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Administrative Regulations of China on Exit & Entry of Expats

Sophie Mao LegalTips 2020-01-24


Administrative Regulations of the People’s Republic of China on Embarkation and Disembarkation of Foreigners 


Chapter 1 General Principles


Article 1   These Regulations are formulated pursuant to the Law of the People's Republic of China on Disembarkation and Embarkation (hereinafter referred to as the "Disembarkation and Embarkation Law") for the purposes of standardising issuance of visas and services and administration of foreigners visiting and residing in China.


Article 2   The State establishes a coordination mechanism for services and administration of embarkation and disembarkation of foreigners, and strengthens planning, coordination and cooperation of services and administration of embarkation and disembarkation of foreigners.


People's Governments of provinces, autonomous regions and centrally-administered municipalities may establish their coordination mechanism for services and administration of embarkation and disembarkation of foreigners based on the needs, strengthen information exchange, coordination and cooperation, ensure proper services and administration of services and administration of embarkation and disembarkation of foreigners in their administrative region.


Article 3   The Ministry of Public Security shall, jointly with the relevant departments of the State Council, establish an information platform for services and administration of embarkation and disembarkation of foreigners, materialise sharing of the relevant information.


Article 4   In the administration of issuance of visas and administration of foreigners staying and residing in China, the State Council departments such as the Ministry of Foreign Affairs and Ministry of Public Security etc shall provide information of laws and regulations on administration of embarkation and disembarkation of foreigners and other information need to know by foreigners on their official websites and premises for acceptance of applications of embarkation and disembarkation paperwork etc.


Chapter 2 Categories and Issuance of Visas


Article 5   The scope and method of issuance of diplomatic visas, courtesy visas and official visa shall be stipulated by the Ministry of Foreign Affairs.


Article 6   Ordinary visas are categorised as follows, and the corresponding Hanyu Pinyin alphabet shall be stated on the visas:


(1) C visas shall be issued to international train crew, international aircraft crew executing crew, aviation and maritime tasks, international voyage crew and their accompanying family members, and car drivers engaging in international road transportation.


(2) D visas shall be issued to permanent residence immigrants.


(3) F visas shall beissued to persons who enter China to engage in exchange, visit and studyactivities.


(4) G visas shall be issued to persons who transit through China.


(5) J1 visas shall be issued to resident foreign correspondents of resident foreign news agencies in China; J2 visas shall be issued to foreign journalists who visit China for short-term news reporting assignments.


(6) L visas shall be issued to tourists who visit China; tourists on a group tour may be issued group L visas.


(7) M visas shall be issued to persons who visit China for commercial and trade activities.


(8) Q1 visas shall be issued to family members of Chinese citizens applying for residence in China and family members of foreigners who hold permanent resident status in China for family reunion, and persons applying for residence in China due to fostercare reason etc;


Q2visas shall be issued to relatives of Chinese citizens residing in China applying for short-term relative visit in China and relatives of foreigners who hold permanent resident status.


(9) R visas shall be issued to high-level foreign talents and urgently needed specialised talents sought-after by China. 


(10) S1 visas shall be issued to the spouse, parents, children under 18 years of age of a foreigner residing in China for work or study etc and the spouse's parents applying forlong-term relative visit, and any other persons who need to reside in China for personal reasons; 


S2 visas shall be issued to family members of foreigners who stay or reside in China for work or study etc applying for short-term relative visit, and persons who need to stay in China for personal reasons.


(11) X1 visas shall be issued to persons applying for enrolment in long-term course in China; X2visas shall be issued to persons applying for enrolment in a short-term coursein China.


(12) Z visas shall be issued to persons working in China.


Article 7   Foreigners applying for a visa shall complete an application form, submit their passport or any other international travel paperwork, photographs which comply with the provisions and the relevant materials for the application matter.


(1) Foreigners applyingn for a C visa shall submit a letter of guarantee issued by a foreign transportation company or a letter of invitation issued by the relevant organisation in China.


(2) Foreigners applying for a D visa shall submit a Statement of Confirmation of Permanent Residence Status of Foreigner issued by the Ministry of Public Security.  


(3) Foreigners applying for a F visa shall submit a letter of invitation issued by the inviting partyin China. 


