Order of the President of the People’s Republic of China

No. 57

　　The Exit and Entry Administration Law of the People’s Republic ofChina，adopted at the 27th meeting of the Standing Committee of theEleventh National People’s Congress of the People’s Republic ofChina on June 30, 2012, and is hereby promulgated and shall comeinto force as of July 1, 2013.

　　　　　　　　　　　　　　　　              Hu Jintao

　　　　　　　　　　　　　　　 President of the People’s Republic of China

　　　　　　　　　　　　　　                 June 30, 2012

Exit and Entry Administration Law  of the People’s Republic ofChina

(Adopted at the 27th meeting of the Standing Committee of theEleventh National People’s Congress on June 30, 2012)

Contents

Chapter I General Provisions

Chapter II Exit and Entry of Chinese Citizens

Chapter III Entry and Exit of Foreigners

Section 1 Visa

Section 2 Entry and Exit

Chapter IV Stay and Residence of Foreigners

Section 1 Stay and Residence

Section 2 Permanent Residence

Chapter V Border Inspection of Transport Vehicles Exiting/Entering

China

Chapter VI Investigation and Repatriation

Chapter VII Legal Liabilities

Chapter VIII Supplementary Provisions

    Chapter I

    General Provisions

　　Article 1 In order to regulate exit/entry administration,safeguard the sovereignty, security and social order of thePeople’s Republic of China, and promote foreign exchanges andopening to the outside world, this Law is hereby formulated.

　　Article 2 This Law is applicable to the administration of exitand entry of Chinese citizens, entry and exit of foreigners, stayand residence of foreigners in China, and the exit/entry borderinspection of transport vehicles.

　　Article 3 The State protects Chinese citizens’ legitimate rightsand interests of exiting and entering the country.

　　The legitimate rights and interests of foreigners in China shallbe protected by laws. Foreigners in China shall abide by theChinese laws, and shall not endanger China’s national security,harm public interests and disrupt social and public order.

　　Article 4 The Ministry of Public Security and the Ministry ofForeign Affairs shall, within the scope of their respectiveresponsibilities, be responsible for administering exit/entryaffairs.

　　Embassies and consulates of the People’s Republic of China andother institutions stationed abroad entrusted by the Ministry ofForeign Affairs (hereinafter referred to as “the visa-issuingauthorities abroad”) shall be responsible for issuance of entryvisas to foreigners. Exit/entry border inspection authorities shallbe responsible for carrying out exit/entry border inspection.Public security organs under local people’s governments at or abovethe county level and their exit/entry administrations shall beresponsible for the administration of the stay and residence offoreigners.

　　The Ministry of Public Security and the Ministry of ForeignAffairs may, within the scope of their respective responsibilities,entrust exit/entry administrations of public security organs orforeign affairs departments under local people’s governments at orabove the county level to accept foreigners’ applications forentry, stay and residence in China.

　　In the administration of exit/entry affairs, the Ministry ofPublic Security and the Ministry of Foreign Affairs shallstrengthen communication and cooperation, cooperate closely withrelevant departments under the State Council, and exercisefunctions and powers and bear liabilities within the scope of theirrespective responsibilities in accordance with the law.

　　Article 5 The State shall establish a uniform exit/entryadministration information platform to share information amongrelevant administrative departments.

　　Article 6 The State shall establish exit/entry border inspectionauthorities at the ports open to foreign countries.

　　Chinese citizens, foreigners as well as transport vehicles shallexit or enter China via the ports open to foreign countries, or viathe places approved by the State Council or by the departmentsauthorized by the State Council under special circumstances.Personnel and transport vehicles that exit or enter China shall besubject to exit/entry border inspection.

　　Exit/entry border inspection authorities shall be responsible forrelevant administration work in the restricted zones of ports. Onthe basis of the need for safeguarding national security andmaintaining the order of exit/entry administration, exit/entryborder inspection authorities may conduct border inspection on thebelongings of the persons who exit or enter China. When necessary,exit/entry border inspection authorities may conduct borderinspection on the goods carried by transport vehicles that exit orenter China. However, exit/entry border inspection authoritiesshall notify the Customs of such inspections.

　　Article 7 Upon approval by the State Council, the Ministry ofPublic Security and the Ministry of Foreign Affairs may, on thebasis of the need for exit/entry administration, set forthregulations on the collection and keep of fingerprints and otherbiometric identification information of the persons who exit orenter China.

　　Where　foreign governments have special regulations on issuingvisas to Chinese citizens or the exit/entry administration ofChinese citizens, the Chinese government may, as the circumstancesrequire, take corresponding and equivalent measures.

　　Article 8 Departments and institutions that are responsible forthe exit/entry administration shall take practical measures,constantly improve service and administration, enforce lawsimpartially, provide convenient and efficient service and ensurethe security and conveyance of the exit/entry procedures.

　　Chapter II

　　Exit and Entry of Chinese Citizens

　　Article 9 Chinese citizens who exit or enter China shall, inaccordance with the law, apply for passports or other traveldocuments.

　　Chinese citizens bound for other countries or regions shallobtain visas or other entry permits from destination countries,unless the Chinese government has signed visa exemption agreementswith the governments of those countries, or otherwise stipulated bythe Ministry of Public Security and the Ministry of ForeignAffairs.

　　Chinese citizens who exit or enter China as seamen or work onforeign ships shall apply for seamen’s certificates in accordancewith the law.

　　Article 10 Chinese citizens who travel between the Mainland andthe Hong Kong Special Administrative Region, between the Mainlandand the Macao Special Administrative Region, and between theMainland and Taiwan Region, shall apply for exit/entry permits inaccordance with the law, and abide by the relevant provisions ofthis Law. The specific administrative measures shall be stipulatedby the State Council.

