Exit and Entry Administration Law of the People’s Republic of China

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Order of the President of the People’s Republic  of China

  No. 57

  The Exit and Entry Administration Law of the  People’s Republic of China,adopted at the 27th meeting of the Standing Committee  of the Eleventh National People’s Congress of the People’s Republic of China on  June 30, 2012, and is hereby promulgated and shall come into force as of July 1,  2013.

                Hu Jintao

                President of the People’s  Republic of China

               June 30, 2012

  Exit and Entry Administration Law of the  People’s Republic of China

  (Adopted at the 27th meeting of the Standing  Committee of the Eleventh National People’s Congress on June 30, 2012)

  Contents

  Chapter I General Provisions

  Chapter II Exit and Entry of Chinese  Citizens

  Chapter III Entry and Exit of  Foreigners

  Section 1 Visa

  Section 2 Entry and Exit

  Chapter IV Stay and Residence of  Foreigners

  Section 1 Stay and Residence

  Section 2 Permanent Residence

Chapter V Border Inspection of Transport  Vehicles Exiting/Entering

  China

  Chapter VI Investigation and  Repatriation

  Chapter VII Legal Liabilities

  Chapter VIII Supplementary Provisions

  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.

  Chapter IV

  Stay and Residence of Foreigners

  Section 1

  Stay and Residence

  Article 29 Where the duration of stay  specified in a visa held by a foreigner does not exceed 180 days, the holder may  stay in China within the duration specified therein.

  Where the duration of stay needs to be  extended, the visa holder shall file an application with the exit/entry  administration of public security organ under the local people’s government at  or above the county level in the place of his stay seven days prior to the  expiry of the duration specified in the visa, and shall submit information of  specific application matters in accordance with relevant requirements. If upon  examination, the reasons for extension are appropriate and sufficient, such  extension shall be granted; if an extension is denied, the foreigner shall leave  China on the expiry of the duration.

  The accumulated length of extension shall not  exceed the original duration of stay specified in the visa.

  Article 30 Where visas held by foreigners  specify that foreigners need to apply for residence permits after entry, such  foreigners shall, within 30 days from the date of their entry, apply to the  exit/entry administrations of public security organs under local people’s  governments at or above the county level in the proposed places of residence for  foreigners’ residence permits.

  Applicants for foreigners’ residence permits  shall submit their passports or other international travel documents, as well as  relevant information of specific application matters, and provide biometric  identification information such as fingerprints. The exit/entry administrations  of public security organs shall, within 15 days upon the date of receipt,  conduct examination and make a decision thereupon. Based on the purpose of  residence, those administrations shall issue the appropriate types of  foreigners’ residence permits with the duration.

  The validity period of a foreigner’s  work-type residence permit shall be 90 days at the minimum and five years at the  maximum; and the validity period of a non-work-type foreigner’s residence permit  shall be 180 days at the minimum and five years at the maximum.

  Article 31 Under any of the following  circumstances, a foreigner’s residence permit shall not be issued:

  (1) The visa held does not belong to the type  for which a foreigner’s residence permit should be issued;

  (2) Resorts to fraudulent acts in  application;

  (3) Fails to provide relevant supporting  materials in accordance with relevant regulations;

  (4) Is not eligible to reside in China  because of violation of relevant Chinese laws or administrative regulations;  or

  (5) Other circumstances in which the issuing  authority considers a foreigner’s residence permit should not be issued.

  Foreigners with expertise and foreign  investors who conform to relevant State regulations or foreigners who need to  change their status from stay to residence for humanitarian or other reasons,  may undergo the formalities for obtaining foreigner’s residence permits upon  approval by the exit/entry administrations of public security organs under local  people’s governments at or above the city with districts.

  Article 32 Foreigners residing in China who  apply for the extension of the duration of residence shall, within 30 days prior  to the expiry of the validity period on their residence permits, file  applications with the exit/entry administrations of public security organs under  local people’s governments at or above the county level, and submit relevant  information of specific application matters in accordance with relevant  requirements. If upon examination, the reasons for extension are appropriate and  sufficient, an extension shall be granted; if an extension is denied, the  foreigner concerned shall leave China on the expiry of the validity period  specified in their residence permits.

