(Adopted at the 27th meeting of the StandingCommittee of the Eleventh National People’s Congress on June 30, 2012)

   Article 1 In order to regulate exit/entryadministration, safeguard the sovereignty, security and social order of thePeople’s Republic of China, and promote foreign exchanges and opening to theoutside world, this Law is hereby formulated.

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

   Article 3 The State protects Chinesecitizens’ legitimate rights and interests of exiting and entering the country.

   The legitimate rights and interests offoreigners in China shall be protected by laws. Foreigners in China shall abideby the Chinese laws, and shall not endanger China’s national security, harmpublic interests and disrupt social and public order.

   Article 4 The Ministry of Public Securityand the Ministry of Foreign Affairs shall, within the scope of their respectiveresponsibilities, be responsible for administering exit/entry affairs.

   Embassies and consulates of the People’sRepublic of China and other institutions stationed abroad entrusted by theMinistry of Foreign Affairs (hereinafter referred to as “the visa-issuingauthorities abroad”) shall be responsible for issuance of entry visas toforeigners. Exit/entry border inspection authorities shall be responsible forcarrying out exit/entry border inspection. Public security organs under localpeople’s governments at or above the county level and their exit/entryadministrations shall be responsible for the administration of the stay andresidence of foreigners.

   The Ministry of Public Security and theMinistry of Foreign Affairs may, within the scope of their respectiveresponsibilities, entrust exit/entry administrations of public security organsor foreign affairs departments under local people’s governments at or above thecounty level to accept foreigners’ applications for entry, stay and residencein China.

   In the administration of exit/entryaffairs, the Ministry of Public Security and the Ministry of Foreign Affairsshall strengthen communication and cooperation, cooperate closely with relevantdepartments under the State Council, and exercise functions and powers and bearliabilities within the scope of their respective responsibilities in accordancewith the law.

   Article 5 The State shall establish auniform exit/entry administration information platform to share informationamong relevant administrative departments.

   Article 6 The State shall establishexit/entry border inspection authorities at the ports open to foreigncountries.

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

   Exit/entry border inspection authoritiesshall be responsible for relevant administration work in the restricted zonesof ports. On the basis of the need for safeguarding national security andmaintaining the order of exit/entry administration, exit/entry border inspectionauthorities may conduct border inspection on the belongings of the persons whoexit or enter China. When necessary, exit/entry border inspection authoritiesmay conduct border inspection on the goods carried by transport vehicles thatexit or enter China. However, exit/entry border inspection authorities shallnotify the Customs of such inspections.

   Article 7 Upon approval by the StateCouncil, the Ministry of Public Security and the Ministry of Foreign Affairsmay, on the basis of the need for exit/entry administration, set forthregulations on the collection and keep of fingerprints and other biometricidentification information of the persons who exit or enter China.

   Where foreign governments have specialregulations on issuing visas to Chinese citizens or the exit/entryadministration of Chinese citizens, the Chinese government may, as thecircumstances require, take corresponding and equivalent measures.

   Article 8 Departments and institutions thatare responsible for the exit/entry administration shall take practicalmeasures, constantly improve service and administration, enforce lawsimpartially, provide convenient and efficient service and ensure the securityand conveyance of the exit/entry procedures.

   Chapter II

   Exit and Entry of Chinese Citizens

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

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

   Chinese citizens who exit or enter China asseamen or work on foreign ships shall apply for seamen’s certificates inaccordance with the law.

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

   Article 11 Chinese citizens who exit orenter China shall submit their exit/entry documents such as passports or othertravel documents to the exit/entry border inspection authorities forexamination, go through the prescribed formalities, and may exit or enter uponexamination and approval.

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

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

   (1) Hold no valid exit/entry documents, orrefuse or evade border inspection;

   (2) Are sentenced to criminal punishments,the execution of which have not been completed, or are suspects or defendantsin criminal cases;

   (3) Are involved in unsettled civil casesand not allowed to exit China upon decision of the people’s courts;

   (4) Are subject to criminal punishment forimpairing border administration, or are repatriated by other countries orregions due to illegal exit from China, illegal residence or illegalemployment, and the No-Exit-from-China period has not expired;

   (5) May endanger national security orinterests, and are not allowed to exit China upon decision by competentdepartments under the State Council; or

   (6) Other circumstances in which exit fromChina is not allowed in accordance with laws or administrative regulations.

