The Regulation of the People's Republic of China on the Administration of the Entry and Exit of Foreign Nationals
(Adopted at the 15th executive meeting of the State Council on July 3, 2013, issued in the form of Order of the State Council of the People's Republic of China(No.637)on July 12,2013, and came into force on September 1, 2013)
Chapter 1. General Provisions
Article 1. These regulations have been formulated in accordance with the "Exit-Entry Administration Law of the People's Republic of China" (hereinafter, the Exit-Entry Administration Law") to regulate the issuance of visas and the service and administration of the stay and residence of foreigners within China's borders.
Article 2. The nation has established mechanisms to coordinate the service and administration of border entry to and exit by foreigners in order to strengthen the overall work plan, coordination, and cooperation in service to and administration of the entry and exit of foreigners.
Article 3. The Ministry of Public Security should, together with concerned departments of the State Council, establish a foreigner border entry and exit service and administration information platform and implement sharing of related information.
Article 4. In carrying out their work of administering the issuance of visas and administering the stay and residence of foreigners within China's borders, The Ministry of Foreign Affairs, Ministry of Public Security, and various State Council departments should provide on their web portals information about the places for accepting applications for border exit and entry, copies of the regulations on foreigners' border entry and exit, and other topics that foreigners need to know.
Chapter 2. Visa Classifications and Issuance
Article 5. The Ministry of Foreign Affairs should formulate regulations regarding the scope and method of issuance of diplomatic visas, courtesy visas, and official business visas.
Article 6. Ordinary visas are divided into the following classifications, which should be indicated by the corresponding pinyin letter on the face of the visa:
(1) C visas will be issued to international train attendants, international air crew members, seamen operating international services and their accompanying family members, and car drivers engaging in international road transportation.
(2) D visas will be issued to persons are entering as permanent residents.
(3) F visas will be issued to persons engaged in exchanges, visits, inspections, etc.
(4) G visas will be issued to persons passing through China.
(5) J1 visas will be issued to resident foreign correspondents of foreign news organizations resident in China; J2 visas will be issued to foreign correspondents who make short trips to China to gather and report news.
(6) L visas will be given to persons who come to China for tourism; tourist groups may be issued group L visas.
(7) M visas will be issued to persons who come for business or commercial activities.
(8) Q1 visas will be issued to the relatives of Chinese citizens applying to enter and reside in China for purposes of family reunion, to the relatives of persons who have qualified for permanent residence in China, and to persons applying to enter and reside in China for purposes such as foster care; Q2 visas will be issued to the relatives of Chinese citizens and of persons qualified for permanent residence in China who are applying to enter and stay for a short period to visit relatives.
(9) R visas will be issued to foreign high-level talents that China needs and to specialized talents that are urgently needed due to short supply.
(10) S1 visas will be issued for purposes of entry and long-term family visits with foreigners residing in China for work, study, etc. by a spouse, parents, children under age 18, parents-in-law , and other persons who need to reside in China for private purposes; S2 visas will be issued to persons applying for entry and short-term visits with foreigners staying or residing in China for work, study, etc. by relatives and other persons who need to stay in China for private purposes.
(11) X1 visas will be issued to persons applying for long-term study in China; X2 visas will be issued to persons applying for short-term study in China.
(12) Z visas will be issued to persons applying to work in China.
Article 7. To apply for a visa, a foreigner shall fill in the application form, submit his or her own passport or other international travel certificate and a photo meeting regulatory requirements, with documents relevant to the travel purpose.
(1) A C visa applicant shall provide a letter of guarantee issued by foreign transportation company or an invitation Letter issued by a related Chinese domestic company.
(2) A D visa applicant shall provide an Alien Permanent Resident Status Confirmation Form issued by the Ministry of Public Security.
(3) An F visa applicant shall provide an invitation letter issued by a domestic Chinese party.
(4) A G visa applicant shall provide an airplane, vehicle, or boat ticket for a connecting trip to a destination in the destination country (or region) with a confirmed date and seat.
(5) A J1 or J2 visa applicant shall follow the approval procedures and provide relevant application documents according to the relevant regulations covering permanent offices of foreign news agencies and reporting by foreign journalists.
(6) An L visa applicant shall provide a travel itinerary and other related documents as required. A tour group coming to China for travel should also provide an invitation letter issued by a travel agency.
(7) An M visa applicant shall provide an invitation letter issued by a Chinese business or trading partner.