　　Article 11 Chinese citizens who exit or enter China shall submittheir exit/entry documents such as passports or other traveldocuments to the exit/entry border inspection authorities forexamination, go through the prescribed formalities, and may exit orenter upon examination and approval.

　　For ports that meet relevant conditions, exit/entry borderinspection authorities shall provide convenience such as speciallanes for the exit and entry of Chinese citizens.

　　Article 12 Under any of the following circumstances, Chinesecitizens are not allowed to exit China:

　　(1) Hold no valid exit/entry documents, or refuse or evade borderinspection;

　　(2) Are sentenced to criminal punishments, the execution of whichhave not been completed, or are suspects or defendants in criminalcases;

　　(3) Are involved in unsettled civil cases and not allowed to exitChina upon decision of the people’s courts;

　　(4) Are subject to criminal punishment for impairing borderadministration, or are repatriated by other countries or regionsdue to illegal exit from China, illegal residence or illegalemployment, and the No-Exit-from-China period has not expired;

　　(5) May endanger national security or interests, and are notallowed to exit China upon decision by competent departments underthe State Council; or

　　(6) Other circumstances in which exit from China is not allowedin accordance with laws or administrative regulations.

　　Article 13 Chinese citizens residing abroad who desire to returnto China for permanent residence shall, prior to the entry, fileapplications with Chinese embassies or consulates or otherinstitutions stationed abroad entrusted by the Ministry of ForeignAffairs. They may also file such applications to the overseasChinese affairs departments under the local people’s governments ator above the county level of the proposed places of permanentresidence on their own or via their relatives in China.

　　Article 14 When handling financial affairs or affairs involvingeducation, medical treatment, transportation, telecommunications,social insurance or property registration, where　identitycertificates are required, Chinese citizens residing abroad mayprovide their passports for proof of identity.

　　Chapter III

　　Entry and Exit of Foreigners

　　Section 1

　　Visa

　　Article 15 In order to entering China, foreigners shall apply tothe visa-issuing authorities stationed abroad for a visa, except asotherwise provided for in this Law.

　　Article 16 Visas are categorized as diplomatic visa, courtesyvisa, official visa and ordinary visa.

　　Diplomatic or official visas shall be issued to foreigners whoenter China for diplomatic or official reasons; and courtesy visasshall be issued to foreigners who are given courtesy due to theirspecial status. The scope and measures for issuing diplomatic,courtesy and official visas shall be stipulated by the Ministry ofForeign Affairs.

　　Appropriate types of ordinary visa shall be issued to foreignerswho enter China due to non-diplomatic or official reasons includingwork, study, family visit, travel, business activities and talentintroduction. The types of ordinary visa and relevant issuancemeasures shall be stipulated by the State Council.

　　Article 17 The registered items of a visa shall include visatype, name, sex, date of birth, number of allowed entries, validityperiod of entry and duration of stay of the holder, date and placeof issuance, as well as passport number or other internationaltravel documents number.

　　Article 18 Foreigners who apply for visas shall submit theirpassports or other international travel documents, as well asinformation of specific application matters, to the visa-issuingauthorities stationed abroad. They shall go through relevantformalities and accept interviews in accordance with therequirements of the visa-issuing authorities stationed abroad.

　　Article 19 Where　foreigners applying for visas need to providewritten invitations issued by entities or individuals within China,the applicants shall provide such invitations in accordance withthe requirements of the visa-issuing authorities abroad. Entitiesor individuals that issue written invitations shall be liable forthe fidelity of the contents.

　　Article 20 Foreigners who need to enter China urgently forhumanitarian reasons, or are invited to enter China for urgentbusiness or rush repair work, or have other urgent needs, and holdmaterials that prove the competent departments’ approval of theirapplying for visas at port, may apply for port visas with thevisa-issuing authorities entrusted by the Ministry of PublicSecurity at the ports (hereinafter referred to as “port visaauthorities”) which are approved to issue port visas by the StateCouncil.

　　Travel agencies that organize inbound tourism in accordance withrelevant State regulations may apply for group tourist visas fromport visa authorities.

　　Foreigners who apply to port visa authorities for visas shallsubmit their passports or other international travel documents, aswell as relevant information of specific application matters. Theyshall go through relevant formalities in accordance with therequirements of the port visa authorities, and enter China at theports where　they apply for visas.

　　Visas issued by port visa authorities shall be single entry andthe duration of stay shall not exceed 30 days.

　　Article 21 Under any of the following circumstances, visas shallnot be issued to foreigners:

　　(1) Was deported, or was repatriated upon decision, and theNo-Entry-into-China period has not expired;

　　(2) Is suffering from serious mental disorders, infectioustuberculosis or other infectious diseases that may severelyjeopardize the public health;

　　(3) May endanger China’s national security or interests, ordisrupt social and public order, or engage in other illegal orcriminal activities;

　　(4) Resort to fraudulent acts in visa application or cannotguarantee expected expenditures during their stay in China;

　　(5) Fail to submit relevant information required by thevisa-issuing authorities; or

　　(6) Other circumstances in which visa authorities consider a visashould not be issued.

　　The visa-issuing authorities are not required to give reasons forrefusing the issuance of a visa.

　　Article 22 Under any of the following circumstances, foreignersmay be exempt from applying for visas:

　　(1) So exempted based on the visa exemption agreements signed bythe Chinese government with the governments of other countries;

　　(2) Hold valid foreigners’ residence permits;

　　(3) Hold connected passenger tickets and are in transit to athird country or region by an international aircraft, ship or trainvia China, will stay for not more than 24 hours in China withoutleaving the port of entry, or will stay in the specific zonesapproved by the State Council within the prescribed time limit; or

　　(4) Other circumstances stipulated by the State Council in whichvisas may be exempted.

