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中华人民共和国公民出境入境管理法实施细则 RULES FOR IMPLEMENTATION OF THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE CONTROL OF THE EXIT AND ENTRY OF CITIZENS

2006-05-16 17:02   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council on December 3, 1986, promulgated by the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Communications on December 26, 1986, amended with the approval of the State Council on July 13, 1994 and promulgated by the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Communications on July 15, 1994)
颁布日期:19940715  实施日期:19940715  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Implementation Rules are formulated in accordance with the stipulations in Article 19 of the “Law of the People's Republic of China on the Control of the Exit and Entry of Citizens”。

  Article 2 These Implementation Rules shall apply to Chinese citizens entry into and exit from China on private business. The term “private business” means residing, visiting relatives, visiting friends, inheriting properties, studying abroad, obtaining employment, making a tour, and other non-official business.

  Chapter II Exit from the Country

  Article 3 Citizens residing in China that wish to leave the country on private business shall apply to the entry-exit control department of the municipal or county public security bureau in which their residence is registered, answer relevant questions, and go through the following procedures:

  (1) to present, for examination, their residence booklets or other certificates of residence registration;

  (2) to fill in the exit application form;

  (3) to submit the written comments of the applicant's work unit on the applicant's exit from the country; and

  (4) to present relevant certificates supporting the applicant's reasons for exit from the country.

  Article 4 The relevant certificates mentioned in Item (4) of Article 3 of these Implementation Rules mean:

  (1) for leaving the country to reside permanently in a foreign country, the certification of consent of the applicant's relative(s) or friend(s) in the country where the applicant is to reside or the residence permit issued by the country of destination;

  (2) for leaving the country to visit relative(s) or friend(s), the certification of written invitation sent by the applicant's relative(s) or friend(s);

  (3) for leaving the country to inherit properties, the certification of the legitimate right of the applicant's inheritance;

  (4) for leaving the country to study abroad, the certification of admittance by the educational institution and also the necessary financial affidavit;

  (5) for leaving the country to obtain employment, the certification of engagement or employment by the host/hiring organization or employer; or

  (6) for leaving the country to make a tour, the certification indicating that the applicant has the foreign exchange needed for the tour.

  Article 5 The municipal or county public security bureau shall decide to approve or disapprove the exit application and notify the applicant within 30 days, or within 60 days for out-of-the-way and difficult-of-access areas, after receiving the exit application.

  In the event that the applicant does not receive the notification about the decision on the exit application within the prescribed time limits, the applicant shall have the right to make an inquiry, and the department handling the application shall give a reply; in the event that the applicant holds that the decision about the disapproval of the exit application does not accord with the “Law of the People's Republic of China on the Control of the Exit and Entry of Citizens”, the applicant shall have the right to appeal to the public security organ at a higher level, and the latter shall make a decision and give a reply.

  Article 6 Citizens residing in China whose exit applications have been approved shall obtain from the entry-exit department of the public security organ the passport of the People's Republic of China, together with the exit registration card.

  Article 7 Citizens residing in China who have obtained the visa or the entry permit for the country of destination shall go through the residence registration procedure before leaving the country. Those who are leaving to reside permanently in a foreign country shall go to the local police station or the residence registration office to cancel their residence registration. Those who are leaving the country only for a short period of time shall go through the procedure of residence registration for a short-term absence from the country and, after returning to China, resume their regular residence registration at the place of their original residence by presenting their passports.

  Article 8 Chinese citizens who have returned to China may leave the country again by producing their valid passport of the People's Republic of China or valid travel permit or other valid entry-exit certificates.

  Chapter III Entry into the Country

  Article 9 Chinese citizens residing in foreign country who wish to return to China to stay for a short period of time may enter the country by producing their valid passport of the People's Republic of China or valid travel permit of the People's Republic of China or other valid entry-exit certificates.