  Article 33 The registered items of a foreign  residence permit shall include name, sex, date of birth, reason for residence  and duration of residence of the holder, date and place of issuance, passport  number or other international travel documents number.

  Where the registered item in a foreigner’s  residence permit has changed, the holder shall, within 10 days from the date of  change, apply to the exit/entry administration of public security organ under  the local people’s government at or above the county level in the place of  residence for going through the formalities for alteration.

  Article 34 Where visa-exempt foreigners need  to stay in China longer than the visa-free period, or foreign seamen and their  accompanying family members need to leave the cities where the ports are  located, or under other circumstances in which foreigners’ stay permits should  be applied for, they shall apply for such permits in accordance with relevant  regulations.

  The maximum validity period of a foreigner’s  stay permit shall be 180 days.

  Article 35 Where ordinary visas, stay or  residence permits held by foreigners need to be reissued due to damage, loss,  theft, robbery or other reasons in compliance with relevant State regulations  after foreigners enter China, those foreigners shall apply for a reissue with  the exit/entry administrations of public security organs under local people’s  governments at or above the county level in the places of stay or residence in  accordance with relevant regulations.

  Article 36 Decisions made by the exit/entry  administration of public security organ on rejecting applications for visa  extension or reissuance, or on not issuing foreigners’ stay or residence permits  or not extending the duration of residence shall be final.

  Article 37 Foreigners who stay or reside in  China shall not engage in activities not corresponding to the purpose of stay or  residence, and shall leave China prior to the expiry of the prescribed duration  of stay or residence.

  Article 38 Foreigners having reached the age  of 16 who stay or reside in China shall carry with them their passports or other  international travel documents, or foreigners’ stay or residence permits, and  accept the inspection of public security organs.

  Foreigners who reside in China shall, within  the prescribed time limit, submit foreigners’ residence permits to public  security organs under local people’s governments at or above the county level in  the places of residence for examination.

  Article 39 Where foreigners stay in hotels in  China, the hotels shall register their accommodation in accordance with the  regulations on the public security administration of the hotel industry, and  submit foreigners’ accommodation registration information to the public security  organs in the places where the hotels are located.

  For foreigners who reside or stay in  domiciles other than hotels, they or the persons who accommodate them shall,  within 24 hours after the foreigners’ arrival, go through the registration  formalities with the public security organs in the places of residence.

  Article 40 For foreign infants born in China,  their parents or agents shall, within 60 days after they are born, on the  strength of the birth certificates, go through the formalities for stay or  residence registration for them with the exit/entry administrations of public  security organs under people’s governments at or above the county level in the  places of their parents’ stay or residence.

  For foreigners who decease in China, their  relatives, guardians or agents shall, in accordance with relevant regulations,  on the strength of the death certificates, report their death to the exit/entry  administrations of the public security organs under local people’s governments  at or above the county level to cancel their stay or residence permits.

  Article 41 Foreigners who work in China shall  obtain work permits and work-type residence permits in accordance with relevant  regulations. No entities or individuals shall employ foreigners who have no work  permits or work-type residence permits.

  The administrative measures for foreigners  working in China shall be stipulated by the State Council.

  Article 42 The competent department of human  resources and social security and the competent department in charge of foreign  experts affairs under the State Council shall, in conjunction with relevant  departments under the State Council, formulate and regularly adjust the guiding  catalogue for foreigners working in China based on the needs for economic and  social development as well as the supply and demand of human resources.

  The competent department of education under  the State Council shall, in conjunction with relevant departments under the  State Council, establish an administrative system for foreign students working  to support their study in China and set forth regulations on the scope of jobs  and the limit of work time for such foreign students.

  Article 43 Any of the following acts of  foreigners shall be deemed unlawful employment:

  (1) Work in China without obtaining work  permits or work-type residence permits in accordance with relevant  regulations;

  (2) Work in China beyond the scope prescribed  in the work permits; or

  (3) Foreign students work in violation of the  regulations on the administration of foreign students working to support their  study in China and work beyond the prescribed scope of jobs or prescribed time  limit.

