[法律法规]中华人民共和国外国人入境出境管理法(英文版)

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LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON CONTROL OF THE ENTRY ANDEXIT OF ALIENS Important Notice:This English document is coming from "LAWS AND REGULATIONS OF THEPEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People's Republic of China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese shall prevail. Whole Document LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON CONTROL OF THE ENTRY ANDEXIT OF ALIENS(Adopted at the 13th Meeting of the Standing Committee of theSixth National People's Congress, promulgated by Order No. 31 of thePresident of the People's Republic of China on November 22, 1985, andeffective as of February 1, 1986) ContentsChapter I General ProvisionsChapter II Entry into the CountryChapter III ResidenceChapter IV TravelChapter V Exit from the CountryChapter VI Administrative OrgansChapter VII PenaltiesChapter VIII Supplementary Provisions Chapter I General ProvisionsArticle 1This Law is formulated with a view to safeguarding the sovereignty of thePeople's Republic of China, maintaining its security and public order andfacilitating international exchange.This Law is applicable to aliens entering, leaving and transiting theterritory of the People's Republic of China and to those residing andtravelling in China.Article 2Aliens must obtain the permission of the competent authorities of theChinese Government in order to enter, transit or reside in China.Article 3For entry, exit and transit, aliens must pass through ports open to aliensor other designated ports and must be subject to inspection by thefrontier inspection offices. For entry, exit and transit, foreign-ownedmeans of transport must pass through ports open to aliens or otherdesignated ports and must be subject to inspection and supervision by thefrontier inspection offices.Article 4The Chinese Government shall protect the lawful rights and interests ofaliens on Chinese territory.Freedom of the person of aliens is inviolable. No alien may be arrestedexcept with the approval or by decision of a people's procuratorate or bydecision of a people's court, and arrest must be made by a public securityorgan or state security organ.Article 5Aliens in China must abide by Chinese laws and may not endanger the statesecurity of China, harm public interests or disrupt public order. Chapter II Entry into the CountryArticle 6For entry into China, aliens shall apply for visas from Chinese diplomaticmissions, consular offices or other resident agencies abroad authorized bythe Ministry of Foreign Affairs. In specific situations aliens may, incompliance with the provisions of the State Council, apply for visas tovisa-granting offices at ports designated by the competent authorities ofthe Chinese Government.The entry of nationals from countries having visa agreements with theChinese Government shall be handled in accordance with those agreements.In cases where another country has special provisions for Chinese citizensentering and transiting that country, the competent authorities of theChinese Government may adopt reciprocal measures contingent on thecircumstances.Visas are not required for aliens in immediate transit on connectedinternational flights who hold passenger tickets and stay for no more than24 hours in China entirely within airport boundaries. Anyone desiring toleave the airport temporarily must obtain permission from the frontierinspection office.Article 7When applying for various kinds of visas, aliens shall present validpassports and, if necessary, provide pertinent evidence.Article 8Aliens who have been invited or hired to work in China shall, whenapplying for visas, produce evidence of the invitation or employment.Article 9Aliens desiring to reside permanently in China shall, when applying forvisas, present status-of-residence identification forms. Applicants mayobtain such forms from public security organs at the place where theyintend to reside.Article 10The competent authorities of the Chinese Government shall issueappropriate visas to aliens according to the purposes stated in theirentry applications.Article 11When an aircraft or a vessel navigating international routes arrives at aChinese port, the captain or his agent must submit a passenger name listto the frontier inspection office; a foreign aircraft or vessel must alsoprovide a name list of its crew members.Article 12Aliens who are considered a possible threat to China's state security andpublic order shall not be permitted to enter China. Chapter III ResidenceArticle 13For residence in China, aliens must possess identification papers orresidence certificates issued by the competent authorizes of the ChineseGovernment. The term of validity of identification papers or residencecertificates shall be determined according to the purposes of entry.Aliens residing in China shall submit their certificates to the localpublic security organs for examination within the prescribed period oftime.Article 14Aliens who, in compliance with Chinese laws, find it necessary toestablish prolonged residence in China for the purpose of investing inChina or engaging in cooperative projects with Chinese enterprises orinstitutions in the economic, scientific, technological and culturalfields, or for other purposes, are eligible for prolonged or permanentresidence in China upon approval by the competent authorities of theChinese Government.Article 15Aliens who seek asylum for political reasons shall be permitted to residein China upon approval by the competent authorities of the ChineseGovernment.Article 16Aliens who fail to abide by Chinese laws may have their period of stay inChina curtailed or their status of residence in China annulled by thecompetent authorities of the