Regulations of the People’sRepublic of China on Administration of the Entry and Exit of Foreigners
Decree of theState Council of the People’s Republic of China (No. 637)
The Regulationsof the People’s Republic of China on Administration of the Entry and Exit ofForeigners, adopted at the 15th Executive Meeting of the State Council on July3, 2013, are hereby promulgated and shall be effective from and after September1, 2013.
Li Keqiang
Premier of the People’s Republic of China
July 12, 2013
ChapterⅠGeneral Provisions
Article 1TheseRegulations are formulated in accordance with the Exit and Entry AdministrationLaw of the People’s Republic of China (hereinafter referred to as the Exit andEntry Administration Law), for the purpose of regulating the issuance of visasand provision of services to, and administration of affairs of, foreigners whostay or reside within the territory of China.
Article 2The Stateestablishes a mechanism for coordinating the services and administration inrespect of the entry and exit of foreigners, in order to improve the overallarrangement, coordination and cooperation in this field.
The people’sgovernments of provinces, autonomous regions, and municipalities directly underthe Central Government may, where necessary, establish mechanisms for coordinatingthe services and administration in respect of the entry and exit of foreigners,in order to increase exchange of information and facilitate coordination andcooperation, and provide services and administration within their respectiveadministrative regions.
Article 3The Ministryof Public Security shall, in conjunction with the relevant departments of theState Council, establish a platform of information concerning the services andadministration in respect of the entry and exit of foreigners in order to shareinformation in this field.
Article 4In issuingvisas and in administering the stay and residence of foreigners within theterritory of China, the Ministry of Foreign Affairs, the Ministry of PublicSecurity and other departments of the State Council shall, on their portals andwebsites and at the places where exit or entry applications are accepted, makeavailable the laws and regulations on the administration of the entry and exitof foreigners and other information that foreigners need to know.
ChapterⅡCategories and Issuance of Visas
Article 5The scope andmeasures for issuance of diplomatic, courtesy and official visas shall bespecified by the Ministry of Foreign Affairs.
Article 6Ordinary visasare divided into the following categories and shall be marked withcorresponding letters in the Chinese phonetic alphabet:
(1) The C visais 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 visais issued to persons who come to China for permanent residence;
(3) The F visais issued to persons who come to China for exchanges, visits, study tours orother relevant activities;
(4) The G visais issued to persons who transit through China;
(5) The J1 visais issued to resident foreign journalists of permanent offices of foreign newsagencies in China; the J2 visa is for foreign journalists who come to China forshort-term news coverage;
(6) The L visais issued to persons who come to China for travel; persons who come to Chinafor group travel can be issued Group L visas;
(7) The M visais issued to persons who come to China for commercial trade activities;
(8) The Q1 visais issued to family members of Chinese citizens and family members offoreigners with permanent residence status in China who apply for residence inChina for family reunion, as well as for persons who apply for residence inChina for fosterage or other purposes; the Q2 visa is for relatives of Chinesecitizens living in China, or relatives of foreigners with permanent residencestatus in China, who apply for a short-term visit;
(9) The R visais issued to foreigners of high talent who are needed, or specialists who areurgently needed, by the State;
(10) The S1visa is issued to the spouses, parents, children under the age of 18 orparents-in-law of foreigners residing in China for work, study or otherpurposes who apply for a long-term visit to China, as well as for persons whoneed to reside in China for other personal matters; the S2 visa is for familymembers of foreigners staying or residing in China for work, study or other purposeswho apply for a short-term visit to China, as well as for persons who need tostay in China for other personal matters;
(11) The X1visa is issued to persons who apply for long-term study in China; the X2 visais for persons who apply for short-term study in China; and
(12) The Z visais issued to persons who apply for work in China.
Article 7A foreignerapplying for a visa shall fill out the application form, and submit his or herpassport or other international travel documents, qualified photos, andmaterial relating to the purpose of application.
