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, amended with the approval of the State
Council on July 13, 1994 and promulgated by the Ministry of the
Public Security and the Ministry of the Foreign Affairs on July 15,
1994)
These Rules are formulated in accordance with Article 33 of The
Law of the People's Republic of China on Control of the Entry and
Exit of Aliens(hereinafter referred to as The Law on Control of the
Entry and Exit of Aliens).
Chapter I
Entry into the Country
Article 1 For entry into China, aliens shall apply for visas
from Chinese diplomatic missions, consular posts or other resident
agencies abroad authorized by the Ministry of Foreign Affairs.
Aliens who hold ordinary passports issued by countries which
have diplomatic relations or official trade contacts with China as
well as letters or telegrams from authorized organization in China,
may, under any of the following circumstances where they must
necessarily rush to China but have no time for visa application to
the aforesaid agencies, apply for visas to the visa-granting agency
at the entry port as authorized by the Ministry of Public
Security:
(1) they are invited at the last moment by a Chinese host to
come to China for a trade fair;
(2) they are invited to China to make a tender or to formally
sign an economic or trade contract;
(3) they come to China by appointment to supervise an export
shipment, inspect an import commodity or to participate in a
check-and-accept operation in accordance with contracts;
(4) they are invited to participate in the installation of
equipment or in the emergency repair of an engineering
project;
(5) they come to China at the request of the Chinese side to solve
a problem of claims;
(6) they are invited to come to provide technical advisory
services;
(7) they come to China due to a last-minute change in the
composition of a visiting group which took place after the visa had
been granted to the group and which is approved by the Chinese
side;
(8) they come to China to see patients in critical conditions,
or to undertake funeral matters;
(9) owing to force majeure, persons in immediate transit cannot
leave the country within 24 hours by taking the original plane, or
have to change to other means of transport for leaving the country;
or
(10) they are invited to China for other matters, and really
have no time to apply for visa to the aforesaid Chinese resident
agencies abroad but hold letters or telegrams from the designated
competent authorities that give the consent for them to apply for
visa from the visa-granting agency at the entry port.
Visa-granting agencies at entry ports shall not handle visa
applications of aliens who do not come under the aforesaid
circumstances.
Article 2 Visa-granting agencies at entry ports, as authorized
by the Ministry of Public Security, are stationed at the following
ports: Beijing, Shanghai, Tianjin, Dalian, Fuzhou, Xiamen, Xi'an,
Guilin, Hangzhou, Kunming, Guangzhou (Baiyun Airport), Shenzhen
(Luohu, Shekou) and Zhuhai (Gongbei).
Article 3 Different categories of visa, such as diplomatic,
courtesy, service and ordinary visas, shall be issued to different
aliens in accordance with the different status in which they visit
China and the different categories of passport they hold.
Article 4 According to the stated purpose of aliens' visit to
China, the ordinary visas shall be marked with certain Chinese
phonetic letters:
(1) D visa to aliens who come to China for permanent
residence;
(2) Z visa to aliens and their accompanying family members who
come to China for a post or employment;
(3) X visa to aliens who come to China to study, to engage in
advanced studies, or to do fieldwork, for a period of 6 months or
more;
(4) F visa to aliens who are invited to China for a visit,
investigations, giving lectures, doing business, carrying out
scientific, technical or cultural exchanges, or for short-term
advanced studies or fieldwork, etc. for a period of not exceeding 6
months;
(5) L visa to aliens who come to China for sightseeing or
visiting relatives or for other private purposes (group visa may be
issued to a group of nine or more aliens on a sightseeing trip to
China);
(6) G visa to aliens passing through China;
(7) C visa to train attendants, airline crews and seamen and
their accompanying family members in international operations;
and
(8) J-1 visa to aliens who come to China as a resident
correspondent, whileJ-2 visa to foreign correspondents who come to
China for covering special events.
Article 5 Aliens applying for visas shall provide such pertinent
information as requested and go through the following
procedures:
(1) to present a valid passport or a certificate that can be
used as a passport;
(2) to fill in a visa application form and hand in recent
frontal hatless half-length passport-size photos; and
(3) to present, for examination, documents of certification
pertaining to the purposes of entry or transit application.
