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English Version of New Law(Chapter 1 to Charpter 3

发表日期:2017-07-04  

Chapter I

  General Provisions

  Article 1 In order to regulate exit/entry administration, safeguard the sovereignty, security and social order of the People’s Republic of China, and promote foreign exchanges and opening to the outside world, this Law is hereby formulated.

  Article 2 This Law is applicable to the administration of exit and entry of Chinese citizens, entry and exit of foreigners, stay and residence of foreigners in China, and the exit/entry border inspection of transport vehicles.

  Article 3 The State protects Chinese citizens’ legitimate rights and interests of exiting and entering the country.

  The legitimate rights and interests of foreigners in China shall be protected by laws. Foreigners in China shall abide by the Chinese laws, and shall not endanger China’s national security, harm public interests and disrupt social and public order.

  Article 4 The Ministry of Public Security and the Ministry of Foreign Affairs shall, within the scope of their respective responsibilities, be responsible for administering exit/entry affairs.

  Embassies and consulates of the People’s Republic of China and other institutions stationed abroad entrusted by the Ministry of Foreign Affairs (hereinafter referred to as “the visa-issuing authorities abroad”) shall be responsible for issuance of entry visas to foreigners. Exit/entry border inspection authorities shall be responsible for carrying out exit/entry border inspection. Public security organs under local people’s governments at or above the county level and their exit/entry administrations shall be responsible for the administration of the stay and residence of foreigners.

  The Ministry of Public Security and the Ministry of Foreign Affairs may, within the scope of their respective responsibilities, entrust exit/entry administrations of public security organs or foreign affairs departments under local people’s governments at or above the county level to accept foreigners’ applications for entry, stay and residence in China.

  In the administration of exit/entry affairs, the Ministry of Public Security and the Ministry of Foreign Affairs shall strengthen communication and cooperation, cooperate closely with relevant departments under the State Council, and exercise functions and powers and bear liabilities within the scope of their respective responsibilities in accordance with the law.

  Article 5 The State shall establish a uniform exit/entry administration information platform to share information among relevant administrative departments.

  Article 6 The State shall establish exit/entry border inspection authorities at the ports open to foreign countries.

  Chinese citizens, foreigners as well as transport vehicles shall exit or enter China via the ports open to foreign countries, or via the places approved by the State Council or by the departments authorized by the State Council under special circumstances. Personnel and transport vehicles that exit or enter China shall be subject to exit/entry border inspection.

  Exit/entry border inspection authorities shall be responsible for relevant administration work in the restricted zones of ports. On the basis of the need for safeguarding national security and maintaining the order of exit/entry administration, exit/entry border inspection authorities may conduct border inspection on the belongings of the persons who exit or enter China. When necessary, exit/entry border inspection authorities may conduct border inspection on the goods carried by transport vehicles that exit or enter China. However, exit/entry border inspection authorities shall notify the Customs of such inspections.

  Article 7 Upon approval by the State Council, the Ministry of Public Security and the Ministry of Foreign Affairs may, on the basis of the need for exit/entry administration, set forth regulations on the collection and keep of fingerprints and other biometric identification information of the persons who exit or enter China.

  Where foreign governments have special regulations on issuing visas to Chinese citizens or the exit/entry administration of Chinese citizens, the Chinese government may, as the circumstances require, take corresponding and equivalent measures.

  Article 8 Departments and institutions that are responsible for the exit/entry administration shall take practical measures, constantly improve service and administration, enforce laws impartially, provide convenient and efficient service and ensure the security and conveyance of the exit/entry procedures.

  Chapter II

  Exit and Entry of Chinese Citizens

  Article 9 Chinese citizens who exit or enter China shall, in accordance with the law, apply for passports or other travel documents.

  Chinese citizens bound for other countries or regions shall obtain visas or other entry permits from destination countries, unless the Chinese government has signed visa exemption agreements with the governments of those countries, or otherwise stipulated by the Ministry of Public Security and the Ministry of Foreign Affairs.

  Chinese citizens who exit or enter China as seamen or work on foreign ships shall apply for seamen’s certificates in accordance with the law.

