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LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON
CONTROL OF THE ENTRY ANDEXIT OF ALIENS
Important Notice: (注意事项)
英文本源自中华人民共和国务院法制局编译,
中国法制出版社出版的《中华人民
共和国涉外法规汇编》(1991年7月版).
当发生歧意时,
应以法律法规颁布单位发布的中文原文为准.
This English document is coming from "LAWS AND REGULATIONS
OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED
MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of
the State
Council of the People's Republic of China, and is published
by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese
shall prevail.
Whole Document (法规全文)
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON CONTROL OF THE
ENTRY AND
EXIT OF ALIENS
(Adopted at the 13th Meeting of the Standing Committee of
the
Sixth National People's Congress, promulgated by Order No.
31 of the
President of the People's Republic of China on November 22,
1985, and
effective as of February 1, 1986)
Contents
Chapter I General Provisions
Chapter II Entry into the Country
Chapter III Residence
Chapter IV Travel
Chapter V Exit from the Country
Chapter VI Administrative Organs
Chapter VII Penalties
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is formulated with a view to safeguarding the
sovereignty of the
People's Republic of China, maintaining its security and
public order and
facilitating international exchange.
This Law is applicable to aliens entering, leaving and
transiting the
territory of the People's Republic of China and to those
residing and
travelling in China.
Article 2
Aliens must obtain the permission of the competent
authorities of the
Chinese Government in order to enter, transit or reside in
China.
Article 3
Chapter III Residence
Article 13
For residence in China, aliens must possess identification
papers or
residence certificates issued by the competent authorizes of
the Chinese
Government. The term of validity of identification papers or
residence
certificates shall be determined according to the purposes
of entry.
Aliens residing in China shall submit their certificates to
the local
public security organs for examination within the prescribed
period of
time.
Article 14
Aliens who, in compliance with Chinese laws, find it
necessary to
establish prolonged residence in China for the purpose of
investing in
China or engaging in cooperative projects with Chinese
enterprises or
institutions in the economic, scientific, technological and
cultural
fields, or for other purposes, are eligible for prolonged or
permanent
residence in China upon approval by the competent
authorities of the
Chinese Government.
Article 15
Aliens who seek asylum for political reasons shall be
permitted to reside
in China upon approval by the competent authorities of the
Chinese
Government.
Article 16
Aliens who fail to abide by Chinese laws may have their
period of stay in
China curtailed or their status of residence in China
annulled by the
competent authorities of the Chinese Government.
Article 17
For a temporary overnight stay in China, aliens shall
complete
registration procedures pursuant to the relevant provisions.
Article 18
Aliens holding residence certificates who wish to change
their place of
residence in China must complete removal formalities
pursuant to the
relevant provisions.
Article 19
Aliens who have not acquired residence certificates or who
are on a study
programme in China may not seek employment in China without
permission of
the competent authorities of the Chinese Government.
Chapter IV Travel
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
apply to local
public security organs for travel permits.
Chapter V Exit from the Country
Article 22
For exit from China, aliens shall present their valid
passports or other
valid certificates.
Article 23
Aliens belonging to any of the following categories shall
not be allowed
to leave China:
(1) defendants in criminal cases or criminal suspects
confirmed by a
public security organ, a people's procuratorate or a
people's court;
(2) persons who, as notified by a people's court, shall be
denied exit
owing to involvement in unresolved civil cases; and
(3) persons who have committed other acts in violation of
Chinese law who
have not been dealt with and against whom the competent
authorities
consider it necessary to institute prosecution.
Article 24
Frontier inspection offices shall have
the power to stop aliens belonging
to any of the following categories from leaving the country
and to deal
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 offices and other
resident agencies
abroad authorized by the Ministry of Foreign Affairs shall
be the Chinese
Government's agencies abroad to handle aliens' applications
for entry and
transit.
The Ministry of Public Security, its authorized local public
security
organs, the Ministry of Foreign Affairs and its authorized
local foreign
affairs departments shall be the Chinese Government's
agencies in China to
handle aliens' applications for entry, transit, residence
and travel.
Article 26
The authorities handling aliens' applications for entry,
transit,
residence and travel shall have the power to refuse to issue
visas and
certificates or to cancel visas and certificates already
issued or declare
them invalid.
The Ministry of Public Security and the Ministry of Foreign
Affairs may,
when necessary, alter decisions made by their respectively
authorized
agencies.
Article 27
An alien who enters or resides in China illegally may be
detained for
examination or be subjected to residential surveillance or
deportation by
a public security organ at or above the county level.
Article 28
While performing their duties, foreign affairs police of the
public
security organs at or above the county level shall have the
power to
examine the passports and other certificates of aliens. When
conducting
such examinations, the foreign affairs police shall produce
their own
service certificates, and relevant organizations or
individuals shall have
the duty to offer them assistance.
Chapter VII Penalties
Article 29
If a person, in violation of the provisions of this Law,
enters or leaves
China illegally, establishes illegal residence or makes an
illegal
stopover in China, travels to places closed to aliens
without a valid
travel document, forges or alters an entry or exit
certificate, 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 than ten
days. If the
circumstances 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 organ
refuses to accept the penalty, he may, within 15 days of
receiving
notification, appeal to the public security organ at the
next higher
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 in
Article 29 of
this Law, if the circumstances are serious, the Ministry of
Public
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 to the Nationality Law of the
People's
Republic of China.
Article 32
Transistory entry into and exit from China by aliens who are
nationals of
a country adjacent to China and who reside in areas
bordering on China
shall be handled according to any relevant agreements
between the two
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, which shall
go into effect after being submitted to and approved by the
State Council.
Article 34
Affairs concerning members of foreign diplomatic missions
and consular
offices in the People's Republic of China and other aliens
who enjoy
diplomatic privileges and immunities, after their entry into
China, shall
be administered in accordance with the relevant provisions
of the State
Council and its competent departments.
Article 35
This Law shall go into effect on February 1, 1986. |
