PRC Exit-entry Administration Law

(Adopted at the 27th Session of the Standing Committee of the 11th National People's Congress on June 30 2012 and effective as of July 1 2013.)

PRC President's Order (No.57 of the 11th NPC)

Part One: General provisions

Article 1: This Law has been formulated in order to regulate the entry into and exit from the People's Republic of China (PRC), protect the sovereignty, security and social order of the PRC and promote exchanges with, and opening to, the outside world.

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.