　　Article 23 Where　foreigners under any of the followingcircumstances need to enter China temporarily, they shall apply toexit/entry border inspection agencies for going through theformalities for temporary entry:

　　(1) Foreign seamen and their accompanying family membersdisembark at cities where　the ports are located;

　　(2) Persons specified in Subparagraph (3) of Article 22 of thisLaw need to leave ports; or

　　(3) Foreigners need to enter China temporarily due to forcemajeure or for any other urgent reason.

　　The duration of stay for temporary entry shall not exceed 15days.

　　For foreigners who apply for going through the formalities fortemporary entry, exit/entry border inspection authorities mayrequire such foreigners, the persons in charge of the transportvehicles used for such foreigners’ entry or the agencies handlingthe exit/entry business for transport vehicles to provide necessaryguaranty measures.

　　Section 2

　　Entry and Exit

　　Article 24 Foreigners who enter China shall submit theirpassports, other international travel documents, visas or otherentry permits to the exit/entry border inspection authorities forexamination, go through the prescribed formalities, and may enterupon examination and approval.

　　Article 25 Under any of the following circumstances, foreignersshall not be allowed to enter China:

　　(1) Hold no valid exit/entry documents, or refuse or evade borderinspection;

　　(2) Are involved in any of the circumstances specified inSubparagraph (1) through (4) of the first paragraph of Article 21of this Law;

　　(3) May engage in activities not conform to the types of visaafter entering China; or

　　(4) Other circumstances in which entry is not allowed inaccordance with laws or administrative regulations.

　　Exit/entry border inspection authorities are not required to givereasons for denying an entry.

　　Article 26 Exit/entry border inspection authorities shall orderforeigners who are denied entry in China to return, and shall forcethe return of those who refuse to do so. While waiting for return,those foreigners shall not leave the restricted zones.

　　Article 27 Foreigners who exit China shall submit theirexit/entry documents including passports or other internationaltravel documents to the exit/entry border inspection authoritiesfor examination, go through prescribed formalities, and may exitupon examination and approval.

　　Article 28 Under any of the following circumstances, foreignersshall not be allowed to exit China:

　　(1) Are sentenced to criminal punishments, the execution of whichare not completed, or suspects or defendants in criminal cases,except those who are sentenced and transferred under relevantagreements between China and foreign countries;

　　(2) Are involved in unsettled civil cases and are not allowed toexit China upon decision of the people’s courts;

　　(3) Are in arrears of paying off labor remuneration and thereforeare not allowed to exit by decision of the relevant departmentsunder the State Council or of the people’s governments ofprovinces, autonomous regions or municipalities directly under theCentral Government; or

　　(4) Other circumstances in which exit shall not be allowed inaccordance with laws or administrative regulations.

　　Chapter IV

　　Stay and Residence of Foreigners

　　Section 1

　　Stay and Residence

　　Article 29 Where　the duration of stay specified in a visa held bya foreigner does not exceed 180 days, the holder may stay in Chinawithin the duration specified therein.

　　Where　the duration of stay needs to be extended, the visa holdershall file an application with the exit/entry administration ofpublic security organ under the local people’s government at orabove the county level in the place of his stay seven days prior tothe expiry of the duration specified in the visa, and shall submitinformation of specific application matters in accordance withrelevant requirements. If upon examination, the reasons forextension are appropriate and sufficient, such extension shall begranted; if an extension is denied, the foreigner shall leave Chinaon the expiry of the duration.

　　The accumulated length of extension shall not exceed the originalduration of stay specified in the visa.

　　Article 30 Where　visas held by foreigners specify that foreignersneed to apply for residence permits after entry, such foreignersshall, within 30 days from the date of their entry, apply to theexit/entry administrations of public security organs under localpeople’s governments at or above the county level in the proposedplaces of residence for foreigners’ residence permits.

　　Applicants for foreigners’ residence permits shall submit theirpassports or other international travel documents, as well asrelevant information of specific application matters, and providebiometric identification information such as fingerprints. Theexit/entry administrations of public security organs shall, within15 days upon the date of receipt, conduct examination and make adecision thereupon. Based on the purpose of residence, thoseadministrations shall issue the appropriate types of foreigners’residence permits with the duration.

　　The validity period of a foreigner’s work-type residence permitshall be 90 days at the minimum and five years at the maximum; andthe validity period of a non-work-type foreigner’s residence permitshall be 180 days at the minimum and five years at the maximum.

　　Article 31 Under any of the following circumstances, aforeigner’s residence permit shall not be issued:

　　(1) The visa held does not belong to the type for which aforeigner’s residence permit should be issued;

　　(2) Resorts to fraudulent acts in application;

　　(3) Fails to provide relevant supporting materials in accordancewith relevant regulations;

　　(4) Is not eligible to reside in China because of violation ofrelevant Chinese laws or administrative regulations; or

　　(5) Other circumstances in which the issuing authority considersa foreigner’s residence permit should not be issued.

　　Foreigners with expertise and foreign investors who conform torelevant State regulations or foreigners who need to change theirstatus from stay to residence for humanitarian or other reasons,may undergo the formalities for obtaining foreigner’s residencepermits upon approval by the exit/entry administrations of publicsecurity organs under local people’s governments at or above thecity with districts.

　　Article 32 Foreigners residing in China who apply for theextension of the duration of residence shall, within 30 days priorto the expiry of the validity period on their residence permits,file applications with the exit/entry administrations of publicsecurity organs under local people’s governments at or above thecounty level, and submit relevant information of specificapplication matters in accordance with relevant requirements. Ifupon examination, the reasons for extension are appropriate andsufficient, an extension shall be granted; if an extension isdenied, the foreigner concerned shall leave China on the expiry ofthe validity period specified in their residence permits.

