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GENERAL PROVISIONS
Article 1 - the present Law is enacted for the purpose of safeguarding the sovereignty and maintaining the security and public order of the People's Republic of China and facilitating international exchanges.
The present Law shall apply to aliens entering, leaving or passing through the territory of the Republic of China and to aliens residing or traveling in China .
Article 2 - Permission must be obtained from the competent authorities of the Chinese Government by aliens for their entry, subject to inspection at border check posts.
For entry, exit and transit, aliens' mean of transport shall pass through the ports open to aliens or other designated ports and shall be subject to inspection and supervision at border check posts .
Article 4 - The Chinese Government protects the legitimate rights and interests of aliens within Chinese territory.
The personal freedom of aliens shall be inviolable. Aliens shall not be liable to arrest unless a warrant or decision is made by a people's procurator or a decision is made by a people's court and such a warrant or decision is executed by a public security organ or state security organ.
Article5 Aliens in China shall abide by Chinese law and shall not endanger the national security of China, harm its public interests or disturb its public
order.
CHAPTER II - ENTRY.
Article 6 - For entry into China, aliens shall apply for visas to the Chinese diplomatic missions or consular posts or other agencies abroad authorized by the Ministry of Foreign Affairs of the P.R.C In specific situations and in compliance with the stipulations of the State Council, aliens may also apply for visas to visa offices at the ports designated by the competent authorities of the Chinese Government.
The entry of nationals of a country having visa agreement with the Chinese Government shall be dealt with in accordance with the said agreement.
In case where a country has special regulations regarding the entry and transit of Chinese citizens, the competent authorities of the Chinese Government may take corresponding measures contingent on the circumstances. Visas are not required for aliens in immediate transit on continued international flights, who stay not more than 24 hours within the airport in China. Permission may be obtained from the border check posts for aliens wishing to leave the airport temporarily.
Article 7 - In applying for visas, aliens shall present valid passports and, if necessary, provide pertinent certificates.
Article 8 - Aliens invited or employed to work in China shall, in applying for visas, produce letters of invitation or employment.
Article 9 - Aliens wishing to reside in China permanently shall, in applying for visas, present residence confirmation forms, which may be obtained upon application from the public security organs at the intended places of residence.
Article 10 - The competent authorities of the Chinese Government shall issue appropriate visas to aliens wishing to enter China in the light of each case of application
Article 11 - When an aircraft or a vessel operating international services arrives at a Chinese port, the captain or his agent must submit a passenger list to the border check post, and in the case of a foreign aircraft or vessel, must provide a list of crew members well.
Article12 - An alien considered a potential threat to China's national security and public order shall not be permitted to enter China.
CHAPTER III - RESIDENCE
Article 13 - Aliens residing in China shall possess identity cards or residence certificates issued by the competent authorities of the Chinese Government.
The term of validity of an identity card or residence certificate shall be decided in the light of each case of entry
Aliens residing in China shall submit certificates for examination to the local public security organs within the prescribed period of time
Article 14 - Aliens who, in compliance with Chinese law, wish Chinese law, wish to have long-term 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 may be granted the status of long term of permanent residence upon approval by the competent authorities of the Chinese Government
Article 15 - An alien who seeks asylum for political reasons shall be permitted to reside in China upon approval by the competent authorities of the Chinese Government.
Article 16 - In the case of an alien who fails to abide by Chinese law, his period of stay in China may by shortened or his status of residence in China annulled by the competent authorities the Chinese Government.
Article 17 - Aliens wishing to make temporary overnight stay in China shall complete registration procedures pursuant to the relevant stipulations.
Article 18 - Aliens holding residence certificates who wish to change places of residence in China shall complete removal formalities pursuant to the relevant stipulations.
Article 19 - Aliens who have no residence certificates or are on study program in China shall not be employed in China without permission of the competent authorities of the Chinese Government.
CHAPTER IV TRAVEL
Article20 Aliens who hold valid visas or residence certificates may travel to places declared open to aliens by the Chinese Government.
Article21 Aliens wishing to travel to places not open to aliens shall apply to the local public security organs for travel permits.
CHAPTER V EXIT
Article 22 - For exit from China, aliens shall present their valid passports or any other valid certificates.
Article 23 - Aliens shall not be allowed to leave China if they come under any of the following categories:
(1) a defendant in a criminal procedure or a criminal suspect listed by a public security organ or people's procurator or people's court
(2) a person under notice by people's court to be denied exit for an unsettled civil procedure.
(3) a person awaiting decision for any other violation of Chinese law, whose case, in the opinion of the competent authorities, calls for in investigation
Article 24 - Border check posts have the power to withhold exit of aliens coming under any of the following categories and to subject them to rules of the law:
(1)a holder of invalid exit certificate;
(2)a holder of an exit certificate other than his own;
(3)a holder of a forged or altered exit certificate.
CHAPTER VI ADMINISTRATIVE ORGANS
Article 25 - China's diplomatic missions and consular posts and other agencies abroad authorized by the Ministry of Foreign Affairs are the agencies of the Chinese Government abroad to handle alien's 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 offices are the agencies of the Chinese Government at home to handle aliens' applications for entry, transit, residence and travel.
Article 26 - The authorities handling aliens' applications for entry, transit, residence and travel have the power to decline issuing visas and certificates or to cancel or annul visas and certificates already issued.
The Ministry of Public Security and the Ministry of Foreign Affairs may, if necessary, alter decisions made by their respectively authorized organs.
