PRC Exit-entry Administration Law

Article 2: The control of the exit and entry of PRC citizens, the entry and exit of foreigners, and the staying and residing in the PRC by foreigners as well as the exit-entry border inspections conducted on means of transportation shall be governed by this Law.

Article 3: The state shall protect the lawful rights and interests of PRC citizens exiting and entering the PRC.

The lawful rights and interests of foreigners in the PRC shall be protected by law. Foreigners in the PRC shall abide by PRC law, and may not jeopardise national security, harm the public interest or undermine the social order of the PRC.

Article 4: The Ministry of Public Security and the Ministry of Foreign Affairs shall each be responsible for the immigration matters that fall within their respective purviews.

The embassies and consulates abroad of the PRC and other organisations resident abroad authorised by the Ministry of Foreign Affairs (Visa Issuing Offices Abroad) are tasked with the issuance, outside the PRC, of entry visas to foreigners. Exit-entry border inspection authorities are tasked with the conduct of exit-entry border inspections. The public security authorities of local people's governments at the county level and above and their exit-entry control sections are tasked with the control of stays and residence by foreigners.

The Ministry of Public Security and the Ministry of Foreign Affairs may respectively, within their respective purviews, delegate to the exit-entry control sections of the public security authorities of local people's governments at the county level or above, or foreign affairs departments of local people's governments at the county level or above, the authority to accept foreigners' entry, stay and residence applications.

The Ministry of Public Security and the Ministry of Foreign Affairs shall strengthen their liaison and cooperation in the course of the administration of immigration matters, cooperate closely with relevant State Council departments and lawfully exercise their functions and powers and bear their responsibilities within the scope of their respective duties.

Article 5: The state will establish a centralised platform for exit-entry control information so that relevant administrative departments can share information.

Article 6: The state will establish exit-entry border inspection authorities at open ports.

PRC citizens, foreigners and means of transportation shall exit and enter the PRC via open ports. In special circumstances, they may exit or enter the PRC via places approved by the State Council or a State Council authorised department. Inbound and outbound persons and means of transportation shall be subject to exit-entry border inspections.

Exit-entry border inspection authorities shall be responsible for the administration of the restricted areas of ports. Subject to the requirements of protecting national security and exit-entry control order, the exit-entry border inspection authorities may subject articles carried by inbound and outbound persons to border inspections. When necessary, exit-entry border inspection authorities may subject the cargoes carried by inbound and outbound means of transportation to border inspections, provided that they notify customs thereof.

Article 7: With the approval of the State Council, the Ministry of Public Security and the Ministry of Foreign Affairs may, according to the requirement of exit-entry control, formulate provisions for the storage of fingerprints and other such biometric information of outbound and inbound persons.

If the government of a foreign country has special provisions in respect of the issuance of visas to, and the exit-entry control of, PRC citizens, the PRC government may, depending on the circumstances, adopt corresponding reciprocal measures.

Article 8: Authorities and agencies that perform exit-entry control duties shall duly take measures, continuously enhance the level of services and administration, enforce the law in an impartial manner, facilitate matters for people in an efficient manner and maintain a safe and convenient exit-entry order.

Part Two: Exit and entry of PRC citizens

Article 9: A PRC citizen wishing to exit or enter the PRC shall apply for a passport or other travel document in accordance with the law.

A PRC citizen proceeding to another country or region shall additionally obtain a visa for his/her destination country or other proof of permission to enter, except in cases where the PRC government has executed a visa exemption agreement with that other country or unless otherwise provided by the Ministry of Public Security and the Ministry of Foreign Affairs.

A PRC citizen exiting or entering the PRC in his/her capacity as a seafarer and working on a foreign vessel shall apply for a seafarer's passport in accordance with the law.

Article 10: A PRC citizen travelling between mainland China and the Hong Kong Special Administrative Region, the Macao Special Administrative Region or Taiwan shall apply for a travel permit in accordance with the law and abide by relevant provisions of this Law. The State Council will formulate the specific measures for the administration thereof.

Article 11: A PRC citizen exiting or entering the PRC shall produce his/her exit-entry document, such as a passport or other travel document, for inspection by the exit-entry border inspection authority and carry out the specified procedures. He/she may exit or enter the PRC only once his/her travel document has been inspected and he/she has been given permission to exit or enter.

In ports where the conditions permit, the exit-entry border inspection authority shall provide dedicated lanes and other such conveniences for PRC citizens exiting and entering the PRC.

Article 12: A PRC citizen shall be barred from exiting the PRC if:

(1) he/she does not have a valid exit-entry document, or refuses to submit to or evades a border inspection;

(2) he/she has had a criminal sentence imposed and the same has not been fully served out, or he/she is a defendant or suspect in a criminal case;

(3) he/she is involved in a civil case that is pending and the people's court has decided to bar him/her from exiting the PRC;

(4) a criminal punishment has been imposed on him/her due to the impairment to border control caused by him/her, or he/she has been repatriated from another country or region due to illegal exit, illegal residence or illegal employment and the specified number of years for which he/she has been barred from exiting the PRC has not elapsed;

(5) he/she could pose a threat to national security or interests and the relevant competent State Council department has decided to bar him/her from exiting the PRC; or

(6) another circumstance specified in laws or administrative regulations under which exit from the PRC is barred applies to him/her.