   Article 13 Chinese citizens residing abroadwho desire to return to China for permanent residence shall, prior to theentry, file applications with Chinese embassies or consulates or otherinstitutions stationed abroad entrusted by the Ministry of Foreign Affairs.They may also file such applications to the overseas Chinese affairsdepartments under the local people’s governments at or above the county levelof the proposed places of permanent residence on their own or via theirrelatives in China.

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

   Chapter III

   Entry and Exit of Foreigners

   Section 1

   Visa

   Article 15 In order to entering China,foreigners shall apply to the visa-issuing authorities stationed abroad for avisa, except as otherwise provided for in this Law.

   Article 16 Visas are categorized asdiplomatic visa, courtesy visa, official visa and ordinary visa.

   Diplomatic or official visas shall beissued to foreigners who enter China for diplomatic or official reasons; andcourtesy visas shall be issued to foreigners who are given courtesy due totheir special status. The scope and measures for issuing diplomatic, courtesyand official visas shall be stipulated by the Ministry of Foreign Affairs.

   Appropriate types of ordinary visa shall beissued to foreigners who enter China due to non-diplomatic or official reasonsincluding work, study, family visit, travel, business activities and talentintroduction. The types of ordinary visa and relevant issuance measures shallbe stipulated by the State Council.

   Article 17 The registered items of a visashall include visa type, name, sex, date of birth, number of allowed entries,validity period of entry and duration of stay of the holder, date and place ofissuance, as well as passport number or other international travel documentsnumber.

   Article 18 Foreigners who apply for visasshall submit their passports or other international travel documents, as wellas information of specific application matters, to the visa-issuing authoritiesstationed abroad. They shall go through relevant formalities and acceptinterviews in accordance with the requirements of the visa-issuing authoritiesstationed abroad.

   Article 19 Where foreigners applying forvisas need to provide written invitations issued by entities or individualswithin China, the applicants shall provide such invitations in accordance withthe requirements of the visa-issuing authorities abroad. Entities orindividuals that issue written invitations shall be liable for the fidelity ofthe contents.

   Article 20 Foreigners who need to enterChina urgently for humanitarian reasons, or are invited to enter China forurgent business or rush repair work, or have other urgent needs, and holdmaterials that prove the competent departments’ approval of their applying forvisas at port, may apply for port visas with the visa-issuing authoritiesentrusted by the Ministry of Public Security at the ports (hereinafter referredto as “port visa authorities”) which are approved to issue port visas by theState Council.

   Travel agencies that organize inboundtourism in accordance with relevant State regulations may apply for grouptourist visas from port visa authorities.

   Foreigners who apply to port visaauthorities for visas shall submit their passports or other internationaltravel documents, as well as relevant information of specific application matters.They shall go through relevant formalities in accordance with the requirementsof the port visa authorities, and enter China at the ports where they apply forvisas.

   Visas issued by port visa authorities shallbe single entry and the duration of stay shall not exceed 30 days.

   Article 21 Under any of the followingcircumstances, visas shall not be issued to foreigners:

   (1) Was deported, or was repatriated upondecision, and the No-Entry-into-China period has not expired;

   (2) Is suffering from serious mentaldisorders, infectious tuberculosis or other infectious diseases that mayseverely jeopardize the public health;

   (3) May endanger China’s national securityor interests, or disrupt social and public order, or engage in other illegal orcriminal activities;

   (4) Resort to fraudulent acts in visaapplication or cannot guarantee expected expenditures during their stay inChina;

   (5) Fail to submit relevant informationrequired by the visa-issuing authorities; or

   (6) Other circumstances in which visaauthorities consider a visa should not be issued.

   The visa-issuing authorities are notrequired to give reasons for refusing the issuance of a visa.