  Article 10 Chinese citizens who travel between the Mainland and the Hong Kong Special Administrative Region, between the Mainland and the Macao Special Administrative Region, and between the Mainland and Taiwan Region, shall apply for exit/entry permits in accordance with the law, and abide by the relevant provisions of this Law. The specific administrative measures shall be stipulated by the State Council.

  Article 11 Chinese citizens who exit or enter China shall submit their exit/entry documents such as passports or other travel documents to the exit/entry border inspection authorities for examination, go through the prescribed formalities, and may exit or enter upon examination and approval.

  For ports that meet relevant conditions, exit/entry border inspection authorities shall provide convenience such as special lanes for the exit and entry of Chinese citizens.

  Article 12 Under any of the following circumstances, Chinese citizens are not allowed to exit China:

  (1) Hold no valid exit/entry documents, or refuse or evade border inspection;

  (2) Are sentenced to criminal punishments, the execution of which have not been completed, or are suspects or defendants in criminal cases;

  (3) Are involved in unsettled civil cases and not allowed to exit China upon decision of the people’s courts;

  (4) Are subject to criminal punishment for impairing border administration, or are repatriated by other countries or regions due to illegal exit from China, illegal residence or illegal employment, and the No-Exit-from-China period has not expired;

  (5) May endanger national security or interests, and are not allowed to exit China upon decision by competent departments under the State Council; or

  (6) Other circumstances in which exit from China is not allowed in accordance with laws or administrative regulations.

  Article 13 Chinese citizens residing abroad who desire to return to China for permanent residence shall, prior to the entry, file applications with Chinese embassies or consulates or other institutions stationed abroad entrusted by the Ministry of Foreign Affairs. They may also file such applications to the overseas Chinese affairs departments under the local people’s governments at or above the county level of the proposed places of permanent residence on their own or via their relatives in China.

  Article 14 When handling financial affairs or affairs involving education, medical treatment, transportation, telecommunications, social insurance or property registration, where identity certificates are required, Chinese citizens residing abroad may provide their passports for proof of identity.

  Chapter III

  Entry and Exit of Foreigners

  Section 1

  Visa

  Article 15 In order to entering China, foreigners shall apply to the visa-issuing authorities stationed abroad for a visa, except as otherwise provided for in this Law.

  Article 16 Visas are categorized as diplomatic visa, courtesy visa, official visa and ordinary visa.

  Diplomatic or official visas shall be issued to foreigners who enter China for diplomatic or official reasons; and courtesy visas shall be issued to foreigners who are given courtesy due to their special status. The scope and measures for issuing diplomatic, courtesy and official visas shall be stipulated by the Ministry of Foreign Affairs.

  Appropriate types of ordinary visa shall be issued to foreigners who enter China due to non-diplomatic or official reasons including work, study, family visit, travel, business activities and talent introduction. The types of ordinary visa and relevant issuance measures shall be stipulated by the State Council.

  Article 17 The registered items of a visa shall include visa type, name, sex, date of birth, number of allowed entries, validity period of entry and duration of stay of the holder, date and place of issuance, as well as passport number or other international travel documents number.

  Article 18 Foreigners who apply for visas shall submit their passports or other international travel documents, as well as information of specific application matters, to the visa-issuing authorities stationed abroad. They shall go through relevant formalities and accept interviews in accordance with the requirements of the visa-issuing authorities stationed abroad.

  Article 19 Where foreigners applying for visas need to provide written invitations issued by entities or individuals within China, the applicants shall provide such invitations in accordance with the requirements of the visa-issuing authorities abroad. Entities or individuals that issue written invitations shall be liable for the fidelity of the contents.

  Article 20 Foreigners who need to enter China urgently for humanitarian reasons, or are invited to enter China for urgent business or rush repair work, or have other urgent needs, and hold materials that prove the competent departments’ approval of their applying for visas at port, may apply for port visas with the visa-issuing authorities entrusted by the Ministry of Public Security at the ports (hereinafter referred to as “port visa authorities”) which are approved to issue port visas by the State Council.

  Travel agencies that organize inbound tourism in accordance with relevant State regulations may apply for group tourist visas from port visa authorities.

