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Regulations of the People's Republic of China on Exit and Entry Frontier Inspection
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of safeguarding the sovereignty, security and social order of the People's Republic of China, and facilitating the passage of persons and means of transport leaving and entering the country. Article 2 The Ministry of Public Security shall be in charge of exit and entry border inspection. Article 3 The People's Republic of China establishes exit and entry border inspection stations (hereinafter referred to as border inspection stations) at ports, airports, stations, border passages and other ports open to the outside world. Article 4 In order to safeguard national sovereignty, security and social order, border inspection stations shall perform the following duties: （1） Frontier inspection shall be carried out on exit and entry personnel, their luggage and articles, means of transport and the goods carried by them; （2） Supervise the outbound and inbound means of transport in accordance with the relevant provisions of the State; （3） Guard the restricted areas of ports and maintain the order of exit and entry; （4） To perform the tasks assigned by the competent authority and stipulated by other laws and administrative regulations. Article 5 Persons and means of transport leaving or entering the country must pass through ports open to the public or places specially authorized by the competent authorities and be subject to border inspection, guardianship and control. Article 6 Border inspectors must carry out their business according to law. No organization or individual may obstruct border inspectors from performing their official duties according to law. Chapter II Personnel Inspection and Management Article 7 Persons leaving or entering the country must fill in exit and entry registration cards in accordance with regulations, submit their valid passports or other exit and entry certificates (hereinafter referred to as exit and entry certificates) to the border inspection stations for examination, and may leave or enter the country only after examination and approval. Article 8 Frontier inspection stations shall have the right to prevent persons who exit or enter the country from doing so in any of the following circumstances: （1） Those who do not hold exit or entry certificates; （2） Holding invalid exit or entry certificates; （3） Holding or using another person's exit or entry certificate; （4） Holding forged or altered exit or entry certificates; （5） Refusing to accept border inspection; （6） Failing to pass through a restricted port; （7） Those who are not allowed to leave or enter the country as notified by the public security department or the national security department under the State Council; （8） Those who are not allowed to leave or enter the country according to laws and administrative regulations. The frontier inspection station may detain or confiscate the exit or entry certificates of the persons who have entered or left the country and who have entered or left the country and who have entered or left the country, or of the Chinese citizens who have entered or left the country, and who have entered or left the country, and who have entered or left the country, or who have entered or left the country, or who have entered or left the country, or who have entered or left the country, or who have entered or. Article 9 The provisions of these Regulations shall apply to the border inspection and management of the exit and entry of accompanying service staff of means of transport. However, if there is an agreement between the People's Republic of China and the country or region concerned, the agreement shall prevail. Article 10 If a foreign crew member and his accompanying family members of a ship arriving at a port of the People's Republic of China, or a crew member from Hong Kong, Macao or Taiwan and his accompanying family members request to land and lodge in a port city, the captain or his agent shall apply to the frontier inspection station for landing and lodging procedures. The crew members who have been approved to land and lodge and their accompanying family members must return to the ship within the prescribed time. If there is any illegal act after landing but no crime has been constituted, he shall be ordered to return to the ship immediately and shall not land again. Chinese crew members engaged in international voyages shall land and lodge with their own exit and entry certificates. Article 11 If a person who applies for landing has any of the circumstances listed in Article 8 of these Regulations, the border inspection station shall have the right to refuse him to land. Article 12 Personnel from foreign ships below the designated size must submit their exit and entry certificates or other required certificates to the border inspection personnel for inspection, and may only get on or off the ship after obtaining permission. Personnel of port inspection and inspection units who need to board the ship to perform their official duties shall wear uniforms and show their certificates. Article 13 For the temporary exit and entry border inspection of the public servants and border residents of the People's Republic of China and the neighboring countries (regions), if there is an agreement between the two parties, the agreement shall prevail; In the absence of an agreement, the provisions of these Regulations shall apply. Frontier residents of neighboring countries who enter the country temporarily in accordance with the agreement are limited to activities within the scope of the agreement; If it is necessary to go beyond the scope of the agreement, it shall be handled by the immigration inspectors in advance. Article 14 The frontier inspection stations may, when they deem it necessary, carry out personal inspection of persons entering or leaving the country. The personal inspection shall be conducted by two border inspectors of the same sex as the inspected person. Article 15 Under any of the following circumstances, the frontier inspection station shall have the right to restrict the scope of activities of persons leaving or entering the country, investigate them or transfer them to the relevant authorities for handling: （1） Suspected of using another person's exit or entry certificate; （2） Suspected of holding forged or altered exit or entry certificates; （3） The public security department under the State Council, the national security department, the public security