(8) A Q1 visa applicant, if applying to enter and reside in China for purposes of family reunion, should submit an invitation letter by a Chinese citizen residing domestically. If coming for purposes of adoption, provide a power of attorney, etc. A Q2 visa applicant shall submit an invitation letter and other evidence from a person who lives in China and is either a Chinese citizen or a foreigner who has permanent residence status.
(9) An R visa applicant should be confirmed to meet conditions and requirements of a responsible department of the Chinese government to be a high-level foreign talent or an urgently needed specialist in short supply, and shall submit evidence corresponding to regulations.
(10) An S1 or S2 visa applicant shall provide an invitation letter and proof of relationship, per regulations, from a foreigner who is staying or residing in China for purposes or study or work, etc.; or if coming for purposes of handling private affairs, shall provide other required evidence.
(11) An X1 visa applicant shall submit a letter of admission issued by the recruiting work unit and related documents issued by an administration department, per regulations. An X2 visa applicant shall provide a letter of admission and other documents issued by a recruitment unit, per regulations.
(12) A Z visa applicant shall provide the required employment license and related documents, per regulations.
Visa agencies may require a foreigner to provide other application documents in accordance with specific conditions.
Article 8. In the following circumstances, a foreigner should submit to an interview per visa agency requirements:
(1) if applying entry and residence;
(2) if the applicant's identity and the purpose of entry need to be verified;
(3) if the applicant has been refused entry previously, or has been required to depart within in a particular period of time; or
(4) if there are other circumstances making it necessary to hold an interview.Related government departments and work units in China should cooperate if an overseas visa agency needs to verify information.
Article 9. Qualified applicants will be issued relevant visas by the visa agencies. For foreigners who need to apply for residence certificates , their visa notations will show the period during which they should apply for the residence certificates.
Chapter 3. Administration of Stay and Residence
Article 10. Foreigners who have entered China with visas may apply for replacement visas, in accordance with national regulations, if they seek to change their stay purpose, seek to facilitate reentry to China, have a new passport, or have entered China with a group visa but for objective reasons need to stay separately from the group. They should apply to local exit and entry administration authorities in public security organs of local people's governments at the county level or higher at the place where they are staying.
Article 11. A foreigner in China whose visa has been lost, damaged, or stolen should promptly apply for a reissued visa from the exit and entry administration authority in a public security organ of a local people's government at or above the county level.
Article 12. Foreigners shall submit their visa extension, replacement, reissuance or stay certificate applications by filling in the application form and providing a passport or other international travel document, a photograph meeting regulatory requirements, and other documents relevant to their application purpose.
Article 13. The Public Security Bureau exit-entry administration shall accept qualified applications for visa extension, replacement, reissuance and stay certificates, shall issue an acceptance notice with a validity period of not more than 7 days, and shall make the decision whether to approve within the validity period of the acceptance notice.
The exit-entry administration authorities in public security organs shall notify foreigners about the application procedures and the correct application documents if their application materials for visa extension, replacement, reissuance or a stay certificate do not conform with regulations.
Foreigners whose passport or other international travel documents are held by the exit-administration bureau may rely on the acceptance notice to legally stay in China.
Article 14. The decision of exit-entry administration authorities in public security organs to extend the visa stay period, is only effective for this admittance to China. It does not affect the number of authorized entries or the entry validity period. Extension of the visa stay period will not exceed the stay period granted on visa.
After extension of the period of stay of a visa, a foreigner's stay should conform to the origina visa's purpose and the limit of the extended period of stay.
Article 15. Residence certificates are divided into the following categories:
(1) Residence certificates for employment, issued to foreigners who will work in China.
(2) Residence certificates for study, issued to foreigners who will study in China.
(3) Residence certificates for journalists, issued to foreign journalists who reside in China on behalf of permanent offices of foreign news agencies.
(4) Residence certificates for family reunion, issued to foreigners who need to reside in China for purposes of family reunion with relatives who are Chinese citizens or permanent residents, or who need to live in China because of adoption.
(5) Residence certificate for private affairs, issued to the spouse, parents, children under 18 years old, and parents-in-law of foreigners residing in China for purposes of work, study, etc., in order to allow such relatives to stay long-term. These certificates are also issued to foreigners who need to reside in China to deal with other private affairs.
Article 16. Foreigners shall submit their resident certificate applications to exit-entry administration authorities in public security organs where they reside by providing a valid passport or other international travel document, a photo that meets regulatory requirements, other documents relevant to the application's purpose, and biometrics information.
(1) Residence certificate for employment: provide the required work permit; high-level talent and professionals in short supply shall provide relevant evidence per regulations.
(2) Residence certificate for study: provide documentation from recruiting work unit showing the period of study.
(3) Residence certificate for journalist: provide the letter and press card issued by relevant administration authorities.
