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(Issued by the State Council on July 20, 1995)
general provisions
Chapter II Personnel Inspection and Management
Chapter III Inspection and Supervision of Means of Transport
Chapter IV Inspection of Luggage, Articles and Goods
Chapter V Penalties
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of safeguarding the sovereignty, security and public 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 means of transport entering and leaving the country 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 other tasks assigned by the competent authority as prescribed by laws and administrative regulations;
Article 5 Persons and means of transport leaving or entering the country must pass through ports open to the outside world or places specially authorized by the competent authorities and be subject to border inspection, guardianship and control. Exit and entry personnel must abide by the laws and administrative regulations of the People's Republic of China.
Article 6 Frontier inspectors must perform their official duties 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 inspectors shall have the right to prevent persons from leaving or entering the country under any of the following circumstances;
1. Those who do not hold exit or entry certificates;
2. Holding invalid exit or entry certificates; In any of the circumstances listed in sub paragraphs (7) and (8) of the preceding paragraph, the border inspection station may detain or confiscate the exit and 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 an illegal act is committed after landing, which has not yet constituted a crime, 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 Persons embarking on or disembarking from a foreign ship must submit their exit or entry certificates or other required certificates to the border inspectors for inspection, and may only embark or disembark 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 Frontier inspection for temporary exit and entry of public servants and border residents of the People's Republic of China and neighboring countries (regions) shall be carried out in accordance with the agreement reached by both parties; In the absence of an agreement, the provisions of these Regulations shall apply. If border residents of neighboring countries enter the country temporarily in accordance with the agreement, they are limited to activities within the scope of the agreement. If they need to go beyond the scope of the agreement, they should go through the entry formalities 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 In 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. Public Security Department of the State Council; The State security department, the public security organ of a province, autonomous region, or municipality directly under the Central Government, or the State security organ notify the suspect of a crime;
4. Suspected of endangering national security, interests and social order;
Chapter III Inspection and Supervision of Means of Transport
Article 16 On arrival at the port, outbound and inbound means of transport must accept border inspection. The entry inspection of the means of transport shall be carried out 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 report in advance to the relevant frontier inspection station the time of departure and arrival of the outbound or inbound vessels, aircraft and trains from the port, the place of stay, the number of passengers and the cargo carried. 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 the border inspection station for handling the formalities of boarding and docking. If the formalities are not handled, it is not allowed to board and dock without authorization.
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 domestic passenger ships leaving or arriving at ports shall be inspected after departure and before departure, after entry and before entry inspection and during 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 an outbound or inbound means of transport is carrying persons who are not allowed to leave or enter the country, persons who illegally cross the country (frontier) and persons who do not hold valid exit or entry certificates, the person in charge of the means of transport shall be responsible for repatriating them and bear all expenses incurred therefrom.
Article 25 Any means of transport for exit or entry is under any of the following circumstances:; The frontier inspection station shall have the right to delay or prevent them from leaving or entering the country;
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 be carrying illegal exit or entry personnel;
5. Refusing to implement the punishment or handling decision made by the border inspection station according to law;
6. Changing the exit and entry ports 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 Exit and entry ships and aircraft that, due to unforeseen emergencies or force majeure reasons, enter areas outside the ports open to the outside world must immediately report to the nearby border inspection stations or the local public security organs and accept 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; The frontier inspection station carrying or transporting contraband goods shall detain the contraband goods and deal with the carrier and the person in charge of the means of transport carrying contraband goods in accordance with the provisions of relevant laws and administrative regulations.
Article 29 No one may illegally carry out of the country documents, materials and other articles classified as state secrets; If anyone illegally carries documents and 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 them to the frontier 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 Those who assist others to illegally exit or enter the country, if the circumstances are not serious enough to constitute a crime, shall be fined between 2000 yuan and 10000 yuan; The illegal gains, if any, shall be confiscated.
Article 34 Those who carry or consign guns and ammunition out of or into China without approval shall have their guns and ammunition confiscated and be fined between 1000 yuan and 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 after entering, disturbing the order of port administration;
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 per person.
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 frontier inspection personnel in accordance with regulations. Or refuse to assist in inspection;
3. The means of transport, after entering the country and before the entry inspection and after the exit inspection and before leaving the country, load and unload articles without permission from the border inspection station;
Article 38 If a means of transport is found to be in any of the following circumstances, its responsible person shall be given a warning and fined between 500 yuan and 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 berthing foreign ships without approval;
Article 39 If an outbound or inbound ship or aircraft, due to unforeseen emergencies or force majeure reasons, enters an area outside a port open to the outside world and fails to report to the nearby border inspection station or the local public security organ without justified reasons, or fails to leave according to the time and route notified after the reason for entering disappears, The responsible person shall be fined less than 10000 yuan.
Article 40 When imposing fines and confiscations, border inspection posts shall issue receipts to the penalized persons, and the fines 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:
1. "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).
2. "Means of transport for entry and exit" means all vessels, aircraft, fire engines, motor vehicles and livestock that leave, enter or pass through the territory of the People's Republic of China (frontier).
3. "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, 1965. 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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