Law Of The People'S Republic Of China On Entry And Exit Of Aliens
(adopted at the thirteenth session of the Standing Committee of the Sixth National People's Congress on November 22, 1985) (People's Republic of China's Presidential Decree No. thirty-first November 22, 1985) (effective February 1, 1986) general provisions
Article 1 this law is formulated for the purpose of safeguarding People's Republic of China's sovereignty, security and social order, and conducive to the development of international exchanges. This Law applies to foreigners entering, leaving, passing through the territory of People's Republic of China and staying and traveling in China. Second aliens' entry, pit and residence in China must be approved by the competent authorities of the Chinese government. The third entry, exit and border of aliens must be carried out from ports open to foreigners or at designated ports and checked by the inspection authorities. Entry, exit and border of foreign vehicles must be carried out from ports open to foreigners or at designated ports, and they shall be examined and guardianship by the inspection authorities. Fourth, the Chinese government protects the lawful rights and interests of aliens in China. The personal freedom of a foreigner is inviolable and shall not be arrested unless it is approved or decided by the people's Procuratorate or decided by the people's court and executed by the public security organ or the state security organ. Fifth aliens in China must abide by Chinese laws, do not harm China's national security, harm public interests, and disrupt public order.
The second chapter is immigration.
Sixth aliens shall apply for visas to China's diplomatic missions, consular offices, or other authorized foreign offices authorized by the Ministry of foreign affairs. Under certain circumstances, according to the regulations of the State Council, aliens may also refer to The visa authorities designated by the competent authorities of the Chinese government apply for visas. Entry into the country with a visa agreement with the Chinese government shall be carried out in accordance with the agreement. If a foreign country has special provisions for the entry and pit of Chinese citizens, the competent authorities of the Chinese government may take corresponding measures according to the circumstances. A foreigner who takes a connecting ticket to travel directly on international flights and stays in China for less than twenty-four hours without leaving the airport shall be granted visa free. Those who request to leave the airport temporarily shall be subject to the approval of the inspection authorities. Seventh foreigners applying for visas should provide valid passports and provide relevant certificates when necessary. Eighth aliens who have been employed or employed in China should have a certificate of application or employment when applying for a visa. Ninth foreigners who come to settle in China should have a residence confirmation form when applying for a visa. The settlement identity confirmation form is applied by the applicant to the public security organ applying for settlement. Tenth, the competent authorities of the Chinese government issue corresponding visas according to the reasons for aliens' application for entry. Eleventh when an aircraft or vessel engaged in international voyage arrives at the port of China, the captain, the captain or the agent must submit a list of passengers to the inspection and quarantine authorities. Foreign aircraft and ships must also provide the list of crew and crew. Twelfth foreigners who are considered to be endangering China's national security and social order after entering the country are not allowed to enter the country.
The third chapter residency
Thirteenth aliens who live in China must hold the identity documents or residence certificates issued by the competent authorities of the Chinese government. The validity period of identity documents or residence certificates shall be determined according to the reasons for entry. Aliens who live in China shall check their certificates at the local public security organs within the prescribed time.
The fourteenth is to invest in China in accordance with Chinese laws or to engage in economic, scientific and technological, cultural cooperation with Chinese enterprises and institutions, as well as other foreigners who need to stay in China for a long time. After approval by the competent authorities of the Chinese government, they can obtain long-term residence or permanent residence status. The fifteenth is that foreigners who require asylum because of political reasons are allowed to stay in China with the approval of the competent authorities of the Chinese government. Sixteenth, for foreigners who do not comply with Chinese laws, the competent authorities of the Chinese government can shorten their stay in China or cancel their residency in China. Seventeenth temporary residence of foreigners in China shall be handled according to the regulations. Eighteenth foreigners who hold residence certificates must change their residence in China according to the regulations. Nineteenth foreigners who have not obtained residence certificates and foreigners studying in China shall not be employed in China without the permission of the competent authorities of the Chinese government.
The fourth chapter is travel.
Twentieth foreigners who hold valid visas or residence permits can travel to areas open to foreigners by the Chinese government. Twenty-first foreigners who travel to areas not open to foreigners must apply to local public security organs for travel documents. Fifth chapter exit
Twenty-second aliens exit with valid passports or other valid documents. Twenty-third foreigners who have any of the following circumstances shall not be allowed to leave the country: (1) a criminal suspect identified in a criminal case or a public security organ or a people's Procuratorate or a people's court; (two) the people's court notifies that a civil case without a conclusion can not leave the country. (three) other acts that violate Chinese law have not yet been dealt with and shall be investigated by the competent authorities. Twenty-fourth aliens with one of the following situations shall have the right to stop leaving the country and deal with them according to law. (1) holding invalid exit certificates; (two) holding other people's exit certificates; (three) the use of forged or altered exit certificates.
The sixth chapter is the administrative organ.
The twenty-fifth organ of the Chinese government accepting foreign applications for entry and pit of foreign countries is China's diplomatic representative office, consular organ and other foreign authorized organs authorized by the Ministry of foreign affairs. It is the Ministry of public security that the Chinese government accepts foreign applications for entry, pit, residence and travel in China. The local public security organs authorized by the Ministry of public security, the Ministry of foreign affairs and the local foreign affairs department authorized by the Ministry of foreign affairs. Twenty-sixth organs accepting foreigners' entry, pit, residence and travel applications have the right to refuse to issue visas and certificates, and have the right to revoke or declare invalidated certificates and certificates issued. The Ministry of public security and the Ministry of foreign affairs may, if necessary, change the decisions made by their respective authorized organs. Article twenty-seventh public security organs at or above the county level may be detained for examination, surveillance, residence or deportation of aliens illegally entering or illegally residing. Twenty-eighth foreign policemen of public security organs above the county level have the right to examine foreigners' passports and other certificates when carrying out their duties. When examining the foreign affairs police, they should produce their own work certificates, and the organizations or individuals concerned have the responsibility to assist.
The seventh chapter is punishment.
Article twenty-ninth Whoever illegally resides or stays in China illegally who violates the provisions of this Law and travels in the territory of China without traveling valid documents to travel to areas open to foreigners. Forgery, alteration, fraudulent use or pfer of entry and exit documents shall be imposed by the public security organs at the county level. The public security organs may be punished by warnings, fines or detained under ten days; if the circumstances are serious, criminal liability shall be investigated in accordance with the law. A foreigner who is punished by a public security organ for fines or detention is not satisfied with the punishment. Within fifteen days from the date of receipt of the notice, he may appeal to the higher level public security organ. The higher level public security organ shall make a final decision, or may file a lawsuit directly with the local people's court. Article thirtieth where there are serious acts listed in the twenty-ninth article of this law, the Ministry of public security may impose sanctions within a specified time or be deported. Eighth chapter supplementary provisions The thirty-first term "foreigner" as mentioned in this Law refers to a person who does not have Chinese nationality in accordance with the nationality law of the People's Republic of China. Thirty-second aliens who live in the border areas of China and the border with China, temporarily enter the territory of China and exit the territory of China. The agreement between the two countries is carried out according to the agreement, and no agreement is implemented in accordance with the provisions of the Chinese government. Thirty-third the Ministry of public security and the Ministry of Foreign Affairs shall, in accordance with this law, formulate detailed rules for implementation, which shall be submitted to the State Council for approval and put into effect. Thirty-fourth the management of foreign diplomatic and representative organs and consular organs of foreign countries and other aliens with privileges and immunities after entry into People's Republic of China shall be handled according to the relevant provisions of the State Council and its competent authorities. The thirty-fifth law comes into effect on February 1, 1986.
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