  Article 10 Chinese citizens residing in foreign country who request to return to and reside permanently in China shall, before entering the country, make an application to the Chinese diplomatic mission, consular post or other resident agencies abroad authorized by the Ministry of Foreign Affairs; they may also make an application by themselves or through their relatives in China, to the municipal or county public security bureau at the place of their destination, and the certification of permission of residence shall be granted for the applicant after examining the cases by the public security department(bureau) of the relevant province, autonomous region or municipality directly under the Central Government.

  Article 11 Chinese citizens residing in foreign country who request to return to China for employment shall make an application to China's labor and personnel department or to the host/hiring organization.

  Article 12 Chinese citizens residing in foreign country who return to China for permanent residence or for employment shall, within 30 days after arriving at their destination, go through the procedure for regular residence registration at the local public security bureau by presenting the certification of permission of residence or the certification of engagement or employment examined and approved by China's labor and personnel department.

  Article 13 Chinese citizens residing in foreign country who return to China to stay for a short period of time shall, in accordance with the stipulations of residence administration, go through the registration procedure for temporary residence. Those who lodge at such enterprises and institutions as guesthouses, hotels, inns, hostels or schools, or at state organs, public organizations or other institutions shall fill in temporary lodging registration form; those who lodge at the homes of their relative or friend shall, by themselves or through their relative or friend, go through the registration procedure for temporary lodging at the local police station or at the local residence registration office with 24 hours (72 hours in the countryside)。

  Chapter IV Exit and Entry Inspection

  Article 14 Chinese citizens shall enter or leave the country from the designated ports or ports open to aliens, present to the border inspection office their passport of the People's Republic of China or other entry-exit certificates, fill in the entry-exit registration card, and accept the inspection.

  Article 15 The border inspection office shall have the right to forbid any of the following categories of persons to enter or leave the country:

  (1) those who hold no passport of the People's Republic of China or other entry-exit certificates;

  (2) those who hold invalid passports or other invalid entry-exit certificates;

  (3) those who hold forged or altered passports and certificates, or hold other than their own passports and certificates; or

  (4) those who refuse to produce their certificates for examination.

  Persons who fall under the circumstances as stipulated in the preceding Items (2) and (3) shall be additionally dealt with in accordance with the provisions in Article 23 of these Implementation Rules.

  Chapter V Administration of Certificates

  Article 16 The passport and the travel certificate issued the People's Republic of China, the principal certificates for Chinese citizens' entering and leaving the country, shall be kept and used by the holder. No state agency or public organization, no enterprise, institution or individual shall withhold those certificates, excepting that the public security organs and the original issuing department which have the power to revoke and take over the certificates according to law, and that the people's procuratorate and the people's court, which have the power to withhold the certificates according to law.

  Article 17 Passports issued by the People's Republic of China are valid for 5 years, they may be extended twice, each time not exceeding 5 years. The application for extension shall be made before the passport expires.

  In places outside China, the extension of passports shall be handled by Chinese diplomatic missions, consular posts or other resident agencies abroad authorized by the Ministry of Foreign Affairs. In China, the extension of passports held by Chinese citizens residing abroad shall be handled by the public security department(bureau) of the province, autonomous region or municipality directly under the Central Government, and also by the entry-exit control department of the public security organ authorized by the aforesaid public security department(bureau); the extension of passport sheld by Chinese citizens residing in China shall be handled, before the holders leave the country, by the entry-exit control department of the public security organs originally issuing the passports or by the entry-exit control department of the public security organs in the locality where the holders have their residence registration.

  Article 18 Travel certificates issued by the People's Republic of China are classified into two categories: one category is valid for 1 year and one trip only; the other category is valid for 2 years and multiple trips; these two categories of travel certificates are issued by the Chinese diplomatic mission, consular post or other resident agencies abroad authorized by the Ministry of Foreign Affairs.

  Article 19 The entry-exit passes of the People's Republic of China are the passes for entering or leaving the national boundary(border), which shall be issued by the public security department(bureau) of the province, autonomous region or municipality directly under the Central Government and the public security organs authorized thereby. The entry-exit pass shall be valid for one or multiple trips within its term of validity, and those valid for one trip shall be taken over by the border inspection office when the holders leave the country.

