| 【时 效 性】 | 有效 | 【颁布日期】 | 1985-11-22 |
| 【颁布单位】 | 全国人大常委会 | 【实施日期】 | 1986-02-01 |
| 【法规层次】 | 法律及有关法律问题的决定 | 【文 号】 | 主席令〔1985〕31号 |
| 【首选类别】 | 国家基本法规 | 【次选类别】 | |
| 【其它类别】 | 【其它类别】 | ||
| 【关 键 字】 | 中华人民共和国国籍法 | ||
This
PEOPLE'S REPUBLIC OF
which
Council of
In case of discrepancy, theoriginal version in Chinese shall prevail.
LAW OF THE PEOPLE'S REPUBLIC OFCHINA ON CONTROL OF THE ENTRY AND
(Adopted at the 13th Meetingof the
Sixth National People'sCongress, promulgated
President of the People'sRepublic of China
effective as of February 1,1986)
Chapter II
Chapter V
Chapter VI
Chapter VIII
This Law is formulated with aview to safeguarding the sovereignty of the
People's Republic of China,maintaining its security and public order and
facilitating internationalexchange.
This Law is applicable toaliens
territory of the People'sRepublic of China
Aliens must obtain thepermission of
Chinese Government in order toenter, transit or reside in China.
For entry, exit and transit,aliens must pass through ports open to aliens
or other designatedports
frontier inspectionoffices.
means of transportmust pass
designated ports and must besubject to inspection and supervision by the
The Chinese Government shallprotect the lawful rights and interests
Freedom of the person of aliensis inviolable. No alien may be
except with the approval or bydecision of a people's procuratorate or by
decision of a people's court,and arrest must be made by a public security
Aliens in China must abide byChinese laws and may not endanger the state
security of China, harm publicinterests or disrupt public order.
For entry into China, aliensshall apply for visas from Chinese diplomatic
missions, consular offices orother resident agencies abroad authorized by
the Ministry of Foreign Affairs.In specific
compliance with the provisionsof the State Council, apply for visas
visa-granting offices at portsdesignated by the competent authorities of
The entry of nationals fromcountries
Chinese Government shall behandled in accordance with those agreements.
In cases where another countryhas special provisions for Chinese citizens
entering and transiting thatcountry, the
Chinese
Visas are notrequired
international flights who holdpassenger tickets and stay for no more than
24 hours in China entirelywithin airport boundaries. Anyone desiring to
leave the airport temporarilymust obtain
When applying for variouskinds
passports and, if necessary,provide pertinent evidence.
Aliens who have beeninvited
applying for visas, produceevidence of the invitation or employment.
Aliens desiring to residepermanently in China shall, when applying
visas, presentstatus-of-residence identification forms. Applicants
obtain such forms from publicsecurity organs
The
appropriate visas to aliensaccording to
When an aircraft or a vesselnavigating international routes arrives at a
Chinese port, the captain or hisagent must submit a passenger name list
to the frontier inspectionoffice; a foreign aircraft or vessel must also
provide a name list of its crewmembers.
Aliens who are considered apossible threat to China's state security and
public order shall not bepermitted to enter China.
For residence inChina,
residence certificates issued bythe competent authorizes of the Chinese
Government.
certificates shall be determinedaccording to the purposes of entry.
Aliens residing in China shallsubmit
public security organs forexamination within
Aliens who,
establish prolonged residence inChina for the
China or engaging incooperative
institutions in
fields, or for other purposes,are eligible
residence in China uponapproval
Aliens who seek asylum forpolitical reasons shall be permitted to reside
in China upon
Aliens who fail to abide byChinese laws may have their period of stay in
China curtailed or their statusof residence
competent authorities of theChinese Government.
For
registration procedures pursuantto the relevant provisions.
Aliens holding residencecertificates who wish to change their place
residence in Chinamust complete
Aliens who have not acquiredresidence certificates or who are on a study
programme in China may not seekemployment in China without permission of
the competent authorities of theChinese Government.
Aliens who hold valid visas orresidence certificates may travel to places
open to aliens as designated bythe Chinese Government.
Aliens desiring to travel toplaces closed to aliens must apply to local
public security organs fortravel permits.
For exit from China, aliensshall present their valid passports or other
Aliens belonging to any of thefollowing categories shall not be allowed
(1) defendants in criminalcases
public security organ, apeople's procuratorate or a people's court;
(2) persons who, as notified bya people's court,
owing to involvement inunresolved civil cases; and
(3) persons who have committedother acts in violation of Chinese law who
have not been dealt
consider it necessary toinstitute prosecution.
Frontier inspection officesshall have the power to stop aliens belonging
to any of the followingcategories from leaving the country and to
(1) holders of invalid exitcertificates;
(2) holders of exit certificatesother than their own; and
(3) holders of forged or alteredexit certificates.
China's diplomatic missions,consular offices and other resident agencies
abroad authorized by theMinistry of Foreign Affairs shall be the Chinese
Government's agencies abroad tohandle aliens' applications for entry and
The Ministry of PublicSecurity,
organs, the Ministry of ForeignAffairs and its authorized local foreign
affairs departments shall be theChinese Government's agencies in China to
handle aliens' applications forentry, transit, residence and travel.
The
residence and travel shall havethe power to refuse
certificates or to cancel visasand certificates already issued or declare
The Ministry of Public Securityand the Ministry of Foreign Affairs may,
when necessary, alterdecisions
An alien who enters or residesin China
examination or be subjected toresidential surveillance or deportation by
a public security organ at orabove the county level.
While performingtheir
security organs at or above thecounty
examine the passports and othercertificates of
such examinations, the foreignaffairs
service certificates, andrelevant organizations or individuals shall have
the duty to offer themassistance.
If a person, in violation of theprovisions of this Law, enters or leaves
China
stopover in China, travels toplaces closed
travel document, forges oralters
another person's certificate ashis own or transfers his certificate,
may be penalized by a publicsecurity organ at or above the county level
with a warning, a fine ordetention for not more than ten days.
circumstances of thecase are
criminal responsibility shall beinvestigated in accordance with the law.
If an alien subject to a fine ordetention
refuses to acceptthe penalty,
notification, appeal to thepublic
level, which shall make thefinal decision; he may also directly file suit
In cases where a person commitsany of the acts stated in Article 29
this Law, if
Security may impose a penalty byordering him to leave the country within
a certain time or may expel himfrom the country.
For the purposes of this Law theterm "alien" means any person not holding
Chinese nationality accordingto the
Transistory entry into and exitfrom China by aliens who are nationals of
a country adjacent to China andwho reside in
shall be handled according toany relevant
countries or, in the absence ofsuch agreements, according to the relevant
provisions of the ChineseGovernment.
The Ministry of Public Securityand the Ministry of Foreign Affairs shall,
pursuant to this Law, formulaterules for its implementation, which shall
go into effect after beingsubmitted to and approved by the State Council.
Affairs concerning members offoreign
offices in the People's Republicof China
diplomatic privileges andimmunities, after their entry into China, shall
be administered in accordancewith the relevant provisions of the