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Law of the PRC on Control of the Entry and Exit of Aliens (Excerpt)

News 2010/09/09 View:1500

(Adopted at the 13th Meeting of the Standing Committee of the Sixth National People's Congress, promulgated by Order No.31 of the President of the People's Republic of China on November 22, 1985, and effective as of February 1, 1986)

Chapter II

Entry into the Country

Article 6 For entry into China, aliens shall apply for visas from Chinese diplomatic missions, consular offices or other resident agencies abroad authorized by the Ministry of Foreign Affairs. In specific situations aliens may, in compliance with the provisions of the State Council, apply for visas to visa-granting offices at ports designated by the competent authorities of the Chinese Government. The entry of nationals from countries having visa agreements with the Chinese Government shall be handled in accordance with those agreements. In cases where another country has special provisions for Chinese citizens entering and transiting that country, the competent authorities of the Chinese Government may adopt reciprocal measures contingent on the circumstances. Visas are not required for aliens in immediate transit on connected international flights who hold passenger tickets and stay for no more than24 hours in China entirely within airport boundaries. Anyone desiring to leave the airport temporarily must obtain permission from the frontier inspection office.

Article 7 When applying for various kinds of visas, aliens shall present valid passports and, if necessary, provide pertinent evidence.

Article 8 Aliens who have been invited or hired to work in China shall, when applying for visas, produce evidence of the invitation or employment.

Article 9 Aliens desiring to reside permanently in China shall, when applying for visas, present status-of-residence identification forms. Applicants may obtain such forms from public security organs at the place where they intend to reside.

Article 10 The competent authorities of the Chinese Government shall issue appropriate visas to aliens according to the purposes stated in their entry applications.

Article 11 When an aircraft or a vessel navigating international routes arrives at a Chinese port, the captain or his agent must submit a passenger name list to the frontier inspection office; a foreign aircraft or vessel must also provide a name list of its crew members.

Article 12 Aliens who are considered a possible threat to China's state security and public order shall not be permitted to enter China.

Chapter IV

Travel

Article 20 Aliens who hold valid visas or residence certificates may travel to places open to aliens as designated by the Chinese Government.

Article 21 Aliens desiring to travel to places closed to aliens must apply to local public security organs for travel permits.

Chapter V

Exit from the Country

Article 22 For exit from China, aliens shall present their valid passports or other valid certificates.

Article 23 Aliens belonging to any of the following categories shall not be allowed to leave China:
(1) defendants in criminal cases or criminal suspects confirmed by a public security organ, a people's procuratorate or a people's court;
(2) persons who, as notified by a people's court, shall be denied exit owing to involvement in unresolved civil cases;
(3) persons who have committed other acts in violation of Chinese law who have not been dealt with and against whom the competent authorities consider it necessary to institute prosecution.

Article 24 Frontier inspection offices shall have the power to stop aliens belonging to any of the following categories from leaving the country and to deal with them according to law:
(1) holders of invalid exit certificates;
(2) holders of exit certificates other than their own;
(3) holders of forged or altered exit certificates.

Chapter VI

Administrative Organs

Article 25 China's diplomatic missions, consular offices and other resident agencies abroad authorized by the Ministry of Foreign Affairs shall be the Chinese Government's agencies abroad to handle aliens' applications for entry and transit. The Ministry of Public Security, its authorized local public security organs, the Ministry of Foreign Affairs and its authorized local foreign affairs departments shall be the Chinese Government's agencies in China to handle aliens' applications for entry, transit, residence and travel.

Article 26 The authorities handling aliens' applications for entry, transit, residence and travel shall have the power to refuse to issue visas and certificates or to cancel visas and certificates already issued or declare them invalid. The Ministry of Public Security and the ministry of Foreign Affairs may, when necessary, alter decisions made by their respectively authorized agencies.

Article 27 An alien who enters or resides in China illegally may be detained for examination or be subjected to residential surveillance or deportation by a public security organ at or above the county level.

Article 28 While performing their duties, foreign affairs police of the public security organs at or above the county level shall have the power to examine the passports and other certificates of aliens. When conducting such examinations, the foreign affairs police shall produce their own service certificates, and relevant organizations or individuals shall have the duty to offer them assistance.

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