   Article 22 Under any of the followingcircumstances, foreigners may be exempt from applying for visas:

   (1) So exempted based on the visa exemptionagreements signed by the Chinese government with the governments of othercountries;

   (2) Hold valid foreigners’ residencepermits;

   (3) Hold connected passenger tickets andare in transit to a third country or region by an international aircraft, shipor train via China, will stay for not more than 24 hours in China withoutleaving the port of entry, or will stay in the specific zones approved by the StateCouncil within the prescribed time limit; or

   (4) Other circumstances stipulated by theState Council in which visas may be exempted.

   Article 23 Where foreigners under any ofthe following circumstances need to enter China temporarily, they shall applyto exit/entry border inspection agencies for going through the formalities fortemporary entry:

   (1) Foreign seamen and their accompanyingfamily members disembark at cities where the ports are located;

   (2) Persons specified in Subparagraph (3)of Article 22 of this Law need to leave ports; or

   (3) Foreigners need to enter Chinatemporarily due to force majeure or for any other urgent reason.

   The duration of stay for temporary entryshall not exceed 15 days.

   For foreigners who apply for going throughthe formalities for temporary entry, exit/entry border inspection authoritiesmay require such foreigners, the persons in charge of the transport vehiclesused for such foreigners’ entry or the agencies handling the exit/entry businessfor transport vehicles to provide necessary guaranty measures.

   Section 2

   Entry and Exit

   Article 24 Foreigners who enter China shallsubmit their passports, other international travel documents, visas or otherentry permits to the exit/entry border inspection authorities for examination,go through the prescribed formalities, and may enter upon examination andapproval.

   Article 25 Under any of the followingcircumstances, foreigners shall not be allowed to enter China:

   (1) Hold no valid exit/entry documents, orrefuse or evade border inspection;

   (2) Are involved in any of thecircumstances specified in Subparagraph (1) through (4) of the first paragraphof Article 21 of this Law;

   (3) May engage in activities not conform tothe types of visa after entering China; or

   (4) Other circumstances in which entry isnot allowed in accordance with laws or administrative regulations.

   Exit/entry border inspection authoritiesare not required to give reasons for denying an entry.

   Article 26 Exit/entry border inspectionauthorities shall order foreigners who are denied entry in China to return, andshall force the return of those who refuse to do so. While waiting for return,those foreigners shall not leave the restricted zones.

   Article 27 Foreigners who exit China shallsubmit their exit/entry documents including passports or other internationaltravel documents to the exit/entry border inspection authorities forexamination, go through prescribed formalities, and may exit upon examinationand approval.

   Article 28 Under any of the followingcircumstances, foreigners shall not be allowed to exit China:

   (1) Are sentenced to criminal punishments,the execution of which are not completed, or suspects or defendants in criminalcases, except those who are sentenced and transferred under relevant agreementsbetween China and foreign countries;

   (2) Are involved in unsettled civil casesand are not allowed to exit China upon decision of the people’s courts;

   (3) Are in arrears of paying off laborremuneration and therefore are not allowed to exit by decision of the relevantdepartments under the State Council or of the people’s governments ofprovinces, autonomous regions or municipalities directly under the CentralGovernment; or

   (4) Other circumstances in which exit shallnot be allowed in accordance with laws or administrative regulations.

   Chapter IV

   Stay and Residence of Foreigners

   Section 1

   Stay and Residence

   Article 29 Where the duration of stayspecified in a visa held by a foreigner does not exceed 180 days, the holdermay stay in China within the duration specified therein.

   Where the duration of stay needs to beextended, the visa holder shall file an application with the exit/entryadministration of public security organ under the local people’s government ator above the county level in the place of his stay seven days prior to theexpiry of the duration specified in the visa, and shall submit information ofspecific application matters in accordance with relevant requirements. If uponexamination, the reasons for extension are appropriate and sufficient, suchextension shall be granted; if an extension is denied, the foreigner shallleave China on the expiry of the duration.

   The accumulated length of extension shallnot exceed the original duration of stay specified in the visa.

