Chapter I General Provisions

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

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

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

Chapter II Exit and Entry of Chinese Citizens

 Section 1 Visa

 (1) Was deported, or was repatriated upon decision, and the No-Entry-into-China period has not expired;

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

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

 (4) Resort to fraudulent acts in visa application or cannot guarantee expected expenditures during their stay in China;

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

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

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

 Section 2 Entry and Exit

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

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

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

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

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

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

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

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

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

 (3) Are in arrears of paying off labor remuneration and therefore are not allowed to exit by decision of the relevant departments under the State Council or of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government; or

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

Chapter IV Stay and Residence of Foreigners

 Section 1 Stay and Residence

 (1) The visa held belongs to the type for which a foreigner’s residence permit should not be issued;

 (2) Resorts to fraudulent acts in application;

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

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

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

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

 Article 32 Foreigners residing in China who apply for the extension of the duration of residence shall, within 30 days prior to the expiry of the validity period on their residence permits, file applications with the exit/entry administrations of public security organs under local people’s governments at or above the county level, and submit relevant information of specific application matters in accordance with relevant requirements. If upon examination, the reasons for extension are appropriate and sufficient, an extension shall be granted; if an extension is denied, the foreigner concerned shall leave China on the expiry of the validity period specified in their residence permits.

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

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

 Foreigners who reside in China shall, within the prescribed time limit, submit foreigners’ residence permits to public security organs under local people’s governments at or above the county level in the places of residence for examination.

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

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

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

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

 Section 2 Permanent Residence

 Article 49 Where foreigners fall under any of the following circumstances, the Ministry of Public Security shall decide to cancel 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 fraudulent acts;

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

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

Chapter V Border Inspection of Transport Vehicles Exiting/Entering China

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

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

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

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

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

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

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

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

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

 (3) Illegally reside or work in China; or

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

 Other overseas personnel who fall under any of the circumstances prescribed in the preceding paragraph may be repatriated in accordance with the law.

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

 Exit/entry documents which are forged, altered, obtained by fraudulent means or are declared void by issuing authorities shall be invalid.

 Public security organs may cancel or confiscate the exit/entry documents prescribed in the preceding paragraph or used fraudulently by persons other than the specified holders.

Chapter VII Legal Liabilities

 Entities engaging in any of the acts prescribed in the preceding paragraph shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan; and the persons in charge of the entities who are directly responsible and other persons directly responsible shall be punished in accordance with the provisions in the preceding paragraph.

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

 (2) Foreigners refuse to submit their residence permits for examination;

 (3) Persons concerned fail to go through the formalities for foreigners’ birth registration or death declaration in accordance with relevant regulations;

 (4) Foreigners fail to go through the formalities for altering registration in accordance with the relevant regulations when there is 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 formalities in accordance with the provisions in the second paragraph of Article 39 of this Law.

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

 Where guardians or other persons responsible for guardianship fail to perform the guardian obligation and result in foreigners below 16 years of age residing in China illegally, the said guardians or other obligated persons shall be given a warning and may also be fined not more than RMB 1,000 yuan.

 Article 79 Persons harboring or hiding foreigners who illegally enter or reside in China, or assisting such foreigners in evading inspection, or providing, in violation of the law, exit/entry documents for foreigners who illegally reside in China shall be fined not less than RMB 2,000 yuan but not more than RMB 10,000 yuan; where circumstances are serious, such persons shall be detained for not less than five days but not more than fifteen days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan, with the illegal gains confiscated if there are any.

 Entities engaging in any of the acts prescribed in the preceding paragraph shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated if there are any; and the persons in charge of the entities who are directly responsible and other persons directly responsible shall be punished in accordance with the provisions in the preceding paragraph.

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

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

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

 Article 81 Where foreigners engage in activities not corresponding to the purposes of stay or residence, or otherwise violate the laws or regulations of China, which makes them no longer eligible to stay or reside in China, they may be ordered to exit China within a time limit.

 Where a foreigner’s violation of this Law is serious but does not constitute a crime, the Ministry of Public Security may deport them. The penalty decision made by the Ministry of Public Security shall be final.

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

Chapter VIII Supplementary Provisions

 Article 89 Definitions of the following terms mentioned in this Law:

 Exit refers to leaving the Chinese mainland for other countries or regions, for the Hong Kong Special Administrative Region or the Macao Special Administrative Region, or for Taiwan Region.

 Entry refers to entering the Chinese mainland from other countries or regions, from the Hong Kong Special Administrative Region or the Macao Special Administrative Region, or from Taiwan Region.

 Foreigners refer to persons without Chinese nationality.