  Article 20 When necessity arises for making alteration or remarks in the entries of the passport or other entry-exit certificates as a result of the changes in the holders' conditions, the holders of passports and other exit-entry certificates issued by the People's Republic of China shall make an application to the entry-exit control department of the municipal or county public security bureau or to the Chinese diplomatic mission, consular post or other resident agencies abroad authorized by the Ministry of Foreign Affairs, and submit to them documents certifying or explaining the alteration or remarks.

  Article 21 In the event that the passports and other entry-exit certificates issued by the People's Republic of China, as held by Chinese citizens, will expire soon, or that the attached pages for visas have been used up so that the term of validity cannot be extended, or that they have been damaged and can no longer be used, the holders may apply for are placement or a reissue of the passports and the certificates, and shall at the same time return the old ones; in the event that the holders request to keep the old passports, the old passports may be bound up with the new ones for use. Should a passport or an entry-exit certificate be lost, the holder shall report the case to the Chinese competent department, and publish a statement in a newspaper announcing its loss before applying for reissuance. The replacement and reissuance of passports and entry-exit certificates shall be handled, in any place outside China, by the Chinese diplomatic missions, consular posts or other resident agencies abroad authorized by the Ministry of Foreign Affairs, and, in China, by the public security department(bureau) of the province, autonomous region or municipality directly under the Central Government and the entry-exit control department of the public security organ authorized there by.

  Article 22 Passports and other entry-exit certificates issued by the People's Republic of China shall be revoked or declared invalid is their holders are in any of the following circumstances:

  (1) the holder has been sent back to China because he/she entered, resided or stayed in the country of destination illegally;

  (2) The holder has used his/her passport and other certificate for swindling and bluffing; or

  (3) the holder is engaged in activities prejudicial to the security, the honor and the interests of the State.

  The decision to revoke passports and other entry-exit certificates or to declare them invalid shall be made by the original issuing department or by its higher authorities.

  Chapter VI Penalties

  Article 23 Persons who have used forged or altered certificates or use other person's certificates for entering or leaving the country shall, in addition to taking over their certificates, be given a warning, or held in detention for up to 5 days; if the case is so serious that a crime is committed, the criminal liability shall be inflicted upon the offender in accordance with the relevant provisions in the “Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Organizing and Transporting Others to Illegally Cross the National Boundary(Border)”。

  Article 24 Persons who have forged, altered, transferred or trafficked in the entry-exit certificates shall be held in detention for up to 10 days; if the case is so serious that a crime is committed, the criminal liability shall be inflicted upon the offender in accordance with the relevant provisions in the “Criminal Law of the People's Republic of China and in the Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Organizing and Transporting Others to Illegally Cross the National Boundary(Border)”。

  Article 25 Persons who have given fabricated accounts and presented forged certificates, or have resorted to bribery, to obtain the entry-exit certificates, shall be given a warning, or held in detention for up to 5 days if the case is a minor one; if the case is so serious that a crime is committed, the criminal liability shall be inflicted upon the offender in accordance with the relevant provisions in the “Criminal Law of the People's Republic of China” and in the “Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Organizing or Transporting Others to Illegally Cross the National Boundary(border)”。

  Article 26 In the event that personnel of the public security organs are discovered to have taken advantage of their position and power, when executing the “Law of the People's Republic of China of the Control of the Exit and Entry of Citizens” and these Implementation Rules, to demand or accept bribes or to commit other acts of dereliction of duty, in minor case, a disciplinary punishment shall be imposed on them by the competent authorities at their discretion; if the case is so serious that a crime is committed, the criminal liability shall be inflicted upon the offender in accordance with the relevant provisions in the “Criminal Law of the People's Republic of China” and in the “Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Organizing or Transporting Others to Illegally Cross the National Boundary(Border)”。

  Chapter VII Supplementary Provisions

  Article 27 Procedures for the control of Chinese citizens leaving the country on official business and of Chinese ship's crew leaving the country on duty shall be formulated separately.

  Article 28 These Implementation Rules shall go into effect on the date of promulgation.

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