Article 27 - An alien illegally entering or residing in China may be detained for investigation or subjected residence supervision or deportation by public security organs at and above county level.
Article 28 - Police in charge of aliens' affairs in the public security organs at and above county level have, in performing their duties, the power to examine aliens' passports and other certificates. When conducting such examinations, the said police shall produce their own service cards, and the organizations or individuals concerned are obliged to assist.
CHAPTER VII - PENALTIES
Article 29 - Whoever illegally enters, leaves, resides or stops over in China, or travels to places not open to aliens without valid travel permit or forges, alters, misuses or negotiates entry or exit certificate in contravention of the provisions of the present Law may be subjected to such penalties as warning, fine or detention for not more than ten days, by the public security organs at and above county level. Offenders whose violations are serious enough to constitute crimes shall be prosecuted in accordance with law .
If an alien being fined or detained by a public security organ refuses to accept a penalty, he may, within fifteen days of receiving notification, appeal to the nest higher public security organ, which shall make the final judgment, and/or may file a suit directly in a local people's court.
Article 30 - The Ministry of Public Security may order serious offenders as listed in Article29 of the preset Law to leave the country within a time limit or may expel them.
CHAPTER VIII - ANCILLARY PROVISIONS
Article 18 - The term alien used in this Law refers to any person not having Chinese nationality under 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 countries adjacent to China and reside in contiguous areas between the two countries shall be handled pursuant to agreements between the two countries; in absence of such agreement, transitory entry and exit shall be handled in accordance with the relevant stipulations of the Chinese Government.
Article 33 - Rules for implementation of the present Law shall be formulated according to the Law by the Ministry of Public Security and the Ministry of Foreign Affairs and shall come into force upon approval by the State Council.
Article 34 - Matters concerning the members of foreign diplomatic missions and consular post s in the People's Republic of China and other aliens who enjoy privileges and immunities, after their entry into China, shall be dealt with in accordance with the relevant stipulations of the State Council and its competent authorities.
Article35 - This Law shall come into force as from 1February 1986.
RULES GOVERNING THE IMPLEMENTATION OF THE LAW OF
THE PEOPLE'S
REPUBLIC OF CHINA ON THE ENTRY AND EXIT OF ALIENS
CHAPTER I - ENTRY
Article 1 - For entry to China, aliens shall apply for visas to Chinese diplomatic missions, consular posts or other foreign-based agencies authorized by the Ministry of Foreign Affairs of the People's Republic of China.
Article holding letters or telegrams from authorized organizations in China and ordinary passports issued by countries that have diplomatic relations or official trade contacts with China may apply for visas to port visa agencies authorized by the Ministry of Public Security in case of an urgent need to travel to China and a lack of time to apply for visas to the above-mentioned Chinese agencies abroad, for the following reasons.
1)Being invited at short notice by the Chinese side to attend a trade fair in China;
2)Being invited to China to enter a bid or to formally sign an economic or trade contract
3)Coming to China under contract for supervision over export shipment, import commodity inspection or check on the completion of a contract.
4)Being invited to install equipment or make rush repairs;
5)Coming to China at the request of the Chinese side for settling claims;
6)Being invited to China for scientific or technological consulting services;
7)A last-minute replacement or addition, approved by the Chinese side, to a delegation or group that has been invited and has already obtained visas for traveling to China
8)For visiting a patient in a critical condition or making funeral arrangements;
9)As persons in immediate transit who, because of force majeure, are unable to leave China by the original aircraft within 24 hours or have to leave China by other means of transports;
10)As other invitees who really do not have enough time to apply for visas to the above-mentioned Chinese agencies abroad but hold letters or telegrams from designated competent authorities approving the application for visas at port visa agencies.
Port visa agencies shall not handle visa applications of aliens who not come under the above-listed categories.
Article 2 - Port visa agencies authorized by the Ministry of Public Security are set up at the following ports:
Beijing,Shanghai,Tianjin,Dalian,Fuzhou,Xinamen,Xi'an,Guilin,Hangzhou, Kunming,Guangzhou (Baiyun Airport), shenzhen(Luohu,Shekou)and Zhuhai (Gong bei)
Article 3 In accordance with their starts and the types of passports they hold, different aliens coming to China shall be issued diplomatic, courtesy, service or ordinary visas respectively.
Article4 Ordinary visas shall be marked with different Chinese phonetic letters and issued to different aliens according to their stated purposes of visit to China:
1)Visa D to aliens who are to reside permanently in China;
2)Visa Z to aliens who come to China to take up posts or employment and to their accompanying family members.
3)Visa X to aliens who come to China for study, advanced studies or job-training for a period of six months or more;
4)Visa F to aliens who are invited China on a visit or on a study, lecture or business tour, for scientific technological or cultural exchanges, for short-term refresher course or for job-training, for a period not more than six months;
5)Visa L to aliens who come to China for sightseeing ,visiting relatives or other private purposes (A group visa may be issued to a group of nine or more aliens on a sight-seeing trip to China);
6)Visa G to aliens passing through China;
7)Visa C to train attendants, air crew members and seamen operating international services , and to their accompanying family members;
8)Visa J-1 to resident foreign correspondents in China; visa J-2 to foreign correspondents who make short trip to China on reporting tasks.