Article 13: A PRC citizen settled abroad requesting permission to return to and settle in the PRC shall submit an application to the PRC embassy or consulate or other organisation resident abroad authorised by the Ministry of Foreign Affairs, or, alternatively, may himself or herself or through a relative in the PRC submit an application to the overseas Chinese affairs department of the local people's government at the county level or above of the place where he/she intends to settle.

Article 14: A PRC citizen settled abroad who needs to provide proof of identity when carrying out financial, educational, medical, transportation, telecommunications, social insurance, property registration or other such matters in the PRC may authenticate his/her identity with his/her passport.

Part Three: Entry and exit of foreigners

Section One: Visas

Article 15: A foreigner wishing to enter the PRC shall apply for a visa from a Visa Issuing Office Abroad, unless otherwise provided herein.

Article 16: Visas are divided into diplomatic visas, courtesy visas, service visas and ordinary visas.

A foreigner entering the PRC for diplomatic or official service reasons shall be issued a diplomatic or service visa; a foreigner who merits courteous treatment due to his/her special status shall be issued a courtesy visa. The Ministry of Foreign Affairs shall specify the scope of, and the measures for, the issuance of diplomatic, courtesy and service visas.

A foreigner entering the PRC for other than diplomatic or official service reasons, such as for work, study, visiting relatives, tourism, business activities or attraction of skilled personnel, shall be issued an ordinary visa of the corresponding type. The State Council shall specify the types, and the measures for the issuance, of ordinary visas.

Article 17: The particulars recorded in relation to a visa shall include the type of visa, the name, sex and date of birth of the holder, the number of permitted entries, entry expiry date, permitted length of stay, date and place of issuance, passport or other international travel document number, etc.

Article 18: A foreigner applying for a visa shall submit to the Visa Issuing Office Abroad his/her passport or other international travel document and documentation relating to the reason for the application and carry out the relevant procedures and submit to an interview as required by the Visa Issuing Office Abroad.

Article 19: A foreigner who is required to provide a letter of invitation from an entity or individual in the PRC when applying for a visa shall do so as required by the Visa Issuing Office Abroad. The entity or individual issuing the letter of invitation shall be liable for the truthfulness of the contents of the invitation.

Article 20: A foreigner who needs to enter the PRC on an urgent basis on humanitarian grounds, in response to an invitation to engage in urgent business affairs or effect emergency repairs on a project, or otherwise needs to enter the PRC on an urgent basis and has supporting documentation showing that the relevant competent department has consented to his/her applying for a visa at the port of entry may apply to the port visa office authorised by the Ministry of Public Security (Port Visa Office) for a port visa at a port that has received approval from the State Council to handle port visa matters.

A travel agency that arranges inbound tourism in accordance with relevant state provisions may apply to a Port Visa Office for group tour visas.

A foreigner applying to a Port Visa Office for a visa shall submit his/her passport or other international travel document and documentation relating to the reason for the application, carry out the relevant procedures as required by the Port Visa Office and enter the PRC from the port where he/she applied for the visa.

A visa issued by a Port Visa Office shall be valid for a single entry and the period of stay indicated on the visa may not exceed 30 days.

Article 21: A visa will not be issued to a foreigner if:

(1) he/she was expelled from the PRC or deported from the PRC and the duration of his/her ban on entering the PRC has not expired;

(2) he/she suffers from a serious mental disability, or has contracted communicable tuberculosis or another communicable disease that could pose a serious threat to public health;

(3) he/she could pose a threat to the national security or interests or undermine the social order of the PRC or engage in other illegal or criminal activities;

(4) he/she acted in a fraudulent manner during the visa application process or he/she is unable to guarantee sufficient funds for the time he/she will be in the PRC;

(5) he/she fails to submit the relevant materials requested by the visa office; or

(6) another circumstance under which the visa office deems it inappropriate to issue a visa applies to him/her.

Where a visa office refuses to issue a visa, it shall not be required to give the reason therefor.

Article 22: A foreigner may be exempted from applying for a visa if:

(1) he/she is exempted from applying for a visa pursuant to a visa exemption agreement executed by the PRC government and the government of another country;

(2) he/she holds a valid foreigner's residence permit;

(3) he/she holds a connecting ticket on an aircraft, vessel or train on an international route heading to a third country or region via the PRC, and will stay in the PRC for less than 24 hours without leaving the port, or will stay in a specific area approved by the State Council without exceeding the specified period of time; or

(4) another circumstance as specified by the State Council under which application for a visa may be exempted applies to him/her.

Article 23: A foreigner who needs to enter the PRC on short notice in any of the circumstances set forth below shall carry out the procedures for temporary entry with the exit-entry border inspection authority:

(1) he/she is a crew member on a foreign vessel and he/she and his/her accompanying family members wish to disembark in the city where the port is located;

(2) he/she is a person as described in Item (3) of Article 22 hereof and he/she needs to leave the port; or

(3) he/she needs to enter the PRC on short notice due to force majeure or other urgent reason.

The duration of temporary entry may not exceed 15 days.

With respect to a foreigner who carries out the procedures for entry into the PRC on short notice, the exit-entry border inspection authority may require him/her personally, the person in charge of the means of transportation that carried him/her into the PRC or the agency that handles exit-entry matters for the means of transportation to provide the necessary guarantee.