(4) Foreigners applying for a G visa shall submit the joint-way air (train, ship) ticket with confirmed date and seat to the county (region) of destination.


(5) Foreigners applying for a J1 visa or J2 visa shall perform the examination and approval formalities and submit the corresponding application materials pursuant to the provisions of China on news reporting by resident foreign news agencies and foreign journalists.


(6) Foreigners applying for a L visa shall submit travel itinerary materials etc pursuant to the requirements; tourists who visit China on a group tour shall submit a letter of invitation issued by the tour agency. 


(7) Foreigners applying for a M visa shall submit a letter of invitation

issued by their commercial or trade partner in China pursuant to the requirements.


(8) Foreigners applying for a Q1 visa applying for residence in China for family reunion shall submit a letter of invitation issued by a Chinese citizen residing in China or a foreigner who holds permanent resident status and the proof of family relationship, and foreigners applying for embarkation due to foster care reason shall submit proof materials such as the power of attorney etc; foreigners applying for a Q2 visa shall submit a letter of invitation or other proof materials issued by a Chinese citizen residing in China or a foreigner with permanent resident status.


(9) Foreigners applying for a R visa shall comply with the criteria and requirements for bringing in high-level foreign talents and urgently needed specialised talents determined by the relevant Chinese Government department(s), and submit the corresponding proof materials pursuant to the provisions.


(10) Foreigners applying for a S1 visa or S2 visa shall submit a letter of invitation issued bya foreigner who stays or resides in China for work or study etc and the proof of family relationship, or the proof materials required for embarkation in China for personal reason pursuant to the requirements.


(11) Foreigners applying for a X1 visa shall submit the notice of recruitment issued by there cruiting organisation and proof materials issued by the authorities in charge pursuant to the provisions; foreigners applying for a X2 visa shall submit proof materials such as the notice of recruitment issued by the recruiting organisation etc pursuant to the provisions.


(12) Foreigners applying for a Z visa shall submit a work permit etc pursuant to theprovisions.


The visa issuing authorities may require foreigners to submit other application materials based on the requirements of the specific circumstances.


Article 8   The following foreigners shall undergo an interview required by the overseas visa issuing authorities:


(1) foreigners applying  for residence in China;


(2) foreigners whose personal identity information and embarkation matter requires further verification;


(3) foreigners with record of rejected embarkation or ordered disembarkation within a stipulated period; and


(4) any othernforeigners who are deemed necessary to undergo an interview.


Where the overseas visa issuing authorities need to verify the relevant information regarding visa issuance with the relevant authorities and organisations in China, the relevant authorities and organisations in China shall render cooperation.


Article 9   Where the visa issuing authorities concludes upon examination that an application satisfies issuance criteria, the relevant visa shall be issued. Where the applicant is required to apply for a residence permit upon embarkation, the visa issuing authorities shall state the deadline for application for residence permit following embarkation on the visa.


Chapter 3 Administration of Visit and Residence


Article 10   Upon embarkation with a visa, a foreigner who is allowed to change visit purpose or granted embarkation convenience pursuant to the provisions of the State, or where a foreigner who holds a group visa at embarkation needs to be separated from a group tour for continued stay in China due to his/her use of a new passport, he/she may apply to the disembarkation and embarkation administration agency of the public security authorities of the local People's Government of county level and above at the place of stay.


Article 11   Foreigners in China whose visa is lost,mutilated or stolen shall promptly apply to the disembarkation and embarkation administration agency of the public security authorities of the local People's Government of county level and above at the place of stay for replacement o fvisa.


Article 12   Foreigners applying for renewal, replacement or reissuance of visa or applying for a visit permit shall complete an application form, submit their passport or any other international travel paperwork, photographs which comply with the provisions and the relevant materials for the application matter.


Article 13   Where an application for renewal, replacement or reissuance of visa or an application for visit permit by a foreigner complies with the provisions on acceptance, the disembarkation and embarkation administration agency of the public security authorities shall issue anacknowledgement receipt with a validity period of not more than seven days, and decide on issuance or non-issuance within the validity period of the acknowledgement receipt.


Where an application for renewal, replacement or reissuance of visa or an application for visit permit by a foreigner does not comply with the provisions on acceptance, the disembarkation and embarkation administration agency of the public security authorities shall notify the applicant in a one-off manner on the formalities to be performed and application materials to be supplemented and corrected.


