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Regulations of the People's Republic of China on the Entry and Exit of Aliens (in Chinese and English)
  • Release time: 17:45, July 22, 2013  

Decree of the State Council of the People's Republic of China

No. 637

The Regulations of the People's Republic of China on the Administration of the Entry and Exit of Aliens, adopted at the 15th executive meeting of the State Council on July 3, 2013, are hereby promulgated and shall come into force as of September 1, 2013.

Premier Li Keqiang

July 12, 2013

 

  Regulations of the People's Republic of China on the Entry and Exit of Aliens

general provisions

Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on the Administration of Exit and Entry (hereinafter referred to as the Law on the Administration of Exit and Entry) in order to regulate the issuance of visas and the service and administration of foreigners' stay and residence in China.

Article 2 The State shall establish a coordination mechanism for the entry and exit services and management of foreigners, and strengthen the overall planning, coordination and cooperation of the entry and exit services and management of foreigners.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, as required, establish a coordination mechanism for the entry and exit services and management of foreigners, strengthen information exchange and coordination, and do a good job in the entry and exit services and management of foreigners in their respective administrative regions.

Article 3 The Ministry of Public Security shall, together with the relevant departments of the State Council, establish an information platform for the entry and exit services and management of foreigners to share relevant information.

Article 4 In the administration of visa issuance and the administration of foreigners' stay and residence in China, the Ministry of Foreign Affairs, the Ministry of Public Security and other departments of the State Council shall provide laws and regulations on the entry and exit administration of foreigners and other information that needs to be known by foreigners on their portals, places where applications for exit and entry certificates are accepted and other places.

Chapter II Types and Issuance of Visas

Article 5 The Ministry of Foreign Affairs shall stipulate the scope and method of issuance of diplomatic visas, courtesy visas and official visas.

Article 6 Ordinary visas are divided into the following categories, and the corresponding Chinese phonetic alphabet shall be marked on the visa:

(1) Visa C is issued to international train attendants, crew members of international aircraft, crew members of ships engaged in international voyages and their accompanying family members, and automobile drivers engaged in international road transport who are engaged in crew, aviation and shipping missions.

(2) Visa D is issued to those who enter the country for permanent residence.

(3) Visa F is issued to those who enter the country for exchange, visit, investigation and other activities.

(4) Visa G is issued to those who transit through China.

(5) Visa J1, issued to foreign correspondents resident in Chinese news organizations; Visa J2 is issued to foreign journalists who enter the country for short-term interviews and reports.

(6) Visa L, issued to inbound tourists; A group L visa may be issued to those who enter the country for tourism in the form of a group.

(7) Visa M is issued to persons entering the country for commercial and trade activities.

(8) Visa Q1, issued to family members of Chinese citizens who apply for entry and residence for family reunion, family members of foreigners with permanent residence qualifications in China, and persons who apply for entry and residence for reasons such as foster care; Visa Q2 is issued to relatives of Chinese citizens residing in China and relatives of foreigners with permanent residence qualifications in China who apply for short-term home visits.

(9) Visa R is issued to foreign high-level talents needed by the country and urgently needed specialized talents.

(10) Visa S1, which is issued to the spouses, parents, children under the age of 18, parents of the spouses of foreigners who apply for entry to China for long-term family visits for work, study and other reasons, as well as those who need to stay in China for other personal reasons; Visa S2 is issued to the family members of foreigners who apply for entry to China for short-term family visits and stay in China for work, study and other reasons, as well as those who need to stay in China for other private affairs.

(11) Visa X1 is issued to those who apply for long-term study in China; Visa X2 is issued to those who apply for short-term study in China.

(12) Visa Z is issued to those who apply to work in China.

Article 7 Aliens applying for visas shall fill out an application form and submit their passports or other international travel documents, as well as photos that meet the requirements and relevant materials on the subject of application.

(1) In applying for Visa C, a letter of guarantee issued by a foreign transport company or an invitation issued by a relevant unit in China shall be submitted.

(2) In applying for Visa D, a foreigner's permanent residence confirmation form issued by the Ministry of Public Security shall be submitted.

(3) In applying for Visa F, a letter of invitation issued by the inviter in China shall be submitted.

(4) In applying for Visa G, a connecting flight (train or ship) ticket with a fixed date and seat for the country (region) shall be submitted.

(5) To apply for Visa J1 and Visa J2, the applicant shall go through the examination and approval procedures and submit the corresponding application materials in accordance with China's regulations on foreign permanent news agencies and foreign journalists' interviews.

(6) In applying for Visa L, the applicant shall submit travel plans, itineraries and other materials as required; For inbound tourism in the form of a group, the letter of invitation issued by the travel agency shall also be submitted.

(7) In applying for Visa M, an invitation letter issued by a commercial trade partner in China shall be submitted as required.

(8) In applying for Visa Q1, those who apply for entry and residence due to family reunion shall submit letters of invitation and family membership certificates issued by Chinese citizens living in China and foreigners with permanent residence qualifications, and those who apply for entry due to foster care and other reasons shall submit power of attorney and other supporting materials; To apply for Visa Q2, you should submit letters of invitation and other supporting documents issued by Chinese citizens living in China and foreigners with permanent residence qualifications.