Section Two: Entry and exit

Article 24: A foreigner entering the PRC shall produce his/her passport or other international travel document and visa or other proof of permission to enter the PRC for inspection by the exit-entry border inspection authority and carry out the specified procedures. He/she may enter the PRC only after the inspection and being granted permission to enter.

Article 25: A foreigner shall be barred from entering the PRC if:

(1) he/she does not have a valid exit-entry document, or refuses to submit to or evades a border inspection;

(2) any of the circumstances set forth in Items (1) to (4) of the first paragraph of Article 21 hereof applies to him/her;

(3) there is a possibility that he/she might engage in activities incompatible with his/her type of visa after entering the PRC; or

(4) another circumstance under which entry is barred as specified in laws or administrative regulations applies to him/her.

Where an exit-entry border inspection authority withholds permission to enter the PRC, it shall not be required to give the reason therefor.

Article 26: The exit-entry border inspection authority shall order a foreigner who has been denied permission to enter the PRC to return to where he/she came from. If he/she refuses to return, he/she shall be returned mandatorily. A foreigner awaiting return may not leave the area to which her or she is restricted.

Article 27: A foreigner leaving the PRC shall produce his/her exit-entry document, such as a passport or other international travel document, for inspection by the exit-entry border inspection authority and carry out the specified procedures. He/she may exit the PRC only after such inspection and having been granted permission to exit.

Article 28: A foreigner shall be barred from exiting the PRC if:

(1) he/she has had a criminal sentence imposed and the same has not been fully served out, or he/she is a defendant or suspect in a criminal case, unless he/she is a sentenced person being transferred pursuant to a relevant agreement between the PRC and a foreign country;

(2) he/she is involved in a civil case that is pending and the people's court has decided to bar him/her from exiting the PRC;

(3) he/she owes labour compensation to workers and the relevant State Council department or the people's government of the province, autonomous region or municipality directly under the central government has decided to bar him/her from exiting the PRC; or

(4) another circumstance under which exit is barred as specified in laws or administrative regulations applies to him/her.

Part Four: Stays and residence of foreigners

Section One: Stays and residence

Article 29: If the duration of stay indicated on the visa held by a foreigner is less than 180 days, the holder may stay in the PRC on the strength of, and for the duration indicated on, such visa.

If he/she needs to extend the duration of stay on his/her visa, he/she shall make an application to the exit-entry control section of the public security authority of the local people's government at the county level or above of the place where he/she is staying seven days before the expiration of the duration of stay indicated on the visa and, as required, submit documentation relevant to the reason for the application. If, following review, it is determined that the reason for the extension is reasonable and sufficient, he/she shall be permitted to extend the duration of his/her stay; if the extension is denied, he/she shall punctually leave the PRC.

The aggregate of the extensions of a visa's durations of stay may not exceed the duration of stay originally indicated on the visa.

Article 30: If the visa held by a foreigner indicates that he/she is required to carry out the procedures for a residence permit after he/she enters the PRC, he/she shall apply to the exit-entry control section of the public security authority of the local people's government at the county level or above of the place where he/she intends to reside for a foreigner's residence permit within 30 days from the date of entry.

To apply for a foreigner's residence permit, the applicant shall submit his/her passport or other international travel document and documentation relevant to the reason for the application, and provide biometric information, such as his/her fingerprints, for storage. The exit-entry control section of the public security authority shall conduct a review and render a review decision within 15 days from the date of receipt of the application materials, and, based on the reason for residence, issue a foreigner's residence permit of the corresponding type and duration.

A foreigner's work-type residence permit shall be valid for a minimum of 90 days and a maximum of five years; and a non-work-type residence permit shall be valid for a minimum of 180 days and a maximum of five years.

Article 31: A foreigner will not be issued a foreigner's residence permit if:

(1) the type of visa he/she holds makes him/her ineligible to apply for a foreigner's residence permit;

(2) he/she acted in a fraudulent manner in the course of the application process;

(3) he/she fails to provide relevant supporting documentation in accordance with provisions;

(4) he/she has violated a PRC law or administrative regulations, making it inappropriate for him/her to reside in the PRC; or

(5) another circumstance under which the issuing authority deems it inappropriate to issue a foreigner's residence permit applies to him/her.

If a foreigner is a professional skilled person or investor who satisfies state provisions or, on humanitarian or other such grounds, his/her status genuinely needs to be converted from stay to residence, he/she may carry out the procedures for a foreigner's residence permit subject to the approval of the exit-entry control section of the public security authority of the local people's government at the level of city (divided into districts) or above.

Article 32: A foreigner resident in the PRC applying for an extension of his/her period of residence shall submit an application to the exit-entry control section of the public security authority of the local people's government at the county level or above of the place where he/she is resident 30 days before the expiry date of his/her residence permit and, as required, submit documentation relevant to the reason for the application. If, following review, it is determined that the reason for the extension is reasonable and sufficient, he/she shall be permitted to extend his/her period of residence; if the extension is denied, he/she shall punctually leave the PRC.

Article 33: The particulars recorded in relation to a foreigner's residence permit include the name, sex and date of birth of the holder, the reason for residence, the period of residence, the date and place of issuance, the passport or other international travel document number, etc.

If there is a change in a particular recorded in relation to a foreigner's residence permit, he/she shall carry out the amendment procedures with the exit-entry control section of the public security authority of the local people's government at the county level or above of the place where he/she is resident within 10 days from the date of the change.

