Inspection of entry and exit certificates
1 Upon arrival at a Chinese port, aliens shall submit their valid passports, Chinese visas and certificates to border check posts for examination and shall fill in entry and exit forms. They may enter china after the border check posts complete inspection and affix inspection seals.
2 When a foreign aircraft or vessel arrives at a Chinese port, the person in charge shall fulfill the following obligations:
1) The captain or his/her agent must submit lists of the crew members and passengers to the border check post;
2) Report, immediately upon discovery, cases of persons abroad attempting to illegally cross china¡¯s borders to the border check post for action;
3) See to it that persons not permitted to enter china leave on the original means of transport and that the expenses during the stay in china of persons who cannot promptly leave the country through force majeure are covered along with their travel expenses for departure.
3 The border check posts have the right to prevent the entry or exit of aliens coming under the following categories:
1) Those who do not hold valid passports, certificates or visas;
2) Those who hold forged, altered or other than their own passports or certificates;
3) Those who refuse to have their certificates examined;
4) Those who are under notice by the Ministry of Public Security or the Ministry of State Security forbidding their entry or exit.
4 For exit, aliens shall submit for examination their valid passports or other valid certificates as well as visas or residence certificates permitting their stay in china.
5 Aliens and their means of transport required by the visa agencies to pass through designated ports shall only enter or depart through the said ports.
6) With regards to the aliens denied entry under Article 2 of the present Rules who cannot return promptly on the original means of transport, border check posts may take the necessary measures to limit the area of their activities and order them to leave china on the next available means of transport.
Residence
1 Aliens holding visas D,Z, X ORJ-1 shall, within 30 days of entry into China, Obtain alien¡¯s residence cards or aliens¡¯ temporary residence cards from the city of county public security bureau at the place of their residence. The period of validity of the aforementioned certificates is the duration of the holders¡¯ permitted stay in China.
Aliens¡¯ residence cards are issued to those who stay in China for one year or more.
Aliens¡¯ temporary residence cares are issued to those who stay less than one year in China.
Aliens holding visas F, L, G, C or J-2 may stay in China for the period prescribed in their visas without obtaining residence certificates.
2 In applying for residence certificates, aliens shall provide such information as requested and complete the following procedures:
1) Submit for examination their Passport, Visa and paper sup-porting their purposes of residence;
2) Fill in residence application forms;
3) In applying for aliens¡¯ residence cards, submit for examination health certificates and recently taken two-inch half-length, Bareheaded, full-faced photos.
3 The validity period of aliens¡¯ residence cards, which ranges from one to five years, shall be decided by the city or county public security bureau according to the aliens¡¯ purposes of residence.
The public security organs may issue certificates of long-term residence status valid for one to five years and may issue certificates of permanent residence status to those with meritorious performance.
4 Aliens who need to prolong their stay or residence in China beyond the expiration of their visas or residence certificates shall apply for an extension before the expiration of their visas of certificates.
5 In case of any changes n the information written in an aliens¡¯ residence card (such as name, nationality, occupation, status, place of work, address, passport number and accompanying children), the holder of the card shall, within 10 days, register such changes with the public security bureau at the place of his/her residence.
6 The holder of an alien¡¯s residence card who wishes to move out of city or county of residence shall, before moving, register the move with the public security bureau at the original place of residence and shall, within 10 days of arrival at the new place of residence, register the move-in with the public security bureau at the new place of residence.
An alien residing permanently in China who wishes to apply for a change of residence shall apply in advance to the public security bureau at the new place of residence for a certificate permitting the move-in and register the move on the strength of the certificate in accordance with the provisions of the previous paragraph.
7 For the sake of national security, public order or other public interests, a city or county public security bureau may declare certain areas out of bounds for the establishment of residences or offices by aliens or foreign institutions, residences and offices that have already been established in these restricted areas shall be moved to non-restricted areas within the time limit prescribed in the notice of moving issued by the city or county public security bureau.
8 Aliens residing permanently in China shall, once every year and at a prescribed time, submit their residence cards for examination to the public security bureau at their place pf residence.
The public security bureau may, when necessary, ask an alien to submit his/her residence card to the exit and entry department for examination, and the alien shall do so at the time prescribed in the notice.
9 Aliens at the age of 16 and upwards who reside or stay in China shall carry with them their residence certificates or passports for possible examination by police in charge of foreign affairs.
10 The parents of an alien infant born in China or their agent shall within one month after its birth report to the local public security bureau with the birth certificate and completes registration procedures.
11 When an alien dies in China, his/her family members or guardian or agent shall, with 3 days, report to the local public security bureau with the death certificate and hand in the deceased¡¯s residence certificate or visa for cancellation.
In case of an unnatural death of an alien, the persons concerned or the discoverer shall promptly report to the public security organ.
12 The competent authorities or the Chinese government referred to the law on Entry and Exit of Aliens are the Ministry of Labor of the P R of China.