(9) In applying for Visa R, the applicant shall meet the conditions and requirements for the introduction of high-level foreign talents and urgently needed specialized talents as determined by the relevant competent authorities of the Chinese Government, and submit the corresponding supporting materials in accordance with the regulations.

(10) To apply for S1 and S2 visas, you should submit letters of invitation issued by foreigners who stay in China for work, study and other reasons, family membership certificates, or certification materials required for entry handling of private affairs.

(11) When applying for Visa X1, the applicant shall submit the admission notice issued by the recruiting unit and the certification materials issued by the competent department in accordance with the regulations; To apply for Visa X2, you should submit the admission notice and other supporting materials issued by the recruiting unit in accordance with the regulations.

(12) To apply for Visa Z, work permit and other supporting materials shall be submitted in accordance with regulations.

Visa authorities may, in light of specific circumstances, require foreigners to submit other application materials.

Article 8 Aliens who are under any of the following circumstances shall be interviewed according to the requirements of visa authorities stationed abroad:

(1) Applying for entry and residence;

(2) Personal identity information and entry reasons need to be further verified;

(3) Having a record of not being allowed to enter or being ordered to leave the country within a time limit;

(4) Other situations where interview is necessary.

If the visa authorities stationed abroad need to verify relevant information with the relevant departments and units in China when issuing visas, the relevant departments and units in China shall cooperate.

Article 9 If the visa authority considers that the conditions for issuance are met after examination, it shall issue a visa of the corresponding category. If it is necessary to apply for a residence certificate after entry, the visa authority shall indicate on the visa the time limit for applying for a residence certificate after entry.

Chapter III Management of Stay and Residence

Article 10 Aliens who, after entering the country with visas, may change the reasons for their stay or provide entry facilities according to the provisions of the State, or who need to stay in groups due to objective reasons after entering the country with new passports or group visas, may apply to the exit and entry administration of the public security organ of the local people's government at or above the county level for a new visa.

Article 11 Aliens in China who have lost, damaged, stolen or robbed their visas shall promptly apply to the exit and entry administration organ of the public security organ of the local people's government at or above the county level in the place of their stay for a new visa.

Article 12 Aliens applying for visa extension, renewal, reissue and application for residence permits shall fill in application forms and submit their passports or other international travel documents, as well as photos that meet the requirements and relevant materials on the subject of application.

Article 13 If an alien's application for visa extension, renewal, reissue or application for a residence permit meets the acceptance requirements, the exit and entry administration of the public security organ shall issue an acceptance receipt with a validity period of not more than 7 days, and make a decision on whether to issue or not within the validity period of the acceptance receipt.

If the procedures or materials for foreigners to apply for visa extension, renewal, reissue and application for residence permit do not meet the requirements, the exit and entry administration of the public security organ shall inform the applicant of the procedures to be performed and the supplemented and corrected application materials at one time.

During the period when the passport or other international travel documents held by the applicant are kept for handling the documents, the applicant may lawfully stay in China on the strength of the receipt of acceptance.

Article 14 The decision made by the exit and entry administration of the public security organ to extend the stay period of a visa is only valid for this entry, and does not affect the number of entries and the validity period of the visa, and the cumulative extended stay period shall not exceed the stay period specified in the original visa.

After the visa's stay period is extended, the foreigner shall stay according to the reasons specified in the original visa and the extended period.

Article 15 Residence certificates are divided into the following categories:

(1) Work type residence certificates shall be issued to persons working in China;

(2) A residence certificate for study shall be issued to persons who have been studying in China for a long time;

(3) Correspondents' residence certificates shall be issued to foreign resident journalists of foreign permanent news organizations in China;

(4) Reunion residence certificates shall be issued to family members of Chinese citizens who need to stay in China due to family reunion, family members of foreigners who have Chinese permanent residence qualifications, and persons who need to stay in China due to foster care and other reasons;

(5) The residence certificate for private affairs shall be issued to the spouses, parents, children under the age of 18, parents of foreigners residing in China for work, study and other reasons, as well as those who need to stay in China for other private affairs.

Article 16 When applying for aliens' residence certificates, aliens shall submit their passports or other international travel documents, as well as photos that meet the requirements and relevant materials on the subject of application. They shall go through the relevant procedures at the exit and entry administration of the public security organ of the local people's government at or above the county level in the place of residence, and retain fingerprint and other human biometric information.

(1) Work permit and other supporting materials shall be submitted for work residence certificate; In case of foreign high-level talents needed by the state and special talents in urgent need, relevant certification materials shall be submitted according to regulations.

(2) For a residence certificate for study purposes, such certification materials as a letter issued by the recruiting unit indicating the period of study shall be submitted in accordance with the regulations.

(3) Correspondence issued by relevant competent departments and press cards issued after verification shall be submitted for residence certificates for journalists.

(4) For the reunion residence certificate, if it is necessary to stay in China due to family reunion, the family member relationship certificate and the supporting materials related to the application shall be submitted; If it is necessary to stay in China for reasons such as foster care, it shall submit a power of attorney and other supporting materials.