  Article 44 On the basis of the need for  maintaining national security and public security, public security organs and  national security organs may impose restrictions on foreigners and foreign  institutions from establishing places of residence or work in certain areas; and  may order that established places of residence or work be relocated within a  prescribed time limit.

  Without approval, foreigners shall not access  foreigner-restricted areas.

  Article 45 Entities that employ foreigners or  enroll foreign students shall report relevant information to local public  security organs in accordance with relevant regulations.

  Citizens, legal persons or other  organizations who find foreigners illegal enter, reside or work in China shall  duly report such matter to the local public security organs.

  Article 46 Foreigners applying for refugee  status may, during the screening process, stay in China on the strength of  temporary identity certificates issued by public security organs; foreigners who  are recognized as refugees may stay or reside in China on the strength of  refugee identity certificates issued by public security organs.

  Section 2

  Permanent Residence

  Article 47 Foreigners who have made  remarkable contribution to China’s economic and social development or meet other  conditions for permanent residence in China may obtain permanent residence  status upon application approved by the Ministry of Public Security.

  The administrative measures for examination  and approval of foreigners’ permanent residence in China shall be stipulated by  the Ministry of Public Security and the Ministry of Foreign Affairs in  conjunction with relevant departments under the State Council.

  Article 48 Foreigners who have obtained  permanent residence status may reside or work in China on the strength of  permanent residence permits, and exit or enter China on the strength of their  passports and permanent residence permits.

  Article 49 Where foreigners fall under any of  the following circumstances, the Ministry of Public Security shall decide to  cancel their permanent residence status in China:

  (1) Endanger China’s national security or  interests;

  (2) Are deported;

  (3) Obtain permanent residence status in  China by fraudulent acts;

  (4) Fail to reside in China for the  prescribed time limit; or

  (5) Other circumstances in which foreigners  are not eligible to reside in China permanently.

  Chapter V

  Border Inspection of Transport Vehicles  Exiting/Entering China

  Article 50 Transport vehicles that exit or  enter China shall be subject to border inspection when leaving or arriving at  ports. Border inspection of entering transport vehicles shall be conducted at  the first arriving port in China; border inspection of exiting transport  vehicles shall be conducted at the last port when they leave China. Under  special circumstances, border inspection may be conducted in places designated  by competent authorities.

  Without the permission of exit/entry border  inspection authorities in accordance with prescribed procedures, transport  vehicles that exit China shall not embark or disembark passengers, or load and  unload goods or articles between exit inspection and exit, and nor shall  transport vehicles that enter China do so between entry and entry  inspection.

  Article 51 Persons in charge of transport  vehicles or agencies handling the exit/entry business for transport vehicles  shall, in accordance with relevant regulations, report to the exit/entry border  inspection authorities in advance on the entering or exiting transport vehicles’  time of arrival at or departure from the port and the places of stay, and  truthfully declare information including staff, passengers, goods and  articles.

  Article 52 Persons in charge of transport  vehicles or agencies handling the exit/entry business for transport vehicles  shall provide cooperation in exit/entry border inspection, and shall immediately  report any violations of this Law found thereby and give assistance in the  investigation and handling of such violations.

  Where transport vehicles that enter China  carry persons who are not allowed to enter China, the persons in charge of the  transport vehicles shall be responsible for their leaving.

  Article 53 Exit/entry border inspection  authorities shall supervise transport vehicles that exit or enter China under  any of the following circumstances:

  (1) Between exit border inspection and exit  for transport vehicles that exit China, and between entry and entry border  inspection for transport vehicles that enter China;

  (2) When foreign ships navigate in China’s  inland waters; or

  (3) Other circumstances in which supervision  is necessary.

  Article 54 Persons who need to embark on or  disembark from foreign ships for reasons such as goods loading or unloading,  maintenance operations or visit shall apply to exit/entry border inspection  authorities for boarding pass.