  Foreigners who apply to port visa authorities for visas shall submit their passports or other international travel documents, as well as relevant information of specific application matters. They shall go through relevant formalities in accordance with the requirements of the port visa authorities, and enter China at the ports where they apply for visas.

  Visas issued by port visa authorities shall be single entry and the duration of stay shall not exceed 30 days.

  Article 21 Under any of the following circumstances, visas shall not be issued to foreigners:

  (1) Was deported, or was repatriated upon decision, and the No-Entry-into-China period has not expired;

  (2) Is suffering from serious mental disorders, infectious tuberculosis or other infectious diseases that may severely jeopardize the public health;

  (3) May endanger China’s national security or interests, or disrupt social and public order, or engage in other illegal or criminal activities;

  (4) Resort to fraudulent acts in visa application or cannot guarantee expected expenditures during their stay in China;

  (5) Fail to submit relevant information required by the visa-issuing authorities; or

  (6) Other circumstances in which visa authorities consider a visa should not be issued.

  The visa-issuing authorities are not required to give reasons for refusing the issuance of a visa.

  Article 22 Under any of the following circumstances, foreigners may be exempt from applying for visas:

  (1) So exempted based on the visa exemption agreements signed by the Chinese government with the governments of other countries;

  (2) Hold valid foreigners’ residence permits;

  (3) Hold connected passenger tickets and are in transit to a third country or region by an international aircraft, ship or train via China, will stay for not more than 24 hours in China without leaving the port of entry, or will stay in the specific zones approved by the State Council within the prescribed time limit; or

  (4) Other circumstances stipulated by the State Council in which visas may be exempted.

  Article 23 Where foreigners under any of the following circumstances need to enter China temporarily, they shall apply to exit/entry border inspection agencies for going through the formalities for temporary entry:

  (1) Foreign seamen and their accompanying family members disembark at cities where the ports are located;

  (2) Persons specified in Subparagraph (3) of Article 22 of this Law need to leave ports; or

  (3) Foreigners need to enter China temporarily due to force majeure or for any other urgent reason.

  The duration of stay for temporary entry shall not exceed 15 days.

  For foreigners who apply for going through the formalities for temporary entry, exit/entry border inspection authorities may require such foreigners, the persons in charge of the transport vehicles used for such foreigners’ entry or the agencies handling the exit/entry business for transport vehicles to provide necessary guaranty measures.

  Section 2

  Entry and Exit

  Article 24 Foreigners who enter China shall submit their passports, other international travel documents, visas or other entry permits to the exit/entry border inspection authorities for examination, go through the prescribed formalities, and may enter upon examination and approval.

  Article 25 Under any of the following circumstances, foreigners shall not be allowed to enter China:

  (1) Hold no valid exit/entry documents, or refuse or evade border inspection;

  (2) Are involved in any of the circumstances specified in Subparagraph (1) through (4) of the first paragraph of Article 21 of this Law;

  (3) May engage in activities not conform to the types of visa after entering China; or

  (4) Other circumstances in which entry is not allowed in accordance with laws or administrative regulations.

  Exit/entry border inspection authorities are not required to give reasons for denying an entry.

  Article 26 Exit/entry border inspection authorities shall order foreigners who are denied entry in China to return, and shall force the return of those who refuse to do so. While waiting for return, those foreigners shall not leave the restricted zones.

  Article 27 Foreigners who exit China shall submit their exit/entry documents including passports or other international travel documents to the exit/entry border inspection authorities for examination, go through prescribed formalities, and may exit upon examination and approval.

  Article 28 Under any of the following circumstances, foreigners shall not be allowed to exit China:

  (1) Are sentenced to criminal punishments, the execution of which are not completed, or suspects or defendants in criminal cases, except those who are sentenced and transferred under relevant agreements between China and foreign countries;

  (2) Are involved in unsettled civil cases and are not allowed to exit China upon decision of the people’s courts;

  (3) Are in arrears of paying off labor remuneration and therefore are not allowed to exit by decision of the relevant departments under the State Council or of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government; or

  (4) Other circumstances in which exit shall not be allowed in accordance with laws or administrative regulations.

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