Article 34: If a visa-exempt foreigner who has entered the PRC needs to stay in the PRC for a period longer than his/her visa-free period, or if a crew member of a foreign vessel and his/her accompanying family members who are staying in the PRC need to leave the city where the port is located or if another circumstance under which carrying out procedures for a foreigner's temporary stay permit is required applies, he/she shall apply for a foreigner's temporary stay permit in accordance with provisions.

A foreigner's temporary stay permit shall be valid for a maximum of 180 days.

Article 35: If, after a foreigner enters the PRC, his/her ordinary visa or temporary stay/residence permit is damaged, lost or stolen, or a reason as specified in state provisions arises making the replacement or reissuance thereof necessary, he/she shall submit, in accordance with provisions, an application to the exit-entry control section of the public security authority of the local people's government at the county level or above where he/she is staying or resident.

Article 36: A decision rendered by the exit-entry control section of a public security authority denying the extension, replacement or reissuance of an ordinary visa, denying a foreigner's temporary stay/residence permit or denying extension of the period of residence shall be final.

Article 37: A foreigner staying or residing in the PRC may not engage in activities incompatible with the reason for his/her stay or residence, and shall leave the PRC by the expiration of the specified stay or residence period.

Article 38: Foreigners who are at least 16 years of age and staying or resident in the PRC shall have their passports or other international travel documents, or foreigners' temporary stay/residence permits on their persons at all times and produce the same for inspection by the public security authority.

A foreigner resident in the PRC shall produce his/her foreigner's residence permit to the public security authority of the local people's government at the county level or above of the place where he/she is resident for inspection within the specified period of time.

Article 39: When a foreigner checks into a hotel in the PRC, the hotel shall carry out check-in registration for him/her in accordance with relevant provisions for the administration of public security in the hotel industry and submit to the local public security authority information on the check-in registration of foreigners.

If a foreigner stays, or checks into, somewhere other than a hotel, he/she or the person providing accommodation to him/her shall carry out registration with the public security authority of the place where he/she is staying within 24 hours after he/she moves in.

Article 40: The parents of a foreign infant born in the PRC or their agents shall carry out temporary stay or residence registration for the infant with the exit-entry control section of the public security authority of the local people's government at the county level or above of the place where the parents are staying or resident on the strength of the infant's birth certificate within 60 days of the infant's birth.

A family member or guardian of a foreigner deceased in the PRC or his/her agent shall, in accordance with provisions, report the same to the exit-entry control section of the public security authority of the local people's government at the county level or above on the strength of his/her death certificate to cancel his/her foreigner's temporary stay/residence permit.

Article 41: A foreigner wishing to work in the PRC shall obtain a work permit and work-type residence permit in accordance with provisions. No entity or individual may employ a foreigner who does not have a work permit and work-type residence permit.

The measures for the administration of foreigners working in the PRC shall be specified by the State Council.

Article 42: The State Council's human resources and social security department and foreign experts department, in concert with relevant State Council departments, shall formulate and periodically revise the guiding catalogue for foreigners working in the PRC based on economic and social development requirements and the human resources supply and demand situation.

The State Council's education department, in concert with relevant State Council departments, shall establish a foreign student work-study administration system and issue provisions on the scope and time limits for the work-study positions of foreign students.

Article 43: A foreigner shall be deemed as having illegally taken up employment if:

(1) he/she is working in the PRC without obtaining a work permit or work-type residence permit in accordance with provisions;

(2) he/she has exceeded the scope of his/her work permit in working in the PRC; or

(3) he/she is a foreign student and, in violation of work-study administration provisions, has exceeded the specified scope or time limit of his/her position in working in the PRC.

Article 44: For the purpose of preserving national security and public safety, the public security authority or national security authority may restrict foreigners and foreign organisations from establishing residential or office premises in certain areas; and where the same have already been established, it may order that the same be removed within a specified period of time.

Foreigners may not enter areas that are restricted to foreigners without approval.

Article 45: An entity that employs foreigners to work or recruits foreign students shall report relevant information to the local public security authority in accordance with provisions.

A citizen, legal person or other organisation that becomes aware that a foreigner has illegally entered, is illegally resident or has illegally taken up employment in the PRC shall report the same to the local public security authority in a timely manner.

Article 46: A foreigner applying for refugee status may stay in the PRC on the strength of the temporary proof of identity issued by the public security authority until his/her refugee status has been determined; and a foreigner who has been determined to be a refugee may stay or reside in the PRC on the strength of the refugee status document issued by the public security authority.

Section Two: Permanent residence

Article 47: A foreigner who has made an outstanding contribution to the economic or social development of the PRC or who otherwise satisfies the conditions for permanent residence in the PRC may, subject to an application by him/her and approval by the Ministry of Public Security, obtain permanent residence status.

The measures for the administration of the examination and approval of permanent residence in the PRC by foreigners shall be specified by the Ministry of Public Security and the Ministry of Foreign Affairs in concert with relevant State Council departments.

Article 48: A foreigner with permanent residence status may reside and work in the PRC on the strength of his/her permanent residence card and exit and enter the PRC on the strength of his/her passport and permanent residence card.

