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Shaanxi Service Platform for Foreigners | Law of the People's Republic of China

Release time:2021-08-05    |    Number of views:

Orders to record


Chapter I General Provisions


Chapter II Entry into the Country


Chapter III Residence


Chapter iv Travel


Chapter v Exit


Chapter VI Administrative organs


Chapter VII Punishments


Chapter VIII Supplementary Provisions


Chapter I General Provisions


Article 1 This Law is formulated with a view to safeguarding the sovereignty, security and public order of the People's Republic of China and facilitating international exchanges.


This Law is applicable to aliens entering, leaving and passing the territory of the People's Republic of China and to aliens residing and traveling in China.


Article 2 Aliens must obtain permission from the competent authorities of the Chinese government to enter, transit or reside in China.


Article 3 For entry, exit and border crossings, aliens must pass through ports open to aliens or other designated ports and be subject to inspection by prevention and inspection offices.


For entry, exit and border crossings, foreign means of transport must pass through ports open to foreigners or designated ports and be subject to inspection and guardianship by prevention and inspection offices.


Article 4 The Chinese Government protects the lawful rights and interests of foreigners in China.


A foreigner's freedom of the person is inviolable. No foreigner may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and the arrest must be carried out by a public security organ or state security organ.


Article 5 Aliens in China must abide by Chinese laws and may not endanger China's state security, 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 overseas agencies authorized by the Ministry of Foreign Affairs. Under specific circumstances, foreigners may also apply to The State Council for a license


Visa application shall be made by visa agencies at ports designated by the competent authorities of the Chinese government.


Entry of persons from countries that have visa agreements with the Chinese government shall be governed by these agreements.


Where foreign countries have special provisions for the entry and transit of Chinese citizens, the competent authorities of the Chinese government may take corresponding measures according to the circumstances.


Foreigners holding connecting tickets who are in direct transit on international flights and stay in China for less than 24 hours without leaving the airport are exempted from visas. Those who request temporary departure from the airport shall obtain approval from the prevention and inspection authorities.


Article 7 When applying for various visas, aliens shall present valid passports and, when necessary, relevant certificates.


Article 8 Aliens who have been recruited or employed to work in China shall, when applying for visas, present proof of their recruitment or employment.


Article 9 Aliens who come to China for permanent residence shall, when applying for visas, present forms of confirmation of their permanent residence status. The applicant shall apply to the public security organ of the place where he/she intends to settle down for the form of confirmation of his/her permanent residence.


Article 10 The competent authorities of the Chinese government shall issue visas to foreigners according to the purposes for which they apply for entry.


Article 11 When an aircraft or a ship engaged in international navigation arrives at a Chinese port, the captain or his agent must submit the passenger list to the national inspection office. Foreign aircraft and ships must also provide a list of their crew members and crew members.


Article 12 Aliens who are deemed to pose a possible threat to China's state security and public order shall not be allowed to enter China.


Chapter III Residence


Article 13 For residence in China, aliens must hold identity certificates or residence certificates issued by the competent authorities of the Chinese government.


The term of validity of an identity certificate or residence certificate shall be determined according to the purposes of entry.


Aliens residing in China shall, within the prescribed time, submit their certificates to the local public security organs for verification.


Article 14 Aliens who, in accordance with Chinese laws, make investments in China or engage in economic, scientific, technological or cultural cooperation with Chinese enterprises or institutions, or who are otherwise required to reside in China for a long period of time may, upon approval by the competent authorities of the Chinese government, obtain the qualifications for long-term or permanent residence in China.


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 do not abide by Chinese laws may have their duration of stay in China shortened or their status of residence in China revoked by the competent authorities of the Chinese government.


Article 17 Aliens who reside temporarily in China shall go through registration formalities in accordance with relevant regulations.


Article 18 Aliens holding residence permits who wish to change their places of residence in China must go through removal formalities in accordance with relevant regulations.


Article 19 Aliens who have not obtained residence permits or who are studying in China may not seek employment in China without the 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 areas open to aliens as designated by the Chinese government.


Article 21 Aliens who wish to travel to areas closed to foreigners must apply to the local public security organs for travel documents.


Chapter v Exit


Article 22 For exit, aliens shall present their valid passports or other valid certificates.


Article 23 Aliens in any of the following circumstances shall not be allowed to leave the country:


(1) defendants in criminal cases and criminal suspects identified by a public security organ, a people's procuratorate or a people's court;


(2) people's court notifying them that they are not allowed to leave China due to unresolved civil cases;


(3) Having committed other acts in violation of Chinese laws which have not been dealt with and which are determined by the competent authorities to be subject to investigation.


Article 24 Frontier inspection offices shall have the power to prevent aliens from leaving the country in any of the following circumstances and to deal with them according to law:


(1) Holders of invalid exit certificates;


(2) holders of exit certificates issued by others;


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 Chinese government's authorities in China to handle aliens' applications for entry, transit, residence and travel are the Ministry of Public Security,


Local public security organs authorized by the Ministry of Public Security and the Ministry of Foreign Affairs and local foreign affairs departments authorized by the Ministry of Foreign Affairs.


Article 26 The authorities that handle aliens' applications for entry, transit, residence and travel shall have the right to refuse to issue visas and certificates; It has the power to revoke visas and certificates already issued or declare them invalid.


The Ministry of Public Security and the Ministry of Foreign Affairs may, when necessary, alter the decisions made by their respective authorized organs.


Article 27 Public security organs at or above the county level may detain aliens who enter or reside in China illegally for examination, place them under residential surveillance or repatriate them to China.


Article 28 When performing their duties, the foreign affairs police of the public security organs at or above the county level shall have the right to examine the passports and other certificates of foreigners. When conducting inspection, the foreign affairs police shall produce their own work certificates, and the organizations or individuals concerned shall have the duty to provide assistance.


Chapter VII Punishments


Article 29 in violation of the provisions of this law, illegal entry, exit, illegal who reside or stay in China, not hold valid travel documents to travel to places open to aliens, forge, alter, fake, transfer of entry or exit certificates, the public security organ at or above the county level may impose a warning, a fine or detention less than 10 punishment; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. Aliens who are fined or detained by public security organs may appeal to the public security organs at the next higher level, which shall make the final decision, within 15 days of receiving notification, if they are not satisfied with the punishment, or may directly bring a suit before the local people's court.


Article 30 If any of the acts listed in Article 29 of this Law is serious, the Ministry of Public Security may impose a punishment of leaving the country within a time limit or expulsion from the country.


Chapter VIII Supplementary Provisions


Article 31 For the purposes of this Law, the term "alien" means any person who does not hold Chinese nationality according to the Nationality Law of the People's Republic of China.


Article 32 Temporary entry into or exit from China by aliens from countries adjacent to China who reside in the border areas of the two countries shall be carried out in accordance with any agreement reached between the two countries or, in the absence of such agreement, in accordance with the provisions of the Chinese government.


Article 33 The Ministry of Public Security and the Ministry of Foreign Affairs shall, in accordance with this Law, formulate rules for its implementation, which shall go into effect after being submitted to and approved by The State Council.


Article 34 The administration of members of foreign diplomatic missions and consular offices in the People's Republic of China and other aliens who enjoy privileges and immunities, after their entry into China, shall be handled in accordance with the relevant provisions of The State Council and its competent departments.


Article 35 This Law shall enter into force as of February 1, 1986.


Source: Ministry of Public Security

 
 

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