   Article 30 Where visas held by foreignersspecify that foreigners need to apply for residence permits after entry, suchforeigners shall, within 30 days from the date of their entry, apply to theexit/entry administrations of public security organs under local people’sgovernments at or above the county level in the proposed places of residencefor foreigners’ residence permits.

   Applicants for foreigners’ residencepermits shall submit their passports or other international travel documents,as well as relevant information of specific application matters, and providebiometric identification information such as fingerprints. The exit/entryadministrations of public security organs shall, within 15 days upon the dateof receipt, conduct examination and make a decision thereupon. Based on thepurpose of residence, those administrations shall issue the appropriate typesof foreigners’ residence permits with the duration.

   The validity period of a foreigner’swork-type residence permit shall be 90 days at the minimum and five years atthe maximum; and the validity period of a non-work-type foreigner’s residencepermit shall be 180 days at the minimum and five years at the maximum.

   Article 31 Under any of the followingcircumstances, a foreigner’s residence permit shall not be issued:

   (1) The visa held does not belong to thetype for which a foreigner’s residence permit should be issued;

   (2) Resorts to fraudulent acts inapplication;

   (3) Fails to provide relevant supportingmaterials in accordance with relevant regulations;

   (4) Is not eligible to reside in Chinabecause of violation of relevant Chinese laws or administrative regulations; or

   (5) Other circumstances in which theissuing authority considers a foreigner’s residence permit should not beissued.

   Foreigners with expertise and foreigninvestors who conform to relevant State regulations or foreigners who need tochange their status from stay to residence for humanitarian or other reasons,may undergo the formalities for obtaining foreigner’s residence permits uponapproval by the exit/entry administrations of public security organs underlocal people’s governments at or above the city with districts.

   Article 32 Foreigners residing in China whoapply for the extension of the duration of residence shall, within 30 daysprior to the expiry of the validity period on their residence permits, fileapplications with the exit/entry administrations of public security organsunder local people’s governments at or above the county level, and submitrelevant information of specific application matters in accordance withrelevant requirements. If upon examination, the reasons for extension areappropriate and sufficient, an extension shall be granted; if an extension isdenied, the foreigner concerned shall leave China on the expiry of the validityperiod specified in their residence permits.

   Article 33 The registered items of aforeign residence permit shall include name, sex, date of birth, reason forresidence and duration of residence of the holder, date and place of issuance,passport number or other international travel documents number.

   Where the registered item in a foreigner’sresidence permit has changed, the holder shall, within 10 days from the date ofchange, apply to the exit/entry administration of public security organ underthe local people’s government at or above the county level in the place ofresidence for going through the formalities for alteration.

   Article 34 Where visa-exempt foreignersneed to stay in China longer than the visa-free period, or foreign seamen andtheir accompanying family members need to leave the cities where the ports arelocated, or under other circumstances in which foreigners’ stay permits shouldbe applied for, they shall apply for such permits in accordance with relevantregulations.

   The maximum validity period of aforeigner’s stay permit shall be 180 days.

   Article 35 Where ordinary visas, stay orresidence permits held by foreigners need to be reissued due to damage, loss,theft, robbery or other reasons in compliance with relevant State regulationsafter foreigners enter China, those foreigners shall apply for a reissue withthe exit/entry administrations of public security organs under local people’sgovernments at or above the county level in the places of stay or residence inaccordance with relevant regulations.

   Article 36 Decisions made by the exit/entryadministration of public security organ on rejecting applications for visaextension or reissuance, or on not issuing foreigners’ stay or residencepermits or not extending the duration of residence shall be final.

   Article 37 Foreigners who stay or reside inChina shall not engage in activities not corresponding to the purpose of stayor residence, and shall leave China prior to the expiry of the prescribedduration of stay or residence.

   Article 38 Foreigners having reached theage of 16 who stay or reside in China shall carry with them their passports orother international travel documents, or foreigners’ stay or residence permits,and accept the inspection of public security organs.

   Foreigners who reside in China shall,within the prescribed time limit, submit foreigners’ residence permits topublic security organs under local people’s governments at or above the countylevel in the places of residence for examination.