Chinese Government.Article 17For a temporary overnight stay in China, aliens shall completeregistration procedures pursuant to the relevant provisions.Article 18Aliens holding residence certificates who wish to change their place ofresidence in China must complete removal formalities pursuant to therelevant provisions.Article 19Aliens who have not acquired residence certificates or who are on a studyprogramme in China may not seek employment in China without permission ofthe competent authorities of the Chinese Government. Chapter IV TravelArticle 20Aliens who hold valid visas or residence certificates may travel to placesopen to aliens as designated by the Chinese Government.Article 21Aliens desiring to travel to places closed to aliens must apply to localpublic security organs for travel permits. Chapter V Exit from the CountryArticle 22For exit from China, aliens shall present their valid passports or othervalid certificates.Article 23Aliens belonging to any of the following categories shall not be allowedto leave China:(1) defendants in criminal cases or criminal suspects confirmed by apublic security organ, a people's procuratorate or a people's court;(2) persons who, as notified by a people's court, shall be denied exitowing to involvement in unresolved civil cases; and(3) persons who have committed other acts in violation of Chinese law whohave not been dealt with and against whom the competent authoritiesconsider it necessary to institute prosecution.Article 24Frontier inspection offices shall have the power to stop aliens belongingto any of the following categories from leaving the country and to dealwith them according to law:(1) holders of invalid exit certificates;(2) holders of exit certificates other than their own; and(3) holders of forged or altered exit certificates. Chapter VI Administrative OrgansArticle 25China's diplomatic missions, consular offices and other resident agenciesabroad authorized by the Ministry of Foreign Affairs shall be the ChineseGovernment's agencies abroad to handle aliens' applications for entry andtransit.The Ministry of Public Security, its authorized local public securityorgans, the Ministry of Foreign Affairs and its authorized local foreignaffairs departments shall be the Chinese Government's agencies in China tohandle aliens' applications for entry, transit, residence and travel.Article 26The authorities handling aliens' applications for entry, transit,residence and travel shall have the power to refuse to issue visas andcertificates or to cancel visas and certificates already issued or declarethem invalid.The Ministry of Public Security and the Ministry of Foreign Affairs may,when necessary, alter decisions made by their respectively authorizedagencies.Article 27An alien who enters or resides in China illegally may be detained forexamination or be subjected to residential surveillance or deportation bya public security organ at or above the county level.Article 28While performing their duties, foreign affairs police of the publicsecurity organs at or above the county level shall have the power toexamine the passports and other certificates of aliens. When conductingsuch examinations, the foreign affairs police shall produce their ownservice certificates, and relevant organizations or individuals shall havethe duty to offer them assistance. Chapter VII PenaltiesArticle 29If a person, in violation of the provisions of this Law, enters or leavesChina illegally, establishes illegal residence or makes an illegalstopover in China, travels to places closed to aliens without a validtravel document, forges or alters an entry or exit certificate, usesanother person's certificate as his own or transfers his certificate, hemay be penalized by a public security organ at or above the county levelwith a warning, a fine or detention for not more than ten days. If thecircumstances of the case are serious enough to constitute a crime,criminal responsibility shall be investigated in accordance with the law.If an alien subject to a fine or detention by a public security organrefuses to accept the penalty, he may, within 15 days of receivingnotification, appeal to the public security organ at the next higherlevel, which shall make the final decision; he may also directly file suitin the local people's court.Article 30In cases where a person commits any of the acts stated in Article 29 ofthis Law, if the circumstances are serious, the Ministry of PublicSecurity may impose a penalty by ordering him to leave the country withina certain time or may expel him from the country. Chapter VIII Supplementary ProvisionsArticle 31For the purposes of this Law the term "alien" means any person not holdingChinese nationality according to the Nationality Law of the People'sRepublic of China.Article 32Transistory entry into and exit from China by aliens who are nationals ofa country adjacent to China and who reside in areas bordering on Chinashall be handled according to any relevant agreements between the twocountries or, in the absence of such agreements, according to the relevantprovisions of the Chinese Government.Article 33The Ministry of Public Security and the Ministry of Foreign Affairs shall,pursuant to this Law, formulate rules for its implementation, which shallgo into effect after being submitted to and approved by the State Council.Article 34Affairs concerning members of foreign diplomatic missions and consularoffices in the People's Republic of China and other aliens who enjoydiplomatic privileges and immunities, after their entry into China, shallbe administered in accordance with the relevant provisions of the StateCouncil and its competent departments.Article 35This Law shall go into effect on February 1, 1986.

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