Article 6 The documents of certification as mentioned in Item
(3) of Article 5 of these Rules refer to:
(1) in applying for D visa, the permanent residence confirmation
form, which may be applied for by the applicant himself or through
his relatives in China to the entry-exit control department of the
public security bureau of the city or county where the applicant is
to reside;
(2) in applying for Z visa, documents of certification issued by
the sponsor or employer organization in China indicating the
engagement or employment, or letter or telegram sent by an
authorized organization;
(3) in applying for X visa, documents of certification issued by
the receiving organization or by the competent department
concerned;
(4) in applying for F visa, a letter or telegram sent by an
authorized organization;
(5) in applying for L visa for a tourist trip in China, a
certificate of reception from a Chinese tourist service, and when
necessary, the flight, train or ship ticket for the country(region)
of destination after leaving China;
(6) in applying for G visa, a valid visa for entering the
country(region) of destination, or through tickets in case such a
visa is exempt;
(7) in applying for C visa, the relevant documents of
certification that should be presented according to the agreements
concerned; and
(8) in applying for J-1 or J-2 visa, documents of certification
issued by the competent department concerned.
Aliens who are to come to China for permanent residence or for
residence of one year or more shall in addition, in applying for
entry visas, produce for examination a health certificate issued by
a medical institution designated by the government of the country
of their current residence or one issued by any other medical
institution and certified by a notary public. The health
certificate shall be valid for 6 months from the date of issue.
Article 7 Aliens coming under the following categories shall not
be permitted to enter China:
(1) those who are expelled by the Chinese Government whose term
of no-entry has not yet expired;
(2) those who are considered prone to terrorist or subversive
activities or violence after entering the country;
(3) those who are considered prone to smuggling, prostitution or
drug trafficking after entering the country;
(4) those who suffer from mental disorder, or infectious
diseases such as leprosy, AIDS, venereal diseases or contagious
tuberculosis, etc.;
(5) those who lack the means to support themselves financially
while staying in China; and
(6) those who are considered prone to other activities, after
entering the country, which shall jeopardize the security and
interests of the country.
Article 8 Aliens may be exempt from going through the procedures
for obtaining a transit visa if they hold a through ticket and have
booked seats on international airliners flying immediately through
China and will stay in the transit city for not exceeding 24 hours
without leaving the airport; aliens who wish to leave the airport
shall apply to the border inspection office for stopover
permits.
Article 9 When a vessel in international service anchors at a
Chinese port, the foreign crew members and their accompanying
family members shall, when wishing to disembark without leaving the
port city, apply to the border inspection office for disembarkation
permits, and, for lodging permits, when wishing to stay overnight
on land. Those who, with justification, wish to go to places beyond
the port city or are unable to leave the country by the original
vessel shall apply to the local public security bureau for
appropriate visas.
Chapter II
Inspection of the Entry and Exit Certificates
Article 10 Aliens shall, upon arrival at a Chinese port, present
to the border inspection office for examination their valid
passport with visa and other relevant certificates issued by the
Chinese government, and fill in entry-exit cards. They may enter
the country after the border inspection office has examined,
approved and stamped their certificates.
Article 11 Upon arrival of a foreign aircraft or vessel at a
Chinese port, the persons in charge shall fulfill the following
obligations:
(1) the aircraft commander, the captain or their agent shall
submit to the border inspection office the lists of the crew
members and the passengers;
(2) they shall report, immediately upon discovery, cases of
persons aboard attempting to illegally cross China's borders to the
border inspection office for disposition; and
(3) they shall see that persons not permitted to enter the
country leave on the original means of transport and that the
expenses during the stay in China of persons who cannot promptly
leave the country owing to force majeure are covered along with
their travel expenses for departure.
Article 12 The border inspection office shall have power to
prevent the entry or exit of aliens coming under the following
categories:
(1) those who do not hold valid passports, certificates or
visas;
(2) those who hold forged, altered or other than their own
passports or certificates;
(3) those who refuse to have their certificates examined;
and
(4) those whose entry into or exit from the country shall not be
permitted, as notified by the Ministry of Public Security or the
Ministry of State Security.
Article 13 Aliens shall, on leaving the country, present for
examination their valid passports or other valid certificates as
well as visas or residence permits authorizing their stay in
China.
Article 14 Aliens and means of transport of aliens, which are
required by the visa-granting agencies to pass through designated
ports, shall enter or leave the country only through the designated
ports.
Article 15 With respect to those aliens who are forbidden to
enter the country according to Article 12 of these Rules, in the
event that they are unable to return promptly by the original means
of transport, the border inspection office may take necessary
measures to restrict their bounds of activities, and give orders
for them to leave the country by the next available means of
transport.