   Article 39 Where foreigners stay in hotelsin China, the hotels shall register their accommodation in accordance with theregulations on the public security administration of the hotel industry, andsubmit foreigners’ accommodation registration information to the publicsecurity organs in the places where the hotels are located.

   For foreigners who reside or stay indomiciles other than hotels, they or the persons who accommodate them shall,within 24 hours after the foreigners’ arrival, go through the registrationformalities with the public security organs in the places of residence.

   Article 40 For foreign infants born inChina, their parents or agents shall, within 60 days after they are born, onthe strength of the birth certificates, go through the formalities for stay orresidence registration for them with the exit/entry administrations of publicsecurity organs under people’s governments at or above the county level in theplaces of their parents’ stay or residence.

   For foreigners who decease in China, theirrelatives, guardians or agents shall, in accordance with relevant regulations,on the strength of the death certificates, report their death to the exit/entryadministrations of the public security organs under local people’s governmentsat or above the county level to cancel their stay or residence permits.

   Article 41 Foreigners who work in Chinashall obtain work permits and work-type residence permits in accordance withrelevant regulations. No entities or individuals shall employ foreigners whohave no work permits or work-type residence permits.

   The administrative measures for foreignersworking in China shall be stipulated by the State Council.

   Article 42 The competent department ofhuman resources and social security and the competent department in charge offoreign experts affairs under the State Council shall, in conjunction withrelevant departments under the State Council, formulate and regularly adjustthe guiding catalogue for foreigners working in China based on the needs foreconomic and social development as well as the supply and demand of humanresources.

   The competent department of education underthe State Council shall, in conjunction with relevant departments under theState Council, establish an administrative system for foreign students workingto support their study in China and set forth regulations on the scope of jobsand the limit of work time for such foreign students.

   Article 43 Any of the following acts offoreigners shall be deemed unlawful employment:

   (1) Work in China without obtaining workpermits or work-type residence permits in accordance with relevant regulations;

   (2) Work in China beyond the scopeprescribed in the work permits; or

   (3) Foreign students work in violation ofthe regulations on the administration of foreign students working to supporttheir study in China and work beyond the prescribed scope of jobs or prescribedtime limit.

   Article 44 On the basis of the need formaintaining national security and public security, public security organs andnational security organs may impose restrictions on foreigners and foreigninstitutions from establishing places of residence or work in certain areas;and may order that established places of residence or work be relocated withina prescribed time limit.

   Without approval, foreigners shall notaccess foreigner-restricted areas.

   Article 45 Entities that employ foreignersor enroll foreign students shall report relevant information to local publicsecurity organs in accordance with relevant regulations.

   Citizens, legal persons or otherorganizations who find foreigners illegal enter, reside or work in China shallduly report such matter to the local public security organs.

   Article 46 Foreigners applying for refugeestatus may, during the screening process, stay in China on the strength oftemporary identity certificates issued by public security organs; foreignerswho are recognized as refugees may stay or reside in China on the strength ofrefugee identity certificates issued by public security organs.

   Section 2

   Permanent Residence

   Article 47 Foreigners who have maderemarkable contribution to China’s economic and social development or meetother conditions for permanent residence in China may obtain permanentresidence status upon application approved by the Ministry of Public Security.

   The administrative measures for examinationand approval of foreigners’ permanent residence in China shall be stipulated bythe Ministry of Public Security and the Ministry of Foreign Affairs inconjunction with relevant departments under the State Council.

   Article 48 Foreigners who have obtainedpermanent residence status may reside or work in China on the strength ofpermanent residence permits, and exit or enter China on the strength of theirpassports and permanent residence permits.

   Article 49 Where foreigners fall under anyof the following circumstances, the Ministry of Public Security shall decide tocancel their permanent residence status in China:

   (1) Endanger China’s national security orinterests;

   (2) Are deported;

   (3) Obtain permanent residence status inChina by fraudulent acts;

   (4) Fail to reside in China for theprescribed time limit; or

   (5) Other circumstances in which foreignersare not eligible to reside in China permanently.