During the period in which the passport or any other international travel paperwork of the applicant is retained, he/she may stay in China legally based on the acknowledgement receipt.


Article 14   The decision for extension of validity period of visa by the disembarkation and embarkation administration agency of the public security authorities shall be effective for the current embarkation, shall not affect the number of instances of embarkation and the validity period of embarkation for the visa, and the cumulative extension of validity periodshall not exceed the validity period stated on the original visa.


Upon extension of the validity period of the visa, the foreigner's stay shall comply with the matter stipulated in the original visa and the extended validity period.


Article 15   Residence permits shall be categorised as follows:

(1) employment residence permits shall be issued to persons working in China;


(2) study residence permits shall be issued to persons studying in China on a long-term basis;


(3) journalist residence permits shall be issued to resident foreign correspondents of resident foreign news agencies in China;


(4) reunion residence permits shall be issued to family members of Chinese citizens residing in China and foreigners who hold permanent resident status for family reunion, and persons who need to reside in China for foster care reason etc;


(5) personal reason residence permits shall be issued to the spouse, parents, children under 18 years of age of a foreigner who resides in China for work or study etc and the spouse's parents applying for long-term relative visit, and persons who need to reside in China due to personal reasons.


Article 16   Foreigners applying for a foreigner residence permit shall submit their passport or any other international travel paperwork, photographs which comply with the provisions and the relevant materials for the application matter, and complete the relevant formalities personally with the disembarkation and embarkation administration agency of the public security authorities of the local People's Government of county level and above at the place of residence, and deposit human biological identification information such as fingerprint etc.


(1) Foreigners applying for an employment residence permit shall submit proof materials such as work permit etc; high-level foreign talents and urgently needed specialised talents applying for an employment residence permit shall submit the relevant proof materials pursuant to the provisions.


(2) Foreigners applying for a study residence permit shall submit proof materials such as a letter issued by the recruiting institution stating the study term etc pursuant to the provisions.


(3) Foreigners applying for a journalist residence permit shall submit the letter issued by the relevant authorities and his/her press card.


(4) Foreigners applying for a reunion residence permit who need to reside in China for family reunion shall submit proof of family relationship and the relevant proof materials relating to the application matter; foreigners applying for a reunion residence permit who need to reside in China for foster care reason etc shall submit proof materials such as a power of attorney etc.


(5) Foreigners applying for a personal reason residence permit for long-term relative visit shall submit proof of family relationship and proof materials such as the residence permit etc of the relative he/she is visiting; foreigners applying for a personal reason residence permit to handle personal matters shall submit the relevant proof materials for the need to reside in China to handle personal matters.


Foreigners applying for a residence permitfor one year or longer shall submit a proof of health pursuant to the provisions. The proof of health shall be valid for a six-month period from the date of issuance.


Article 17   Foreigners applying for renewal, replacement orreissuance of residence permits shall complete an application form, submittheir passport or any other international travel paperwork, photographs whichcomply with the provisions and the relevant materials for the applicationmatter.


Article 18   Where an application for residence permit or an application for renewal, replacement or reissuance of residence permit by a foreigner complies with the provisions on acceptance, the disembarkation and embarkation administration agency of the public security authorities shall issue an acknowledgment receipt with a validity period of not more than 15 days, and decide on issuance or non-issuance within the validity period of the acknowledgement receipt.


Where an application for residence permit or an application for renewal, replacement or reissuance of residence permit by a foreigner does not comply with the provisions on acceptance, the disembarkation and embarkation administration agency of the public security authorities shall notify the applicant in a one-off manner the formalities to be completed and the application materials to be supplement and corrected.


During the period in which the passport or any other international travel paperwork of the applicant is being retained, he/she may stay in China legally based on the acknowledgement receipt.


Article 19   Foreigners applying for visas and renewal, replacement or reissuance of residence permit shall apply for a visit pass, under any of the following circumstances, the application may be made by the inviting organisation or individual, the applicant's relative, the relevant specialised service organisation on his/her behalf:


(1) he/she is under 16years of age or attains 60 years of age and immobile due to illness etc;


(2) this is not his/her first visit to China and he/she has good residence or visit record in China;


(3) the inviting organisation or individual provides guarantee for the expenses required by the foreigner during his/her stay in China.