organs of provinces, autonomous regions, and municipalities directly under the Central Government, and the national security organs have notified the suspects of crimes; （4） Suspected of endangering national security, interests and social order. Chapter III Inspection and Supervision of Means of Transport Article 16 Exit and entry means of transport must accept border inspection when leaving or arriving at the port. The entry inspection of transportation vehicles shall be conducted at the first port of arrival. Exit inspection shall be conducted at the last port of departure. Under special circumstances, with the approval of the competent authority, the entry and exit inspection of means of transport may also be carried out at the authorized place. Article 17 The person in charge of the means of transport or the relevant transport department shall select the time of departure or arrival of the outbound or inbound vessels, aircraft and trains from the port, the place of stay and the information about the persons and goods carried, and report to the relevant border inspection station. When the means of transport arrives at the port, the captain, captain or his agent must declare the list of employees and passengers to the border inspection station; The conductor and the person in charge of other means of transportation must declare the number of employees and passengers. Article 18 When border inspection is carried out on means of transport, the person in charge or his agent shall be present to assist the border inspectors in the inspection. Article 19 The outbound and inbound means of transport must follow the prescribed routes and routes within the territory of China. Without permission, foreign ships may not call at ports not open to the outside world. The outbound means of transport shall not get on or off persons or load or unload articles without the permission of the border inspection station from the time of exit inspection to the time of exit, and the inbound means of transport shall not get on or off persons or load or unload articles from the time of entry inspection to the time of entry inspection. Article 20 If a Chinese ship needs to board a foreign ship, the captain or his agent shall apply to go through the formalities of boarding and berthing at the local inspection station; Those who have not gone through the formalities are not allowed to ride. Article 21 The border inspection stations shall have the right to supervise the exit and entry means of transport under any of the following circumstances: （1） Trains, foreign ships and Chinese passenger ships leaving and arriving at ports shall be inspected after departure and before departure, after entry and before and during entry inspection; （2） During the period when trains and other motor vehicles are traveling in the area far from the national (border) boundary to the border inspection station; （3） During the navigation of foreign ships in China's inland rivers; （4） Other circumstances that the border inspection station deems necessary for supervision. Article 22 The persons in charge of the means of transport shall provide necessary working and living conditions for the border inspectors who perform guardianship duties with the means of transport. The means of transport under guardianship and the persons who get on and off the means of transport shall obey the inspection of the guardians. Article 23 The person in charge of a means of transport that has not implemented guardianship measures shall manage it by himself to ensure that the means of transport and its employees comply with the provisions of these Regulations. Article 24 If it is found that the outbound or inbound means of transport are not allowed to leave or enter the country after being dispatched, the persons who illegally cross the national (frontier) border and those who do not hold valid exit or entry certificates, the person in charge of the means of transport shall be responsible for their repatriation and bear all expenses incurred therefrom. Article 25 The frontier inspection station shall have the right to delay or prevent the exit or entry of a means of transport under any of the following circumstances: （1） Leaving or arriving at the port without permission of the border inspection station; （2） Refusing to accept border inspection and supervision; （3） Is considered to contain persons or articles that endanger national security, interests and public order; （4） Those who are considered to have been sentenced to illegal exit or entry; （5） Refusing to implement the punishment or handling decision made by the border inspection station according to law; （6） Changing the ports of exit or entry without approval. After the circumstances listed in the preceding paragraph disappear, the border inspection station shall immediately release the relevant means of transport. Article 26 Vessels and aircraft entering or leaving the country who, due to unforeseen emergencies or force majeure, enter areas outside the ports open to the outside world must immediately report to the border inspection stations nearby or to the local public security organs for inspection and guardianship; After the reason for entering disappears, you must leave immediately according to the time and route notified. Chapter IV Inspection of Luggage, Articles and Goods Article 27 Frontier inspection stations may, in accordance with the need to maintain national security and social order, focus on the inspection of luggage and articles carried by exit and entry personnel and goods carried by means of transportation. Article 28 Exit and entry personnel and means of transport shall not carry or carry prohibited articles that endanger national security and public order as prescribed by laws and administrative regulations; In case of carrying or transporting prohibited articles, the border inspection station shall detain the prohibited articles and deal with the carrier and the person in charge of the means of transport carrying the prohibited articles in accordance with the provisions of relevant laws and administrative regulations. Article 29 No one may illegally carry out of the country documents, materials or other articles that are state secrets; If anyone illegally carries documents, materials or other articles that belong to state secrets, the frontier inspection station shall confiscate them and deal with the carrier in accordance with the provisions of relevant laws and administrative regulations. Article 30 Persons leaving or entering the country who carry or