　　Article 33 The registered items of a foreign residence permitshall include name, sex, date of birth, reason for residence andduration of residence of the holder, date and place of issuance,passport number or other international travel documents number.

　　Where　the registered item in a foreigner’s residence permit haschanged, the holder shall, within 10 days from the date of change,apply to the exit/entry administration of public security organunder the local people’s government at or above the county level inthe place of residence for going through the formalities foralteration.

　　Article 34 Where　visa-exempt foreigners need to stay in Chinalonger than the visa-free period, or foreign seamen and theiraccompanying family members need to leave the cities where　theports are located, or under other circumstances in whichforeigners’ stay permits should be applied for, they shall applyfor such permits in accordance with relevant regulations.

　　The maximum validity period of a foreigner’s stay permit shall be180 days.

　　Article 35 Where　ordinary visas, stay or residence permits heldby foreigners need to be reissued due to damage, loss, theft,robbery or other reasons in compliance with relevant Stateregulations after foreigners enter China, those foreigners shallapply for a reissue with the exit/entry administrations of publicsecurity organs under local people’s governments at or above thecounty level in the places of stay or residence in accordance withrelevant regulations.

　　Article 36 Decisions made by the exit/entry administration ofpublic security organ on rejecting applications for visa extensionor reissuance, or on not issuing foreigners’ stay or residencepermits or not extending the duration of residence shall be final.

　　Article 37 Foreigners who stay or reside in China shall notengage in activities not corresponding to the purpose of stay orresidence, and shall leave China prior to the expiry of theprescribed duration of stay or residence.

　　Article 38 Foreigners having reached the age of 16 who stay orreside in China shall carry with them their passports or otherinternational travel documents, or foreigners’ stay or residencepermits, and accept the inspection of public security organs.

　　Foreigners who reside in China shall, within the prescribed timelimit, submit foreigners’ residence permits to public securityorgans under local people’s governments at or above the countylevel in the places of residence for examination.

　　Article 39 Where　foreigners stay in hotels in China, the hotelsshall register their accommodation in accordance with theregulations on the public security administration of the hotelindustry, and submit foreigners’ accommodation registrationinformation to the public security organs in the places where　thehotels are located.

　　For foreigners who reside or stay in domiciles other than hotels,they or the persons who accommodate them shall, within 24 hoursafter the foreigners’ arrival, go through the registrationformalities with the public security organs in the places ofresidence.

　　Article 40 For foreign infants born in China, their parents oragents shall, within 60 days after they are born, on the strengthof the birth certificates, go through the formalities for stay orresidence registration for them with the exit/entry administrationsof public security organs under people’s governments at or abovethe county level in the places of their parents’ stay or residence.

　　For foreigners who decease in China, their relatives, guardiansor agents shall, in accordance with relevant regulations, on thestrength of the death certificates, report their death to theexit/entry administrations of the public security organs underlocal people’s governments at or above the county level to canceltheir stay or residence permits.

　　Article 41 Foreigners who work in China shall obtain work permitsand work-type residence permits in accordance with relevantregulations. No entities or individuals shall employ foreigners whohave no work permits or work-type residence permits.

　　The administrative measures for foreigners working in China shallbe stipulated by the State Council.

　　Article 42 The competent department of human resources and socialsecurity and the competent department in charge of foreign expertsaffairs under the State Council shall, in conjunction with relevantdepartments under the State Council, formulate and regularly adjustthe guiding catalogue for foreigners working in China based on theneeds for economic and social development as well as the supply anddemand of human resources.

　　The competent department of education under the State Councilshall, in conjunction with relevant departments under the StateCouncil, establish an administrative system for foreign studentsworking to support their study in China and set forth regulationson the scope of jobs and the limit of work time for such foreignstudents.

　　Article 43 Any of the following acts of foreigners shall bedeemed unlawful employment:

　　(1) Work in China without obtaining work permits or work-typeresidence permits in accordance with relevant regulations;

　　(2) Work in China beyond the scope prescribed in the workpermits; or

　　(3) Foreign students work in violation of the regulations on theadministration of foreign students working to support their studyin China and work beyond the prescribed scope of jobs or prescribedtime limit.

　　Article 44 On the basis of the need for maintaining nationalsecurity and public security, public security organs and nationalsecurity organs may impose restrictions on foreigners and foreigninstitutions from establishing places of residence or work incertain areas; and may order that established places of residenceor work be relocated within a prescribed time limit.

　　Without approval, foreigners shall not accessforeigner-restricted areas.

　　Article 45 Entities that employ foreigners or enroll foreignstudents shall report relevant information to local public securityorgans in accordance with relevant regulations.

　　Citizens, legal persons or other organizations who findforeigners illegal enter, reside or work in China shall duly reportsuch matter to the local public security organs.

　　Article 46 Foreigners applying for refugee status may, during thescreening process, stay in China on the strength of temporaryidentity certificates issued by public security organs; foreignerswho are recognized as refugees may stay or reside in China on thestrength of refugee identity certificates issued by public securityorgans.

　　Section 2

　　Permanent Residence

　　Article 47 Foreigners who have made remarkable contribution toChina’s economic and social development or meet other conditionsfor permanent residence in China may obtain permanent residencestatus upon application approved by the Ministry of PublicSecurity.

　　The administrative measures for examination and approval offoreigners’ permanent residence in China shall be stipulated by theMinistry of Public Security and the Ministry of Foreign Affairs inconjunction with relevant departments under the State Council.

　　Article 48 Foreigners who have obtained permanent residencestatus may reside or work in China on the strength of permanentresidence permits, and exit or enter China on the strength of theirpassports and permanent residence permits.

