| Law on Control of the Entry and Exit of Aliens | ||
Adopted at the 13th Meeting oftheStandingCommitteeofthe Sixth National People's Congress, promulgatedby OrderNo.31ofthe President of the People's Republic of ChinaonNovember 22,1985,and effective as of February 1, 1986 Contents Chapter IGeneral Provisions Chapter IIEntry into the Country Chapter IIIResidence Chapter IVTravel Chapter VExit from the Country Chapter VIAdministrative Organs Chapter VIIPenalties Chapter VIIISupplementary Provisions
Article 1 This Law is formulated with a view to safeguarding the sovereignty ofthe People's Republic of China, maintaining its security and public order and facilitating international exchange. This Law is applicable to aliens entering,leavingandtransitingthe territory of the People's Republic of Chinaandtothoseresidingand traveling in China.Article 2 Aliens must obtain the permission ofthecompetentauthorities ofthe Chinese Government in order to enter, transit or reside in China.Article 3 For entry, exit and transit, aliens must pass through ports open to aliens or other designated portsandmustbesubjecttoinspectionbythe frontier inspection offices.For entry, exit and transit,foreign-owned means of transport mustpassthroughportsopentoaliens orother designated ports and must be subject to inspection and supervision bythe frontier inspection offices.Article 4 The Chinese Government shall protect the lawful rights andinterests of aliens on Chinese territory. Freedom of the person of aliens is inviolable. No alienmaybearrested except with the approval or by decision of a people's procuratorate orby decision of a people's court, and arrest must be made by a public security organ or state security organ.Article 5 Aliens in China must abide by Chinese laws and may not endanger thestate security of China, harm public interests or disrupt public order.Chapter II Entry into the Country
Article 6 For entry into China, aliens shall apply for visas from Chinese diplomatic missions, consular offices or other resident agencies abroad authorized by the Ministry of Foreign Affairs. In specificsituationsaliensmay,in compliance with the provisions of the State Council, applyforvisasto visa-granting offices at ports designated by the competent authoritiesof the Chinese Government. The entry of nationals from countrieshavingvisaagreementswiththe Chinese Government shall be handled in accordance with those agreements. In cases where another country has special provisions for Chinese citizens entering and transiting that country, the competentauthoritiesofthe ChineseGovernmentmayadoptreciprocal measurescontingentonthe circumstances. Visas are not requiredforaliens in immediate transitonconnected international flights who hold passenger tickets and stay for no more than24 hours in China entirely within airport boundaries. Anyonedesiringto leave the airport temporarily must obtainpermission fromthefrontier inspection office.Article 7 When applying for various kinds of visas,aliensshallpresentvalid passports and, if necessary, provide pertinent evidence.Article 8 Aliens who have been invited orhired to workinChinashall,when applying for visas, produce evidence of the invitation or employment.Article 9 Aliens desiring to reside permanently in China shall,whenapplyingfor visas, present status-of-residence identificationforms. Applicantsmay obtain such forms from public security organsattheplacewherethey intend to reside.Article 10 Thecompetentauthorities ofthe ChineseGovernmentshallissue appropriate visas to aliens according to thepurposesstatedintheir entry applications.Article 11 When an aircraft or a vessel navigating international routes arrives ata Chinese port, the captain or his agent must submit a passenger namelist to the frontier inspection office;a foreign aircraft or vessel must also provide a name list of its crew members.Article 12 Aliens who are considered a possible threat to China's state securityand public order shall not be permitted to enter China.
Article 13 For residence in China,aliensmustpossessidentificationpapersor residence certificates issued by the competent authorizes oftheChinese Government.The term of validity of identificationpapersorresidence certificates shall be determined according to the purposes of entry. Aliens residing in China shall submittheircertificatestothelocal public security organs for examination withintheprescribedperiodof time.Article 14 Aliens who,incompliancewithChineselaws,finditnecessaryto establish prolonged residence in China for thepurposeofinvestingin China or engaging in cooperativeprojectswithChineseenterprisesor institutions intheeconomic,scientific,technologicalandcultural fields, or for other purposes, are eligibleforprolongedorpermanent residence in China upon approvalbythecompetentauthoritiesofthe Chinese Government.Article 15 Aliens who seek asylum for political reasons shall be permitted toreside in China uponapprovalbythecompetentauthoritiesoftheChinese Government.Article 16 Aliens who fail to abide by Chinese laws may have their period of stayin China curtailed or their status of residenceinChinaannulledbythe competent authorities of the Chinese Government.Article 17 ForatemporaryovernightstayinChina,aliensshall complete registration procedures pursuant to the relevant provisions.Article 18 Aliens holding residence certificates who wish to changetheirplace of residence in China mustcompleteremovalformalitiespursuanttothe relevant provisions.Article 19 Aliens who have not acquired residence certificates or who are on astudy programme in China may not seek employment in China without permissionof the competent authorities of the Chinese Government.