Article 5 In applying for visas, aliens shall provide such pertinent information as requested and complete the following procedures;
1)Visa D to aliens who are to reside permanently in China;
2)Visa Z to aliens who come to China to take up posts or employment and to their accompanying family members;
3)Visa X to aliens who come to China for study, advanced studies or job-training for a period of six months or more;
4)Visa F to aliens who are invited to China on a visit or on a study, lecture or business tour, for scientific technological or cultural exchanges, for short-term refresher course or for job-training, for a period not more than six months;
5)Visa L to aliens who come to China for sightseeing ,visiting relatives or other private purposes (A group visa may be issued to a group of nine or more aliens on a sight- seeing trip to China );
6)Visa G to aliens passing through China;
7)Visa C to train attendants, air crew members and seamen operating international services, and to their accompanying family members;
8)Visa J-1 to resident foreign correspondents in China; visa J-2 to foreign correspondents who make short trip to China on reporting tasks.
Article 5 In applying for visas, aliens shall provide such pertinent information as requested complete the following procedures:
1)Present valid passports or replacement certificates;
2)Fill in visa application forms and submit recently taken two-inch half-length, bareheaded and full faced photos;
3)Submit for examination papers supporting the application for entry into or transit through China.
Article6 The supporting papers mentioned in Article5(3)of these rules refer to the following:
1)In application for Visa D .a permanent residence confirmation form, which may be obtained through application by the applicant or by his/her designated relatives in China from the exit-and-entry department of the municipal or county public security bureau ay the place of the applicant's intended residence;
2)In application for Visa Z ,a latter of appointment or employment from the sponsor employer organization in China or a letter or telegram from an authorized organization;
3)In application for Visa X a certificate from the receiving organization or the competent department.
4)In application for Visa F, a letter or telegram from the authorized organization.
5)In application for Visa L a tourist trip in China , a certificate of reception from a Chinese travel service; and , when necessary, plane, train or ship tick(s) to country (region) after leaving China .
7)In application for Visa G, a valid visa for entering the country (region) of destination, or connecting tickets in case such a visa is exempt;
8)In application for Visa J-1 and J-2 ,a certificate from the competent department.
Aliens who come to China for permanent residence or for residence of one year and upwards shall, in applying for entry visas, submit for examination health certificates issued by health or medical institutions
Designated by the governments of the countries of their current residence or those issued by health or medical institutions and certified by notarial organs. Health certificates are valid for six months from the date of issuance.
Article7 Aliens coming under the following categories shall not be allowed to enter China:
1)An alien expelled by the Chinese Government and before the expiry of the period when his/her reentry is prohibited
2)An alien considered likely to engage in terrorism, violence or subversion upon entering China;
3)An alien considered likely to engage in smuggling , drug trafficking or prostitution upon entering China.
4)An alien suffering from mental disorder, leprosy, AIDS, venereal diseases, contagious tuberculosis or other infectious diseases;
5)An alien who cannot guarantee to cover his/her own expenses during his/her stay in China;
6)An alien considered likely to engage in other activities prejudicial to China's national security and interests.
Article8 Transit visas are not required for those aliens who are in immediate transit through China on continued international flights, who hold connecting flight tickets and have seats booked and who stay for not more than 24 hours within the airport of the intransit city. Aliens wishing to leave the airport shall apply to the border checkposts for stop-over permits.
Article9 When vessels operating international service anchor at Chinese ports, foreign crew member and their accompanying family members wishing to disembark at the port city shall apply to border checkposts for disembarkation permits, or lodging permits if they desire to stay overnight on land. Those who, for proper reasons, need to travel to areas beyond the port city or proper reasons, need to travel to areas beyond the port city or who cannot leave China on the original vessel shall apply to the local public security bureau for appropriate visas.
CHAPTER II INSPECTION OF ENTRY AND EXIT CERTIFICATES
Article10 Upon arrival at a Chinese port, aliens shall submit their valid passports, Chinese visas and certificates to border checkposts for examination and shall fill entry and exit forms. They may enter China
after the border checkposts complete inspection and affix inspection seals.
Article11 When a foreign aircraft or vessel arrives at a Chinese port, the person in charge shall fulfill the following obligations:
1) The captain or his/her agent must submit lists of the crew members and passengers to the border chckposts
2)Report, immediately upon discovery, cases of person in charge shall fulfill the following obligations.
3)See to it that persons not permitted to enter China leave on the original means of transport and that the expenses during the stay in China of persons who cannot promptly leave the country through force majeure are covered along with their travel expenses for departure.
Article12 The border checkposts have the right to prevent the entry or exit aliens coming under the following categories:
1) Those who do not hold valid passports, certificates or visas;
2)Those who hold forged, altered or other than their own passports or certificates
3)Those who refuse to have their certificates examined .
4)Those who are under notice by the Ministry of Public Security or the Ministry of State Security forbidding their entry or exit.
Article 13 For exit, aliens shall submit for exanimation their valid passports or other valid certificates as well as visas or residence certificates permitting their stay in China .
Article 14 Aliens and their means of transport required by the visa agencies to pass through designated ports shall only enter or depart through the said ports.
Article15 With regard to the aliens denied entry under Article 12 of the present Rules who cannot return promptly on the original means of transport, border checkpossts may take the necessary measures to limit the area of their activities and order them to leave China on the next available means of transport.
CHAPTER III RESIDENCE
Article 16 Aliens holding visas D, Z ,X or J-1shall, within 30 days of entry into China , obtain aliens' residence cards or aliens' temporary residence cards from the city or county public security bureau at the place of their residence. The period of validity of the aforementioned certificates is the duration of the holders' permitted stay in China .