Article 49: The Ministry of Public Security shall make a decision to revoke a foreigner's permanent residence status in the PRC if:

(1) he/she poses a threat to the national security or interests of the PRC;

(2) he/she is expelled from the PRC;

(3) he/she acted in fraudulent manner to illegally obtain PRC permanent residence status;

(4) he/she has not been resident in the PRC for the requisite period of time; or

(5) another circumstance that makes it inappropriate for him/her to permanently reside in the PRC applies to him/her.

Part Five: Exit-entry border inspection of means of transportation

Article 50: Inbound and outbound means of transportation shall be subject to border inspections when leaving or arriving at port. The entry border inspection of a means of transportation shall be conducted at the first port of arrival and the exit border inspection of a means of transportation shall be conducted at the last port of departure. In special circumstances, such an inspection may be conducted at the place designated by the relevant competent authority.

A means of transportation may not embark or disembark persons or load or unload cargoes or articles between the end of the exit inspection and its exit from the PRC, in the case of an outbound means of transportation, or between its entry into the PRC and the entry inspection, in the case of an inbound means of transportation, unless permitted by the exit-entry border inspection authority in accordance with the specified procedure.

Article 51: The person in charge of a means of transportation or the agency handling exit-entry matters therefor shall report to the exit-entry border inspection authority in advance the date that the inbound or outbound means of transportation is to arrive at or depart from the port and the place it will stay, and truthfully report the information on the personnel, passengers, cargoes or articles, etc.

Article 52: The person in charge of a means of transportation or the agency handling exit-entry matters therefor shall cooperate in the exit-entry border inspection and if he/she/it becomes aware of a violation of this Law, he/she/it shall promptly report the same and assist in the investigation and handling thereof.

If a means of transportation carries persons barred from entering the PRC, the person in charge thereof shall be responsible for carrying them out of the PRC.

Article 53: An exit-entry border inspection authority shall keep an inbound or outbound means of transportation under surveillance in accordance with provisions if:

(1) it is an outbound means of transportation and the exit border inspection has commenced but it has not yet exited the PRC, or it is an inbound means of transportation and it has entered the PRC but the entry border inspection has not yet been completed;

(2) it is a foreign vessel, while it is navigating the inland waterways of the PRC; or

(3) another circumstance requiring surveillance applies to it.

Article 54: A person who needs to embark/disembark from a foreign vessel to load or unload articles, carry out repairs, make a visit or other such reason shall apply to the exit-entry border inspection authority for a boarding permit.

If a PRC vessel needs to pull alongside a foreign vessel or a foreign vessel needs to pull alongside another foreign vessel to carry out operations, the vessel's captain or the agency handling exit-entry matters for the means of transportation shall carry out the procedures for pulling up alongside a vessel with the exit-entry border inspection authority.

Article 55: A foreign vessel or aircraft shall travel along the specified route while in the PRC.

An inbound or outbound vessel or aircraft may not travel into an area other than an open port. If a vessel or aircraft travels into such an area due to an unforeseen emergency or force majeure, it shall promptly report to the nearest exit-entry border inspection authority or the local public security authority and subject itself to surveillance and control.

Article 56: A means of transportation shall be barred from exiting or entering the PRC, or, if it has left port, may be ordered to return if:

(1) upon departing from or arriving at port, it exited or entered the PRC without undergoing inspection and receiving permission to exit or enter;

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

(3) it is suspected of carrying persons barred from exiting or entering the PRC and needs to undergo inspection for verification purposes;

(4) it is suspected of carrying articles that pose a threat to national security or interests, or public order, and needs to undergo inspection for verification purposes; or

(5) another circumstance of refusing to accept administration by the exit-entry border inspection authority applies to it.

Once the circumstance specified in the preceding paragraph no longer applies, the exit-entry border inspection authority shall promptly release the relevant means of transportation.

Article 57: An entity that acts as an agency in handling exit-entry matters for means of transportation shall carry out record filing procedures with the exit-entry border inspection authority. The employer of a person who acts as an agent in handling such business shall carry out record filing procedures with the exit-entry border inspection authority.

Part Six: Investigation and repatriation

Article 58: The on-the-spot questioning, further questioning, detention for review, restriction of movement and deportation measures stipulated in this Part shall be carried out by the public security authority of the local people's government at the county level or above or the exit-entry border inspection authority.

Article 59: A person suspected of violating exit-entry control may be questioned on the spot. He/she may be further questioned in accordance with the law, following on-the-spot questioning, if:

(1) there is a suspicion that he/she exited or entered the PRC illegally;

(2) there is a suspicion that he/she assisted another in exiting or entering the PRC illegally;

(3) he/she is a foreigner, and there is a suspicion that he/she is illegally resident or has illegally taken up employment in the PRC; or

(4) there is a suspicion that he/she has jeopardised national security or interests, undermined public order or engaged in another illegal or criminal activity.

On-the-spot questioning and further questioning shall be conducted in line with the procedures specified in the PRC People's Police Law.

If the public security authority of the local people's government at the county level or above or the exit-entry border inspection authority needs to summon a person suspected of violating exit-entry control, it shall do so in accordance with the relevant provisions of the PRC Law on the Imposition of Penalties in Connection with the Administration of Public Security.

Article 60: If any of the circumstances set forth in the first paragraph of Article 59 of this Law applies to a foreigner and suspicion has not been dispelled after on-the-spot questioning or further questioning, he/she may be detained for review if further investigation is required.