(5) For residence certificates for private affairs and long-term family visits, proof of kinship, residence certificate of the visited person and other supporting materials shall be submitted as required; Those who enter the country to handle personal affairs shall submit the relevant proof materials of residence in China for handling personal affairs|

Aliens applying for residence certificates with a validity period of more than one year shall submit health certificates according to regulations. The health certificate is valid within 6 months from the date of issuance.

Article 17 Aliens applying for the extension, renewal or reissue of residence certificates shall fill in an application form and submit their passports or other international travel documents, as well as photos that meet the requirements and relevant materials about the application.

Article 18 If an alien applies for a residence certificate or applies for its extension, renewal or reissue in conformity with the acceptance provisions, the exit and entry administration organ of the public security organ shall issue an acceptance receipt that is valid for no more than 15 days, and make a decision on whether to issue or not within the validity period of the acceptance receipt.

If the procedures or materials for foreigners to apply for residence certificates or for extension, replacement or reissue of residence certificates do not meet the requirements, the exit and entry administration organ of the public security organ shall inform the applicants of the procedures to be performed and the supplemented application materials at one time.

During the period when the passport or other international travel documents held by the applicant are kept for handling the documents, the applicant may lawfully reside in China on the strength of the receipt of acceptance.

Article 19 Aliens who apply for the extension, renewal or reissue of visas and residence certificates, or who apply for residence certificates, may be applied for by the inviting unit or individual, the applicant's relatives, or the relevant special service agency on their behalf in any of the following circumstances:

(1) Under the age of 16 or over the age of 60, or being unable to move due to illness or other reasons;

(2) Those who have not entered China for the first time and have good records of stay and residence in China;

(3) The inviting entity or individual provides guarantee measures for the expenses needed by foreigners during their stay in China.

Aliens applying for residence certificates, if they belong to high-level foreign talents needed by the State, special talents in urgent need and under the circumstances specified in the first paragraph of the preceding paragraph, may be applied for by the inviting unit or individual, the applicant's relatives, and the relevant special service agencies.

Article 20 The exit and entry administration of the public security organ may verify the authenticity of the reasons for the application by means of interview, telephone inquiry, on-site investigation, etc. The applicant and the unit or individual that issued the invitation letter and certification materials shall cooperate.

Article 21 The exit and entry administration of the public security organ shall not approve the extension, renewal or reissue of visas and residence certificates, and shall not issue residence certificates to foreigners in any of the following circumstances:

(1) Failing to provide application materials as required;

(2) Practicing fraud in the application process;

(3) Those who violate the relevant laws and administrative regulations of China and are not suitable to stay in China;

(4) Other circumstances under which it is not appropriate to approve the extension, renewal, reissue of visas and residence certificates or issue residence certificates.

Article 22 Aliens holding study type residence certificates who need to work for study or practice in the field shall, with the consent of their schools, apply to the exit and entry administration of the public security organ for residence certificates with information such as the location and duration of work for study or practice.

Foreigners holding study type residence certificates who do not have the information specified in the preceding paragraph in their residence certificates may not work in schools or field or practice.

Article 23 Aliens within the territory of China who do not hold valid passports or international travel documents due to loss, damage, theft or robbery of their certificates and are unable to reissue them at the relevant institutions in China may apply to the exit and entry administration of the public security organ of the local people's government at or above the county level in the place of stay and residence for exit procedures.

Article 24 Foreigners holding exit and entry certificates that indicate the area of stay, and foreigners whose entry and exit border inspection authorities have approved temporary entry and restricted areas of stay, shall stay within the restricted areas.

Article 25 Aliens who are in any of the following circumstances in the territory of China shall be deemed to have stayed illegally:

(1) Stay and stay beyond the period of stay and residence stipulated in the visa and residence permit;

(2) Foreigners who enter the country without visa stay beyond the visa free period and do not apply for residence permit;

(3) Foreigners who live in areas beyond the limits;

(4) Other situations of illegal residence.

Article 26 Where an entity that employs foreigners or enrolls foreign students finds any of the following circumstances, it shall promptly report to the exit and entry administration organ of the public security organ of the local people's government at or above the county level:

(1) The employed foreigner leaves his/her job or changes his/her working area;

(2) The foreign students enrolled have graduated, completed, dropped out or left the original enrollment unit;

(3) The employed foreigners and the recruited foreign students violate the exit and entry regulations;

(4) The employed foreigner or foreign student is dead or missing.

Article 27 Where financial, educational, medical, telecommunications and other units need to verify the identity information of foreigners when handling business, they may apply to the exit and entry administration of the public security organ for verification.

Article 28 The issuance and administration of residence permits for foreigners staying in China for diplomatic or official reasons shall be governed by the provisions of the Ministry of Foreign Affairs.

Chapter IV Investigation and Repatriation

Article 29 The public security organ may, according to actual needs, set up places for repatriation.

If an alien is detained for examination in accordance with the provisions of Article 60 of the Law on the Administration of Exit and Entry, the alien detained for examination shall be sent to a detention center or a place of repatriation within 24 hours.