Where an application for residence permit by a foreigner who is a high-level foreign talent or urgently needed specialised talent needed in China and satisfies the description stipulated initem (1) of the preceding paragraph, the application may be made by the inviting organisation or individual, the applicant's relative, the relevant specialised service organisation on his/her behalf.


Article 20   The disembarkation and embarkation administration agency of the public security authorities may verify the veracity of the application matter through interview, telephone enquiry, onsite investigation etc, the applicant and the organisation or individual issuing the letter of invitation and proof materials shall render cooperation.


Article 21   The disembarkation and embarkation administration agency of the public security authorities shall not approve issuance of visaand renewal, replacement or reissuance of residence permit and shall not issue a visit pass for the following foreigners:


(1) foreigners who failed to provide application materials pursuant to the provisions;


(2) foreigners who commit fraud in the course of application;


(3) foreigners who violate the provisions of the relevant laws and administrative regulations of China and are unsuitable to stay or reside in China; or


(4) any other circumstances under which visa approval and extension, replacement orreissuance of residence permit or issuance of visit pass is inappropriate.


Article 22   Where a foreigner who holds a study residence permit needs to undertake off-campus work-study or internship, he/she shall,upon obtaining consent of his/her school,  apply to the disembarkation and embarkation administration agency of the public security authorities for inclusion of remarks on the venue and period etc of work-study or internshipon his/her residence permit.


Where the study resident permit of the foreigner does not state the information stipulated in the preceding paragraph, he/she shall not undertake off-campus work-study or internship.


Article 23   Where the valid passport or international travel paperwork of a foreigner in China is lost, mutilated or stolen and he/she is unable to obtain a replacement from the relevant home country agency in China, he/she may apply to the disembarkation and embarkation administration agency of the public security authorities of local People's Governments of county level and above at the place of stay to complete disembarkation formalities.


Article 24   Foreigners holding a disembarkation and embarkation permit stating the place of stay and foreigners approved by the frontier inspection authorities for temporary embarkation and subject to restriction for place of stay shall stay within the defined place of stay.


Article 25   The following foreigners in China shall be deemed as illegal residents:


(1) foreigners who reside or stay beyond the period of residence or stay stipulated in their visa, visit pass or residence permit; 


(2) foreigners who visit China on a visa-exemption scheme who stay in China beyond the visa-exemption period and do not apply for a visit pass or residence permit;


(3) foreigners who do not keep to the defined place of stay or residence; or


(4) any other illegalstay circumstances.


Article 26   Organisations which employ foreigners or enrol foreign students shall promptly report to the disembarkation and embarkation administration agency of the public security authorities of local People's Governments of county level and above at the locality under any of the following circumstances:


(1) resignation or change of work location of a foreigner employee;


(2) a foreigner student has graduated, completed the course without graduation, drop out or withdrawn from the course and left the school;


(3) employment of a foreigner employee or enrolment of a foreign student violates the administrative provisions on disembarkation and embarkation;


(4) a foreigner employee or a foreign student is dead or missing etc.


Article 27   Where there is a need to verify a foreigner's identity information by  financial, education, medical, telecommunications organisations etc, the organisation may apply to the disembarkation andembarkation administration agency of the public security authorities for verification.


Article 28   Administration of issuance of visit passes and residence permits to

foreigners who visit or reside in China for diplomatic or official matters shall comply with the provisions of the Ministry of Foreign Affairs.


Chapter 4 Investigation and Repatriation


Article 29   The public security authorities may establish repatriation premises based on actual needs.


Where a foreigner is detained for examination pursuant to the provisions of Article 60 of the Disembarkation and Embarkation Law, the detained foreigner shall be sent to the lockup or repatriation premises within 24 hours.


Where repatriation or deportation cannot be forthwith implemented due to weather conditions or the foreigner's health conditions, the foreigner shall be held in custody at the lockup or repatriation premises based on the relevant legal documentation.


Article 30   Where a foreigner is subject to restriction of scope of activities pursuant to the provisions of Article 61 of the Disembarkation and Embarkation Law, a decision on restriction of scope of activities shall be issued. The foreigner who is subject to restriction of scope of activities shall report to the public security authorities at the designated time; without approval by the competent authorities, the foreigner shall not change his/her living premises or leave the defined region.