When a person is to be detained for review, he/she shall be shown the detention for review decision and the questioning shall be conducted within 24 hours. If it is found that he/she ought not to have been detained for review, he/she shall be promptly released.

Detention for review may not exceed 30 days. In complex cases, the period of detention may be extended to 60 days subject to the approval of the public security authority of the local people's government at the next higher level or the exit-entry border inspection authority at the next higher level. Where the nationality or identity of a foreigner is unknown, the period of detention for review shall commence to count from the date on which his/her nationality or identity is clarified.

Article 61: Where detention for review is inappropriate, a foreigner may have his/her movements restricted if:

(1) he/she has contracted a serious illness;

(2) she is pregnant or nursing her infant under one year old;

(3) he/she is under 16 years old or over 70 years old; or

(4) another circumstance where detention for review is inappropriate applies to him/her.

A foreigner whose movements have been restricted shall subject himself or herself to reviews as required and may not leave the area to which he/she has been restricted without the approval of the public security authority. A restriction of movements may not exceed 60 days. Where the nationality or identity of a foreigner is unknown, the period of restriction of movement shall commence to count from the date on which his/her nationality or identity is clarified.

Article 62: A foreigner may be deported if:

(1) he/she has been ordered to exit the PRC within a specified period of time and fails to leave the PRC by such time;

(2) he/she has been barred from entering the PRC;

(3) he/she is illegally residing or has illegally taken up employment in the PRC; or

(4) deportation is called for due to violation of this Law or other law or administrative regulations.

If any of the circumstances set forth in the preceding paragraph applies to another visitor from outside the PRC, he/she may be deported in accordance with the law.

A deportee shall be barred from entering the PRC for one to five years from the date he/she is deported.

Article 63: Where a person has been detained for review or it has been decided that he/she be deported from the PRC but such deportation cannot be effected immediately, he/she shall be held in a detention or repatriation centre.

Article 64: A foreigner dissatisfied with the further questioning, detention for review, restriction of movements or deportation measures taken against him/her in accordance with this Law may apply for administrative reconsideration in accordance with the law and the administrative reconsideration decision shall be final.

The provisions of the preceding paragraph shall apply when another visitor from outside the PRC who is dissatisfied with the deportation measure taken against him/her in accordance with this Law applies for administrative reconsideration.

Article 65: The authority that has rendered a decision in accordance with the law barring a person from exiting or entering the PRC shall notify the exit-entry border inspection authority thereof in accordance with provisions in a timely manner; once the reason for the bar to exit or entry no longer applies, the authority that rendered the decision shall revoke its decision to bar exit or entry in a timely manner and notify the exit-entry border inspection authority thereof.

Article 66: As required for the purposes of preserving national security and exit-entry control order, exit-entry border inspection authorities may, when required, conduct body searches of persons exiting and entering the PRC. A body search shall be conducted by two border inspection officers of the same sex as the person being searched.

Article 67: In the event that an exit-entry document, such as a visa or foreigner's temporary stay/residence permit, is damaged, lost or stolen or it is discovered after the issuance thereof that the holder does not satisfy the conditions for the issuance thereof, the issuing authority shall declare such exit-entry document void.

An exit-entry document that has been forged, altered, obtained fraudulently or declared void by the issuing authority shall be invalid.

The public security authority may cancel or confiscate an exit-entry document as described in the preceding paragraph, or a person's exit-entry document that is illegally used by another.

Article 68: The public security authority may impound a means of transportation that was used in organising, transporting and assisting others in illegally exiting or entering the PRC as well as articles that are required as evidence in handling a case.

Banned articles that have been seized, documents and information that involve state secrets and instruments used to carry out activities that violate exit-entry control shall be impounded by the public security authority and disposed of in accordance with relevant laws and administrative regulations.

Article 69: The issuing authority, exit-entry border inspection authority or the exit-entry control section of the public security authority shall determine whether an exit-entry document is genuine.

Part Seven: Legal liability

Article 70: The administrative penalties described in this Part shall be decided upon by the public security authority of the local people's government at the county level or above or the exit-entry border inspection authority unless otherwise provided herein. A decision on warnings and fines of less than Rmb5,000 may be made by the exit-entry control section of the public security authority of the local people's government at the county level or above.

Article 71: If a person commits any of the acts set forth below, he/she shall be fined not less than Rmb1,000 and not more than Rmb5,000; if the circumstances are serious, he/she shall be detained for not less than five days and not more than 10 days and may additionally be fined not less than Rmb2,000 and not more than Rmb10,000:

(1) he/she uses a forged, altered or fraudulently obtained exit-entry document to exit or enter the PRC;

(2) he/she fraudulently uses another's exit-entry document to exit or enter the PRC;

(3) he/she evades an entry/exit border inspection; or

(4) he/she otherwise illegally exits or enters the PRC.

Article 72: If a person assists another to exit or enter the PRC illegally, he/she shall be fined not less than Rmb2,000 and not more than Rmb10,000; if the circumstances are serious, he/she shall be detained for not less than 10 days and not more than 15 days, fined not less than Rmb5,000 and not more than Rmb20,000 and his/her illegal income shall be confiscated, if any.

If an entity commits the act described in the preceding paragraph, it shall be fined not less than Rmb10,000 and not more than Rmb50,000, its illegal income shall be confiscated, if any, and the manager directly in charge and the other persons directly responsible shall be penalised in line with the preceding paragraph.

