms of temporary accommodation.

 

Article 32 Aliens having long—term residence in China who wish to lodge temporarily elsewhere than their own residence shall report and register accommodation in accordance with the provision of Article 29,30,and 31 of the present Rules.

 

Chapter V

Travel

 

Article 34 An alien wishing to travel to cities or counties closed to aliens shall apply in advance for a travel permit to the public security bureau of the city or county where he/she stays and may proceed there only with permission. To apply for a travel permit, the following procedures must be completed:

 

1)Submit passport or residence certificate for examination;

 

2)Provide papers supporting the purposes of travel;

 

3)Fill in a travel application form.

 

Article 37 Aliens shall not enter places closed to aliens without permission.

 

Chapter VI
Exit

 

Alticle38 Aliens shall leave China within the time limit prescribed in the visas or within the period validity of their residence certificates.

 

Article 39 The holder of an alien's residence certificate who wishes to leave and then re-enter China within the period of validity of the said certificate shall,before leaving China,apply to the local public security organ for a re-entry visa in accordance with the relevant provisions of Article 5 and 6 of the present Rules.

 

An alien holding a residence certificate who does not wish to return to China after exit shall hand in his/her residence certificate to the border check post upon exit.

 

Chapter VII
Penalties

 

Article 40 Aliens who illegally enter or exit China may be fined from 1000 to 10000 Yuan(RMB)or detained from 3 to 10 days and may simultaneously be ordered to leave the country within a specified time or expelled from the country.Those whose offences are serious enough to constitute a crime shall be prosecuted for criminal responsibility according to law.

 

Article 42 Aliens who illegally stay in China in contravention of the provisions of Articles 16,19 and 20 of the present Rules may be served a warning,fined 500 Yuan per day for the period of his/her illegal stay in China with the total sum of fine not exceeding 5000 Yuan,or detained from 3 to 10 days.Those whose offences are serious may at the same time be ordered to leave the country within a specified time.

 

Aliens who violate Article 21 and 22 of the present Rules may be served a warning,or fined up to 500 Yuan.and those whose of fences are serious may at the same time be ordered to leave the country within a specified time.

 

Aliens who violate Article 23 Of the present Rules and fail to carry out the decision of the public security organs may, while being compelled to carry out the decision,be served a warning or fined from 1000 to 10000 Yuan.Those whose offences are serious shall be ordered to leave the country within a specified time.

 

Article 43 Aliens who,in contravention of the provisions of Articles 24 and 25 of the present Rules,fail to submit their residence certificates for examination as required or to carry their passports or residence certificates with them or refuse to produce their certificates to police for examination may be served a warning or fined up to 500 Yuan,and those whose offences are serious may at the same time be ordered to leave the country within a specified time.

 

Article 44 Aliens who found employment without permission from the Ministry Labor of the People's Republic of China or its authorized departments shall have their posts or employment terminated and may at the same time be fined up to 1000 Yuan,and those whose offences are serious may at the same time be ordered to leave the country within a specified time.

 

Units and individuals who employ aliens without permission shall terminate employment of the said aliens and may at the same time be fined from 5000 to 50000 Yuan,and be ordered to cover all the expenses of repatriating aliens whom they had employed.

 

Article 45 Whoever is held responsible for failing to register accommodation or report such registration to the public security organ,or for accommodating aliens without valid certificates in contravention Of the provisions Of Chapter IV of the present Rules may be served a warning or fined from 50 to 500 Yuan.

 

Afticle46 Aliens who travel to areas closed to aliens without prior permission in contravention of the provisions of Articles 34,and 37 of the present Rules may be served a warning or fined up to 500 Yuan,and those whose offences are serious may at the same time be ordered to leave the country within a specified time.

 

Article 47 Aliens who forge,alter,misuse,transfer,buy or sell visas or certificate shall have the said visas, certificates and illicit income revoked or confiscated and may be fined from 1000 to 10000 Yuan or detained from 3 to 10 days, and may at the same time be ordered to leave the country within a specified time, and those who's offences are serious enough to constitute a crime shall be prosecuted for their criminal responsibility according to law.

 

Article 51 The penalties provided for in this Chapter shall be executed by the public security organs.

 

Chapter VIII
Other Provisions

 

Article52 Aliens who wish to apply for extension or alteration of visas or certificates shall complete the following procedures;

 

l) Submit their passports,visas and certificates for examination;

 

2)Fill in application forms for extension or alteration;

 

3)Provide papers supporting reasons for extension or alteration.

 

Article 53 Aliens applying for visas and certificates or for their extension or alteration shall pay visa and certification fees according to the prescribed rates.

 

Alticle54 An alien child under the aged 16 who uses the same passport with his/her parent or guardian, need not, while visiting China with his/her parent or guardian, go through the entry, transit, residence or travel procedures separately.

 

Article 55 An alien whose Chinese visa or certificate is lost or damaged shall promptly report to the exit and entry department under the local public security bureau and apply for a new one or a replacement. An alien who has lost his/her residence card shall declare the lost card invalid in an official local newspaper.

 

 

[source:ebeijing.gov.cn]