consign guns and ammunition must abide by the provisions of relevant laws and administrative regulations and go through the formalities for carrying or consigning guns and ammunition at border inspection stations; Without permission, no guns or ammunition may be carried or consigned out of or into China. Chapter V Penalties Article 31 Penalties for violation of the provisions of these Regulations shall be executed by the frontier inspection stations. Article 32 In any of the following circumstances, an exit or entry person shall be fined not less than 500 yuan but not more than 2000 yuan or detained in accordance with the provisions of relevant laws and administrative regulations: （1） Those who do not hold exit or entry certificates; （2） Holding invalid exit or entry certificates; （3） Holding or using another person's exit or entry certificate; （4） Holding forged or altered exit or entry certificates. Article 33 Whoever assists others to illegally exit or enter the country, if the circumstances are minor but do not constitute a crime, shall be fined not less than 2000 yuan but not more than 10000 yuan; The illegal gains, if any, shall be confiscated. Article 34 Whoever carries or consigns guns and ammunition out of or into China without approval shall have his guns and ammunition confiscated and be fined not less than 1000 yuan but not more than 5000 yuan. Article 35 Under any of the following circumstances, a warning or a fine of not more than 500 yuan shall be imposed: （1） Entering the restricted area of the port without approval or disobeying the administration and disturbing the order of port administration after entering; （2） Insulting frontier inspectors; （3） Landing or lodging without approval or in accordance with regulations. Article 36 Where an outbound or inbound means of transport carries persons who are not allowed to leave or enter the country, or persons who illegally cross the national (frontier) border or who do not hold valid exit or entry certificates leave or enter the country, the person in charge shall be fined not less than 5000 yuan but not more than 10000 yuan for each person carried. Article 37 In any of the following circumstances, the person in charge of a means of transport shall be fined not less than 10000 yuan but not more than 30000 yuan: （1） Leaving or arriving at the port without permission of the border inspection station; （2） Failing to declare the situation of employees, passengers and goods to the border inspection station according to the regulations, or refusing to assist in the inspection; （3） A means of transport, without permission of the border inspection station, embarks on or disembarks persons or loads or unloads articles after entry and before entry inspection and after exit inspection and before exit. Article 38 If a means of transport is involved in any of the following circumstances, its responsible person shall be given a warning and fined not less than 500 yuan but not more than 5000 yuan: （1） The outbound or inbound means of transport do not follow the prescribed routes in China; （2） Foreign ships call at non open ports without permission; （3） Chinese ships board foreign ships without approval. Article 39 When an exit or entry ship or aircraft, due to unforeseen emergencies or force majeure reasons, enters an area outside a port open to the outside world, it fails to report to the nearby border inspection station or the local public security organ without justified reasons; Or, if the reason for driving in disappears and fails to leave according to the time and route notified, the person in charge shall be fined less than 10000 yuan. Article 40 The border inspection station shall issue a receipt to the person punished for the penalty of fines and confiscations. The fines and confiscations shall be turned over to the state treasury in accordance with regulations. Article 41 Any person who leaves or enters the country in violation of the provisions of these Regulations, which constitutes a crime, shall be investigated for criminal responsibility according to law. Article 42 If the person punished is not satisfied with the punishment decision made by the frontier inspection station, he may, within 15 days from the date of receiving the punishment decision, apply for reconsideration to the public security organ at the county level in the place where the frontier inspection station is located; The relevant public security organ at the county level shall make a reconsideration decision within 15 days from the date of receiving the application for reconsideration; If the person punished is not satisfied with the reconsideration decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. Chapter VI Supplementary Provisions Article 43 Where there are special provisions in laws on the entry and exit border inspection of foreigners who enjoy diplomatic privileges and immunities, such provisions shall prevail. Article 44 If a foreign country has special regulations on the inspection and control of the entry, transit and exit of citizens of the People's Republic of China and means of transport, the border inspection stations may take corresponding measures according to the decisions of the competent authorities. Article 45 The provisions of these Regulations shall apply to the border inspection of citizens of the People's Republic of China and means of transport to and from Hong Kong, Macao and Taiwan; Where there are special provisions in laws and administrative regulations, such provisions shall prevail. Article 46 The meanings of the following terms in these Regulations: "Outbound and inbound persons" refer to all Chinese, foreign and stateless persons who leave, enter or pass through the territory of the People's Republic of China (frontier); "Means of transport for entry and exit" means all vessels, aircraft, trains and motor vehicles, non motor vehicles and pack animals that leave, enter or pass through the territory of the People's Republic of China (frontier); "Employees" refer to the persons in charge, drivers, attendants and other staff of outbound and inbound ships, aircraft, trains and motor vehicles. Article 47 These Regulations shall come into force as of September 1, 1995. The Provisional Regulations on Entry Exit Public Security Inspection approved by the Government Affairs Council of the Central People's Government on July 29, 1952 and the Regulations on Frontier Inspection issued by the State Council on April 30, 1965 shall be repealed at the same time. 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