Article 31   Where a foreigner is deported pursuant to the provisions of Article 62 of the Disembarkation and Embarkation Law, the authorities which order the deportation shall determine the specific period for which the deported foreigner is banned from entering China pursuant to the law.


Article 32   The expenses incurred for deportation of a foreigner shall be borne by the deported foreigner. Where the foreigner is unable to bear the expenses and he/she was illegal employed, the organisation or individual that employs the foreigner illegally shall bear the expenses; under any other circumstances, the organisation or individual that provides guarantee for the foreigner's stay or residence in China shall bear the expenses.


Deportation of foreigners shall be implemented by the public security authorities of local People's Governments of county level and above or the frontier inspection authorities.


Article 33   Where a foreigner is ordered to leave China by a stipulated deadline, the authorities which issues the order shall, upon cancellation or recovery of the foreigner's disembarkation and embarkation permit, handle the foreigner's stay formalities retrospectively and stipulate the disembarkation period. The disembarkation period shall not exceed 15 days.


Article 34   Under the following circumstances, the visa, visit permit or residence permits held by a foreigner shall be declared void by the issuing authorities:


(1) the visa, visit permit or residence permit is mutilated, lost or stolen;


(2) where a foreigner is ordered to leave China by a stipulated deadline, repatriated or deported, his/her visa, visit pass or residence permit has not been confiscated or cancelled;


(3) the foreigner failed to declare a change in the purpose of residence to the disembarkation and embarkation administration agency of the public security authorities within the stipulated period, and failed to declare following announcement by the public security authorities;


(4) under the circumstances stipulated in Article 21 and Article 31 of the Disembarkation and Embarkation Law for non-issuance of visa or residence permit.


For nullification of visa, visit pass or residence permit by the issuing authorities pursuant to the law, the issuing authorities may declare a visa, visit pass or residence permit void or announce the nullification on the spot.


Article 35   Under any of the following circumstances, the visa, visit pass or residence permit of the foreigner shall be cancelled or confiscated by the public security authorities:


(1) where the visa, visit pass or residence permit is declared void by the issuing authorities or used by others fraudulently;


(2) where the visa, visit pass or residence permit is obtained illegally by way of  forgery, alteration, fraud or any other means; or


(3) where the holder is ordered to leave China by a stipulated deadline, repatriated or deported.


The authorities ordering the cancellation or confiscation shall promptly notify the issuing authorities.


Chapter 5 Supplementary Provisions


Article 36   The following terms used in these Regulations shall be defined as follows:


(1) The number of instances of embarkation of a visa shall mean the number of instances for which the visa holder is allowed to enter China during the validity period of thevisa.


(2) The validity period of embarkation of a visa shall mean the validity period for the visa holder to enter China with the visa. Where the issuing authorities do not stipulate, the visa shall be effective from the date of issuance and shall become void upon 2400 hour Beijing time on the date of expiry of the validity period.


(3) The period of stay of a visa shall mean the duration for which the visa holder is allowed to stay in China upon each embarkation, and shall commence from the day following the date of embarkation.


(4) Short-term shall mean a stay of 180 days or less in China (including 180 days).


(5) Long-term and permanent shall mean a stay of more than 180 days in China.


The examination and approval period and the  validity period of acknowledgment of receipt of the disembarkation and embarkation administration agency of the public security authorities stipulated in these Regulations shall be computed in working days and shall exclude public holidays. 


Article 37   Upon approval of the Ministry of Foreign Affairs, the overseas visa issuing authorities may entrust the relevant local organisations to undertake handle services such as acceptance and recording of visa applications by foreigners and advisory services etc.


Article 38   The visa formats shall be stipulated the Ministry of Foreign Affairs jointly with the Ministry of Public Security. The formats of visit permits and residence permits shall be stipulated by the Ministry of Public Security.


Article 39   These Regulations shall be effective 1 September 2013. The Implementation Regulations for the Law of the People'sRepublic of China on Administration of Embarkation and Disembarkation of Foreigners approved by the State Council on 3 December 1986, promulgated by the Ministry of Public Security and Ministry of Foreign Affairs on 27 December 1986 and revised by the State Council on 13 July 1994 and 24 April 2010 shall be repealed simultaneously.


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