Chapter III
Residence
Article 16 Aliens who hold D, Z, X and J-1 visas shall, within
30 days of entry, go through the procedures with the public
security bureau of the city or county where they are to reside for
the residence permit for aliens or temporary residence permit for
aliens. The term of validity of the aforesaid residence
certificates shall be the time limits of the authorized stay in
China for the certificate holder.
The residence permit for aliens shall be issued to those who
will stay in China for a period of one year or more.
The temporary residence permit for aliens shall be issued to
those who will stay in China for a period of less than one
year.
Aliens who hold F, L, G, and C visas may stay in China within the
time limits as their visas indicate, without the necessity to
obtain the residence certificate.
Article 17 In applying for residence certificates, aliens shall
provide such information as requested and complete the following
procedures:
(1) to present for examination their passports, visas and
documents of certification pertaining the purpose of their
residence;
(2) to fill in the residence application form; and
(3) where applying for the residence permit for aliens, to
present for examination their health certificate together with
their recent frontal hatless half-length passport-size photos.
Article 18 The term of validity of the residence permit for
aliens shall be one to five years, which shall be decided according
to the purpose of residence of the alien by the public security
bureau of the city or county.
To aliens who satisfy the requirements as provided in Article 14
of the Law on Control of the Entry and Exit of Aliens, the public
security organ may grant a long-term residence permit ranging from
one to five years, and a permanent residence permit, to those with
meritorious performance.
Article 19 Aliens exempt from visa under the agreement between
China and the relevant country shall, where they wish to stay in
China for a period of 30days or longer, apply for the residence
certificate after entry, in accordance with Article 16 and 17 of
these Rules.
The provisions of the preceding paragraph shall not apply to
aliens as mentioned in Article 34 of the Law on Control of the
Entry and Exit of Aliens.
Article 20 Aliens who need to prolong their stay or residence in
China beyond the expiration of their visas or residence
certificates shall apply for an extension before the expiration of
their visas or certificate.
In the event that any alien, while staying in China, is found to
have suffered any of the diseases as mentioned in Item (4) of
Article 7 of these Rules, the Chinese competent authorities of
public health may suggest to the public security organ that the
alien in question be ordered to advance his date of exit from
China.
Article 21 In case of any changes in the entries (name,
nationality, occupation or status, place of work, address, passport
number and accompanying children, etc.) of the residence permit for
aliens, the permit holder shall, within 10 days, go through the
registration procedures for the change at the public security
bureau stationed at the locality of his residence.
Article 22 Where any holder of the residence permit for aliens
wish to move out of the city or county of residence, he shall,
before moving, go through there moval registration procedures at
the public security bureau stationed at the locality of his
residence and, within 10 days after moving in, go through the
moving-in registration procedures at the public security bureau
stationed at the new locality.
An alien residing permanently in China who wishes to apply for a
change of residence shall first make an application to the public
security bureau at the new place of residence for a permit, and
then with this permit go through there moval registration
procedures in accordance with the provisions of the preceding
paragraph.
Article 23 For the sake of national security, public order or
other public interests, the municipal or county public security
bureau may impose restrictions on the establishment of residences
or business offices in certain areas by aliens or by foreign
institutions; residences or business offices already established in
the aforesaid areas under restrictions shall move to the
non-restricted areas within the time limits specified in the notice
of removal issued by the municipal or county public security
bureau.
Article 24 Aliens residing permanently in China shall, once a
year and at a prescribed time, present their residence permit for
aliens to the local public security bureau for examination.
The public security bureau may, when considering it necessary,
notify an alien to present his residence permit for aliens to the
entry-exit control department for examination, and the alien shall
do so accordingly at the time specified in the notice.
Article 25 Aliens of 16 years of age or older who reside or stay
in China shall carry with them their residence certificates or
passports for possible examination by the police of foreign
affairs.
Article 26 As regards a foreign baby born in China, the baby's
parents or their agent shall, within one month of the baby's birth,
submit a report together with the baby's birth certificate to the
local public security bureau and go through the registration
procedures.
Article 27 In the event that an alien dies in China, his family
member, guardian or agent shall, within 3 days of the death, submit
a report together with the death certificate of the deceased to the
local public security bureau, and present, for cancellation, the
residence certificate or visa of the deceased.
With respect to cases of aliens' unnatural deaths, the persons
concerned or the discoverers shall report the cases immediately to
the public security organ.
Article 28 The competent authorities of the Chinese Government
mentioned in Article 19 of the Law on Control of the Entry and Exit
of Aliens refers to the Ministry of Labor of the People's Republic
of China.
