PRC Entry-exit Administration Regulations for Foreigners

Article 2: The state has established a mechanism for coordinating the services for, and the administration of, the entry and exit of foreigners to strengthen the overall planning and coordination of, and cooperation in, the services for, and the administration of, the entry and exit of foreigners.

People's governments of the provinces, autonomous regions and municipalities directly under the central government may, as required, establish a mechanism for coordinating the services for, and the administration of, the entry and exit of foreigners to strengthen information exchange, coordination and cooperation, and duly carry out the work within their administrative regions associated with the services for, and the administration of, the entry and exit of foreigners.

Article 3: The Ministry of Public Security, in concert with relevant State Council authorities, shall establish an information platform for the services for, and the administration of, the entry and exit of foreigners so as to achieve the sharing of relevant information.

Article 4: In the course of the administration of the issuance of visas and the administration of the stays and residence in China of foreigners, the Ministry of Foreign Affairs, the Ministry of Public Security and other such State Council departments shall provide on their department websites, in places where applications for exit-entry documents are accepted, etc. the laws and regulations on the administration of the entry and exit of foreigners and other information that foreigners need to know.

Part Two: Types and issuance of visas

Article 5: The scope of, and the measures for, the issuance of diplomatic visas, courtesy visas and service visas shall be specified by the Ministry of Foreign Affairs.

Article 6: Ordinary visas are divided into the following types, with the corresponding Hanyu Pinyin letter indicated thereon:

(1) C visas are issued to the crew members of international trains, crew members of international aircraft and crew members (and their accompanying family members) of international vessels who are carrying out train service, air service or vessel service tasks as well as vehicle drivers engaging in international road transport;

(2) D visas are issued to persons who are entering to establish permanent residence in China;

(3) F visas are issued to persons who are entering to engage in activities such as exchanges, visits and tours of observation;

(4) G visas are issued to persons transiting through China;

(5) J1 visas are issued to resident foreign correspondents of foreign news agencies resident in China; and J2 visas are issued to foreign correspondents who enter China for short-term news gathering and reporting;

(6) L visas are issued to persons entering as tourists; persons entering as part of a tour group may be issued group L visas;

(7) M visas are issued to persons entering to carry out business and trading activities;

(8) Q1 visas are issued to the family members of Chinese citizens or the family members of foreigners having permanent resident status in China who, for the purpose of family reunion, have applied to enter and reside in China, and persons who apply to enter and reside for fosterage and other such reasons; Q2 visas are issued to the relatives of Chinese citizens resident in China or the relatives of foreigners having permanent resident status in China who have applied to enter for a short-term family visit;

(9) R visas are issued to foreign high-level skilled personnel required by the state and professional skilled personnel in short supply;

(10) S1 visas are issued to spouses, parents, children under 18 years of age and spouses' parents of foreigners resident in China for work, study or other such reason who apply to enter for long-term family visits as well as persons who need to reside in China for other private matters; S2 visas are issued to the family members of foreigners staying or resident in China for work, study or other such reason who apply to enter for short-term family visits as well as persons who need to stay in China for other private matters;

(11) X1 visas are issued to persons who have applied to study long term in China; X2 visas are issued to persons who have applied to study for the short term in China; and

(12) Z visas are issued to persons who have applied to work in China.

Article 7: When a foreigner applies for a visa, he/she shall complete an application form, and submit his/her passport or other international travel document as well as a compliant photograph and relevant materials supporting the reason for the application.

(1) When applying for a C visa, a letter of guarantee issued by the foreign transport company or the letter of invitation issued by the relevant entity in China shall be submitted.

(2) When applying for a D visa, a confirmation of the permanent residence status of the foreigner issued by the Ministry of Public Security shall be submitted.

(3) When applying for an F visa, the letter of invitation from the inviting party in China shall be submitted.

(4) When applying for a G visa, a connecting airline (bus/train, boat) ticket to the destination country (region) with a confirmed date and seat shall be submitted.

(5) When applying for a J1 or J2 visa, the approval procedures shall be carried out in accordance with Chinese provisions on news gathering by resident foreign news agencies and foreign correspondents, and relevant application materials shall be submitted.