If the deportation or expulsion cannot be carried out immediately due to weather, the health condition of the party concerned and other reasons, the foreigner shall be detained in a detention center or a place of repatriation by virtue of the relevant legal documents.

Article 30 In accordance with the provisions of Article 61 of the Law on the Administration of Exit and Entry, if the scope of activities of foreigners is restricted, a decision on the scope of activities shall be issued. Foreigners whose activities are restricted shall report to the public security organ at the designated time; Without the approval of the decision making organ, they shall not change their living quarters or leave the restricted areas.

Article 31 In accordance with the provisions of Article 62 of the Law on the Administration of Exit and Entry, if an alien is to be deported from the country, the organ that makes the decision on deportation shall, in accordance with law, determine the specific time limit for the deported alien not to enter the country.

Article 32 The expenses necessary for aliens to be deported shall be borne by the aliens themselves. If the employee is unable to bear the responsibility, the responsibility shall be borne by the unit or individual illegally employed; In other cases, it shall be borne by the unit or individual that provides guarantee measures for foreigners to stay and stay in China.

The deportation of foreigners from the country shall be carried out by the public security organ of the local people's government at or above the county level or the exit and entry border inspection organ.

Article 33 If an alien is decided to leave the country within a time limit, the organ making the decision shall, after canceling or taking over his original exit/entry certificate, complete the formalities for his stay and limit the time limit for his exit. The maximum time limit for exit shall not exceed 15 days.

Article 34 Under any of the following circumstances, the visa and residence permit held by an alien shall be declared invalid by the issuing authority:

(1) The visa or residence permit is damaged, lost or stolen;

(2) Those who have been ordered to leave, deport or deport within a specified period of time and whose visas and residence certificates have not been confiscated or cancelled;

(3) The original reason for residence is changed, but the applicant fails to report to the exit and entry administration of the public security organ within the prescribed time limit, and still fails to report after the public security organ has announced the change;

(4) Those who fail to issue visas or residence certificates as stipulated in Articles 21 and 31 of the Exit and Entry Administration Law.

If the issuing authority declares a visa or residence permit invalid according to law, it may declare it invalid on the spot or by public announcement.

Article 35 The public security organ shall cancel or confiscate the visas and residence certificates held by foreigners under any of the following circumstances:

(1) Declared invalid by the issuing authority or falsely used by others;

(2) Obtaining illegally by forging, altering, cheating or other means;

(3) The holder has been decided to leave the country within a time limit, to be deported or deported.

The authority that makes the decision on cancellation or collection shall notify the issuing authority in a timely manner.

Chapter V Supplementary Provisions

Article 36 The meanings of the following terms in these Regulations:

(1) The entry frequency of a visa refers to the number of times the holder can enter the country within the entry validity period of the visa.

(2) The entry validity period of a visa refers to the valid period of entry of the visa held by the holder. Unless otherwise indicated by the issuing authority, the visa shall come into force on the date of issuance and expire at 24:00 Beijing time on the date of expiration.

(3) The term of stay of a visa refers to the time limit within which the holder is allowed to stay after each entry, which starts from the next day of entry.

(4) Short term refers to staying in China for no more than 180 days (including 180 days).

(5) Long term and permanent residence refers to staying in China for more than 180 days.

The period of examination and approval and the period of validity of the receipt of acceptance of the exit and entry administration of the public security organ stipulated in these Regulations shall be calculated in working days, excluding legal holidays.

Article 37 With the approval of the Ministry of Foreign Affairs, visa agencies stationed abroad may entrust local relevant agencies to handle such service affairs as receiving, entering and consulting visa applications from foreigners.

Article 38 The format of the visa shall be prescribed by the Ministry of Foreign Affairs in conjunction with the Ministry of Public Security. The format of the residence permit shall be prescribed by the Ministry of Public Security.

Article 39 These Regulations shall come into force as of September 1, 2013. The Detailed Rules for the Implementation of the Law of the People's Republic of China on the Entry and Exit of Aliens approved by the State Council on December 3, 1986, promulgated by the Ministry of Public Security and the Ministry of Foreign Affairs on December 27, 1986, and revised by the State Council on July 13, 1994 and April 24, 2010 shall be repealed at the same time.

 

   Decree of the State Council of the People’s Republic of China

  No. six hundred and thirty-seven

  The Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners, adopted at the 15th Executive Meeting of the State Council on July 3, 2013, are hereby promulgated and shall be effective from and after September 1, 2013.

  Premier, Li Keqiang

  July 12, 2013

   Regulations of the People’s Republic of China on Administration

  of the Entry and Exit of Foreigners

  Chapter Ⅰ General Provisions

  Article 1 These Regulations are formulated in accordance with the Exit and Entry Administration Law of the People’s Republic of China (hereinafter referred to as the Exit and Entry Administration Law), for the purpose of regulating the issuance of visas and provision of services to, and administration of affairs of, foreigners who stay or reside within the territory of China.