Travel
1 An alien wishing to travel to cities or counties closes to aliens shall apply in advance for a travel permit to the public security bureau of the city or country where he/she stays and may proceed there only with permission. To apply for a travel permit, the following procedures must be completed:
1) Submit passport or residence certificate for examination;
2) Provide papers supporting the purposes of travel;
3) Fill a travel application form.
2 An alien¡¯s travel permit shall be valid for one year at the most, and may not exceed the period of validity of his/her visa or residence certificate.
3 An alien who, after obtaining a travel permit, wishes to extend its validity, tour more places closed to aliens or increase the number of accompanying persons shall apply to the public security bureau for extension or alteration..
4 Aliens shall not enter places closed to aliens without permission.
Exit
1 Aliens shall leave China within the time limit prescribed in the visas or within the period of validity of their residence certificates.
2 The holder of an alien¡¯s residence certificate who wishes to leave and then re-enter China within the period of validity of the said certificate shall, before leaving China within the period of validity of the said certificate shall, before leaving China, apply to the local public security organ for a re-entry visa in accordance with the relevant provision.. An alien holding a residence certificate who does not wish to return to China after exit shall hand in his/her residence certificate for cancellation to the border check post upon exit..
Penalties
1 Aliens who illegally enter or exit China may be fined from 1000 to 10000 Yuan (RMB) or detained from 3 to 10 days and may simultaneously be ordered to leave the county within a specified time or expelled from the country. Those whose offences are serious enough to constitute a crime shall be prosecuted for criminal responsibility according to law.
2 A person in charge of a means of transport or his/her agent who refuses to bear responsibility in contravention of Inspection of entry and exit certificates 2 may be fined from 1000 to 10000 Yuan or detained from 3 to 10 days.
3 Aliens who illegally stay in China may be served a warring, fined 500 Yuan per day for the period of his/her illegal stay ion China with the total sum of fine not exceeding 5000 Yuan, or detained from 3 to 10 days. Thos whose offences are serious may at the same time be ordered to leave the country within a specified time.
4 Aliens who found employment without permission from the Ministry of Labor of the P R of china or its authorized department shall have their posts or employment terminates and may at the same time be fined up to 1000 Yuan, and those whose offences are serious may at the same time be ordered to leave the county within a specified time.
5 whoever is held responsible for failing to register accommodation or report such registration to the public security organ, or for accommodation aliens without valid certificates may be served a warning or fine from 50 to 500 Yuan.
6 Aliens who travel to areas closed to aliens without prior permission may be served a warning of fined up to 500 Yuan, and those whose offences are serious may at the same time be ordered to leave the country within a specified time.
7 Aliens who forge, alter, ,issue, transfer, buy or sell visas or certificates shall have the said visas, certificates and illicit revoked or confiscated and may be fined from 1000 to 10000 Yuan or detained from 3 to 10 days, and may at the same time be ordered to leave the country within a specified time, and those whose offences are serious enough to constitute a crime shall be prosecuted for their criminal responsibility according to law.
8 Whoever out of force majeure acts in contravention of the law on the Entry and Exit of Aliens and the present Rules may be exempted from penalties.
Aliens who are unable to pay a fine may be subjected to detention instead.
9 Penalties such as fines and detention provided for in this Chapter shall also apply to persons held responsible for assisting aliens to enter or leave China illegally, or causing aliens to reside or stay illegally in China, or employing aliens who seek jobs without permission, or providing facilities for aliens to travel without valid travel permits to areas closed to aliens.
10 If an alien being fined or detained by a public security organ refuses to accept such penalty, he/she may, within 15 days of receiving notification, appeal to the original adjudication organ or directly to the next higher public security organ, which shall make the final judgment within 15 days of receiving the appeal. The person being penalized may also file a suit directly with a local people¡¯s court.
11 The Penalties provided for in this Chapter shall be executed by the public security organs.
Other Provisions
1 Aliens who wish to apply for extension or alteration of visas or certificates shall complete the following procedures:
1) Submit their passport, visas and certificates for examination;
2) Fill in application forms for extension or alteration;
3) Provide papers supporting reasons for extension or alteration.
2 Aliens applying for visas and certificates or for their extension or alteration shall pay visa and certificate fees according to the prescribed rates.
The rates of visa and certificate fees shall be prescribed by the Ministry of Public Security and the Ministry of Foreign Affairs.
Persons from countries that have agreements on visa fees with the Chinese government shall act in accordance with the pertinent agreements.
3 An alien whose Chinese visa or certificate is lost or damaged shall promptly report to the exit and entry department under the local public security bureau and apply for a new one or a replacement. An alien who has lost his/her residence card shall declare the lost card invalid in an official local newspaper.
4 The format of the various visas, certificates and application forms referred to in the present Rules shall be decided upon by the Ministry of Public Security and the Ministry of Foreign Affairs.
5 The Present Rules shall be implemented from the date of their promulgation. |