  Where a Chinese ship needs to berth alongside  a foreign ship, or a foreign ship needs to berth alongside another foreign ship,  the captain or the agency handling the exit/entry business for relevant  transport vehicles shall apply to the exit/entry border inspection authority for  going through formalities for berth.

  Article 55 Foreign ships and aircrafts shall  navigate according to prescribed routes.

  Ships and aircrafts that exit or enter China  shall not access areas outside the ports open to foreign countries. The  aforesaid ships or aircrafts that access such areas due to unforeseeable  emergencies or force majeure shall immediately report to the nearest exit/entry  border inspection authority or local public security organ, and accept  supervision and administration.

  Article 56 Under any of the following  circumstances, transport vehicles shall be not allowed to exit or enter China;  those that have left ports may be ordered to return:

  (1) Exit or enter China without examination  and approval when leaving or arriving at port;

  (2) Change the port of exit or entry without  approval;

  (3) Are suspected of carrying persons who are  not allowed to exit or enter China and therefore need to be inspected and  verified;

  (4) Are suspected of carrying articles  endangering national security or interests or disrupting social or public order  and therefore need to be inspected and verified; or

  (5) Other circumstances in which transport  vehicles refuse to subject themselves to exit/entry border inspection  authorities’ administration.

  After the circumstances specified in the  preceding paragraph disappear, exit/entry border inspection authorities shall  immediately release relevant transport vehicles.

  Article 57 Agencies handling the exit/entry  business for transport vehicles shall file records with exit/entry border  inspection authorities. For agents engaging in such a business, the entities  they work for shall file relevant records for them with exit/entry border  inspection authorities.

  Chapter VI

  Investigation and Repatriation

  Article 58 Measures for on-the-spot  interrogation, continued interrogation, detention for investigation, movement  restriction and repatriation prescribed in this Chapter shall be enforced by  public security organs under local people’s governments at or above the county  level or by exit/entry border inspection authorities.

  Article 59 Persons suspected of violating the  regulations on exit/entry administration may be interrogated on the spot; upon  on-the-spot interrogation, the aforesaid persons may be interrogated in  continuation in accordance with the law under any of the following  circumstances:

  (1) Are suspected of illegally exiting or  entering China;

  (2) Are suspected of assisting others in  illegally exiting or entering China;

  (3) Are foreigners suspected of illegally  residing or working in China; or

  (4) Are suspected of endangering national  security or interests, disrupting social or public order, or engaging in other  illegal or criminal activities.

  On-the-spot interrogation and continued  interrogation shall be conducted in accordance with the procedures prescribed in  the People’s Police Law of the People’s Republic of China.

  Where public security organs under local  people’s governments at or above the county level or exit/entry border  inspection authorities need to summon the persons suspected of violating the  regulations on exit/entry administration, they shall handle the matter in  accordance with the relevant regulations of the Law of the People’s Republic of  China on Penalties for Administration of Public Security.

  Article 60 Where foreigners involved in any  of the circumstances specified in the first paragraph of Article 59 of this Law  cannot be cleared of suspicion after on-the-spot interrogation or continued  interrogation and therefore need to be further investigated, he may be detained  for investigation.

  When detaining a foreigner for investigation,  the authority concerned shall present a written decision on detention for  investigation and shall interrogate the detained foreigner within 24 hours.  Where the aforesaid organ finds that a foreigner should not be detained for  investigation, it shall immediately release him from detention for  investigation.

  The period of detention for investigation  shall not exceed 30 days; for complicated cases, the period may be extended to  60 days upon approval by the public security organs under the local people’s  governments at the next higher level or by the exit/entry border inspection  authorities at the next higher level. For foreigners whose nationalities and  identities are unknown, the period of detention for investigation shall be  calculated from the date when their nationalities and identities are found  out.

  Article 61 Under any of the following  circumstances, detention for investigation is not applicable to foreigners,  however, their movements may be restricted:

  (1) Suffer from serious diseases;

  (2) Are pregnant or breast-feeding their own  infants under one year of age;

  (3) Are under 16 years of age or have reached  the age of 70; or

  (4) Other circumstances in which detention  for investigation should not be applied.