  Article 2 The State establishes a mechanism for coordinating the services and administration in respect of the entry and exit of foreigners, in order to improve the overall arrangement, coordination and cooperation in this field.

  The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government may, where necessary, establish mechanisms for coordinating the services and administration in respect of the entry and exit of foreigners, in order to increase exchange of information and facilitate coordination and cooperation, and provide services and administration within their respective administrative regions.

  Article 3 The Ministry of Public Security shall, in conjunction with the relevant departments of the State Council, establish a platform of information concerning the services and administration in respect of the entry and exit of foreigners in order to share information in this field.

  Article 4 In issuing visas and in administering the stay and residence of foreigners within the territory of China, the Ministry of Foreign Affairs, the Ministry of Public Security and other departments of the State Council shall, on their portals and websites and at the places where exit or entry applications are accepted, make available the laws and regulations on the administration of the entry and exit of foreigners and other information that foreigners need to know.

  Chapter Ⅱ Categories and Issuance of Visas

  Article 5 The scope and measures for issuance of diplomatic, courtesy and official visas shall be specified by the Ministry of Foreign Affairs.

  Article 6 Ordinary visas are divided into the following categories and shall be marked with corresponding letters in the Chinese phonetic alphabet:

  (1) The C visa is issued to crewmembers performing duties on board an international train, aircraft or vessel, and the accompanying family members of vessel crewmembers, and vehicle drivers engaged in international transportation services;

  (2) The D visa is issued to persons who come to China for permanent residence;

  (3) The F visa is issued to persons who come to China for exchanges, visits, study tours or other relevant activities;

  (4) The G visa is issued to persons who transit through China;

  (5) The J1 visa is issued to resident foreign journalists of permanent offices of foreign news agencies in China; the J2 visa is for foreign journalists who come to China for short-term news coverage;

  (6) The L visa is issued to persons who come to China for travel; persons who come to China for group travel can be issued Group L visas;

  (7) The M visa is issued to persons who come to China for commercial trade activities;

  (8) The Q1 visa is issued to family members of Chinese citizens and family members of foreigners with permanent residence status in China who apply for residence in China for family reunion, as well as for persons who apply for residence in China for fosterage or other purposes; the Q2 visa is for relatives of Chinese citizens living in China, or relatives of foreigners with permanent residence status in China, who apply for a short-term visit;

  (9) The R visa is issued to foreigners of high talent who are needed, or specialists who are urgently needed, by the State;

  (10) The S1 visa is issued to the spouses, parents, children under the age of 18 or parents-in-law of foreigners residing in China for work, study or other purposes who apply for a long-term visit to China, as well as for persons who need to reside in China for other personal matters; the S2 visa is for family members of foreigners staying or residing in China for work, study or other purposes who apply for a short-term visit to China, as well as for persons who need to stay in China for other personal matters;

  (11) The X1 visa is issued to persons who apply for long-term study in China; the X2 visa is for persons who apply for short-term study in China; and

  (12) The Z visa is issued to persons who apply for work in China.

  Article 7 A foreigner applying for a visa shall fill out the application form, and submit his or her passport or other international travel documents, qualified photos, and material relating to the purpose of application.

  (1) To apply for the C visa, the applicant shall submit the letter of guarantee provided by a foreign transportation company or the letter of invitation provided by the entity concerned in China;

  (2) To apply for the D visa, the applicant shall submit the form issued by the Ministry of Public Security confirming his or her permanent residence status;

  (3) To apply for the F visa, the applicant shall submit the invitation letter provided by the inviting party in China;

  (4) To apply for the G visa, the applicant shall submit a through ticket (air, road, rail or sea) to another country or region with the date and seat number on it;

  (5) To apply for the J1 or J2 visa, the applicant shall go through the formalities of examination and approval in accordance with the Chinese provisions on news coverage by permanent offices of foreign news agencies in China and by foreign journalists, and submit the relevant application material;

  (6) To apply for the L visa, the applicant shall, as required, submit travel plans and itinerary and other material; in the case of a group tour, the applicant shall also submit the letter of invitation provided by the travel agency;

  (7) To apply for the M visa, the applicant shall, as required, submit the letter of invitation provided by the commercial or trade partner in China;

  (8) To apply for the Q1 visa, in the case of applying for residence in China for family reunion, the applicant shall submit the invitation letter provided by the Chinese citizen living in China or by the foreigner with permanent residence status in China and proof of family relationship; and in the case of applying for entry for fosterage or other purposes, the applicant shall submit such certification documents as a power of attorney; to apply for the Q2 visa, the applicant shall submit such certification documents as the letter of invitation provided by the Chinese citizen living in China or by the foreigner with permanent residence status in China;

  (9) To apply for the R visa, the applicant shall meet the qualifications and requirements set by the competent authorities of the Chinese government for inviting persons of high talent or urgently needed specialists, and the applicant shall, in accordance with relevant provisions, submit the relevant certification documents;

  (10) To apply for the S1 or S2 visa, the applicant shall, as required, submit the invitation letter provided by the foreigner staying or residing in China for work, study or other purposes and proof of family relationship, or the certification documents required for dealing with personal matters in China;

  (11) To apply for the X1 visa, the applicant shall, in accordance with relevant provisions, submit the admission notice issued by the admission institution and the certification documents provided by the competent authority; to apply for the X2 visa, the applicant shall, in accordance with relevant provisions, submit such certification documents as the admission notice issued by the admission institution; and

  (12) To apply for the Z visa, the applicant shall, in accordance with relevant provisions, submit the work permit and other certification documents.