Aliens' residence cards are issued to those who stay in China for one year or more.
Aliens' temporary residence cards are issued to those who stay less than one year in China .
Aliens holding visas F, L, G, C or J-2 may stay in China for the period prescribed in their visas without obtaining residence certificates.
Article 17 In applying for residence certificates, aliens shall provide such information as requested and complete the following procedures:
1)Submit for examination their passports, visas and papers supporting their purposes of residence.
2)Fill in residence application forms;
3)In applying for aliens' residence cards, submit for examination health certificates and recently-taken two-inch half-length, bareheaded, full-faced photos.
Article18 The validity period of aliens' residence cards, which ranges from one to five years, shall be decided by the city or county public security bureau according to the alien's purposes of residence.
The public security organs may issue certificates of long-term residence status valid for one to five years to aliens who come under the provision of Article 14 of the Law on the Entry and Exit of Aliens and may issue certificates of permanent residence status to those with meritorious performance.
Article19 Aliens exempt from visas under agreements signed between the Chinese and foreign Governments shall, in case they wish to stay in China for 30 days and upwards, apply upon entry into China for residence certificates in accordance with Article 16 and 17 of the present Rules.
The previous paragraph, however, is not applicable to aliens referred to in Article 34 of the Law on the Entry and Exit of Aliens.
Article20 Aliens who need to prolong their stay or residence in China beyond the expiration of their visas or residence in China beyond the expiration of their visas or residence certificates shall apply for an extension before the expiration of their visas of certificates.
Chinese authorities in charge of public health, when discovering aliens,
during their stay in China, to be afflicted with diseases specified in sub-paragraph 4 of Article 7 of the present Rules may request the public security organs concerned to order them to advance their date of exit from China.
Article21 Incase of any changes in the information written in an alien's residence card (such as name, nationality, occupation, status, place of work, address, passport number and accompanying children), the holder of the card shall, within 10 days, register such changes with the public security bureau at the place of his/her residence
Auticle22 The holder of an alien's residence card who wishes to move out of city or country of residence shall, before moving, register the move with the public security bureau at the original place of residence and shall, within 10 days arrival at the new place of residence, register the move-in with the public security bureau at the new place of residence.
An alien residing permanently in China who wishes to apply for a change of residence shall apply in advance to the public security bureau at the new place of residence for a certificate permitting. The move-in and register the move on the strength of the certificate in accordance with the provisions of the previous paragraph.
Article23 For the sake of national security, public order or other public interests, a city or county public security bureau may declare certain areas out of bounds for the establishment of residences or offices by aliens or foreign institutions. Residences and offices that have already been established in these restricted areas shall be moved to non-restricted areas within the time limit prescribed in the notice of moving issued by the city or county public security bureau.
Article 24 Aliens residing permanently in China shall, once every year and at a prescribed time, submit their residence cards for examination to the public security bureau at their place of residence.
The public security bureau may, when necessary, ask an alien to submit his/her residence card to the exit and entry department for examination and the alien shall do so at the time prescribed in the notice.
Article25 Aliens at the age of 16 and upwards who reside or stay in China shall carry with them their residence certificates or passports for possible examination by police in charge of foreign affairs,
Article26 The parents of an alien infant born in China or their agent shall, within one month after its birth, report to the local public security bureau with the birth certificate and complete registration procedures.
Article27 When an alien dies in China, his/her family members or guardian or agent shall, within 3 days, report to the local public security bureau with the death certificate and hand in the deceased's residence certificate or visa for cancellation.
In case of an unnatural death of an alien, the persons concerned or the discoverer shall promptly report to the public security organ.
Article28 The competent authorities or the Chinese Government referred to in Article 19 of the Law on the Entry and Exit of Aliens are the Ministry of Labour of the People's Republic China.
CHAPTERIV ACCOMMODATION REGISTRATION
Article29 For lodging at guesthouse, hotel, inn, hostel, school or other enterprises and institutions or at government organs or other Chinese organizations, aliens shall present valid passports or residence certificates and fill in registration forms of temporary accommodation. They shall present travel permits when seeking accommodation in areas closed to aliens.
Article30 When an alien wishes to lodge at the home of a Chinese resident in urban areas, the host or the lodger shall, within24 hour of the lodger's arrival, report to the local public security organ with the lodger's passport and certificate as well as the host's residence booklet and fill in registration forms of temporary accommodation. In rural areas,
the host or lodger shall report to the local police station or residence registration office within 72 hours of the lodger's arrival.
Article31 When an alien lodges at a foreign institution in China or at the
home of an alien in China, the institution in question or the host or the lodger shall, within 24 hours of the lodger's arrival, report to the local public security organ with the lodger's passport or residence certificate and fill in regisration forms of temporary accommodation.
Article32 Aliens having long-term residence shall report and register accommodation in accordance with the provisions of Articles 29,30 and 31 of the present Rules.
Article33 Aliens who lodge temporarily in movable living facilities shall, within 24 hours of arrival, report to the local public security organ. The institutions or individuals that furnish sites for the aliens' movable living facilities shall report to the local public security organ 24 hours ahead of time.
CHAPTER V TRAVEL
Article34 An alien wishing to travel to cities counties closes to aliens shall apply in advance for a travel permit to the public security bureau of the city or county where he/she stays and may proceed there only with permission. To apply for a travel permit, the following procedures must be completed:
1)Submit passport or residence certificate for purposes of travel
2)Provide papers supporting the purposes of travel.