(1) To applyfor the C visa, the applicant shall submit the letter of guarantee provided bya foreign transportation company or the letter of invitation provided by theentity concerned in China;
(2) To applyfor the D visa, the applicant shall submit the form issued by the Ministry ofPublic Security confirming his or her permanent residence status;
(3) To applyfor the F visa, the applicant shall submit the invitation letter provided bythe inviting party in China;
(4) To applyfor the G visa, the applicant shall submit a through ticket (air, road, rail orsea) to another country or region with the date and seat number on it;
(5) To applyfor the J1 or J2 visa, the applicant shall go through the formalities ofexamination and approval in accordance with the Chinese provisions on newscoverage by permanent offices of foreign news agencies in China and by foreignjournalists, and submit the relevant application material;
(6) To applyfor the L visa, the applicant shall, as required, submit travel plans anditinerary and other material; in the case of a group tour, the applicant shallalso submit the letter of invitation provided by the travel agency;
(7) To applyfor the M visa, the applicant shall, as required, submit the letter ofinvitation provided by the commercial or trade partner in China;
(8) To applyfor the Q1 visa, in the case of applying for residence in China for familyreunion, the applicant shall submit the invitation letter provided by theChinese citizen living in China or by the foreigner with permanent residencestatus in China and proof of family relationship; and in the case of applyingfor entry for fosterage or other purposes, the applicant shall submit such certificationdocuments as a power of attorney; to apply for the Q2 visa, the applicant shallsubmit such certification documents as the letter of invitation provided by theChinese citizen living in China or by the foreigner with permanent residencestatus in China;
(9) To applyfor the R visa, the applicant shall meet the qualifications and requirementsset by the competent authorities of the Chinese government for inviting personsof high talent or urgently needed specialists, and the applicant shall, in accordancewith relevant provisions, submit the relevant certification documents;
(10) To applyfor the S1 or S2 visa, the applicant shall, as required, submit the invitationletter provided by the foreigner staying or residing in China for work, studyor other purposes and proof of family relationship, or the certificationdocuments required for dealing with personal matters in China;
(11) To applyfor the X1 visa, the applicant shall, in accordance with relevant provisions,submit the admission notice issued by the admission institution and thecertification documents provided by the competent authority; to apply for theX2 visa, the applicant shall, in accordance with relevant provisions, submitsuch certification documents as the admission notice issued by the admissioninstitution; and
(12) To applyfor the Z visa, the applicant shall, in accordance with relevant provisions,submit the work permit and other certification documents.
The visaauthority may, in light of specific cases, require a foreigner to submitadditional application material.
Article 8In one of thefollowing circumstances, a foreigner shall be interviewed as required by thevisa authority abroad:
(1) Theapplicant applies for entry into China for residence;
(2) Informationabout the applicant’s personal identity or his or her purpose of entry requiresfurther verification;
(3) Theapplicant has a record of being denied entry into China or ordered to exitChina within the prescribed time limit; or
(4) Othercircumstances where an interview is necessary.
Where the visaauthority abroad requires relevant departments or entities in China to helpwith the verification of relevant information, the latter shall cooperate.
Article 9Where the visaauthority, upon examination, deems the applicant to be eligible for beingissued a visa, it shall issue to the applicant the appropriate category ofvisa. Where the applicant needs to obtain a residence permit after entry, thevisa authority shall specify on the visa the time limit for applying for suchpermit after entry.
ChapterⅢAdministration of Stay and Residence
Article 10Where, afterentry with a visa, a foreigner changes his or her purpose of stay or is grantedentry conveniences in accordance with relevant provisions of the State, orwhere a foreigner starts using a new passport or needs to stay separately fromhis or her tour group after entering China with a group visa due to objectivereasons, the applicant may apply to the exit and entry administration authorityof the public security organ of the local people’s government at or above thecounty level in the place of his or her stay for a change of visa.
Article 11Where the visaof a foreigner in China is lost, damaged, destroyed, stolen or robbed, theapplicant shall, in a timely manner, apply to the exit and entry administrationauthority of the public security organ of the local people’s government at orabove the county level in the place of his or her stay for reissuance of thevisa.
Article 12To apply forextension, change or reissuance of a visa, or for a stay permit, a foreignershall fill out an application form and submit his or her passport or otherinternational travel documents, qualified photos, and material relating to thepurpose of application.
Article 13Where aforeigner’s application for extension, change or reissuance of a visa, or for astay permit, meets the acceptance provisions, the exit and entry administrationauthority of the public security organ shall issue a receipt of acceptance validfor a period of time not exceeding 7 days, and make a decision on whether toissue the visa within the validity period of the receipt of acceptance.
Where theprocedures 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 torelevant provisions, the exit and entry administration authority of the publicsecurity organ shall, in a one-off manner, notify the applicant of theprocedure(s) to be followed and the material to be supplemented and corrected.