Article 20 Aliens who hold valid visas or residence certificates may travel to places open to aliens as designated by the Chinese Government.Article 21 Aliens desiring to travel to places closed to aliens must applytolocal public security organs for travel permits.Chapter V Exit from the Country
Article 22 For exit from China, aliens shall present their valid passportsorother valid certificates.Article 23 Aliens belonging to any of the following categories shall notbeallowed to leave China:(1) defendants in criminal casesorcriminal suspectsconfirmedby a public security organ, a people's procuratorate or a people's court;(2) persons who, as notified by a people's court,shallbedeniedexit owing to involvement in unresolved civil cases; and(3) persons who have committed other acts in violation of Chinese lawwho have not been dealtwithandagainstwhomthecompetentauthorities consider it necessary to institute prosecution.Article 24 Frontier inspection offices shall have the power to stop aliensbelonging to any of the following categories from leaving the countryandtodeal with 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 Organs
Article 25 China's diplomatic missions, consular office s and other residentagencies abroad authorized by the Ministry of Foreign Affairs shall be the Chinese Government's agencies abroad to handle aliens' applications for entryand transit. The Ministry of Public Security, itsauthorizedlocalpublicsecurity organs, the Ministry of Foreign Affairs and its authorizedlocalforeign affairs departments shall be the Chinese Government's agencies in China to handle aliens' applications for entry, transit, residence and travel.Article 26 Theauthoritieshandlingaliens'applications forentry,transit, residence and travel shall have the power to refuse to issuevisasand certificates or to cancel visas and certificates already issued or declare them invalid. The Ministry of Public Security and the ministry of ForeignAffairsmay, when necessary, alter decisionsmadebytheir respectively authorized agencies.Article 27 An alien who enters or resides in Chinaillegallymaybedetainedfor examination or be subjected to residential surveillance or deportationby a public security organ at or above the county level.Article 28 While performing theirduties,foreignaffairspolice ofthepublic security organs at or above the countylevelshallhave the power to examine the passports and other certificates ofaliens.When conducting such examinations, the foreign affairspoliceshallproducetheirown service certificates, and relevant organizations or individuals shall have the duty to offer them assistance.
Article 29 If a person, in violation of the provisions of this Law, enters orleaves Chinaillegally,establishesillegalresidenceormakesanillegal stopover in China, travels to places closedto alienswithoutavalid travel document, forges or altersanentryorexitcertificate,uses another person's certificate as his own or transfers his certificate,he may be penalized by a public security organ at or above the county level with a warning, a fine or detention for not more thantendays. Ifthe circumstances of the caseareseriousenoughtoconstitutea crime, criminal responsibility shall be investigated in accordance with the law. If an alien subject to a fine or detentionbyapublic securityorgan refuses to accept thepenalty,hemay,within15daysofreceiving notification, appeal to the publicsecurityorganatthenexthigher level, which shall make the final decision; he may also directly file suit in the local people's court.Article 30 In cases where a person commits any of the acts stated inArticle29of this Law, ifthecircumstancesareserious,theMinistry ofPublic Security may impose a penalty by ordering him to leave the country within a certain time or may expel him from the country.Chapter VIII Supplementary Provisions
Article 31 For the purposes of this Law the term "alien" means any person not holding Chinese nationality according totheNationalityLawofthePeople's Republic of China.Article 32 Transitory entry into and exit from China by aliens who are nationalsof a country adjacent to China and who reside inareasborderingonChina shall be handled according to anyrelevantagreementsbetweenthetwo countries or, in the absence of such agreements, according to the relevant provisions of the Chinese Government.Article 33 The Ministry of Public Security and the Ministry of Foreign Affairs shall, pursuant to this Law, formulate rules for its implementation, whichshall go into effect after being submitted to and approved by the State Council.Article 34 Affairs concerning members of foreigndiplomaticmissionsandconsular offices in the People's Republic ofChinaandotheralienswhoenjoy diplomatic privileges and immunities, after their entry into China,shall be administered in accordance with the relevant provisionsoftheState Council and its competent departments.Article 35 This Law shall go into effect on February 1, 1986.Note: The English translation has not been examined and approved by the legislative body and can not be used as basis for law enforcement and public prosecution. Therefore it is for your reference only. |
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