(4) Residence certificate for family reunion: foreigners who come to reside in China for family reunion shall provide documents to prove the relationship between family members and documents relevant to the purpose of the application. Aliens who come to reside in China for adoption shall provide a power of attorney, etc.
(5) Residence certificate for private affairs: provide proof of relationship and the residence certificate the person who will be visited if for long term visit. If coming for other private affairs, provide relevant evidence of the need to reside in China to handle those private affairs.
Foreigners applying for residence certificates valid for over 1 year shall provide health certificates per regulations. Health certificates will be valid for 6 months.
Article 17. To extend, replace or reissue the residence certificate, foreigners shall fill in the application form, provide a valid passport or other international travel document, a photo meeting regulatory requirements, and relevant documents showing the purpose of the application.
Article 18. The exit-entry administration authorities in public security organs shall accept a qualified residence certificate application for extension, replacement, reissuance, and issue the acceptance notice with the validity period no more than 15 days, and make the decision whether to approve within the validity period of the acceptance notice.
The exit-entry administration authorities in public security organs shall notify foreigners about the application procedures and the correct application documents if their residence certificate application materials for extension, replacement or reissuance do not conform with regulations.
Foreigners whose passport or other international travel documents are held by the exit-entry administration authority may rely on the acceptance notice to legally reside in China.
Article 19. A foreigner applying for a visa or residence certificate's extension, replacement, or reissuance, or applying for a stay certificate, may in the following circumstances may apply through the inviting work unit or individual, the applicant's relative, or a related specialized service agency:
(1) An alien under 16 years old or over age 60, or whose mobility is limited due to illness.
(2) An alien for whom it is not the first time entering China who has a good with good stay and residence record in China.
(3) A case where the work unit or an individual providing the invitation has guaranteed payment of the alien's expenses during the period of stay in China.
A foreigner applying for a residence certificate who is a national high-level foreign talent or urgently needed specialist or qualifies under Article 19(1), may apply through the inviting company or individual, the applicant's relative, or a related specialized service agency.
Article 20. The exit-entry administration authorities in public security organs may verify the truthfulness of a foreigner's application purpose through interview, phone calls or field investigation. The foreigner and the company or individual who provides the invitation letter or other documents should cooperate.
Article 21. Foreigners who fall within the following circumstances, are ineligible for the issuance of a visa, or residence certificate's extension, replacement or reissuance, or the issuance of a stay certificate:
(1) those who fail to submit relevant evidentiary materials according to the provisions;
(2) those who practice fraud in the application process;
(3) those who are in violation of relevant Chinese laws and administrative regulations or unsuitable for stay or residence in China; and
(4) those for whom other circumstances make it inappropriate to approve a visa or residence certificate's extension, replacement, or reissuance, or issue a stay certificate.
Article 22. A foreigner with a residence certificate for study who needs to take a part-time job or internship off campus shall obtain approval from the school, then apply to the exit-entry administration authorities in public security organs to add a notation to the residence certificate showing the part-time job or the location and period of internship off campus.
A foreigner with a residence certificate for study whose residence certificate does not have the above-mentioned notation is not allowed to take a part-time job or internship off campus.
Article 23. A foreigner whose valid passport or other international travel document has been lost, destroyed, or stolen, etc., and who is unable to apply a for a replacement at their own country's agency in China, may apply to undergo exit procedures at the county-level or higher people's government public security organ's Exit-Entry Administration where they stay or reside.
Article 24. Foreigners should stay within restricted areas if their exit-entry document clearly indicates an area within which to stay. Those who have been approved by the exit-entry frontier inspection organs for a temporary entry in a restricted area should stay in that area.
Article 25. In the following circumstances, a foreigner will be deemed to be residing illegally in China:
(1) A foreigner staying or residing beyond the period permitted by the visa or stay or residence certificate;
(2) A foreigner who was admitted without a visa who has remained in China beyond the visa-free period and fails to apply for a stay or residence certificate;
(3) An foreigner who moves beyond any area to which his or her stay is restricted; or
(4) A foreigner who engages in other illegal residence behaviors.
Article 26. The following circumstances should be promptly reported to local exit-entry administration authorities in public security organs by a work unit employing a foreigner or sponsoring a foreign student:
(1) The foreigner's employment ends or location changes;
(2) A recruited foreign student graduates, finishes a course, drops out, or leaves the school;
(3) The employed foreigner or foreign student violates the exit-entry regulations; or
(4) The employed foreigner or foreign student dies or is missing.