　　Article 49 Where　foreigners fall under any of the followingcircumstances, the Ministry of Public Security shall decide tocancel their permanent residence status in China:

　　(1) Endanger China’s national security or interests;

　　(2) Are deported;

　　(3) Obtain permanent residence status in China by fraudulentacts;

　　(4) Fail to reside in China for the prescribed time limit; or

　　(5) Other circumstances in which foreigners are not eligible toreside in China permanently.

　　Chapter V

　　Border Inspection of Transport Vehicles Exiting/Entering China

　　Article 50 Transport vehicles that exit or enter China shall besubject to border inspection when leaving or arriving at ports.Border inspection of entering transport vehicles shall be conductedat the first arriving port in China; border inspection of exitingtransport vehicles shall be conducted at the last port when theyleave China. Under special circumstances, border inspection may beconducted in places designated by competent authorities.

　　Without the permission of exit/entry border inspectionauthorities in accordance with prescribed procedures, transportvehicles that exit China shall not embark or disembark passengers,or load and unload goods or articles between exit inspection andexit, and nor shall transport vehicles that enter China do sobetween entry and entry inspection.

　　Article 51 Persons in charge of transport vehicles or agencieshandling the exit/entry business for transport vehicles shall, inaccordance with relevant regulations, report to the exit/entryborder inspection authorities in advance on the entering or exitingtransport vehicles’ time of arrival at or departure from the portand the places of stay, and truthfully declare informationincluding staff, passengers, goods and articles.

　　Article 52 Persons in charge of transport vehicles or agencieshandling the exit/entry business for transport vehicles shallprovide cooperation in exit/entry border inspection, and shallimmediately report any violations of this Law found thereby andgive assistance in the investigation and handling of suchviolations.

　　Where　transport vehicles that enter China carry persons who arenot allowed to enter China, the persons in charge of the transportvehicles shall be responsible for their leaving.

　　Article 53 Exit/entry border inspection authorities shallsupervise transport vehicles that exit or enter China under any ofthe following circumstances:

　　(1) Between exit border inspection and exit for transportvehicles that exit China, and between entry and entry borderinspection for transport vehicles that enter China;

　　(2) When foreign ships navigate in China’s inland waters; or

　　(3) Other circumstances in which supervision is necessary.

　　Article 54 Persons who need to embark on or disembark fromforeign ships for reasons such as goods loading or unloading,maintenance operations or visit shall apply to exit/entry borderinspection authorities for boarding pass.

　　Where　a Chinese ship needs to berth alongside a foreign ship, ora foreign ship needs to berth alongside another foreign ship, thecaptain or the agency handling the exit/entry business for relevanttransport vehicles shall apply to the exit/entry border inspectionauthority for going through formalities for berth.

　　Article 55 Foreign ships and aircrafts shall navigate accordingto prescribed routes.

　　Ships and aircrafts that exit or enter China shall not accessareas outside the ports open to foreign countries. The aforesaidships or aircrafts that access such areas due to unforeseeableemergencies or force majeure shall immediately report to thenearest exit/entry border inspection authority or local publicsecurity organ, and accept supervision and administration.

　　Article 56 Under any of the following circumstances, transportvehicles shall be not allowed to exit or enter China; those thathave left ports may be ordered to return:

　　(1) Exit or enter China without examination and approval whenleaving or arriving at port;

　　(2) Change the port of exit or entry without approval;

　　(3) Are suspected of carrying persons who are not allowed to exitor enter China and therefore need to be inspected and verified;

　　(4) Are suspected of carrying articles endangering nationalsecurity or interests or disrupting social or public order andtherefore need to be inspected and verified; or

　　(5) Other circumstances in which transport vehicles refuse tosubject themselves to exit/entry border inspection authorities’administration.

　　After the circumstances specified in the preceding paragraphdisappear, exit/entry border inspection authorities shallimmediately release relevant transport vehicles.

　　Article 57 Agencies handling the exit/entry business fortransport vehicles shall file records with exit/entry borderinspection authorities. For agents engaging in such a business, theentities they work for shall file relevant records for them withexit/entry border inspection authorities.

　　Chapter VI

　　Investigation and Repatriation

　　Article 58 Measures for on-the-spot interrogation, continuedinterrogation, detention for investigation, movement restrictionand repatriation prescribed in this Chapter shall be enforced bypublic security organs under local people’s governments at or abovethe county level or by exit/entry border inspection authorities.

　　Article 59 Persons suspected of violating the regulations onexit/entry administration may be interrogated on the spot; uponon-the-spot interrogation, the aforesaid persons may beinterrogated in continuation in accordance with the law under anyof the following circumstances:

　　(1) Are suspected of illegally exiting or entering China;

　　(2) Are suspected of assisting others in illegally exiting orentering China;

　　(3) Are foreigners suspected of illegally residing or working inChina; or

　　(4) Are suspected of endangering national security or interests,disrupting social or public order, or engaging in other illegal orcriminal activities.

　　On-the-spot interrogation and continued interrogation shall beconducted in accordance with the procedures prescribed in thePeople’s Police Law of the People’s Republic of China.

　　Where　public security organs under local people’s governments ator above the county level or exit/entry border inspectionauthorities need to summon the persons suspected of violating theregulations on exit/entry administration, they shall handle thematter in accordance with the relevant regulations of the Law ofthe People’s Republic of China on Penalties for Administration ofPublic Security.

　　Article 60 Where　foreigners involved in any of the circumstancesspecified in the first paragraph of Article 59 of this Law cannotbe cleared of suspicion after on-the-spot interrogation orcontinued interrogation and therefore need to be furtherinvestigated, he may be detained for investigation.

　　When detaining a foreigner for investigation, the authorityconcerned shall present a written decision on detention forinvestigation and shall interrogate the detained foreigner within24 hours. Where　the aforesaid organ finds that a foreigner shouldnot be detained for investigation, it shall immediately release himfrom detention for investigation.