  Foreigners whose movements are restricted  shall subject themselves to investigation as required, and shall not leave the  restricted zones without approval of public security organs. The period of  movement restriction shall not exceed 60 days. For foreigners whose  nationalities and identities are unknown, the period of movement restriction  shall be calculated from the date when their nationalities and identities are  found out.

  Article 62 Under any of the following  circumstances, foreigners may be repatriated:

  (1) Are ordered to exit China within a  prescribed time limit but fail to do so;

  (2) Are involved in circumstances in which  they are not allowed to enter China;

  (3) Illegally reside or work in China;  or

  (4) Need to be repatriated for violation of  this Law or other laws or administrative regulations.

  Other overseas personnel who fall under any  of the circumstances prescribed in the preceding paragraph may be repatriated in  accordance with the law.

  Repatriated persons shall not be allowed to  enter China for one to five years, calculating from the date of  repatriation.

  Article 63 Persons who are detained for  investigation or who are to be repatriated upon decision but cannot be  repatriated promptly shall be held in custody in detention houses or places of  repatriation.

  Article 64 Foreigners dissatisfied with the  measure imposed on them in accordance with this Law, such as continued  interrogation, detention for investigation, movement restriction or  repatriation, may apply for administrative reconsideration in accordance with  the law, and the administrative reconsideration decision shall be final.

  Where other overseas personnel dissatisfied  with the decision of repatriation imposed on them in accordance with this Law  apply for administrative reconsideration, the provisions in the preceding  paragraph are applicable.

  Article 65 Where persons are not allowed to  exit or enter China upon decisions made in accordance with the law, the  decision-making authorities shall duly inform the exit/entry border inspection  authorities of such decisions in accordance with relevant regulations; where the  circumstances in which the persons are not allowed to exit or enter China  disappear, the decision-making authorities shall duly cancel the aforesaid  decisions and inform exit/entry border inspection authorities of the  cancellation.

  Article 66 On the basis of the need for  safeguarding national security and maintaining the order of exit/entry  administration, exit/entry border inspection authorities may, when necessary,  search the persons entering and exiting the country. Personal Search shall be  conducted by two border inspectors who are the same sex as the persons subject  to the search.

  Article 67 In such cases that the exit/entry  documents such as visas or foreigners’ stay or residence permits are damaged,  lost or stolen, or that after the issuance of such documents, the holders are  found not eligible for being issued such documents, the issuing authorities  shall declare the aforesaid documents void.

  Exit/entry documents which are forged,  altered, obtained by fraudulent means or are declared void by issuing  authorities shall be invalid.

  Public security organs may cancel or  confiscate the exit/entry documents prescribed in the preceding paragraph or  used fraudulently by persons other than the specified holders.

  Article 68 Public security organs may seize  the transport vehicles used to organize, transport or assist others in illegally  exiting or entering China as well as the articles needed as evidence in handling  the cases.

  Public security organs shall seize banned  articles, documents and data involving state secrets, as well as tools used in  activities violating the regulations on exit/entry administration, and handle  them in accordance with relevant laws or administrative regulations.

  Article 69 The authenticity of exit/entry  documents shall be determined by the issuing authorities, the exit/entry border  inspection authorities or the exit/entry administrations of public security  organs.

  Chapter VII

  Legal Liabilities

  Article 70 Unless otherwise provided for in  this Chapter, the administrative penalties prescribed in this Chapter shall be  decided by the public security organs under local people’s governments at or  above the county level or the exit/entry border inspection authorities.  Penalties involving the imposition of warnings or fines of not more than RMB  5,000 yuan may be decided by the exit/entry administrations of public security  organs under local people’s governments at or above the county level.

  Article 71 Persons who commit any of the  following acts shall be fined not less than RMB 1,000 yuan but not more than RMB  5,000 yuan; where circumstances are serious, such persons shall be detained for  not less than five days but not more ten days and may also be fined not less  than RMB 2,000 yuan but not more than RMB 10,000 yuan.