(6) When applying for an L visa, materials such as the travel itinerary shall be submitted as required; when entering China on a group tour, the letter of invitation issued by the travel agency shall additionally be submitted.

(7) When applying for an M visa, the letter of invitation issued by the business or trade cooperation party in China shall be submitted as required.

(8) When applying for a Q1 visa, the letter of invitation issued by the Chinese citizen resident in China or by the foreigner with permanent resident status, and proof of family relationship shall be submitted, in the case of an application for entry and residence on the grounds of family reunion; or supporting documentation such as a power of attorney shall be submitted, in the case of an application for entry on the grounds of fosterage or other such reason; when applying for a Q2 visa, supporting documentation such as the letter of invitation issued by the Chinese citizen resident in China or by the foreigner with permanent resident status shall be submitted.

(9) When applying for an R visa, the conditions and requirements determined by the relevant competent departments of the Chinese government on the import of high-level foreign skilled personnel and professional skilled personnel in short supply shall be satisfied and the relevant supporting documentation shall be submitted in accordance with provisions.

(10) When applying for an S1 or S2 visa, the letter of invitation issued by the foreigner staying or resident in China for reasons such as work or study and proof of family relationship, or the supporting documentation required for entering to handle the private matter shall be submitted as required.

(11) When applying for an X1 visa, the notice of acceptance issued by the admitting entity and the supporting documentation issued by the competent department shall be submitted in accordance with provisions; when applying for an X2 visa, supporting documentation such as the notice of acceptance issued by the admitting entity shall be submitted in accordance with provisions.

(12) When applying for a Z visa, supporting documentation such as the work permit shall be submitted in accordance with provisions.

The visa issuing authority may, depending on the actual circumstances, require the foreigner to submit other application materials.

Article 8: A foreigner shall submit to a face-to-face interview as required by the visa issuing authority abroad if:

(1) he/she is applying to enter China to reside;

(2) information on his/her status, or reason for wishing to enter China requires further verification;

(3) he/she has a record of being denied entry or being ordered to leave China within a specified period of time; or

(4) another circumstance requiring the conduct of a face-to-face interview applies.

When a visa issuing authority abroad needs to verify relevant information with a relevant authority or entity in China in connection with the issuance of a visa, such authority or entity shall offer its cooperation.

Article 9: If the visa issuing authority, after review, deems that the conditions for issuance are satisfied, it shall issue a visa of the corresponding type. If the procedures for a resident permit need to be carried out after entry, the visa issuing authority shall indicate on the visa the deadline for carrying out such procedures after entry.

Part Three: Administration of stays and residence

Article 10: If a foreigner, after entering on a visa, is entitled to entry facilitation because he/she is allowed to change the reason for staying in accordance with state provisions, or he/she begins to use a new passport or after entering on a group visa he/she needs, for an objective reason, to separate from the group and stay, he/she may apply for the replacement of the visa 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.

Article 11: If the visa held by a foreigner in China is lost, damaged or stolen, he/she shall, in a timely manner, apply for the reissuance of a visa 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.

Article 12: When a foreigner applies for the extension, replacement or reissuance of a visa, or the issuance of a temporary stay permit, he/she shall complete an application form, and submit his/her passport or other international travel document as well as a compliant photograph and relevant materials in support of his/her reason for application.

Article 13: Where a foreigner applies for the extension, replacement or reissuance of a visa or the issuance of a temporary stay permit and satisfies the provisions for the acceptance thereof, the exit-entry control section of the public security authority shall issue an acknowledgement of acceptance valid for no more than seven days and shall render its decision on whether or not to issue the relevant document within the period of validity of the acknowledgement of acceptance.

If a foreigner's procedures or materials for an application for the extension, replacement or reissuance of a visa or issuance of a temporary stay permit are not in compliance with provisions, the exit-entry control section of the public security authority shall inform the applicant on one occasion of the procedures he/she needs to carry out or the additional/amended application materials he/she needs to provide.

While the passport or other international travel document held by an applicant is retained for document processing, he/she may lawfully stay in China on the strength of the acknowledgement of acceptance.