　　The period of detention for investigation shall not exceed 30days; for complicated cases, the period may be extended to 60 daysupon approval by the public security organs under the localpeople’s governments at the next higher level or by the exit/entryborder inspection authorities at the next higher level. Forforeigners whose nationalities and identities are unknown, theperiod of detention for investigation shall be calculated from thedate when their nationalities and identities are found out.

　　Article 61 Under any of the following circumstances, detentionfor investigation is not applicable to foreigners, however, theirmovements may be restricted:

　　(1) Suffer from serious diseases;

　　(2) Are pregnant or breast-feeding their own infants under oneyear of age;

　　(3) Are under 16 years of age or have reached the age of 70; or

　　(4) Other circumstances in which detention for investigationshould not be applied.

　　Foreigners whose movements are restricted shall subjectthemselves to investigation as required, and shall not leave therestricted zones without approval of public security organs. Theperiod of movement restriction shall not exceed 60 days. Forforeigners whose nationalities and identities are unknown, theperiod of movement restriction shall be calculated from the datewhen their nationalities and identities are found out.

　　Article 62 Under any of the following circumstances, foreignersmay be repatriated:

　　(1) Are ordered to exit China within a prescribed time limit butfail to do so;

　　(2) Are involved in circumstances in which they are not allowedto enter China;

　　(3) Illegally reside or work in China; or

　　(4) Need to be repatriated for violation of this Law or otherlaws or administrative regulations.

　　Other overseas personnel who fall under any of the circumstancesprescribed in the preceding paragraph may be repatriated inaccordance with the law.

　　Repatriated persons shall not be allowed to enter China for oneto five years, calculating from the date of repatriation.

　　Article 63 Persons who are detained for investigation or who areto be repatriated upon decision but cannot be repatriated promptlyshall be held in custody in detention houses or places ofrepatriation.

　　Article 64 Foreigners dissatisfied with the measure imposed onthem in accordance with this Law, such as continued interrogation,detention for investigation, movement restriction or repatriation,may apply for administrative reconsideration in accordance with thelaw, and the administrative reconsideration decision shall befinal.

　　Where　other overseas personnel dissatisfied with the decision ofrepatriation imposed on them in accordance with this Law apply foradministrative reconsideration, the provisions in the precedingparagraph are applicable.

　　Article 65 Where　persons are not allowed to exit or enter Chinaupon decisions made in accordance with the law, the decision-makingauthorities shall duly inform the exit/entry border inspectionauthorities of such decisions in accordance with relevantregulations; where　the circumstances in which the persons are notallowed to exit or enter China disappear, the decision-makingauthorities shall duly cancel the aforesaid decisions and informexit/entry border inspection authorities of the cancellation.

　　Article 66 On the basis of the need for safeguarding nationalsecurity and maintaining the order of exit/entry administration,exit/entry border inspection authorities may, when necessary,search the persons entering and exiting the country. PersonalSearch shall be conducted by two border inspectors who are the samesex as the persons subject to the search.

　　Article 67 In such cases that the exit/entry documents such asvisas or foreigners’ stay or residence permits are damaged, lost orstolen, or that after the issuance of such documents, the holdersare found not eligible for being issued such documents, the issuingauthorities shall declare the aforesaid documents void.

　　Exit/entry documents which are forged, altered, obtained byfraudulent means or are declared void by issuing authorities shallbe invalid.

　　Public security organs may cancel or confiscate the exit/entrydocuments prescribed in the preceding paragraph or usedfraudulently by persons other than the specified holders.

　　Article 68 Public security organs may seize the transportvehicles used to organize, transport or assist others in illegallyexiting or entering China as well as the articles needed asevidence in handling the cases.

　　Public security organs shall seize banned articles, documents anddata involving state secrets, as well as tools used in activitiesviolating the regulations on exit/entry administration, and handlethem in accordance with relevant laws or administrativeregulations.

　　Article 69 The authenticity of exit/entry documents shall bedetermined by the issuing authorities, the exit/entry borderinspection authorities or the exit/entry administrations of publicsecurity organs.

　　Chapter VII

　　Legal Liabilities

　　Article 70 Unless otherwise provided for in this Chapter, theadministrative penalties prescribed in this Chapter shall bedecided by the public security organs under local people’sgovernments at or above the county level or the exit/entry borderinspection authorities. Penalties involving the imposition ofwarnings or fines of not more than RMB 5,000 yuan may be decided bythe exit/entry administrations of public security organs underlocal people’s governments at or above the county level.

　　Article 71 Persons who commit any of the following acts shall befined not less than RMB 1,000 yuan but not more than RMB 5,000yuan; where　circumstances are serious, such persons shall bedetained for not less than five days but not more ten days and mayalso be fined not less than RMB 2,000 yuan but not more than RMB10,000 yuan.

　　(1) Exit or enter China with forged, altered or fraudulentlyobtained exit/entry documents;

　　(2) Exit or enter China using others’ exit/entry documents;

　　(3) Evade exit/entry border inspection; or

　　(4) Illegally exit or enter China in any other way.

　　Article 72 Persons who assist others in illegally exiting orentering China shall be fined not less than RMB 2,000 yuan but notmore than RMB 10,000 yuan; where　circumstances are serious, theyshall be detained for not less than 10 days but not more than 15days and shall also be fined not less than RMB 5,000 yuan but notmore than RMB 20,000 yuan, and the illegal gains, if any, shall beconfiscated.

　　Entities engaging in any of the acts prescribed in the precedingparagraph shall be fined not less than RMB 10,000 yuan but not morethan RMB 50,000 yuan, with the illegal gains confiscated if thereare any; and the persons in charge of the entities who are directlyresponsible and other persons directly responsible shall bepunished in accordance with the provisions in the precedingparagraph.

