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Exit and Entry Administration Law of the People's Republic of China

General Provisions

Article 1 In order to regulate exit/entry administration, safeguard the sovereignty, security and social order of the People's Republic of China, and promote foreign exchanges and opening to the outside world, this Law is hereby formulated.

Article 2 This Law is applicable to the administration of exit and entry of Chinese citizens, entry and exit of foreigners, stay and residence of foreigners in China, and the exit/entry border inspection of transport vehicles.

Article 3 The State protects Chinese citizens' legitimate rights and interests of exiting and entering the country.

The legitimate rights and interests of foreigners in China shall be protected by laws. Foreigners in China shall abide by the Chinese laws, and shall not endanger China's national security, harm public interests and disrupt social and public order.

Article 4 The Ministry of Public Security and the Ministry of Foreign Affairs shall, within the scope of their respective responsibilities, be responsible for administering exit/entry affairs.

Embassies and consulates of the People's Republic of China and other institutions stationed abroad entrusted by the Ministry of Foreign Affairs (hereinafter referred to as  'the visa-issuing authorities abroad') shall be responsible for issuance of entry visas to foreigners. Exit/entry border inspection authorities shall be responsible for carrying out exit/entry border inspection. Public security organs under local people's governments at or above the county level and their exit/entry administrations shall be responsible for the administration of the stay and residence of foreigners.

The Ministry of Public Security and the Ministry of Foreign Affairs may, within the scope of their respective responsibilities, entrust exit/entry administrations of public security organs or foreign affairs departments under local people's governments at or above the county level to accept foreigners' applications for entry, stay and residence in China.

In the administration of exit/entry affairs, the Ministry of Public Security and the Ministry of Foreign Affairs shall strengthen communication and cooperation, cooperate closely with relevant departments under the State Council, and exercise functions and powers and bear liabilities within the scope of their respective responsibilities in accordance with the law.

Article 5 The State shall establish a uniform exit/entry administration information platform to share information among relevant administrative departments.

Article 6 The State shall establish exit/entry border inspection authorities at the ports open to foreign countries.

Chinese citizens, foreigners as well as transport vehicles shall exit or enter China via the ports open to foreign countries, or via the places approved by the State Council or by the departments authorized by the State Council under special circumstances. Personnel and transport vehicles that exit or enter China shall be subject to exit/entry border inspection.

Exit/entry border inspection authorities shall be responsible for relevant administration work in the restricted zones of ports. On the basis of the need for safeguarding national security and maintaining the order of exit/entry administration, exit/entry border inspection authorities may conduct border inspection on the belongings of the persons who exit or enter China. When necessary, exit/entry border inspection authorities may conduct border inspection on the goods carried by transport vehicles that exit or enter China. However, exit/entry border inspection authorities shall notify the Customs of such inspections.

Article 7 Upon approval by the State Council, the Ministry of Public Security and the Ministry of Foreign Affairs may, on the basis of the need for exit/entry administration, set forth regulations on the collection and keep of fingerprints and other biometric identification information of the persons who exit or enter China.

Where foreign governments have special regulations on issuing visas to Chinese citizens or the exit/entry administration of Chinese citizens, the Chinese government may, as the circumstances require, take corresponding and equivalent measures.

Article 8 Departments and institutions that are responsible for the exit/entry administration shall take practical measures, constantly improve service and administration, enforce laws impartially, provide convenient and efficient service and ensure the security and conveyance of the exit/entry procedures.

Exit and Entry of Chinese Citizens

Article 9 Chinese citizens who exit or enter China shall, in accordance with the law, apply for passports or other travel documents.

Chinese citizens bound for other countries or regions shall obtain visas or other entry permits from destination countries, unless the Chinese government has signed visa exemption agreements with the governments of those countries, or otherwise stipulated by the Ministry of Public Security and the Ministry of Foreign Affairs.

Chinese citizens who exit or enter China as seamen or work on foreign ships shall apply for seamen's certificates in accordance with the law.

Article 10 Chinese citizens who travel between the Mainland and the Hong Kong Special Administrative Region, between the Mainland and the Macao Special Administrative Region, and between the Mainland and Taiwan Region, shall apply for exit/entry permits in accordance with the law, and abide by the relevant provisions of this Law. The specific administrative measures shall be stipulated by the State Council.

Article 11 Chinese citizens who exit or enter China shall submit their exit/entry documents such as passports or other travel documents to the exit/entry border inspection authorities for examination, go through the prescribed formalities, and may exit or enter upon examination and approval.

For ports that meet relevant conditions, exit/entry border inspection authorities shall provide convenience such as special lanes for the exit and entry of Chinese citizens.

Article 12 Under any of the following circumstances, Chinese citizens are not allowed to exit China:

(1) Hold no valid exit/entry documents, or refuse or evade border inspection;
(2) Are sentenced to criminal punishments, the execution of which have not been completed, or are suspects or defendants in criminal cases;
(3) Are involved in unsettled civil cases and not allowed to exit China upon decision of the people's courts;
(4) Are subject to criminal punishment for impairing border administration, or are repatriated by other countries or regions due to illegal exit from China, illegal residence or illegal employment, and the No-Exit-from-China period has not expired;
(5) May endanger national security or interests, and are not allowed to exit China upon decision by competent departments under the State Council; or
(6) Other circumstances in which exit from China is not allowed in accordance with laws or administrative regulations.

Article 13 Chinese citizens residing abroad who desire to return to China for permanent residence shall, prior to the entry, file applications with Chinese embassies or consulates or other institutions stationed abroad entrusted by the Ministry of Foreign Affairs. They may also file such applications to the overseas Chinese affairs departments under the local people's governments at or above the county level of the proposed places of permanent residence on their own or via their relatives in China.

Article 14 When handling financial affairs or affairs involving education, medical treatment, transportation, telecommunications, social insurance or property registration, where identity certificates are required, Chinese citizens residing abroad may provide their passports for proof of identity.