Article 73: If a person acts in a fraudulent manner to illegally obtain an exit-entry document, such as a visa or a temporary stay/residence permit, he/she shall be fined not less than Rmb2,000 and not more than Rmb5,000; if the circumstances are serious, he/she shall be detained for not less than 10 days and not more than 15 days and fined not less than Rmb5,000 and not more than Rmb20,000.

If an entity commits the act described in the preceding paragraph, it shall be fined not less than Rmb10,000 and not more than Rmb50,000 and the manager directly in charge and the other persons directly responsible shall be penalised in line with the preceding paragraph.

Article 74: If a person violates this Law in issuing a letter of invitation or other application materials for a foreigner, he/she shall be fined not less than Rmb5,000 and not more than Rmb10,000, his/her illegal income shall be confiscated, if any, and he/she shall be ordered to bear the expenses of the invited foreigner for exiting the PRC.

If an entity commits the act described in the preceding paragraph, it shall be fined not less than Rmb10,000 and not more than Rmb50,000, its illegal income shall be confiscated, if any, it shall be ordered to bear the expenses of the invited foreigner for exiting the PRC and the manager directly in charge and the other persons directly responsible shall be penalised in line with the preceding paragraph.

Article 75: If a PRC citizen who has illegally proceeded to another country or region after exiting the PRC is repatriated, the exit-entry border inspection authority shall confiscate his/her exit-entry document and the exit-entry document issuing authority shall refuse to issue him/her an exit-entry document for six months to three years from the date he/she is repatriated.

Article 76: If any of the circumstances set forth below apply to a person, he/she shall be given a warning and may additionally be fined up to Rmb2,000:

(1) he/she is a foreigner and refuses to produce his/her exit-entry document for inspection by the public security authority;

(2) he/she is a foreigner and refuses to produce his/her residence permit for inspection;

(3) he/she fails to carry out foreigner birth registration or death reporting procedures in accordance with provisions;

(4) a particular recorded in relation to his/her foreigner's residence permit changes and he/she fails to carry out the amendment procedures in accordance with provisions;

(5) he/she is a foreigner in the PRC and fraudulently uses another's exit-entry document; or

(6) he/she fails to carry out registration in accordance with the second paragraph of Article 39 of this Law.

Where a hotel fails to carry out foreigner check-in registration in accordance with provisions, it shall be penalised in accordance with relevant provisions of the PRC Law on the Imposition of Penalties in Connection with the Administration of Public Security. If it fails to submit to the public security authority information on foreigner check-in registration in accordance with provisions, it shall be given a warning; and if the circumstances are serious, it shall be fined not less than Rmb1,000 and not more than Rmb5,000.

Article 77: A foreigner who enters an area restricted to foreigners without approval shall be ordered to leave immediately; if the circumstances are serious, he/she shall be detained for not less than five days and not more than 10 days. Written records, audio and video materials, electronic data and other items illegally obtained by the foreigner shall be confiscated or destroyed and the instruments used confiscated.

A foreigner or foreign organisation that refuses in violation of this Law to execute a decision by the public security authority or national security authority ordering him/her/it to relocate within a specified period of time shall be warned and mandatorily relocated; if the circumstances are serious, the relevant responsible person shall be detained for not less than five days and not more than 15 days.

Article 78: A foreigner who is illegally resident in the PRC shall be given a warning; if the circumstances are serious, he/she shall be fined Rmb500 for each day he/she is illegally resident, up to a total not exceeding Rmb10,000, or detained for not less than five days and not more than 15 days.

If a foreigner under 16 years old is illegally resident in the PRC due to the failure of his/her guardian or the person with guardianship responsibilities to fulfil his/her guardianship obligations, a warning shall be given to the guardian or person with guardianship responsibilities and he/she may additionally be fined up to Rmb1,000.

Article 79: If a person shelters or hides a foreigner who has entered, or is resident in, the PRC illegally, assists a foreigner who has entered, or is resident in, the PRC illegally in evading an inspection or provides a foreigner who is resident in the PRC illegally with an exit-entry document in violation of the law, he/she shall be fined not less than Rmb2,000 and not more than Rmb10,000; if the circumstances are serious, he/she shall be detained for not less than five days and not more than 15 days, fined not less than Rmb5,000 and not more than Rmb20,000 and his/her illegal income confiscated, if any.

If an entity commits any of the acts described in the preceding paragraph, it shall be fined not less than Rmb10,000 and not more than Rmb50,000, its illegal income shall be confiscated, if any, and the manager directly in charge and the other persons directly responsible shall be penalised in line with the preceding paragraph.

Article 80: A foreigner who illegally takes up employment shall be fined not less than Rmb5,000 and not more than Rmb20,000; if the circumstances are serious, he/she shall be detained for not less than five days and not more than 15 days and fined not less than Rmb5,000 and not more than Rmb20,000.

Where an individual introduces foreigners to take up employment illegally, he/she shall be fined Rmb5,000 for each person illegally introduced, up to a total not exceeding Rmb50,000, and where an entity does so, it shall be fined Rmb5,000 for each person illegally introduced, up to a total not exceeding Rmb100,000; and the illegal income shall be confiscated, if any.