  The visa authority may, in light of specific cases, require a foreigner to submit additional application material.

  Article 8 In one of the following circumstances, a foreigner shall be interviewed as required by the visa authority abroad:

  (1) The applicant applies for entry into China for residence;

  (2) Information about the applicant’s personal identity or his or her purpose of entry requires further verification;

  (3) The applicant has a record of being denied entry into China or ordered to exit China within the prescribed time limit; or

  (4) Other circumstances where an interview is necessary.

  Where the visa authority abroad requires relevant departments or entities in China to help with the verification of relevant information, the latter shall cooperate.

  Article 9 Where the visa authority, upon examination, deems the applicant to be eligible for being issued a visa, it shall issue to the applicant the appropriate category of visa. Where the applicant needs to obtain a residence permit after entry, the visa authority shall specify on the visa the time limit for applying for such permit after entry.

  Chapter Ⅲ Administration of Stay and Residence

  Article 10 Where, after entry with a visa, a foreigner changes his or her purpose of stay or is granted entry conveniences in accordance with relevant provisions of the State, or where a foreigner starts using a new passport or needs to stay separately from his or her tour group after entering China with a group visa due to objective reasons, the applicant may apply to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level in the place of his or her stay for a change of visa.

  Article 11 Where the visa of a foreigner in China is lost, damaged, destroyed, stolen or robbed, the applicant shall, in a timely manner, apply to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level in the place of his or her stay for reissuance of the visa.

  Article 12 To apply for extension, change or reissuance of a visa, or for a stay permit, a foreigner shall fill out an application form and submit his or her passport or other international travel documents, qualified photos, and material relating to the purpose of application.

  Article 13 Where a foreigner’s application for extension, change or reissuance of a visa, or for a stay permit, meets the acceptance provisions, the exit and entry administration authority of the public security organ shall issue a receipt of acceptance valid for a period of time not exceeding 7 days, and make a decision on whether to issue the visa within the validity period of the receipt of acceptance.

  Where the procedures followed or material submitted by a foreigner for extension, change, or reissuance of a visa or for issuance of a stay permit does not conform to relevant provisions, the exit and entry administration authority of the public security organ shall, in a one-off manner, notify the applicant of the procedure(s) to be followed and the material to be supplemented and corrected.

  During the period of time when the applicant’s passport or other international travel documents are retained for processing his or her application for a visa or permit, the applicant may stay in China legally on the strength of the receipt of acceptance.

  Article 14 The decision made by the exit and entry administration authority of the public security organ to extend the duration of stay specified in a visa is only valid for the current entry and does not affect the number of entries or the validity period of the entry specified in the visa. However, the total period of extension shall not exceed the original duration of stay specified in the visa.

  When the duration of stay specified in the visa is extended, a foreigner shall adhere to the purpose specified in the original visa and stay within the extended duration of stay.

  Article 15 Residence permits are divided into the following types:

  (1) The residence permit for work is issued to persons who work in China;

  (2) The residence permit for study is issued to persons who pursue long-term studies in China;

  (3) The residence permit for journalists is issued to resident foreign journalists of permanent offices of foreign news agencies in China;

  (4) The residence permit for reunion is issued to family members of Chinese citizens and family members of foreigners with permanent residence status in China who need to reside in China for family reunion, and to persons who need to reside in China for fosterage or other purposes; and

  (5) The residence permit for personal matters is issued to spouses, parents, children under the age of 18 or parents-in-law of foreigners residing in China for work, study or other purposes, who apply for long-term visit to China, as well as for persons who need to reside in China for other personal matters.

  Article 16 A foreigner applying for a residence permit shall submit his or her passport or other international travel documents, qualified photos, and material relating to the purpose of application, go through the relevant formalities in person with the exit and entry administration authority of the public security organ of the local people’s government at or above the county level in the proposed places of his or her residence, and provide biometric identification information such as fingerprints thereto.

  (1) To apply for a residence permit for work, the applicant shall submit such certification documents as a work permit; in the case of a person of high talent who is needed or, a specialist who is urgently needed, by the State, the applicant shall submit relevant certification documents in accordance with relevant provisions;

  (2) To apply for a residence permit for study, the applicant shall, in accordance with relevant provisions, submit such certification documents as a letter indicating the duration of study provided by the admission institution;

  (3) To apply for a residence permit for journalists, the applicant shall submit the letter provided and the Press Card issued by the competent department;

  (4) To apply for a residence permit for reunion, the applicant shall submit proof of family relationship and certification documents relating to the purpose of application; if the applicant needs to reside in China for fosterage or other purposes, he or she shall submit such certification documents as a power of attorney; and

  (5) To apply for a residence permit for personal matters, in the case of a long-term visit, the applicant shall, as required, submit such certification documents as proof of kinship and the residence permit of the foreigner to be visited; to apply for entry to deal with personal matters, the applicant shall submit the documents certifying the need to reside in China.