3)Fill a travel application form.
Article35 An alien's travel permit shall be valid for one year at the most ,and may not exceed the period of validity of his/her visa or residence certificate.
Article36 An alien who, after obtaining a travel permit, wishes to extend its validity, tour more places closed to aliens or increase the number of accompanying persons shall apply to the public security bureau for extension or alteration.
Article37 Aliens shall not enter places closed to aliens without permission.
CHAPTER VI EXIT
Article 38 Aliens shall leave China within the time limit prescribed in the visas or within the period of validity of their residence certificates.
CHAPTER VI EXIT
Article38 Aliens shall leave China within the time limit prescribed in the visas or within the period of validity of their residence certificates.
Article39 The holder of an alien's residence certificate who wishes to leave and then re-enter China within the period of validity of the said certificate shall, before leaving China, apply to the local public security organ for a re-entry visa in accordance with the relevant provisions of Articles 5 and 6 of the present Rules.
An alien holding a residence certificate who does not wish to return to China after exit shall hand in his/her residence certificate for cancellation to the border chechpost upon exit
CHAPTER VII PENALTIES
Article 40 aliens who illegally enter or exit China may be fined from 1000 to 1000yuan (RMB) or detained from3 to 10 days and may simultaneously be ordered to leave the country within a specified time or expelled from the country. Those whose offences are serious enough to constitute a crime shall be prosecuted for criminal responsibility according to law.
Article 41 A person in charge of a means of transport or his/her agent who refuses to bear responsibility in contravention of the provisions of
Article 11 of the present Rules may be fined from 1000to 1000yuan or
detained from 3 to 10 days
Article42 Aliens who illegally stay in China in contravention of the provisions of Article 16,19 and 20 of the present Rules may be served a warning, fined 500yuan per day for the period of his/her illegal stay in China with the total sum of fine not exceeding 5000yuan, or detained from 3 to 10 days. Those whose offences are serious may at the same time be ordered to leave the country within a specified time.
Aliens who violate Articles 21 and 22 of the present Rules may be served a warning or fined up to 500yuan, Those whose offences are serious may at the same time be ordered to leave the country within a specified time.
Aliens who violate Article 23 of the present Rules and fail to carry out the decision of the public security organs may, while being compelled to carry out the decision, be served a warning or fined from 1000to 10000yuan. Those whose offences are serious shall be ordered to leave the country within a specified time.
Article43 Aliens who, in contravention of the provisions of Article 24 and 25 of the present Rules, fail to submit their residence certificates for examination as required or to carry their residence certificates for examination as required or to carry their passports or residence certificates with them or refuse to produce their certificates to police for examination may be served a warning or fined up to 500yuan, and those
whose offences are serious may at the same time be ordered to leave the country within a specified time.
Article44 Aliens who found employment without permission from the Ministry of Labour of the People's Republic Of China or its authorized department shall have their posts or employment terminated and may at the same time be fined up to 100yuan, and those whose offences are serious may at the same time be ordered leave the country within a specified time.
Article45 Whoever is held responsible for failing to register accommodation or report such registration to the public security organ, or for accommodation aliens without valid certificates in contravention of the provisions of Chapter IV of the present Rules may be served a warning or fined from 50 to 500yuan.
Article46 Aliens who travel to areas closed to aliens without prior permission in contravention of the provisions of Articles34, 36and 37 of the present Rules may be served a warning or fined up to 500yuan, and those whose offences are serious may at the same time be ordered to leave the country within a specified time.
Article47 who forge, alter, misuse, transfer, buy or sell visas or certificates shall have the said visas, certificates and illicit income revoked or confiscated and may be fined from 1000 to 10000yuan or detained from 3 to 10days, and may at the same time be ordered to leave the country within a specified time, and those whose offences are serious enough to constitute a crime shall be prosecuted for their criminal responsibility according to law.
Article 49 Penalties such as fines and detention provided for in this Chapter shall also apply to persons held responsible for assisting aliens to enter or leave China illegally, or causing aliens to reside or stay illegally in China, or employing aliens who seek jobs without permission, or providing facilities for aliens to travel without valid travel permits to areas closed to aliens.
Article50 If an alien being fined or detain ed by a public security organ refuses to accept such penalty, he/she may, within 15days of receiving notification, appeal to the original adjudication organ or directly to the next higher public security organ, which shall make the final judgment within 15 days of receiving the appeal. The person being penalized may also file a suit directly with a local people's court.
Article51 The penalties provided for in this Chapter shall be executed by public security organs.
CHAPTER VII OTHER PROVISIONS
Article52 Aliens who wish to apply for extension or alteration of visas
or certificates shall complete the following procedures:
1)Submit their passports, visas and certificates for examination;
2)Fill in application supporting reasons for extension or alteration;
3)Provide papers supporting reasons for extension or alteration.
Article53 Aliens applying for visas and certificates or for their extension or alteration shall pay visa and certificate fees according to the prescribed rates.
The rates of visa and certificate fees shall be prescribed by the Ministry of Public Security and the Ministry of Foreign Affairs.
Persons from countries that have agreements on visa fees with the Chinese Government shall act in accordance with the pertinent agreement.
Article54 An alien child under the age of 16 who uses the same passport with his/her parent or guardian need not, while visiting China with his/her parent or guardian, go through the entry, transit, residence or travel procedures separately.
