(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 I General Provisions
Chapter II Entry into the Country
Chapter III Residence
Chapter IV Travel
Chapter V Exit from the Country
Chapter VI Administrative Organs
Chapter VII Penalties
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated with a view to safeguarding the sovereignty
of the People's Republic of China, maintaining its security and public
order and facilitating international exchange. This Law is applicable
to aliens entering, leaving and transiting the territory of the People's
Republic of China and to those residing and traveling in China.
Article 2 Aliens must obtain the permission of the competent authorities
of the Chinese Government in order to enter, transit or reside in China.
Article 3 For entry, exit and transit, aliens must pass through ports
open to aliens or other designated ports and must be subject to inspection
by the frontier inspection offices. For entry, exit and transit, foreign-owned
means of transport must pass through ports open to aliens or other designated
ports and must be subject to inspection and supervision by the frontier
inspection offices.
Article 4 The Chinese Government shall protect the lawful rights and interests
of aliens on Chinese territory. Freedom of the person of aliens is inviolable.
No alien may be arrested except with the approval or by decision of a
people's procuratorate or by decision of a people's court, and arrest
must be made by a public security organ or state security organ.
Article 5 Aliens in China must abide by Chinese laws and may not endanger
the state security of China, harm public interests or disrupt public order.
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 III Residence
Article 13 For residence in China, aliens must possess identification
papers or residence certificates issued by the competent authorizes of
the Chinese Government.The term of validity of identification papers or
residence certificates shall be determined according to the purposes of
entry. Aliens residing in China shall submit their certificates to the
local public security organs for examination within the prescribed period
of time.
Article 14 Aliens who, in compliance with Chinese laws, find it necessary
to establish prolonged residence in China for the purpose of investing
in China or engaging in cooperative projects with Chinese enterprises
or institutions in the economic, scientific, technological and cultural
fields, or for other purposes, are eligible for prolonged or permanent
residence in China upon approval by the competent authorities of the Chinese
Government.
Article 15 Aliens who seek asylum for political reasons shall be permitted
to reside in China upon approval by the competent authorities of the Chinese
Government.
Article 16 Aliens who fail to abide by Chinese laws may have their period
of stay in China curtailed or their status of residence in China annulled
by the competent authorities of the Chinese Government.
Article 17 For a temporary overnight stay in China, aliens shall complete
registration procedures pursuant to the relevant provisions.
Article 18 Aliens holding residence certificates who wish to change their
place of residence in China must complete removal formalities pursuant
to the relevant provisions.
Article 19 Aliens who have not acquired residence certificates or who
are on a study programme in China may not seek employment in China without
permission of the competent authorities of the Chinese Government.
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; and(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; and(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 loca 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 surveiance 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.
Chapter VII Penalties
Article 29 If a person, in violation of the provisions of this Law, enters
or leaves China illegally, establishes illegal residence or makes an illegal
stopover in China, travels to places closed to aliens without a valid
travel document, forges or alters an entry or exit certificate, uses another
person's certificate as his own or transfers his certificate, he may be
penalized by a public security organ at or above the county level with
a warning, a fine or detention for not more than ten days. If the circumstances
of the case are serious enough to constitute a crime, criminal responsibility
shall be investigated in accordance with the law. If an alien subject
to a fine or detention by a public security organ refuses to accept the
penalty, he may, within 15 days of receiving notification, appeal to the
public security organ at the next higher level, which shall make the final
decision; he may also directly file suit in the local people's court.
Article 30 In cases where a person commits any of the acts stated in Article
29 of this Law, if the circumstances are serious, the Ministry of Public
Security may impose a penalty by ordering him to leave the country within
a certain time or may expel him from the country.
Chapter VIII Supplementary Provisions
Article 31 For the purposes of this Law the term "alien" means
any person not holding Chinese nationality according to the Nationality
Law of the People's Republic of China.
Article 32 Transitory entry into and exit from China by aliens who are
nationals of a country adjacent to China and who reside in areas bordering
on China shall be handled according to any relevant agreements between
the two countries or, in the absence of such agreements, according to
the relevant provisions of the Chinese Government.
Article 33 The Ministry of Public Security and the Ministry of Foreign
Affairs shall, pursuant to this Law, formulate rules for its implementation,
which shall go into effect after being submitted to and approved by the
State Council.
Article 34 Affairs concerning members of foreign diplomatic missions and
consular offices in the People's Republic of China and other aliens who
enjoy diplomatic privileges and immunities, after their entry into China,
shall be administered in accordance with the relevant provisions of the
State Council and its competent departments.
Article 35 This Law shall go into effect on February 1, 1986.
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