  When applying for a residence permit valid for more than 1 year, a foreigner shall, in accordance with relevant provisions, submit his or her health certificate. A health certificate is valid for six months beginning from the date of issue.

  Article 17 To apply for extension, change or reissuance of a residence permit, a foreigner shall fill out an application form and submit his or her passport or other international travel documents, qualified photos, and material relating to the purpose of application.

  Article 18 Where a foreigner’s application for a residence permit or for extension, change or reissuance of a residence permit meets the acceptance provisions, the exit and entry administration authority of the public security organ shall issue a receipt of acceptance valid for a period not exceeding 15 days, and make a decision on whether to issue the visa within the validity period of the receipt of acceptance.

  Where the procedures followed or material submitted by a foreigner for a residence permit or for extension, change or reissuance of a residence permit does not conform to relevant provisions, the exit/entry administration authority of the public security organ shall, in a one-off manner, notify the applicant of the procedure(s) to be followed and the material to be supplemented and corrected.

  During the period of time when the applicant’s passport or other international travel documents are retained for processing his or her application for a residence permit, the applicant may reside in China legally on the strength of the receipt of acceptance.

  Article 19 In one of the following circumstances, the inviting entity or individual, the relative of the applicant or the specialized service agency concerned may apply for extension, change or reissuance of a visa or residence permit, or apply for a stay permit on behalf of the applicant:

  (1) The applicant is under the age of 16 or over the age of 60 or it would unduly inconvenience the applicant due to illness or other reasons;

  (2) The applicant’s current entry is not his or her first entry into China and the applicant has a good record of stay or residence in China; or

  (3) The inviting entity or individual has guaranteed to cover the necessary expenses of the applicant incurred in China.

  If the applicant is a person of high talent who is needed, or a specialist who is urgently needed, by the State, or is in the circumstance prescribed by subparagraph (1) of the preceding paragraph, the inviting entity or individual, the relative of the applicant or the specialized service agency concerned may apply for a residence permit on his or her behalf.

  Article 20 The exit and entry administration authority of the public security organ may verify the purpose of application through such means as interview, telephone inquiry and on-the-spot investigation, and the applicant as well as the entity or individual that has provided the letter of invitation or certification documents shall cooperate.

  Article 21 In one of the following circumstances, the exit and entry administration authority of the public security organ shall not approve the application for extension, change or reissuance of a visa or residence permit, or the application for a stay permit, submitted by a foreigner:

  (1) The applicant fails to provide material supporting his or her application in accordance with relevant provisions;

  (2) The applicant has knowingly falsified information in the application process;

  (3) The applicant is not eligible for staying or residing in China due to violation of relevant Chinese laws or administrative regulations; or

  (4) Other circumstances where it is not appropriate to approve the applicant’s application for extension, change or reissuance of a visa or residence permit, or for issuance of a stay permit.

  Article 22 Where a foreigner holding a residence permit for study intends to engage in off-campus work-study or internship, he or she shall, upon the approval of the school, apply to the exit and entry administration authority of the public security organ to have such information as the location and duration of the work-study program or internship placement specified in his or her residence permit.

  A foreigner holding a residence permit for study shall not engage in any off-campus work-study or internship unless the information prescribed in the preceding paragraph is specified in his or her residence permit.

  Article 23 A foreigner who does not hold a valid passport or other international travel documents due to loss, damage, destruction, theft, robbery or other reasons and cannot get the said passport or documents reissued by the relevant institution of his own country stationed in China may apply for exit formalities to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level in the place of his or her stay or residence.

  Article 24 A foreigner whose area of stay is specified in his exit and entry documents or a foreigner who is approved temporary entry into China with restrictions on area of stay by the exit and entry border inspection authority shall stay in the specified or restricted area.

  Article 25 In one of the following circumstances, a foreigner shall be deemed to be residing in China illegally:

  (1) The applicant’s stay or residence exceeds the duration specified in his or her visa, stay permit or residence permit;

  (2) The applicant overstays the visa-free period and fails to obtain a stay permit or residence permit;

  (3) The activities of the applicant go beyond the restricted area of stay or residence; or

  (4) Other circumstances where foreigners reside illegally.

  Article 26 Upon discovery of one of the following circumstances, the entity that employs a foreigner or admits a foreign student shall, in a timely manner, report to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level:

  (1) A foreigner employed resigns or changes employment location;

  (2) A foreign student admitted has graduated, completed his or her course(s) or study, has quit school, or has left the school ungraduated;

  (3) A foreigner employed or a foreign student admitted violates the provisions on administration of exit and entry; or

  (4) A foreigner employed or a foreign student admitted dies, disappears or other serious circumstances arise.

  Article 27 Where necessary, finance, education, medical, telecommunications or other entities may, for business purposes, apply to the exit and entry administration authority of the public security organ for verifying the information of a foreigner’s identity.