Article55 An alien whose Chinese visa or certificate is lost or damaged shall promptly report to the exit and entry department under the local public report to entry department under the local public security bureau and apply for a new one or a replacement, An alien who has lost his/her residence card shall declare the lost card invalid in an official newspaper.
Article56 The format of the various visas, certificates and application forms referred to in the present Rules shall be decided upon by the Ministry of Public Security and the Ministry of Foreign affairs.
Article57 The present Rules shall be implemented from the date of their promulgation.
RULES ON APPROVING QUALIFICATION OF HOST INSTITUTIONS TO EMPLOY FOREIGN CULTURAL AND EDUCATIONAL EXPERTS
Article1 For the purposes of promoting the healthy employment of foreign cultural and educational experts (hereinafter referred to foreign experts ), strengthening administration and exercising macro-control effectively, and further enhancing the benefits in employing foreign experts, these rules are formulated in accordance with Provisional Measures on Cultural and Educational Foreign Experts Affairs promulgated by Cultural and Educational Foreign Experts Affairs promulgated by State Council(S C270,1980)and pertinent administrative rules and regulations concerning foreign nationals.
Article2 All the host institutions employing foreign experts shall be governed by these rules, Host institutions herein include those who employ foreign experts and those domestic organizations recommending foreign experts in batches, Foreign experts here refer to the foreign staff in China employed in such departments as education, publicity, publishing, culture, arts, healthcare, sports, etc.
Article3 State Administration of Foreign Experts Affairs is the administrative department in charge of the approval of qualification of host institutions employing foreign experts. Foreign affairs departments and educational departments in provinces, autonomous regions or municipalities directly under central government, and departments in charge of employing foreign experts in ministries, commissions and other administrations directly under central government, are entrusted by State Administration of Foreign Experts Affairs with the approval of qualification for employing foreign experts. When carrying out qualification approval work, departments in charge should consult with local public security organs.
Article4 All host institutions employing foreign experts must hold the approved Qualification Certificate for Employing Foreign Experts, which is printed, issued, examined and approved by State Administration of Foreign Experts Affairs. Related administrative departments shall proceed with relevant procedures on the basis of the Certificate and administer according to the registered categories and
projects. For institutions with out the Certificate, foreign affairs departments shall not issue invitation letters for the experts, public security organs shall not issue residence permit, and State
Administration of Foreign Experts Affairs shall not approve their plan to employ foreign experts.
Article5 All institutions planning to employ foreign experts may apply for the qualification certificate, Department in charge shall make the decision based on the institution's implementation of rules and regulations issued by State Administration of Foreign Experts Affairs and other related rules and regulations, which basically includes:
1)Structure of administrative organizations, and political awareness and professional ability of the staff in functional departments;
2)Formulation and implementation of related related rules and regulations.
3)working condition, living facilities, reception capacity, and security;
4)Experts affairs funds and matching funding;
5)Integration of the project with the profession and the national development plan;
6)Employment channels, quantity and quality of the experts candidates and structure of their majors and distributions.
Article6 Those institutions which have already employed foreign experts should go through the make-up procedure to apply for qualification, When approving the application, besides those in article five, the following shall be examined:
1)Execution of the annual plan of employing foreign experts ;
2)Implementation of rules and regulations concerning salary, contract, teaching management, logistic service, social administration, etc;
3)Benefits from the employment;
4)Submission of required files and materials.aa
Article7 All in institutions holding the Qualification Certificate for Employing Foreign Experts should go through annual examination and registration carried out by State Administration of Foreign Experts Affairs and other related administrative departments, and should conduct the foreign experts work in strict accordance with the categories and projects approved .
Article8 For those host institutions whose administration is ineffective, benefits from employing foreign experts are poor, and are frequently problematic, appropriate punishment shall be imposed, or even qualification certificate be revoked according to the results of the annual examination. Those with excellent administration and remarkable benefits shall be rewarded accordingly.
Article9 State Administration of Foreign Experts Affairs shall be responsible for the explanation and interpretation of these rules.
APPLICATION FOR FOR THE QUALIFICATION CERTIFICATE OF THE HOST INSTITUTIONS FOR FOREIGN CULTURAL AND EDUCATIONAL EXPERTS
Notice for the filling of the form:
1)This form is the fundamental document for the host institutions of foreign cultural and educational experts to apply for the qualification. The applicant shall fill in it according to the facts.
2)The institution that applies for the qualification certificate for foreign cultural and educational experts should, besides filling in this form, add the basic information on its working, management and security regulations and system concerning foreign experts and the background materials on the channels of employing foreign experts.
3)The qualification certificate of local host institutions shall be in the charge of foreign affairs offices of provinces, autonomous regions and municipalities directly under the central government, Foreign affairs offices will work with local provincial (autonomous region or municipal) education committee (bureau) to examine schools and educational organiztions, and work with the authority of the industry to examine non-educational institutions, on the spot together with the public security department(bureau), and compile the qualification confirmation to report to State Administration of Foreign Experts Affairs for approval.
4)As for the institutions outside Beijing but affiliated to the ministries and commissions organs directly under the central government, the department for foreign cultural and educational experts of the ministries and commissions or organs directly under the central government will, in accord with the principal of territorial administration, entrust by letter the foreign affairs office of the province the autonomous region or the municipality directly under the central government where the host institutions are located, together with the local authority of the industry and the public security organ for the on-the-spot examination and compile the qualification confirmation to report to State Administration of Foreign Experts Affair for approval.