   Chapter V

   Border Inspection of Transport VehiclesExiting/Entering China

   Article 50 Transport vehicles that exit orenter China shall be subject to border inspection when leaving or arriving atports. Border inspection of entering transport vehicles shall be conducted atthe first arriving port in China; border inspection of exiting transportvehicles shall be conducted at the last port when they leave China. Underspecial circumstances, border inspection may be conducted in places designatedby competent authorities.

   Without the permission of exit/entry borderinspection authorities in accordance with prescribed procedures, transportvehicles that exit China shall not embark or disembark passengers, or load andunload goods or articles between exit inspection and exit, and nor shalltransport vehicles that enter China do so between entry and entry inspection.

   Article 51 Persons in charge of transportvehicles or agencies handling the exit/entry business for transport vehiclesshall, in accordance with relevant regulations, report to the exit/entry borderinspection authorities in advance on the entering or exiting transportvehicles’ time of arrival at or departure from the port and the places of stay,and truthfully declare information including staff, passengers, goods andarticles.

   Article 52 Persons in charge of transportvehicles or agencies handling the exit/entry business for transport vehiclesshall provide cooperation in exit/entry border inspection, and shallimmediately report any violations of this Law found thereby and give assistancein the investigation and handling of such violations.

   Where transport vehicles that enter Chinacarry persons who are not allowed to enter China, the persons in charge of thetransport vehicles shall be responsible for their leaving.

   Article 53 Exit/entry border inspectionauthorities shall supervise transport vehicles that exit or enter China underany of the following circumstances:

   (1) Between exit border inspection and exitfor transport vehicles that exit China, and between entry and entry borderinspection for transport vehicles that enter China;

   (2) When foreign ships navigate in China’sinland waters; or

   (3) Other circumstances in whichsupervision is necessary.

   Article 54 Persons who need to embark on ordisembark from foreign ships for reasons such as goods loading or unloading,maintenance operations or visit shall apply to exit/entry border inspectionauthorities for boarding pass.

   Where a Chinese ship needs to berth alongsidea foreign ship, or a foreign ship needs to berth alongside another foreignship, the captain or the agency handling the exit/entry business for relevanttransport vehicles shall apply to the exit/entry border inspection authorityfor going through formalities for berth.

   Article 55 Foreign ships and aircraftsshall navigate according to prescribed routes.

   Ships and aircrafts that exit or enterChina shall not access areas outside the ports open to foreign countries. Theaforesaid ships or aircrafts that access such areas due to unforeseeableemergencies or force majeure shall immediately report to the nearest exit/entryborder inspection authority or local public security organ, and acceptsupervision and administration.

   Article 56 Under any of the followingcircumstances, transport vehicles shall be not allowed to exit or enter China;those that have left ports may be ordered to return:

   (1) Exit or enter China without examinationand approval when leaving or arriving at port;

   (2) Change the port of exit or entrywithout approval;

   (3) Are suspected of carrying persons whoare not allowed to exit or enter China and therefore need to be inspected andverified;

   (4) Are suspected of carrying articlesendangering national security or interests or disrupting social or public orderand therefore need to be inspected and verified; or

   (5) Other circumstances in which transportvehicles refuse to subject themselves to exit/entry border inspectionauthorities’ administration.

   After the circumstances specified in thepreceding paragraph disappear, exit/entry border inspection authorities shallimmediately release relevant transport vehicles.

   Article 57 Agencies handling the exit/entrybusiness for transport vehicles shall file records with exit/entry borderinspection authorities. For agents engaging in such a business, the entitiesthey work for shall file relevant records for them with exit/entry borderinspection authorities.

   Chapter VI

   Investigation and Repatriation

   Article 58 Measures for on-the-spotinterrogation, continued interrogation, detention for investigation, movementrestriction and repatriation prescribed in this Chapter shall be enforced bypublic security organs under local people’s governments at or above the countylevel or by exit/entry border inspection authorities.

