Ministry of Public Security and State Administration for Industry and Commerce, Administration of Intermediary ctivities for Exit and Entry for Personal Reasons Measures

Promulgated: June 6 2001
Effective: as of date of promulgation
Interpreting authority: Ministry of Public Security and State Administration for Industry and Commerce
Applicability: For the purposes of these Measures, "intermediary activities for private exit and entry" refer to the provision of information, legal advice, liaison, overseas arrangements, visa application and related services in connection with the exit of PRC citizens for emigration, visiting relatives and friends abroad, succession to an inheritance or other private matters, but they do not apply to intermediary activities in connection with PRC citizens?overseas education and employment (Article 2). These Measures do not apply to private travel to Hong Kong, Macao and Taiwan (Article 38).

Main contents: According to the Measures, for an institution to engage in the intermediary activities specified in the Measures, application must be first made to a prefectural or municipal public security authority in charge of exit and entry, and then the application shall be approved by a provincial public security authority and finally filed with the Ministry of Public Security (Article 5). The duly approved applicant will be issued a "Business Permit for Intermediary Activities for Exit and Entry for Personal Reasons" which will be valid for five years. The permit is subject to annual review (Article 18). Foreign institutions, individuals or foreign resident offices in the PRC cannot apply for such permits (Article 9). Conditions for a successful application include a valid letter of intent or agreement with a relevant foreign exit and entry service institution (Article 6). In addition, the applicant must deposit a compensation reserve fund of no less than Rmb500,000 into a State-owned bank designated by the public security authority to which the application is first submitted. The money will be used to pay damages if the applicant harms the lawful rights and interests of any of its clients (Part Four).
Related legislation: PRC, Administration of the Exit from and Entry into the PRC by Chinese Citizens Law Implementing Rules (Amendment), Jul 15 1994, CLP 1994 No.7 p7