During theperiod of time when the applicant’s passport or other international traveldocuments are retained for processing his or her application for a visa orpermit, the applicant may stay in China legally on the strength of the receiptof acceptance.
Article 14The decisionmade by the exit and entry administration authority of the public securityorgan to extend the duration of stay specified in a visa is only valid for thecurrent entry and does not affect the number of entries or the validity periodof the entry specified in the visa. However, the total period of extensionshall not exceed the original duration of stay specified in the visa.
When theduration of stay specified in the visa is extended, a foreigner shall adhere tothe purpose specified in the original visa and stay within the extendedduration of stay.
Article 15Residencepermits are divided into the following types:
(1) Theresidence permit for work is issued to persons who work in China;
(2) Theresidence permit for study is issued to persons who pursue long-term studies inChina;
(3) Theresidence permit for journalists is issued to resident foreign journalists ofpermanent offices of foreign news agencies in China;
(4) The residencepermit for reunion is issued to family members of Chinese citizens and familymembers of foreigners with permanent residence status in China who need toreside in China for family reunion, and to persons who need to reside in Chinafor fosterage or other purposes; and
(5) Theresidence permit for personal matters is issued to spouses, parents, childrenunder 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 forpersons who need to reside in China for other personal matters.
Article 16A foreignerapplying for a residence permit shall submit his or her passport or otherinternational travel documents, qualified photos, and material relating to thepurpose of application, go through the relevant formalities in person with theexit and entry administration authority of the public security organ of thelocal people’s government at or above the county level in the proposed placesof his or her residence, and provide biometric identification information suchas fingerprints thereto.
(1) To applyfor a residence permit for work, the applicant shall submit such certificationdocuments as a work permit; in the case of a person of high talent who isneeded or, a specialist who is urgently needed, by the State, the applicantshall submit relevant certification documents in accordance with relevantprovisions;
(2) To applyfor a residence permit for study, the applicant shall, in accordance withrelevant provisions, submit such certification documents as a letter indicatingthe duration of study provided by the admission institution;
(3) To applyfor a residence permit for journalists, the applicant shall submit the letterprovided and the Press Card issued by the competent department;
(4) To applyfor a residence permit for reunion, the applicant shall submit proof of familyrelationship and certification documents relating to the purpose ofapplication; if the applicant needs to reside in China for fosterage or otherpurposes, he or she shall submit such certification documents as a power of attorney;and
(5) To applyfor a residence permit for personal matters, in the case of a long-term visit,the applicant shall, as required, submit such certification documents as proofof kinship and the residence permit of the foreigner to be visited; to applyfor entry to deal with personal matters, the applicant shall submit thedocuments certifying the need to reside in China.
When applyingfor a residence permit valid for more than 1 year, a foreigner shall, inaccordance with relevant provisions, submit his or her health certificate. Ahealth certificate is valid for six months beginning from the date of issue.
Article 17To apply forextension, change or reissuance of a residence permit, a foreigner shall fillout an application form and submit his or her passport or other internationaltravel documents, qualified photos, and material relating to the purpose ofapplication.
Article 18Where aforeigner’s application for a residence permit or for extension, change orreissuance of a residence permit meets the acceptance provisions, the exit andentry administration authority of the public security organ shall issue areceipt of acceptance valid for a period not exceeding 15 days, and make adecision on whether to issue the visa within the validity period of the receiptof acceptance.
Where theprocedures followed or material submitted by a foreigner for a residence permitor for extension, change or reissuance of a residence permit does not conformto relevant provisions, the exit/entry administration authority of the publicsecurity organ shall, in a one-off manner, notify the applicant of theprocedure(s) to be followed and the material to be supplemented and corrected.
During theperiod of time when the applicant’s passport or other international traveldocuments are retained for processing his or her application for a residencepermit, the applicant may reside in China legally on the strength of thereceipt of acceptance.
Article 19In one of thefollowing circumstances, the inviting entity or individual, the relative of theapplicant or the specialized service agency concerned may apply for extension,change or reissuance of a visa or residence permit, or apply for a stay permiton behalf of the applicant:
(1) Theapplicant is under the age of 16 or over the age of 60 or it would undulyinconvenience the applicant due to illness or other reasons;
(2) Theapplicant’s current entry is not his or her first entry into China and theapplicant has a good record of stay or residence in China; or
(3) Theinviting entity or individual has guaranteed to cover the necessary expenses ofthe applicant incurred in China.