　　Article 73 Persons who obtain exit/entry documents such as visasor stay or residence permits by resorting to fraudulent acts shallbe fined not less than RMB 2,000 yuan but not more than RMB 5,000yuan; where　circumstances are serious, they shall be detained fornot less than 10 days but not more than 15 days and shall also befined not less than RMB 5,000 yuan but not more than RMB 20,000yuan.

　　Entities engaging in any of the acts prescribed in the precedingparagraph shall be fined not less than RMB 10,000 yuan but not morethan RMB 50,000 yuan; and the persons in charge of the entities whoare directly responsible and other persons directly responsibleshall be punished in accordance with the provisions in thepreceding paragraph.

　　Article 74 Persons who issue written invitations or otherapplication materials to foreigners in violation of this Law shallbe fined not less than RMB 5,000 yuan but not more than RMB 10,000yuan, with the illegal gains confiscated if there are any, andshall also be ordered to bear exit expenses of the invitedforeigners.

　　Entities engaging in any of the acts prescribed in the precedingparagraph shall be fined not less than RMB 10,000 yuan but not morethan RMB 50,000 yuan, with the illegal gains confiscated if thereare any, and shall also be ordered to bear exit expenses of theinvited foreigners; the persons in charge of the entities who aredirectly responsible and other persons directly responsible shallbe punished in accordance with the provisions in the precedingparagraph.

　　Article 75 Where　Chinese citizens are repatriated due toillegally going to other countries or regions after exiting China,exit/entry border inspection authorities shall confiscate theirexit/entry documents. Exit/entry document issuing authorities shallrefuse to issue new exit/entry documents to such citizens for aperiod ranging from six months to three years calculating from thedate of their repatriation.

　　Article 76 Under any of the following circumstances, a warningshall be given, and a fine of not more than RMB 2,000 yuan may alsobe imposed:

　　(1) Foreigners refuse to accept examination of their exit/entrydocuments by public security organs;

　　(2) Foreigners refuse to submit their residence permits forexamination;

　　(3) Persons concerned fail to go through the formalities forforeigners’ birth registration or death declaration in accordancewith relevant regulations;

　　(4) Foreigners fail to go through the formalities for alteringregistration in accordance with the relevant regulations when thereis any change in the registered items in their residence permits;

　　(5) Foreigners in China use others’ exit/entry documents; or

　　(6) Persons concerned fail to go through registration formalitiesin accordance with the provisions in the second paragraph ofArticle 39 of this Law.

　　Hotels that fail to process accommodation registration forforeigners shall be punished in accordance with the relevantprovisions of the Law of the People’s Republic of China onPenalties for Administration of Public Security; hotels that failto submit foreigners’ accommodation registration information topublic security organs shall be given a warning;where　circumstances are serious, such hotels shall be fined notless than RMB 1,000 yuan but not more than RMB 5,000 yuan.

　　Article 77 Foreigners accessing foreigner-restricted areaswithout approval shall be ordered to leave promptly;where　circumstances are serious, such foreigners shall be detainedfor not less than five days but not more than ten days. The textrecords, audio-visual data, electronic data and other articlesillegally obtained thereof by the foreigners shall be confiscatedor destroyed, and the tools used for the aforementioned purposesshall be confiscated.

　　Foreigners or foreign institutions refusing to execute decisionsmade by public security organs or national security organs orderingthem to relocate within a prescribed time limit shall be given awarning and be relocated mandatorily; where　circumstances areserious, relevant responsible persons shall be detained for notless than five days but not more than fifteen days.

　　Article 78 Foreigners who reside in China illegally shall begiven a warning; where　circumstances are serious, they shall beimposed with a fine of RMB 500 yuan per day, with a cap of RMB10,000 yuan in total, or be detained for not less than five daysbut not more than 15 days.

　　Where　guardians or other persons responsible for guardianshipfail to perform the guardian obligation and result in foreignersbelow 16 years of age residing in China illegally, the saidguardians or other obligated persons shall be given a warning andmay also be fined not more than RMB 1,000 yuan.

　　Article 79 Persons harboring or hiding foreigners who illegallyenter or reside in China, or assisting such foreigners in evadinginspection, or providing, in violation of the law, exit/entrydocuments for foreigners who illegally reside in China shall befined not less than RMB 2,000 yuan but not more than RMB 10,000yuan; where　circumstances are serious, such persons shall bedetained for not less than five days but not more than fifteen daysand shall also be fined not less than RMB 5,000 yuan but not morethan RMB 20,000 yuan, with the illegal gains confiscated if thereare any.

　　Entities engaging in any of the acts prescribed in the precedingparagraph shall be fined not less than RMB 10,000 yuan but not morethan RMB 50,000 yuan, with the illegal gains confiscated if thereare any; and the persons in charge of the entities who are directlyresponsible and other persons directly responsible shall bepunished in accordance with the provisions in the precedingparagraph.

　　Article 80 Foreigners who work in China illegally shall be finednot less than RMB 5,000 but not more than RMB 20,000 yuan;where　circumstances are serious, they shall be detained for notless than five days but not more than fifteen days and shall alsobe fined not less than RMB 5,000 yuan but not more than RMB 20,000yuan.

　　Persons who introduce jobs to ineligible foreigners shall befined RMB 5,000 yuan for each job illegally introduced to oneforeigner, with a cap of not more than RMB 50,000 yuan in total;and entities that introduce jobs to ineligible foreigners shall befined RMB 5,000 yuan for each job illegally introduced to oneforeigner, with a cap of RMB 100,000 yuan in total; and the illegalgains, if any, shall be confiscated.