5)As for the institutions in Beijing that affiliated to the ministries and commissions or organs directly under the central government, the administration department for foreign cultural and educational experts affairs of the higher-level authority will submit the examination results to State Administration of Foreign Experts Affairs and Beijing Public Security Bureau for on-the-spot examination and the approval will be given by the State Administration of Foreign Experts Affairs.
INTERIN REGULATIONS ON ANNUAL EXAMINATION AND REGISTRATION EXAMINATION AND REGISTRATION OF HOST
INSTITUTIONS FOR FOREIGN CULTURAL AND EDUCATIONAL EXPERTS
1 The responsibility of State Administration of Foreign Expert Affairs.
1) Every September, it shall issue a notification nationwide on the annual examination of the institutions employing foreign cultural and educational experts. It also shall dispatch representatives to take part in and direct the annual examination held in corresponding provinces, autonomous regions and municipalities directly under the central
government
2)It shall collect the statistics of annual examination from various places, examine and approve the outcome of annual examination submitted by the local authorities. In December of the same year, it shall publish the name list of registered institutions and summarize
the experiences and problems of various local authorities.
11 Responsibility of the responsible departments of ministries and commissions under the State Council
The departments in charge of foreign cultural and educational experts affairs of various ministries and commissions under the State Council shall report their initial opinions on the annual examination of their affiliated host institutions to the State Administration of Foreign Experts Affairs in advance with a copy presented to related provincial level departments responsible for foreign affairs and business.
111 Joint responsibility of the provincial administrative departments.
1)The provincial foreign affairs office shall organize the annual examination together with departments in charge and public security department of entry and exit administration, based on the local conditions in accord with the spirit of the notification on annual examination issued by State Administration of Foreign Experts affairs.
2) They shall jointly discuss and decide the affairs such as examination exemption, registration, award and punishment, But the punishment of the local host, institutions affiliated to, the central departments shall be approved by the State Administration of Foreign Experts Affairs and the higher departments in charge.
IV Responsibility of the provincial foreign affairs office.
It shall complete the local annual examination in every November. Before 30th, submit the floppy disks containing statistic data of
annual examination collected by the local responsible departments, along with a
list of proposed host institutions that shall or shall not pass the examination, and that shall be awarded or punished in the region to the State Administration of Foreign Experts Affairs for the examination and approval.
2)They shall fill in the qualification certificate of host institutions for foreign cultural and educational experts according the outcome of the annual examination approved by State Administration of Foreign Experts affairs, affix the seal of provincial foreign affairs office on the annual registration column, and then submit them to the relevant departments. The valid time of the certificate shall commence on January 1stof the following year.
V Responsibility of provincial responsible departments.
1)They shall collect the qualification certificates of host institutions of foreign cultural and educational experts in the profession, examine the report of self-examination submitted by each host institution, propose a list of host institutions to be exempted from examination or be the emphasis of examination according to their annual performance, and then submit the annual statistic data and initial opinions to the provincial foreign affairs office.
2)They shall return the valid qualification certificates of host institutions of foreign cultural and educational experts to the corresponding institutions after the annual examination. Meanwhile, they shall give corrective opinion in written to those institutions that fail to pass the annual examination and require them to rectify within a definite period.
VI Obligations of the host institutions
1) Every insitution shall participate in the annual examination and will be registered after passing the examination. Absence from the examination will be regarded as automatic abandonment of qualification.
2)They shall submit the documents for annual examination in floppy disk with the limited time as required by the provincial responsible departments. The local institutions affiliated to the central government shall deliver the documents to central responsible departments at the same time.
3)They shall take count measures to the mistakes and defects in annual examination, and shall report them to the responsible department in written form
ADMINISTRATIVE MEASURES ON THE INTERMEDIARY AFFAIRS OF OVERSEAS ORGANIZATIONS INTRODUCING FOREIGN CULTURAL AND EDUCATIONAL EXPERTS CHAPTER I GENERAL PROVISIONS
Articl1 These measures are formulated with the purpose of regulating the activities of the foreign intermediaries introducing foreign cultural and educational and educational experts, in accordance with such regulations as the Provisional Measures on the Administration of the Overseas Organizations and Domestic Intermediaries Introducing Foreign Cultural and Educational Experts to Work in China issued by the State Administration of Foreign Experts Affairs in June 1993 and the Provisional Administrative. Measures on Intermediaries Introducing Foreign Professional Personnel to Work in China issued in October 1995
Article2 These measures apply to the overseas organizations introducing foreign cultural and educational experts to work in China (Thereafter referred to as overseas organizations).
The term overseas organizations refers to overseas non-governmental organizations, social groups and corporations.
The term foreign cultural and educational experts refers to foreign professional who is engaged in such areas as education, scientific research, press, publishing, culture, arts, healthcare and sports in China.
CHAPTER II REGISTRATION
Article 3 Any foreign organization that attempts to appoint cultural and educational experts to China must apply to the provincial foreign affairs office in a province (autonomy or municipality directly under the central government)for the handling of temporary registration are:
1)A corporate body;
2)Not a religious communion;
3)Possessing the ability of introducing cultural and educational experts
Article 5 The following documents shall be submitted when applying for temporary registration:
1)Filled Temporary Registration Form for Foreign Organizations that Appoint Foreign Cultural and Educational Experts.