Article 14: The decision rendered by the exit-entry control section of the public security authority on extending the period of stay on a visa is valid only for the current entry, and does not affect the number of entries permitted or the term of validity of the entry under the visa. Furthermore, the aggregate of the extended periods of stay may not exceed the period of stay indicated on the original visa.

After the period of stay under a visa has been extended, the foreigner shall stay based on the reason specified in the original visa and for the additional time accorded.

Article 15: Residence permits are divided into the following types:

(1) work-type residence permits, issued to persons working in China;

(2) study-type residence permits, issued to persons studying for the long term in China;

(3) correspondent-type residence permits, issued to resident foreign correspondents of foreign news agencies resident in China;

(4) reunion-type residence permits, issued to the family members of Chinese citizens or the family members of foreigners having permanent resident status who, for purposes of family reunion, need to reside in China, and persons who need to reside in China for fosterage and other such reasons; and

(5) private matter-type residence permits, issued to spouses, parents, children under 18 years of age and spouses' parents of foreigners resident in China for work, study or other such reason who have entered for a long-term family visit as well as persons who need to reside in China for other private matters.

Article 16: When a foreigner applies for a foreigner's residence permit, he/she shall submit his/her passport or other international travel document as well as a compliant photograph and relevant materials supporting the reason for the application, and, in person, carry out the relevant procedures with 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 resident and provide biometric information, such as his/her fingerprints.

(1) For a work-type residence permit, supporting documentation such as a work permit shall be submitted; if the applicant is a foreign high-level skilled person required by the state or a professional skilled person in short supply, he/she shall provide the relevant supporting documentation in accordance with provisions.

(2) For a study-type residence permit, supporting documentation such as a letter indicating the period of study from the admitting entity shall be submitted in accordance with provisions.

(3) For a correspondent-type residence permit, the letter and correspondent's certificate issued by the relevant competent department shall be submitted.

(4) For a reunion-type residence permit, proof of family relationship and supporting documentation relating to the reason for application shall be submitted in the case where the applicant needs to reside in China for family reunion purposes; or supporting documentation such as a power of attorney shall be submitted in the case where the applicant needs to reside in China for fosterage or other such reason.

(5) For a private matter-type residence permit, supporting documentation such as proof of relationship and the residence permit of the person being visited shall be submitted in accordance with provisions in the case of a long-term family visit; or relevant supporting documentation evidencing the need to reside in China to handle a private matter shall be submitted in the case where the applicant enters to handle a private matter.

Where a foreigner applies for a residence permit valid for at least one year, he/she shall submit a health certificate in accordance with provisions. The health certificate shall be valid for six months from the date of issuance.

Article 17: When a foreigner applies for the extension, replacement or reissuance of a residence permit, he/she shall complete an application form and submit his/her passport or other international travel document as well as a compliant photograph and relevant materials supporting the reason for the application.

Article 18: Where a foreigner applies for a residence permit or for the extension, replacement or reissuance of a residence permit and the provisions for acceptance are satisfied, the exit-entry control section of the public security authority shall issue an acknowledgement of acceptance valid for no more than 15 days and shall render its decision on whether or not to issue the relevant document within the period of validity of the acknowledgement of acceptance.

If a foreigner's procedures or materials for an application for a residence permit or for the extension, replacement or reissuance of a residence permit are not in compliance with provisions, the exit-entry control section of the public security authority shall inform the applicant on one occasion of the procedures he/she needs to carry out or the additional/amended application materials he/she needs to provide.

While the passport or other international travel document held by an applicant is retained for document processing, he/she may lawfully reside in China on the strength of the acknowledgement of acceptance.

Article 19: Where a foreigner wishes to apply for the extension, replacement or reissuance of a visa or residence permit or the issuance of a temporary stay permit, the application may be made on his/her behalf by the entity or individual inviting him/her, a relative of the applicant or a relevant professional service firm if:

(1) he/she is under 16 years of age, is at least 60 years of age or his/her movements are impaired due to illness or other such reason;

(2) he/she has previously entered China and has a good record while staying and/or residing in China; or

(3) the inviting entity or individual is providing a guarantee in respect of the expenses required by the foreigner while in China.