Chapter IV
Registration for Lodging
Article 29 Aliens who stay at such enterprises or institutions
as guesthouses, hotels, inns, hostels, and schools, or at
government departments, public organizations and other Chinese
institutions shall produce their valid passports or residence
certificates, and fill in the registration form of temporary
accommodation. When seeking accommodation in an area not open to
aliens, they shall produce their travel permit in addition.
Article 30 Aliens who lodge with the Chinese residents shall,
through the hosts or by themselves, within 24 hours of their
arrival in a city or a town, submit a report to the local public
security organ with their passport and other certificates and the
host's residence booklet, fill in the registration form of
temporary accommodation, and within 72 hours of their arrival in
the countryside, report to the local police station or to the local
residence registration office.
Article 31 Aliens who lodge at resident foreign institutions in
China or with other aliens residing in China shall through the host
institutions or the hosts or by themselves, within 24 hours of
their arrival, submit a report to the local public security organ
with their passport or residence certificate and fill in the
registration form of temporary accommodation.
Article 32 Aliens having long-term residence in China who wish
to lodge temporarily in a place other than their own residence
shall report and register the accommodation in accordance with the
provisions of Article 29, 30 and 31 of these Rules.
Article 33 Aliens who accommodate in mobile lodgings shall,
within 24hours, submit a report to the local public security organ.
The organizations or individuals who furnish sites for aliens'
mobile lodgings shall 24 hours in advance submit a report to the
local public security organ.
Chapter V
Travels
Article 34 Aliens who wish to travel in cities or counties that
are not open to aliens shall apply in advance to the public
security bureau of the city or county where they stay for a travel
permit, and they can start for their destination only after they
have obtained permission. To apply for a travel permit, aliens
shall go through the following procedures:
(1) to produce for examination their passport or residence
certificate;
(2) to submit certifications relating to their purpose of
travel; and
(3) to fill in the travel application form.
Article 35 The longest term of validity of the travel permit for
aliens shall be one year, provided that it shall not exceed the
term of validity of their visa or residence certificate.
Article 36 When aliens who have already obtained their travel
permit wish to extend the term of validity of their travel permit,
to visit additional spots that are not open to aliens, or to
increase the number of accompanying persons, they shall apply to
the public security organ for the extension or change.
Article 37 Aliens shall not enter places closed to aliens
without permission.
Chapter VI
Exit from the Country
Article 38 Aliens shall leave the country within the time limits
specified in their visas, or within the term of validity of their
residence certificates.
Article 39 Where holders of residence certificate for aliens
leave and are to reenter China within the term of validity of their
residence certificate, they shall, before leaving, apply to the
local public security organ for are entry visa in accordance with
the relevant provisions of Article 5 and 6 of these Rules.
Holders of residence certificate for aliens shall, when leaving
China, present their residence certificate to the border inspection
office for cancellation if they will not return to the country.
Chapter VII
Penalties
Article 40 Aliens who enter or leave China illegally may be
punished with a fine of 1000 to 10000 yuan, or held in detention
for 3 to 10 days, and may also concurrently be ordered to leave the
country within a specified time limits or be deported from the
country; where the circumstances are serious enough to constitute a
crime, they shall be investigated for the criminal responsibility
according to law.
Article 41 Persons in charge of means of transport or their
agent who, in violation of the provisions of Article 11 of these
Rules, refuse to fulfill the obligations may be punished with a
fine of 1000 to 10000 yuan, or be held in detention of 3 to 10
days.
Article 42 Aliens who, in violation of the provisions of Article
16, 19 and20 of these Rules, stay in China illegally may be given a
warning, or fined 500yuan for each day they stay for illegally with
a maximum of 5000 yuan, or beheld in detention of 3 to 10 days,
and, where the circumstances are serious, concurrently be ordered
to leave the country within a specified time limits.
Aliens who violate the provisions of Article 21 and 22 of these
Rules may be given a warning or punished with a fine of not
exceeding 500 yuan, and, where the circumstances are serious,
concurrently be ordered to leave the country within a specified
time limits.
Aliens who, in violation of the provisions of Article 23 of
these Rules, do not carry out decisions made by the public security
organ may, in addition to being enforced to carry out the
decisions, be given a warning or punished with a fine of 1000 to
10000 yuan, and, where the circumstances are serious, concurrently
be ordered to leave the country within a specified time limits.