If theapplicant is a person of high talent who is needed, or a specialist who isurgently needed, by the State, or is in the circumstance prescribed bysubparagraph (1) of the preceding paragraph, the inviting entity or individual,the relative of the applicant or the specialized service agency concerned mayapply for a residence permit on his or her behalf.
Article 20The exit andentry administration authority of the public security organ may verify thepurpose of application through such means as interview, telephone inquiry andon-the-spot investigation, and the applicant as well as the entity orindividual that has provided the letter of invitation or certificationdocuments shall cooperate.
Article 21In one of thefollowing circumstances, the exit and entry administration authority of thepublic security organ shall not approve the application for extension, changeor reissuance of a visa or residence permit, or the application for a staypermit, submitted by a foreigner:
(1) Theapplicant fails to provide material supporting his or her application inaccordance with relevant provisions;
(2) Theapplicant has knowingly falsified information in the application process;
(3) Theapplicant is not eligible for staying or residing in China due to violation ofrelevant Chinese laws or administrative regulations; or
(4) Othercircumstances where it is not appropriate to approve the applicant’sapplication for extension, change or reissuance of a visa or residence permit,or for issuance of a stay permit.
Article 22Where aforeigner holding a residence permit for study intends to engage in off-campuswork-study or internship, he or she shall, upon the approval of the school,apply to the exit and entry administration authority of the public securityorgan to have such information as the location and duration of the work-studyprogram or internship placement specified in his or her residence permit.
A foreignerholding a residence permit for study shall not engage in any off-campuswork-study or internship unless the information prescribed in the precedingparagraph is specified in his or her residence permit.
Article 23A foreignerwho does not hold a valid passport or other international travel documents dueto loss, damage, destruction, theft, robbery or other reasons and cannot getthe said passport or documents reissued by the relevant institution of his owncountry stationed in China may apply for exit formalities to the exit and entryadministration authority of the public security organ of the local people’sgovernment at or above the county level in the place of his or her stay orresidence.
Article 24A foreignerwhose area of stay is specified in his exit and entry documents or a foreignerwho is approved temporary entry into China with restrictions on area of stay bythe exit and entry border inspection authority shall stay in the specified orrestricted area.
Article 25In one of thefollowing circumstances, a foreigner shall be deemed to be residing in Chinaillegally:
(1) Theapplicant’s stay or residence exceeds the duration specified in his or hervisa, stay permit or residence permit;
(2) Theapplicant overstays the visa-free period and fails to obtain a stay permit orresidence permit;
(3) Theactivities of the applicant go beyond the restricted area of stay or residence;or
(4) Othercircumstances where foreigners reside illegally.
Article 26Upon discoveryof one of the following circumstances, the entity that employs a foreigner oradmits a foreign student shall, in a timely manner, report to the exit andentry administration authority of the public security organ of the local people’sgovernment at or above the county level:
(1) A foreigneremployed resigns or changes employment location;
(2) A foreignstudent admitted has graduated, completed his or her course(s) or study, hasquit school, or has left the school ungraduated;
(3) A foreigneremployed or a foreign student admitted violates the provisions onadministration of exit and entry; or
(4) A foreigneremployed or a foreign student admitted dies, disappears or other seriouscircumstances arise.
Article 27Where necessary,finance, education, medical, telecommunications or other entities may, forbusiness purposes, apply to the exit and entry administration authority of thepublic security organ for verifying the information of a foreigner’s identity.
Article 28The stay orresidence permits for foreigners who need to stay or reside in China fordiplomatic or official purposes shall be issued and administered in accordancewith the provisions of the Ministry of Foreign Affairs.
ChapterⅣInvestigation and Repatriation
Article 29Publicsecurity organs may establish places for repatriation in light of actual needs.
A foreigner whois to be detained for investigation in accordance with the provisions ofArticle 60 of the Exit and Entry Administration Law shall be sent to adetention house or a place of repatriation within 24 hours of his or herdetention.
Where, aforeigner cannot be repatriated or deported immediately due to weather, his orher health or other reasons, he or she shall be detained in a detention houseor a place of repatriation with relevant legal instruments.
