Opinion: Under greater scrutiny

On May 3 2013, the Legislative Affairs Office of the State Council published the PRC Exit-entry Administration Regulations for Foreigners (国务院法制办公室中华人民共和国外国人入境出境管理条例 (征求意见稿)) (Draft Regulation) for public comment. The Draft Regulation implements various requirements under the PRC Exit-entry Administration Law (中华人民共和国出境入境管理法), passed on June 30 2012 and effective as of July 1 2013.

The Draft Regulation proposes substantial changes to the existing visa and residence permit regime, which are likely to help the PRC government to regulate, monitor and control foreigners' activities more effectively in the PRC.

New visa regime

Redefinition of most of the existing visa categories and addition of new ones, resulting in an increase in the types of visas available for foreigners coming to the PRC, depending on the reason for the visit.

● Business visa (M visa). Existing F visa to be split into: (i) F visa for non-business visitors engaging in scientific, cultural, educational, health, or sporting exchanges; (ii) M visa for business visitors; and (iii) X2 visa for short-term student exchanges.

● Special talent visa (R1 and R2 visas). Newly proposed R visa (both R1 and R2) aimed at highly talented foreigners and foreigners with talents that are scarce and sought after in the PRC. As the Draft Regulation does not specify the type of qualifications required and the relevant approval procedures, it remains to be seen which national or local policy for attracting special foreign talents will apply for the purposes of issuance of an R visa.