Article 27. If a finance, education, medical, or telecommunication work unit, etc. in the course of business needs to verify an alien's status, it may apply to the exit-entry administration authorities in public security organs.
Article 28. The issuance and management of stay and residence certificates for foreigners who are coming for diplomatic or official business shall be in accordance with regulations of the Ministry of Foreign Affairs.
Chapter 4. Investigation and Repatriation
Article 29. The public security organs may establish repatriation centers based on their actual needs.
When a decision is made to detain and investigate a foreigner in accordance with Article 60 of the Exit-Entry Administration Law, authorities shall send the detained foreigner to a detention center or repatriation center within 24 hours.
If deportation or expulsion cannot be carried out immediately due to the weather, a person's health status, etc., the foreigner shall to be sent to a repatriation center or detention center, based on the relevant legal documents.
Article 30. If a foreigner's scope of activities is restricted in accordance with Article 61 of Exit-Entry Administration Law, written notice of the restriction should be provided to the foreigner. Such a foreigner shall report to public security within a designated period. Unless approved by authorities, such a foreigner shall not change his or her place of residence or leave the designated area.
Article 31. In accordance with Article 61 of Exit-Entry Administration Law, authorities who make deportation decisions shall determine the period during which a deported foreigner may not be readmitted to the country.
Article 32. A foreigner is responsible to pay the costs related to his or her deportation. If the foreigner is unable to afford the expenses and has engaged in illegal employment, the work unit or individual employing the foreigner is responsible. In other circumstances, the work unit or individual that has made a guarantee is responsible for paying expenses related to the foreigner's residence in China.
Deportation or expulsion shall be carried out by the county-level public security organs of the local people's government or the exit-entry frontier inspection organization.
Article 33. When a foreigner is ordered to depart the country, the authorities who make decision to cancel or confiscate the foreigner's original border exit and entry certificate shall reissue the stay certificate with a time limit of not more than 15 days.
Article 34. The issuing authority shall declare invalid a visa or stay or residence certificate under any of the following circumstances:
(1) a visa, stay or residence certificate is damaged, lost, or stolen;
(2) An foreigner is ordered deported or to depart within a specified period, but his or her visa or residence or stay certificate has not been seized or canceled;
(3) The initial purpose of the foreigner's residence has changed, but the foreigner has not reported this to public security organ's exit-entry administration within the required period, or has not reported it after being warned to do so by the by the public security authority.
(4) The foreigner is refused a visa or residence certificate within the circumstances of the Article 21 or 31 of the Exit and Entry Administrative Law.
The issuing authority may, according to the law, declare invalid a visa or stay or residence permit. It may be declared invalid on the spot, or it can be done by announcement.
Article 35. A foreigner's visa or stay or residence certificate may be cancelled or confiscated under any of the following circumstances:
(1) It is declared invalid by the issuing authority or it was falsely used by others;
(2) It is forged or altered or obtained falsely or through other illegal means;
(3) The foreigner is ordered deported or to depart within a specified period.
The authorities who make the decision regarding cancellation or confiscation shall promptly notify the authority that issued the certificate.
Chapter 5. Supplementary Provisions
Article 36. The following definitions apply to terms used in these regulations:
(1) Number of entries for a visa means the number of times a visa holder can enter the country during the visa's validity period.
(2) The validity period of the visa means the period it is valid for the visa holder to enter the country with the visa. The visa is effective from the issuance date, unless indicated by the issuing authority, and expires at 2400 hours Beijing time on the expiration date.
(3) Duration of stay of the visa means the permitted period that the visa holder can stay after each entry and is calculated from the day following entry.
(4) Short term means staying in China for fewer than or equal to 180 days.
(5) Long term or residence means residing in China for more than 180 days.
The time limit for examination and approval and the validity period of the acceptance notice from the exit-entry administration authorities in public security organs stated in this regulation are calculated by working days, excluding legal holidays.
Article 37. If approved by the Ministry of Foreign Affairs, a visa office that is stationed abroad can delegate to local relevant organs responsibility for service work such as visa application acceptance, data input, consultation, etc.
Article 38. The format for visas shall be formulated by the Ministry of Foreign Affairs together with the Ministry of Public Security. The format for stay and residence certificates shall be formulated by the Ministry of Public Security.
Article 39. This regulation will be effective on September 1, 2013. The former Rules Governing the Implementation of the Law of the People's Republic of China on the Entry and Exit of Aliens, which were approved by the State Council on December 3, 1986, published by the Ministry of Public Security and the Ministry of Foreign Affairs on December 27, 1986, and revised by the State Council on July 13, 1994, and April 24, 2010, will be repealed at the same time.