If foreigners are illegally employed, a fine of Rmb10,000 shall be imposed for each person illegally employed, up to a total not exceeding Rmb100,000, and the illegal income shall be confiscated, if any.

Article 81: If it would be inappropriate for a foreigner to continue to stay or reside in the PRC due to his/her engaging in activities incompatible with the reason for his/her stay or residence or due to his/her having committed another violation of PRC laws or regulations, he/she may be ordered to exit the PRC within a specified period of time.

If a foreigner violates this Law and the circumstances thereof are serious without constituting a criminal offence, the Ministry of Public Security may expel him/her from the PRC. Such a penalty decision by the Ministry of Public Security shall be final.

A foreigner who has been expelled from the PRC shall be barred from entering the PRC for 10 years from the date on which he/she is expelled.

Article 82: A warning shall be given and a fine of up to Rmb2,000 may additionally be imposed if a person:

(1) disturbs the control order of a port restricted area;

(2) is a crew member of a foreign vessel and he/she or his/her accompanying family member disembarks without carrying out the procedures for temporary entry; or

(3) embarks/disembarks from a foreign vessel without having applied for a boarding permit.

If a person violates Item (1) of the preceding paragraph and the circumstances thereof are serious, he/she may additionally be detained for not less than five days and not more than 10 days.

Article 83: The person in charge of a means of transportation shall be fined not less than Rmb5,000 and not more than Rmb50,000 if:

(1) the means of transportation exits or enters the PRC without having undergoing inspection and receiving permission to exit or enter, or its port of exit or entry is changed without approval;

(2) information on the personnel, passengers, cargoes or articles is not truthfully reported in accordance with provisions or the person in charge refuses to assist in the exit-entry border inspection; or

(3) persons embark/disembark or cargoes or articles are loaded/unloaded in violation of exit-entry border inspection provisions.

If an inbound or outbound means of transportation carries persons barred from exiting or entering the PRC out of or into the PRC, a fine of not less than Rmb5,000 and not more than Rmb10,000 per person shall be imposed. If the person in charge of the means of transportation shows that he/she took reasonable precautions, he/she may have the penalty mitigated or exempted.

Article 84: The person in charge of a means of transportation shall be fined not less than Rmb2,000 and not more than Rmb20,000 if the means of transportation:

(1) is a PRC or foreign vessel and pulls up alongside a foreign vessel without approval;

(2) is a foreign vessel or aircraft and fails to travel along the specified route in the PRC; or

(3) is an outbound or inbound vessel or aircraft and travels into an area other than an open port in violation of provisions.

Article 85: Working personnel who perform exit-entry control duties shall be disciplined in accordance with the law if:

(1) in violation of laws or administrative regulations, they issue exit-entry documents, such as visas and foreigner's temporary stay/residence permits, to foreigners who do not qualify therefor;

(2) in violation of laws or administrative regulations, they examine and release persons or means of transportation that do not satisfy the specified conditions to exit or enter the PRC;

(3) they disclose personal information learnt in the course of exit-entry control work, thereby harming the lawful rights and interests of the concerned parties;

(4) they fail to pay the fees charged, the fines collected or the illegal income or illegal property confiscated in accordance with the law into the national treasury in accordance with provisions;

(5) they divide among themselves, appropriate or divert funds or things fined, confiscated or impounded or fees charged; or

(6) they abuse their authority, are derelict in their duties, practise favouritism by committing fraud or otherwise fail to perform their statutory duties in accordance with the law.

Article 86: The exit-entry border inspection authority may render a penalty decision on the spot where a fine of less than Rmb500 is imposed for a violation of exit-entry control.

Article 87: Where a fine is imposed for a violation of exit-entry control, the person fined shall pay such fine at the designated bank within 15 days from the date on which he/she received the decision. If the person fined does not have a fixed place of residence locally and it would be difficult to enforce the fine if it is not collected on the spot or it is genuinely difficult to pay the fine at the designated bank at the port, the fine may be collected on the spot.

Article 88: If a violation of this Law constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.

Part Eight: Supplementary provisions

Article 89: The following terms herein have the meanings assigned to them below:

“Exit (the PRC)” means to proceed from the mainland of the PRC to another country or region, or to the Hong Kong Special Administrative Region, the Macao Special Administrative Region or Taiwan.

“Enter (the PRC)” means to enter the mainland of the PRC from another country or region, or from the Hong Kong Special Administrative Region, the Macao Special Administrative Region or Taiwan.

“Foreigner” means a person who does not have PRC nationality.

Article 90: With the approval of the State Council, provinces and autonomous regions bordering neighboring countries may, pursuant to border administration agreements executed by the PRC and the relevant countries, formulate local regulations and local government rules to regulate the movement of residents in the areas bordering the two countries.

Article 91: Where other laws provide otherwise in respect of the control of entry, exit, stay and residence of members of diplomatic offices and consular offices in the PRC of foreign countries and other foreigners who enjoy special privileges and immunity, such provisions shall apply.

Article 92: Foreigners applying for exit-entry documents such as visas and foreigner's temporary stay/residence permits, and for the extension and amendment of such documents, shall pay a visa fee or permit fee in accordance with provisions.

Article 93: This Law shall be effective as of July 1 2013. The PRC Entry-exit Administration Law for Foreigners and the PRC Exit-entry Administration Law for Citizens shall be repealed simultaneously.