  (1) Exit or enter China with forged, altered  or fraudulently obtained exit/entry documents;

  (2) Exit or enter China using others’  exit/entry documents;

  (3) Evade exit/entry border inspection;  or

  (4) Illegally exit or enter China in any  other way.

  Article 72 Persons who assist others in  illegally exiting or entering China shall be fined not less than RMB 2,000 yuan  but not more than RMB 10,000 yuan; where circumstances are serious, they shall  be detained for not less than 10 days but not more than 15 days and shall also  be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan, and the  illegal gains, if any, shall be confiscated.

  Entities engaging in any of the acts  prescribed in the preceding paragraph shall be fined not less than RMB 10,000  yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated if  there are any; and the persons in charge of the entities who are directly  responsible and other persons directly responsible shall be punished in  accordance with the provisions in the preceding paragraph.

  Article 73 Persons who obtain exit/entry  documents such as visas or stay or residence permits by resorting to fraudulent  acts shall be fined not less than RMB 2,000 yuan but not more than RMB 5,000  yuan; where circumstances are serious, they shall be detained for not less than  10 days but not more than 15 days and shall also be fined not less than RMB  5,000 yuan but not more than RMB 20,000 yuan.

  Entities engaging in any of the acts  prescribed in the preceding paragraph shall be fined not less than RMB 10,000  yuan but not more than RMB 50,000 yuan; and the persons in charge of the  entities who are directly responsible and other persons directly responsible  shall be punished in accordance with the provisions in the preceding  paragraph.

  Article 74 Persons who issue written  invitations or other application materials to foreigners in violation of this  Law shall be fined not less than RMB 5,000 yuan but not more than RMB 10,000  yuan, with the illegal gains confiscated if there are any, and shall also be  ordered to bear exit expenses of the invited foreigners.

  Entities engaging in any of the acts  prescribed in the preceding paragraph shall be fined not less than RMB 10,000  yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated if  there are any, and shall also be ordered to bear exit expenses of the invited  foreigners; the persons in charge of the entities who are directly responsible  and other persons directly responsible shall be punished in accordance with the  provisions in the preceding paragraph.

  Article 75 Where Chinese citizens are  repatriated due to illegally going to other countries or regions after exiting  China, exit/entry border inspection authorities shall confiscate their  exit/entry documents. Exit/entry document issuing authorities shall refuse to  issue new exit/entry documents to such citizens for a period ranging from six  months to three years calculating from the date of their repatriation.

  Article 76 Under any of the following  circumstances, a warning shall be given, and a fine of not more than RMB 2,000  yuan may also be imposed:

  (1) Foreigners refuse to accept examination  of their exit/entry documents by public security organs;

  (2) Foreigners refuse to submit their  residence permits for examination;

  (3) Persons concerned fail to go through the  formalities for foreigners’ birth registration or death declaration in  accordance with relevant regulations;

  (4) Foreigners fail to go through the  formalities for altering registration in accordance with the relevant  regulations when there is any change in the registered items in their residence  permits;

  (5) Foreigners in China use others’  exit/entry documents; or

  (6) Persons concerned fail to go through  registration formalities in accordance with the provisions in the second  paragraph of Article 39 of this Law.

  Hotels that fail to process accommodation  registration for foreigners shall be punished in accordance with the relevant  provisions of the Law of the People’s Republic of China on Penalties for  Administration of Public Security; hotels that fail to submit foreigners’  accommodation registration information to public security organs shall be given  a warning; where circumstances are serious, such hotels shall be fined not less  than RMB 1,000 yuan but not more than RMB 5,000 yuan.

  Article 77 Foreigners accessing  foreigner-restricted areas without approval shall be ordered to leave promptly;  where circumstances are serious, such foreigners shall be detained for not less  than five days but not more than ten days. The text records, audio-visual data,  electronic data and other articles illegally obtained thereof by the foreigners  shall be confiscated or destroyed, and the tools used for the aforementioned  purposes shall be confiscated.