　　Individuals or entities that illegally employ foreigners shall befined RMB 10,000 yuan for each illegally employed foreigner, with acap of RMB 100,000 yuan in total; and the illegal gains, if any,shall be confiscated.

　　Article 81 Where　foreigners engage in activities notcorresponding to the purposes of stay or residence, or otherwiseviolate the laws or regulations of China, which makes them nolonger eligible to stay or reside in China, they may be ordered toexit China within a time limit.

　　Where　a foreigner’s violation of this Law is serious but does notconstitute a crime, the Ministry of Public Security may deportthem. The penalty decision made by the Ministry of Public Securityshall be final.

　　Deported foreigners shall not be allowed to enter China within 10years calculating from the date of deportation.

　　Article 82 Under any of the following circumstances, relevantpersons shall be given a warning and may also be fined not morethan RMB 2,000 yuan:

　　(1) Disrupt the administrative order of the restricted zones ofports;

　　(2) Foreign seamen or their accompanying family members disembarkwithout going through the formalities for temporary entry; or

　　(3) Embark on or disembark from foreign ships without obtainingboarding passes.

　　Persons who violate Subparagraph (1) of the preceding paragraphmay be detained for not less than five days but not more than tendays if the circumstances are serious.

　　Article 83 Where　transport vehicles fall under any of thefollowing circumstances, the persons in charge of the transportvehicles shall be fined not less than RMB 5,000 yuan but not morethan RMB 50,000 yuan:

　　(1) Exit or enter China without examination and approval, orchange the ports of exit or entry without approval;

　　(2) Fail to truthfully declare information of staff, passengers,goods or articles, or refuse to assist in exit/entry borderinspection; or

　　(3) Embark or disembark passengers, or load or unload goods orarticles in violation of the regulations on exit/entry borderinspection.

　　Transport vehicles that exit or enter China carrying persons whoare not allowed to exit or enter China shall be fined not less thanRMB 5,000 yuan but not more than RMB 10,000 yuan for each aforesaidperson carried. Where　the persons in charge of the transportvehicles prove that they have taken reasonable preventativemeasures, they may be given mitigated penalties or be exempt frompenalties.

　　Article 84 Where　transport vehicles fall under any of thefollowing circumstances, the persons in charge of the transportvehicles shall be fined not less than RMB 2,000 yuan but not morethan RMB 20,000 yuan:

　　(1) Chinese or foreign ships berth alongside foreign shipswithout approval;

　　(2) Foreign ships or aircrafts fail to navigate according to theprescribed routes in China; or

　　(3) Ships and aircrafts that exit or enter China access areasoutside the ports open to foreign countries.

　　Article 85 Where　staff members performing the duty of exit/entryadministration commit any of the following acts, they shall begiven disciplinary sanctions in accordance with the law:

　　(1) In violation of laws or administrative regulations, issueexit/entry documents such as visas or stay or residence permits toforeigners who do not meet the prescribed conditions;

　　(2) In violation of laws or administrative regulations, examineand allow the exit or entry of persons or transport vehicles thatdo not meet the prescribed conditions;

　　(3) Divulge personal information gained in exit/entryadministration work and infringing the legitimate rights andinterests of relevant parties;

　　(4) Fail to turn over in accordance with relevant regulations tothe State Treasury the fees, fines or illegal gains or propertythat are collected or confiscated in accordance with the law;

　　(5) Privately share, encroach on or misappropriate the funds orarticles confiscated or seized or the fees collected; or

　　(6) Other failures in performing statutory duties in accordancewith the law, such as abuse of power, dereliction of duty, orresorting to malpractice for personal gain.

　　Article 86 In the case of violation of regulations on exit/entryadministration and that a fine of not more than RMB 500 yuan shouldbe imposed, the exit/entry border inspection authorities may make apenalty decision on the spot.

　　Article 87 Persons or entities that are fined for violation ofregulations on exit/entry administration shall pay their fines inthe designated banks within 15 days from the date of receiving thewritten decision on penalty. Where　it is difficult to collect finesafter a fine is imposed because the person or entity subject topenalty has no fixed domicile in the place where　the fine isimposed or it is difficult to pay fine to the designated bank atthe port, the fine may be collected on the spot.

　　Article 88 Where　a violation of this Law constitutes a crime,criminal liabilities shall be investigated in accordance with thelaw.

　　Chapter VIII

　　Supplementary Provisions

　　Article 89 Definitions of the following terms mentioned in thisLaw:

　　Exit refers to leaving the Chinese mainland for other countriesor

　　regions, for the Hong Kong Special Administrative Region or theMacao

　　Special Administrative Region, or for Taiwan Region.

　　Entry refers to entering the Chinese mainland from othercountries or regions, from the Hong Kong Special AdministrativeRegion or the Macao Special Administrative Region, or from TaiwanRegion.

　　Foreigners refer to persons without Chinese nationality.

　　Article 90 Upon approval by the State Council, provinces andautonomous regions bordering on neighboring countries may, inaccordance with the boundary administration agreements signed byChina with relevant countries, formulate local regulations or localgovernment rules to regulate the association of residents in borderareas of the two countries.

　　Article 91 Where　there are other regulations on theadministration of the entry/exit, stay or residence of the membersof foreign diplomatic and consular missions in China, or theentry/exit, stay or residence of other foreigners who enjoydiplomatic privileges and immunities, these regulations shallprevail.

　　Article 92 Foreigners who apply for exit/entry documents such asvisas or foreigner stay or residence permits or apply for documentextension or alteration shall pay visa fees or document fees inaccordance with relevant regulations.

　　Article 93 This Law shall come into force as of July 1, 2013. TheLaw of the People’s Republic of China on the Entry and ExitAdministration of Foreigners and the Law of the People’s Republicof China on the Entry and Exit Administration of Chinese Citizensshall be annulled simultaneously.

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