Where a foreigner wishes to apply for a residence permit and he/she is a foreign high-level skilled person required by the state or a professional skilled person in short supply, or the circumstance set forth in Item (1) of the preceding paragraph obtains, the entity inviting him/her, a relative of the applicant or the relevant professional service firm may apply on his/her behalf.

Article 20: The exit-entry control section of a public security authority may verify the truthfulness of the reason for application by means such as a face-to-face interview, telephone inquiry or on-the-spot investigation, and the applicant and the entity or individual that issued the letter of invitation or supporting documentation shall offer its/his/her cooperation.

Article 21: The exit-entry control section of a public security authority shall not approve the extension, replacement or reissuance of a visa or residence permit or the issuance of a temporary stay permit if a foreigner:

(1) fails to provide the application materials in accordance with provisions;

(2) practises fraud in the course of the application process;

(3) violates relevant Chinese laws or administrative regulations, making it unsuitable for him/her to stay or reside in China; or

(4) another circumstance making it inappropriate to approve the extension, replacement or reissuance of his/her visa or residence permit or the issuance of a temporary stay permit applies.

Article 22: If a foreigner holding a study-type residence permit needs to take a part-time job or an internship off campus while studying, he/she shall, after obtaining the consent of his/her school, apply to the exit-entry control section of the public security authority to have information such as the place and period of the part-time work or internship indicated on his/her residence permit.

A foreigner holding a study-type residence permit whose permit does not indicate the information specified in the preceding paragraph may not work part-time or take an internship off campus while studying.

Article 23: If a foreigner in China does not have a valid passport or international travel document due to loss, damage, theft, etc. thereof or thereto and cannot have the same reissued by the relevant authority of his/her country resident in China, he/she may apply 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 to carry out exit procedures.

Article 24: A foreigner whose exit-entry document indicates the region where he/she is to stay or a foreigner whom the exit-entry border inspection authority has permitted to enter temporarily and restricted the region where he/she can stay shall stay within the region to which he/she has been restricted.

Article 25: A foreigner shall be deemed to be resident in China illegally if:

(1) he/she is staying or resident beyond the stay or residence term specified on his/her visa, temporary stay permit or residence permit;

(2) he/she entered visa exempt and has stayed beyond the visa exempt period without carrying out the procedures for a temporary stay permit or residence permit;

(3) he/she moves about beyond the region to which his/her stay or residence is restricted; or

(4) another circumstance of illegal residence applies.

Article 26: An entity that employs foreigners to work or recruits foreign students shall promptly report to the exit-entry control section of the public security authority of the local people's government at the county level or above where it is located if it discovers that:

(1) the foreigner it has employed leaves his/her job or changes the region where he/she is working;

(2) the foreign student it has recruited graduates, finishes his/her course of study, fails to finish his/her course of study, drops out or leaves the entity that recruited him/her;

(3) the foreigner that it employed or the foreign student that it recruited has violated exit-entry administration provisions; or

(4) the foreigner that it employed or the foreign student that it recruited has died, gone missing, etc.

Article 27: A financial, educational, medical, telecommunications or other such entity that needs to verify information on the identity of a foreigner when handling a matter may apply to the exit-entry control section of the public security authority for verification thereof.

Article 28: The issuance and administration of the documents of foreigners staying or residing in China for diplomatic or official reasons shall be handled in accordance with the provisions of the Ministry of Foreign Affairs.

Part Four: Investigation and repatriation

Article 29: A public security authority may, as actually required, establish a repatriation centre.

Where a foreigner is detained for review pursuant to Article 60 of the Exit-entry Law, he/she shall be sent to a detention centre or repatriation centre within 24 hours.

If deportation or expulsion cannot be enforced promptly due to the weather, the health situation of the concerned party or other such reason, he/she shall be detained in a detention centre or repatriation centre on the strength of the relevant legal document.