Article 30Where aforeigner’s scope of activities is to be restricted in accordance with theprovisions of Article 61 of the Exit and Entry Administration Law, a writtendecision on such restriction(s) shall be issued. The foreigner subject to therestriction(s) shall report to the public security organ at the designated timeand, without approval of the decision-making organ, he or she shall not changehis living residence or leave the restricted area.
Article 31Where aforeigner is to be repatriated in accordance with the provisions of Article 62of the Exit and Entry Administration Law, the organ that makes the decision onhis or her repatriation shall, in accordance with law, decide on the specificduration of time in which the said foreigner shall not be allowed to enterChina.
Article 32A foreignerwho is subject to repatriation shall bear the related expenses. If he or she isnot able to do so, the entity or individual that employed him or her shall bearthe expenses in the case of illegal employment; in other circumstances, theentity or individual that has guaranteed to cover the expenses of the foreignerduring his or her stay or residence in China shall bear the expenses.
Repatriation offoreigners shall be carried out by the public security organs of the localpeople’s governments at or above the county level or the exit and entry borderinspection authorities.
Article 33Where it isdecided that a foreigner will exit China within a certain time limit, thedecision-making authority shall, after cancelling or confiscating his or heroriginal exit and entry documents, go through the formalities for his or herstay in China and set the time limit for his or her exit. The time limit shallnot exceed 15 days.
Article 34In one of thefollowing circumstances, the visa, stay permit or residence permit held by aforeigner shall be declared null and void by the issuing authority:
(1) His or hervisa, stay permit or residence permit is lost, damaged, destroyed, stolen orrobbed;
(2) The timelimit for his or her exit, repatriation or deportation from China has beendecided, and his or her visa, stay permit or residence permit has not beenconfiscated or cancelled;
(3) The originalpurpose of residence has been changed, but he or she fails to report to theexit and entry administration authority of the public security organ within theprescribed time limit and fails to do so even after the said organ has given apublic notice thereon; or
(4)Circumstances in which a visa or residence permit shall not be issued asprescribed by the provisions of Article 21 or Article 31 of the Exit and EntryAdministration Law.
Where theissuing authority is to declare a visa, stay permit or residence permit nulland void in accordance with law, it may do so on the spot or through a publicnotice.
Article 35In one of thefollowing circumstances, the visa, stay permit or residence permit held by aforeigner shall be cancelled or confiscated by a public security organ:
(1) The issuingauthority declares it null and void, or it is being used fraudulently bysomeone else;
(2) It isforged, altered, or obtained by fraud or other illegal means; or
(3) The holderhas been decided on a time for exit, repatriation or deportation from China.
The authoritythat makes a decision on cancellation or confiscation of a visa, stay permit orresidence permit shall, in a timely manner, notify the issuing authority.
ChapterⅤSupplementary Provisions
Article 36Meaning ofterms in these Regulations:
(1) The numberof entries specified in the visa means the number of times that the visa holdermay enter China within the validity period of the entry specified in the visa;
(2) Thevalidity period of the entry specified in the visa means the valid period oftime during which the visa holder may enter China. Unless otherwise specifiedby the issuing authority, a visa is valid from the date of issuance untilBeijing time 24:00 on the expiring day;
(3) Theduration of stay specified in the visa means the period of time during whichthe visa holder is allowed to stay in China after each entry. It begins fromthe next day of entry;
(4) Short-termmeans staying in China for a period not exceeding 180 days (including 180days); and
(5) Long-termor resident means residing in China for a period exceeding 180 days.
The period oftime for examination and approval or the validity period of the receipt ofacceptance of the exit and entry administration authority of the publicsecurity organ in these Regulations is calculated in terms of working days,excluding legal holidays.
Article 37With theapproval of the Ministry of Foreign Affairs, the visa authorities abroad mayentrust local institutions with services, such as receiving of visa applicationmaterial, data input and consultancy.
Article 38The format ofvisas shall be prescribed by the Ministry of Foreign Affairs in conjunctionwith the Ministry of Public Security. The formats of stay permits and residencepermits shall be prescribed by the Ministry of Public Security.
Article 39TheseRegulations shall be effective as of September 1, 2013. The Rules on theImplementation of the Law of the People’s Republic of China on the Entry andExit of Aliens, approved by the State Council on December 3, 1986, promulgatedby the Ministry of Public Security and the Ministry of Foreign Affairs onDecember 27, 1986, and revised by the State Council respectively on July 13,1994 and April 24, 2010, shall be repealed simultaneously.