  Foreigners or foreign institutions refusing  to execute decisions made by public security organs or national security organs  ordering them to relocate within a prescribed time limit shall be given a  warning and be relocated mandatorily; where circumstances are serious, relevant  responsible persons shall be detained for not less than five days but not more  than fifteen days.

  Article 78 Foreigners who reside in China  illegally shall be given a warning; where circumstances are serious, they shall  be imposed with a fine of RMB 500 yuan per day, with a cap of RMB 10,000 yuan in  total, or be detained for not less than five days but not more than 15  days.

  Where guardians or other persons responsible  for guardianship fail to perform the guardian obligation and result in  foreigners below 16 years of age residing in China illegally, the said guardians  or other obligated persons shall be given a warning and may also be fined not  more than RMB 1,000 yuan.

  Article 79 Persons harboring or hiding  foreigners who illegally enter or reside in China, or assisting such foreigners  in evading inspection, or providing, in violation of the law, exit/entry  documents for foreigners who illegally reside in China shall be fined not less  than RMB 2,000 yuan but not more than RMB 10,000 yuan; where circumstances are  serious, such persons shall be detained for not less than five days but not more  than fifteen days and shall also be fined not less than RMB 5,000 yuan but not  more than RMB 20,000 yuan, with the illegal gains confiscated if there are  any.

  Entities engaging in any of the acts  prescribed in the preceding paragraph shall be fined not less than RMB 10,000  yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated if  there are any; and the persons in charge of the entities who are directly  responsible and other persons directly responsible shall be punished in  accordance with the provisions in the preceding paragraph.

  Article 80 Foreigners who work in China  illegally shall be fined not less than RMB 5,000 but not more than RMB 20,000  yuan; where circumstances are serious, they shall be detained for not less than  five days but not more than fifteen days and shall also be fined not less than  RMB 5,000 yuan but not more than RMB 20,000 yuan.

  Persons who introduce jobs to ineligible  foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to  one foreigner, with a cap of not more than RMB 50,000 yuan in total; and  entities that introduce jobs to ineligible foreigners shall be fined RMB 5,000  yuan for each job illegally introduced to one foreigner, with a cap of RMB  100,000 yuan in total; and the illegal gains, if any, shall be  confiscated.

  Individuals or entities that illegally employ  foreigners shall be fined RMB 10,000 yuan for each illegally employed foreigner,  with a cap of RMB 100,000 yuan in total; and the illegal gains, if any, shall be  confiscated.

  Article 81 Where foreigners engage in  activities not corresponding to the purposes of stay or residence, or otherwise  violate the laws or regulations of China, which makes them no longer eligible to  stay or reside in China, they may be ordered to exit China within a time  limit.

  Where a foreigner’s violation of this Law is  serious but does not constitute a crime, the Ministry of Public Security may  deport them. The penalty decision made by the Ministry of Public Security shall  be final.

  Deported foreigners shall not be allowed to  enter China within 10 years calculating from the date of deportation.

  Article 82 Under any of the following  circumstances, relevant persons shall be given a warning and may also be fined  not more than RMB 2,000 yuan:

  (1) Disrupt the administrative order of the  restricted zones of ports;

  (2) Foreign seamen or their accompanying  family members disembark without going through the formalities for temporary  entry; or

  (3) Embark on or disembark from foreign ships  without obtaining boarding passes.

  Persons who violate Subparagraph (1) of the  preceding paragraph may be detained for not less than five days but not more  than ten days if the circumstances are serious.

  Article 83 Where transport vehicles fall  under any of the following circumstances, the persons in charge of the transport  vehicles shall be fined not less than RMB 5,000 yuan but not more than RMB  50,000 yuan:

  (1) Exit or enter China without examination  and approval, or change the ports of exit or entry without approval;

  (2) Fail to truthfully declare information of  staff, passengers, goods or articles, or refuse to assist in exit/entry border  inspection; or

  (3) Embark or disembark passengers, or load  or unload goods or articles in violation of the regulations on exit/entry border  inspection.