Article 30: Where a foreigner's movements are restricted pursuant to Article 61 of the Exit-entry Law, a written decision on the restriction of movements shall be rendered. The foreigner who has had his/her movements restricted shall report to the public security authority at the designated time. Without the approval of the authority that made the decision, he/she may not change the place where he/she is living or leave the region to which he/she has been restricted.

Article 31: Where a foreigner is to be deported from China pursuant to Article 62 of the Exit-entry Law, the authority that made the decision to deport him/her shall determine in accordance with the law the specific period for which he/she is barred from re-entering China.

Article 32: The expenses required for deportation shall be borne by the foreigner himself/herself. If he/she cannot afford the same and he/she had illegally accepted employment, the entity or individual that illegally employed him/her shall bear the same. Where another circumstance obtains, the entity or individual that provided a guarantee in respect of the foreigner's stay or residence in China shall bear the expenses.

The expulsion of a foreigner 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 33: If a foreigner has been ordered to leave China within a specified period of time, the authority that rendered the decision shall, after cancelling or confiscating his/her exit-entry document, carry out the retrospective procedures for a stay and specify the deadline by which he/she is required to leave. Such deadline may not exceed 15 days.

Article 34: The issuing authority shall declare the visa, temporary stay permit or residence permit held by a foreigner void if:

(1) such visa, temporary stay permit or residence permit has been damaged, lost or stolen;

(2) a decision has been rendered ordering him/her to leave China within a specified period of time, deporting him/her, or expelling him/her and the visa, temporary stay permit or residence permit held by him/her has not been confiscated or cancelled;

(3) the original reason for residence has changed and he/she failed to report the same to the exit-entry control section of the public security authority by the specified deadline and still failed to do so after an announcement by the public security authority; or

(4) a circumstance as specified in Article 21 or 31 of the Exit-entry Law where the issuance of a visa or residence permit is to be denied applies.

Where an issuing authority is to declare a visa, temporary stay permit or residence permit void in accordance with the law, it may do so on the spot or by way of an announcement.

Article 35: The public security authority shall cancel or confiscate the visa, temporary stay permit or residence permit held by a foreigner if:

(1) it has been declared void by the issuing authority or fraudulently used by another;

(2) it was illegally obtained through forgery, alteration, fraud or other such means; or

(3) the holder has been ordered to leave China within a specified period of time, deported or expelled.

The authority that rendered the cancellation or confiscation decision shall notify the issuing authority in a timely manner.

Part Five: Supplementary provisions

Article 36: The following terms herein shall have the meanings assigned to them below:

(1) “number of entries permitted under a visa” means the number of times that the visa holder may enter during the term of validity of the entry under the visa;

(2) “term of validity of the entry under the visa” means the length of the period of validity of the entry under the visa held by the holder; unless otherwise indicated by the issuing authority, a visa enters into effect on the date of issuance and ceases to be valid at 24:00 Beijing time on the date of its expiration;

(3) “period of stay under a visa” means the time the holder is permitted to stay each time he/she enters, counting from the day immediately following the date on which he/she entered;

(4) “short term” means staying in China for up to 180 days; and

(5) “long term”, “resident” means residing in China for more than 180 days.

The period allotted to the exit-entry control section of a public security authority hereunder for examination and approval and the term of validity of an acknowledgement of acceptance shall be counted in working days and exclude statutory holidays.

Article 37: Subject to the approval of the Ministry of Foreign Affairs, a visa issuing authority abroad may entrust a local organisation to handle service matters such as the acceptance of documents in connection with, the recording of, and the provision of information on, visa applications by foreigners.

Article 38: The formats of visas shall be specified by the Ministry of Foreign Affairs in concert with the Ministry of Public Security. The formats of temporary stay permits and residence permits shall be specified by the Ministry of Public Security.

Article 39: These Regulations shall be effective as of September 1 2013. The Implementing Rules for the PRC Entry-exit Administration Law for Foreigners adopted by the State Council on December 3 1986, promulgated by the Ministry of Public Security and the Ministry of Foreign Affairs on December 27 1986 and amended by the State Council on July 13 1994 and April 24 2010 shall be repealed simultaneously.

clp reference:1760/13.07.12prc reference:国务院令第637号promulgated:2013-07-12effective:2013-09-01