Law of the People’s Republic of China on Control of the Entry and Exit of Aliens Ⅰ
Date:2013-01-16 15:36 source:en.luan.gov.cn visits:

 

  (Adopted by the Standing Committee of the Sixth National People's congress at its Thirteenth Session on 22 November 1985)
  Chapter I GENERAL PROVISIONS
  Article 1 The present Law is enacted for the purpose of safeguarding the sovereignty and maintaining the security and public order of the People's Republic of China and facilitating international exchanges.
  The present Law shall apply to aliens entering, leaving or passing through the territory of the People's Republic of China and to aliens residing or traveling in China.
  Article 2 Permission must be obtained from the competent authorities of the Chinese Government by aliens for their entry, transit and residence in china.
  Article 3 For entry, exit and transit, aliens shall pass through the ports open to aliens or other designated ports and shall be subject to inspection at border check posts.
  For entry, exit and transit, aliens' means of transport shall pass through the ports open to aliens or other designated ports and shall be subject to inspection and supervision at border check posts.
  Article 4 The Chinese Government protects the legitimate rights and interests of aliens within Chinese territory.
  The personal freedom of aliens shall be inviolable. Aliens shall not be liable to arrest unless a warrant or decision is made by a people's procuratorate or a decision is made by a people's court and such a warrant or decision is executed by a public security organ or state security organ.
  Article 5 Aliens in China shall abide by Chinese law and shall not endanger the national security of China, harm its public interests or disturb its public order.
  Chapter II ENTRY
  Article 6 For entry into China, aliens shall apply for visas to the Chinese diplomatic missions or consular posts or other agencies abroad authorized by the Ministry of Foreign Affairs of the P.R.C. In specific situations and in compliance with the stipulations of the State Council, aliens may also apply for visas to visa offices at the ports designated by the competent authorities of the Chinese Government.
  The entry of nationals of a country having visa agreement with the Chinese Government shall be dealt with in accordance with the said agreement.
  In cases where a country has special regulations regarding the entry and transit of Chinese citizens, the competent authorities of the Chinese Government may take corresponding measures contingent on the circumstances.
  Visas are not required for aliens in immediate transit on continued international flights, who stay not more than 24 hours within the airport in China. Permission may be obtained from the border check posts for aliens wishing to leave the airport temporarily.
  Article 7 In applying for visas, aliens shall present valid passports and, if necessary, provide pertinent certificates.
  Article 8 Aliens invited or employed to work in China shall, in applying for visas, produce letter of invitation or employment.
  Article 9 Aliens wishing to reside in China permanently shall, in applying for visas, present residence confirmation forms, which may be obtained upon application from the public security organs at the intended places of residence.
  Article 10 The competent authorities of the China Government shall issue appropriate visas to aliens wishing to enter China in the light of each case of application.
  Article 11 When an aircraft or a vessel operating international services arrives at a Chinese Port, the captain or his agent must submit a passenger list to the border check post, and, in the case of a foreign aircraft or vessel, must provide a list of crew members as well.
  Article 12 An alien considered a potential threat to China's national security and public order shall not be permitted to enter China.
  Chapter III RESIDENCE
  Article 13 Aliens residing in China shall possess identity cards or residence certificates issued by the competent authorities of the Chinese Government.
  The term of validity of an identity card or residence certificate shall be decided in the light of each case of entry.
  Aliens residing in China shall submit certificates for examination to the local public security organs within the prescribed period of time.
  Article 14 Aliens who, in compliance with Chinese law, wish to have long-term residence in China for the purpose of investing in China or engaging in cooperative projects with Chinese enterprises or institutions in the economic, scientific-technological and cultural fields or for other purposes may be granted the status of long-term or permanent residence upon approval by the competent authorities of the Chinese Government.
  Article 15 An alien who seeks asylum for political reasons shall be permitted to reside in China upon approval by the competent authorities of the Chinese Government.
  Article 16 In the case of an alien who fails to abide by Chinese law, his period of stay in China may be shortened or his status of residence in China annulled by the competent authorities of the Chinese Government.
  Article 17 Aliens wishing to make temporary overnight stay in China shall complete registration procedures pursuant to the relevant stipulations.
  Article 18 Aliens holding residence certificates who wish to change places of residence in China shall complete removal formalities pursuant to the relevant stipulations.
  Article 19 Aliens who have no residence certificates or are on a study program in China shall not be employed in China without permission of the competent authorities of the Chinese Government.