Article 43 Aliens who, in violation of the provisions of Article
24 and 25of these Rules, fail to present for examination their
residence permit as required, or to carry with them their passport
or residence certificate, or refuse to be examined on their
certificate by the police may be given a warning or punished with a
fine of not exceeding 500 yuan, and, where the circumstances are
serious, concurrently be ordered to leave the country within a
specified time limits.
Article 44 Aliens who engage in employment in China without
approval of the Ministry of Labor of the People's Republic of China
or departments authorized there by may, in addition to being
demanded an end to their office or employment, be punished with a
fine of not exceeding 1000 yuan, and, where the circumstances are
serious, concurrently be ordered to leave the country within a
specified time limits.
Any organization or individual who employs aliens without
permission may, in addition to being demanded an end to its/his
employ, be punished with a fine of 5000 to 50000 yuan and in
addition, be ordered to bear all the expenses required for
repatriating the aliens they employ without permission.
Article 45 Anyone who is held responsible for, in violation of
the provisions of Chapter IV of these Rules, the failure to go
through the registration procedure for getting accommodation or to
submit a report to the public security organ for lodging
registration, or for providing accommodation to an alien who does
not hold any valid certificate, may be given a warning or punished
with a fine of 50 to 500 yuan.
Article 46 Aliens who, in violation of the provisions of Article
34, 36 and37 of these Rules, make a tour to an area not open to
aliens without approval may be given a warning or punished with a
fine of not exceeding 500 yuan, and, where the circumstances are
serious, concurrently be ordered to leave the country within a
specified time limits.
Article 47 Aliens who forge, alter, use other than their own,
transfer or traffic in visas or other certificates may, in addition
to the revocation or confiscation of the original visas or other
certificates with confiscation of their illegal gains, be punished
with a fine of 1000 to 10000 yuan, or held in detention of 3 to 10
days, and also concurrently be ordered to leave the country within
a specified time limits, and, where the circumstances are serious
enough to constitute a crime, be investigated for the criminal
responsibility.
Article 48 Those who violate the Law on Control of the Entry and
Exit of Aliens and these Rules due to force majeure may be exempted
from penalty.
When an alien is unable to pay a fine, the penalty may take the
form of detention.
Article 49 Penalties such as fines and detention provided for in
this Chapter shall also be applicable to persons who are held
responsible for assisting aliens to enter or leave the country
illegally, causing aliens to reside or stay in China illegally,
engaging or employing aliens who seek jobs without permission, or
facilitating aliens without valid travel certificates in their
entry into areas not open to aliens.
Article 50 Persons are punished but refuse to accept the penalty
of a fine or a detention imposed by the public security organ may,
within 15 days of receiving the notice, appeal, directly or through
the original organ that made the decision on punishment, to the
public security organ at a higher level, which shall, within 15
days of receiving the appeal, make a final decision. Persons who
are punished may also bring a suit directly to the local people's
court.
Article 51 The penalties provided for in this Chapter shall be
executed bythe public security organ.
Chapter VIII
Other Provisions
Article 52 Aliens who wish to apply for extension or alteration
of various types of visas or certificates shall go through the
following procedures:
(1) to present for examination their passports, visas and other
certificates;
(2) to fill in the application form for extension or alteration;
and
(3) to provide certifying documents relating to the extension or
alteration.
Article 53 Aliens who apply for various types of visas or
certificates, or for extension or alteration of their visas or
certificates, shall pay fees for visas or certificates according to
the relevant provisions.
The rates of fees for various types of visas and certificates
shall be separately prescribed by the Ministry of Public Security
and the Ministry of Foreign Affairs.
Persons from a country that has signed an agreement with the
Chinese government on fees for visas shall follow the relevant
agreement.
Article 54 Foreign children under 16 years of age who share the
same passport with their parents or guardian, need not, when coming
to China with their parents or guardian, go through separately the
procedures for entry, transit, residence or travel.
Article 55 In the event that an alien has his visa or
certificates issued by the Chinese government lost or damaged, he
shall promptly report to the entry-exit control department of the
local public security bureau and apply for a replacement. Aliens
who have lost their residence permit for aliens shall publish an
announcement in a local newspaper to declare the lost permit
invalid.
Article 56 The format of various types of visas, certificates
and application forms mentioned in these Rules shall be made out
separately by the Ministry of Public Security and the Ministry of
Foreign Affairs.
Article 57 These Rules shall go into effect as of the date of
promulgation.
(english.gov.cn)