2)Background materials of the foreign organization, including the basic information, the business scale, resume of the principal and the working and correspondence address.
Article6 After receiving the application for temporary registration, the foreign affairs office of the provincial level shall submit it to the State Administration of Foreign Experts Affairs for review and approval. Where the temporary registration is approved, the foreign affairs office the provincial level shall grant the Temporary Registration Certificate and issue the Confirmation Letter or For
eign Expert and the invitation letter(or telegram) to the expert appointed by the organization. While, in case the foreign organization is not registered or not granted for the temporary registration, the procedures for the appointed expert's entering China shall not be handled.
Article 7 Conditions for application for formal registration include:1)Two years after the temporary registration, a formal registration application may be submitted to the foreign affairs office of the provincial level .After the preliminary examination, the foreign affairs office of the provincial level shall submit the application together with a evaluation report to the State Administration of Foreign Experts Affairs for review and approval.
2) In accordance with the conditions stipulated in Article 4 of this Measures.
Article 8 The documents mentioned below shall be submitted in course of application for formal registration:
1) Filled Temporary Registration Foreign Organizations that Appoint Foreign Cultural and Educational Experts.
2) Capital credit certificate (copy) issued by financial institutions.
3) Opening of business document (copy) issued by related authority of its country or district.
4) Comprehensive report on the business development within the two years, including such information as the quantity, the quality, the compliance with laws and disciplines and the cooperation of the appointed experts.
Article 9 State Administration of Foreign Experts Affairs shall commonly reply to the application within 60 days after receipt. Where the registration is approved, the Registration Certificate of Foreign Organization Engaging in Introducing Foreign Expert to Work in China shall be issued.
Article 10 In case the foreign organization intends to set up permanent office in China, the application shall be submitted to State Administration of Foreign Experts After being examined by the State Administration of Foreign Experts Affairs, it shall be submitted to Ministry of Civil Administration for approval.
Appointment of coordinator and part-time coordinator shall be reported to the State Administration of Foreign Experts Affairs.
CHAPTER111RESPONSIBILITIES
Article 11 Both temporarily registered and formally registered foreign organizations shall develop their agent activities in the area stipulated in the Registration Certificate of Foreign Organization Engaging in Introducing Foreign Expert to Work in China. Activities exceeding the stipulated area shall be reported to the State Administration of Foreign Experts Affairs for approval.
Article 12 Foreign organizations may appoint the foreign expert through Chinese agencies that possess the Qualification Certificate of Domestic Agencies issued by the State Administration of Foreign Experts Affairs. Alternatively, they may directly appoint the expert to the institutions for Foreign Cultural and Educational Experts and notify the list of appointed experts and the host institutions to the foreign affairs office of the provincial level and the competent authority of the industry in favor of the handling of the related procedures for the experts entering China.
Article 13The foreign organizations shall train the appointed experts before they take their offices. The training program shall include such contents as the situation, culture, law, custom and related business of China.
Article 14 The expert appointed by foreign organizations shall enter into the standard employment contract uniformly made by the State Administration of Foreign Experts Affairs with host I nstitutions and definitely stipulate such issues as working assignment, salary and living treatment in the attachment of the contract.
Article 15 The expert appointed is obliged to performing the duty under the contract signed with the host institutions and is subject to the operational direction, supervision and evaluation of the host institutions.
Article 16 The expert appointed shall make sure that he himself is in good health and his age is generally below 70. Where the age is more than 60. he shall be provided with international medical insurance.
Article 17 Where the expert can not perform the contract for health reason or is not fit for working in China for other reasons, the foreign organization is liable for repatriating him and appointing another expert to succeed.
CHAPTERIV ANNUAL REVIEW AND EVALUATION
Article 18 The foreign affairs office of the provincial level, the authority of the industry and the public security organ are the local supervising and administrative department of the foreign organizations. The foreign affairs office of the provincial level shall organize related authority and host institution to evaluate the business of the foreign organizations every year in regulatory period. The result of evaluation shall be reported to the State Administration of Foreign Experts Affairs.
Article 19 Foreign organization that holds the Certificate of Temporary Registration and has passed the annual review shall be allowed to continue its business in China. While, those who did not pass the annual review shall be deprived of the Certificate of Temporary Registration by the foreign affairs of the provincial level and be prohibited to carry on business in China until reapplication after two years. Foreign organization that holds the Registration Certificate and has passed the annual review shall be allowed to continue its business in China. While those who failed to pass the annual review shall be subject to corresponding penalty by the State Administration of Foreign Experts in accord with Article 22 of this Measures.
Article 20 The foreign organization shall submit the annual working summary report and Registration Certificate to the State Administration of Foreign Experts Affairs before the end of November every year. The summary report shall cover such matters as the training method, content, number and list of the experts appointed, their host institutions and the opinions and suggestions on the administration of foreign experts.
CHAPTERV ENCOURAGEMENT AND PUNISHMENT
Article 21 State Administration of Foreign Experts Affairs will grant spoken and written praise to the foreign organizations according to their contributions to China.
Article 22 Where the foreign organization violates relevant articles mentioned above, the State Administration of Foreign Experts Affairs shall impose such punishments as warning, suspension of registration and even cancellation of qualification according to the circumstances.
SUPPLEMENTARY PROVISIONS
Article 23 The interpretation of the Measures shall be subject to the State Administration of Foreign Experts Affairs.
Article 24 This Measures shall enter into force as of the date of promulgation. |