  Article 28 The stay or residence permits for foreigners who need to stay or reside in China for diplomatic or official purposes shall be issued and administered in accordance with the provisions of the Ministry of Foreign Affairs.

  Chapter Ⅴ Investigation and Repatriation

  Article 29 Public security organs may establish places for repatriation in light of actual needs.

  A foreigner who is to be detained for investigation in accordance with the provisions of Article 60 of the Exit and Entry Administration Law shall be sent to a detention house or a place of repatriation within 24 hours of his or her detention.

  Where, a foreigner cannot be repatriated or deported immediately due to weather, his or her health or other reasons, he or she shall be detained in a detention house or a place of repatriation with relevant legal instruments.

  Article 30 Where a foreigner’s scope of activities is to be restricted in accordance with the provisions of Article 61 of the Exit and Entry Administration Law, a written decision on such restriction(s) shall be issued. The foreigner subject to the restriction(s) shall report to the public security organ at the designated time and, without approval of the decision-making organ, he or she shall not change his living residence or leave the restricted area.

  Article 31 Where a foreigner is to be repatriated in accordance with the provisions of Article 62 of the Exit and Entry Administration Law, the organ that makes the decision on his or her repatriation shall, in accordance with law, decide on the specific duration of time in which the said foreigner shall not be allowed to enter China.

  Article 32 A foreigner who is subject to repatriation shall bear the related expenses. If he or she is not able to do so, the entity or individual that employed him or her shall bear the expenses in the case of illegal employment; in other circumstances, the entity or individual that has guaranteed to cover the expenses of the foreigner during his or her stay or residence in China shall bear the expenses.

  Repatriation of foreigners shall be carried out by the public security organs of the local people’s governments at or above the county level or the exit and entry border inspection authorities.

  Article 33 Where it is decided that a foreigner will exit China within a certain time limit, the decision-making authority shall, after cancelling or confiscating his or her original exit and entry documents, go through the formalities for his or her stay in China and set the time limit for his or her exit. The time limit shall not exceed 15 days.

  Article 34 In one of the following circumstances, the visa, stay permit or residence permit held by a foreigner shall be declared null and void by the issuing authority:

  (1) His or her visa, stay permit or residence permit is lost, damaged, destroyed, stolen or robbed;

  (2) The time limit for his or her exit, repatriation or deportation from China has been decided, and his or her visa, stay permit or residence permit has not been confiscated or cancelled;

  (3) The original purpose of residence has been changed, but he or she fails to report to the exit and entry administration authority of the public security organ within the prescribed time limit and fails to do so even after the said organ has given a public notice thereon; or

  (4) Circumstances in which a visa or residence permit shall not be issued as prescribed by the provisions of Article 21 or Article 31 of the Exit and Entry Administration Law.

  Where the issuing authority is to declare a visa, stay permit or residence permit null and void in accordance with law, it may do so on the spot or through a public notice.

  Article 35 In one of the following circumstances, the visa, stay permit or residence permit held by a foreigner shall be cancelled or confiscated by a public security organ:

  (1) The issuing authority declares it null and void, or it is being used fraudulently by someone else;

  (2) It is forged, altered, or obtained by fraud or other illegal means; or

  (3) The holder has been decided on a time for exit, repatriation or deportation from China.

  The authority that makes a decision on cancellation or confiscation of a visa, stay permit or residence permit shall, in a timely manner, notify the issuing authority.

  Chapter Ⅴ Supplementary Provisions

  Article 36 Meaning of terms in these Regulations:

  (1) The number of entries specified in the visa means the number of times that the visa holder may enter China within the validity period of the entry specified in the visa;

  (2) The validity period of the entry specified in the visa means the valid period of time during which the visa holder may enter China. Unless otherwise specified by the issuing authority, a visa is valid from the date of issuance until Beijing time 24:00 on the expiring day;

  (3) The duration of stay specified in the visa means the period of time during which the visa holder is allowed to stay in China after each entry. It begins from the next day of entry;

  (4) Short-term means staying in China for a period not exceeding 180 days (including 180 days); and

  (5) Long-term or resident means residing in China for a period exceeding 180 days.

  The period of time for examination and approval or the validity period of the receipt of acceptance of the exit and entry administration authority of the public security organ in these Regulations is calculated in terms of working days, excluding legal holidays.

  Article 37 With the approval of the Ministry of Foreign Affairs, the visa authorities abroad may entrust local institutions with services, such as receiving of visa application material, data input and consultancy.

  Article 38 The format of visas shall be prescribed by the Ministry of Foreign Affairs in conjunction with the Ministry of Public Security. The formats of stay permits and residence permits shall be prescribed by the Ministry of Public Security.

  Article 39 These Regulations shall be effective as of September 1, 2013. The Rules on the Implementation of the Law of the People’s Republic of China on the Entry and Exit of Aliens, approved by the State Council on December 3, 1986, promulgated by the Ministry of Public Security and the Ministry of Foreign Affairs on December 27, 1986, and revised by the State Council respectively on July 13, 1994 and April 24, 2010, shall be repealed simultaneously.

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