  Transport vehicles that exit or enter China  carrying persons who are not allowed to exit or enter China shall be fined not  less than RMB 5,000 yuan but not more than RMB 10,000 yuan for each aforesaid  person carried. Where the persons in charge of the transport vehicles prove that  they have taken reasonable preventative measures, they may be given mitigated  penalties or be exempt from penalties.

  Article 84 Where transport vehicles fall  under any of the following circumstances, the persons in charge of the transport  vehicles shall be fined not less than RMB 2,000 yuan but not more than RMB  20,000 yuan:

  (1) Chinese or foreign ships berth alongside  foreign ships without approval;

  (2) Foreign ships or aircrafts fail to  navigate according to the prescribed routes in China; or

  (3) Ships and aircrafts that exit or enter  China access areas outside the ports open to foreign countries.

  Article 85 Where staff members performing the  duty of exit/entry administration commit any of the following acts, they shall  be given disciplinary sanctions in accordance with the law:

  (1) In violation of laws or administrative  regulations, issue exit/entry documents such as visas or stay or residence  permits to foreigners who do not meet the prescribed conditions;

  (2) In violation of laws or administrative  regulations, examine and allow the exit or entry of persons or transport  vehicles that do not meet the prescribed conditions;

  (3) Divulge personal information gained in  exit/entry administration work and infringing the legitimate rights and  interests of relevant parties;

  (4) Fail to turn over in accordance with  relevant regulations to the State Treasury the fees, fines or illegal gains or  property that are collected or confiscated in accordance with the law;

  (5) Privately share, encroach on or  misappropriate the funds or articles confiscated or seized or the fees  collected; or

  (6) Other failures in performing statutory  duties in accordance with the law, such as abuse of power, dereliction of duty,  or resorting to malpractice for personal gain.

  Article 86 In the case of violation of  regulations on exit/entry administration and that a fine of not more than RMB  500 yuan should be imposed, the exit/entry border inspection authorities may  make a penalty decision on the spot.

  Article 87 Persons or entities that are fined  for violation of regulations on exit/entry administration shall pay their fines  in the designated banks within 15 days from the date of receiving the written  decision on penalty. Where it is difficult to collect fines after a fine is  imposed because the person or entity subject to penalty has no fixed domicile in  the place where the fine is imposed or it is difficult to pay fine to the  designated bank at the port, the fine may be collected on the spot.

  Article 88 Where a violation of this Law  constitutes a crime, criminal liabilities shall be investigated in accordance  with the law.

  Chapter VIII

  Supplementary Provisions

  Article 89 Definitions of the following terms  mentioned in this Law:

  Exit refers to leaving the Chinese mainland  for other countries or

  regions, for the Hong Kong Special  Administrative Region or the Macao

  Special Administrative Region, or for Taiwan  Region.

  Entry refers to entering the Chinese mainland  from other countries or regions, from the Hong Kong Special Administrative  Region or the Macao Special Administrative Region, or from Taiwan Region.

  Foreigners refer to persons without Chinese  nationality.

  Article 90 Upon approval by the State  Council, provinces and autonomous regions bordering on neighboring countries  may, in accordance with the boundary administration agreements signed by China  with relevant countries, formulate local regulations or local government rules  to regulate the association of residents in border areas of the two  countries.

  Article 91 Where there are other regulations  on the administration of the entry/exit, stay or residence of the members of  foreign diplomatic and consular missions in China, or the entry/exit, stay or  residence of other foreigners who enjoy diplomatic privileges and immunities,  these regulations shall prevail.

  Article 92 Foreigners who apply for  exit/entry documents such as visas or foreigner stay or residence permits or  apply for document extension or alteration shall pay visa fees or document fees  in accordance with relevant regulations.

  Article 93 This Law shall come into force as  of July 1, 2013. The Law of the People’s Republic of China on the Entry and Exit  Administration of Foreigners and the Law of the People’s Republic of China on  the Entry and Exit Administration of Chinese Citizens shall be annulled  simultaneously.