   Article 59 Persons suspected of violatingthe regulations on exit/entry administration may be interrogated on the spot;upon on-the-spot interrogation, the aforesaid persons may be interrogated incontinuation in accordance with the law under any of the followingcircumstances:

   (1) Are suspected of illegally exiting orentering China;

   (2) Are suspected of assisting others inillegally exiting or entering China;

   (3) Are foreigners suspected of illegallyresiding or working in China; or

   (4) Are suspected of endangering nationalsecurity or interests, disrupting social or public order, or engaging in otherillegal or criminal activities.

   On-the-spot interrogation and continuedinterrogation shall be conducted in accordance with the procedures prescribedin the People’s Police Law of the People’s Republic of China.

   Where public security organs under localpeople’s governments at or above the county level or exit/entry borderinspection authorities need to summon the persons suspected of violating theregulations on exit/entry administration, they shall handle the matter inaccordance with the relevant regulations of the Law of the People’s Republic ofChina on Penalties for Administration of Public Security.

   Article 60 Where foreigners involved in anyof the circumstances specified in the first paragraph of Article 59 of this Lawcannot be cleared of suspicion after on-the-spot interrogation or continuedinterrogation and therefore need to be further investigated, he may be detainedfor investigation.

   When detaining a foreigner forinvestigation, the authority concerned shall present a written decision ondetention for investigation and shall interrogate the detained foreigner within24 hours. Where the aforesaid organ finds that a foreigner should not bedetained for investigation, it shall immediately release him from detention forinvestigation.

   The period of detention for investigationshall not exceed 30 days; for complicated cases, the period may be extended to60 days upon approval by the public security organs under the local people’sgovernments at the next higher level or by the exit/entry border inspectionauthorities at the next higher level. For foreigners whose nationalities andidentities are unknown, the period of detention for investigation shall becalculated from the date when their nationalities and identities are found out.

   Article 61 Under any of the followingcircumstances, detention for investigation is not applicable to foreigners,however, their movements may be restricted:

   (1) Suffer from serious diseases;

   (2) Are pregnant or breast-feeding theirown infants under one year of age;

   (3) Are under 16 years of age or havereached the age of 70; or

   (4) Other circumstances in which detentionfor investigation should not be applied.

   Foreigners whose movements are restrictedshall subject themselves to investigation as required, and shall not leave therestricted zones without approval of public security organs. The period ofmovement restriction shall not exceed 60 days. For foreigners whosenationalities and identities are unknown, the period of movement restrictionshall be calculated from the date when their nationalities and identities arefound out.

   Article 62 Under any of the followingcircumstances, foreigners may be repatriated:

   (1) Are ordered to exit China within aprescribed time limit but fail to do so;

   (2) Are involved in circumstances in whichthey are not allowed to enter China;

   (3) Illegally reside or work in China; or

   (4) Need to be repatriated for violation ofthis Law or other laws or administrative regulations.

   Other overseas personnel who fall under anyof the circumstances prescribed in the preceding paragraph may be repatriatedin accordance with the law.

   Repatriated persons shall not be allowed toenter China for one to five years, calculating from the date of repatriation.

   Article 63 Persons who are detained forinvestigation or who are to be repatriated upon decision but cannot berepatriated promptly shall be held in custody in detention houses or places ofrepatriation.

   Article 64 Foreigners dissatisfied with themeasure imposed on them in accordance with this Law, such as continuedinterrogation, detention for investigation, movement restriction orrepatriation, may apply for administrative reconsideration in accordance withthe law, and the administrative reconsideration decision shall be final.

   Where other overseas personnel dissatisfiedwith the decision of repatriation imposed on them in accordance with this Lawapply for administrative reconsideration, the provisions in the precedingparagraph are applicable.

   Article 65 Where persons are not allowed toexit or enter China upon decisions made in accordance with the law, the decision-makingauthorities shall duly inform the exit/entry border inspection authorities ofsuch decisions in accordance with relevant regulations; where the circumstancesin which the persons are not allowed to exit or enter China disappear, thedecision-making authorities shall duly cancel the aforesaid decisions andinform exit/entry border inspection authorities of the cancellation.

   Article 66 On the basis of the need forsafeguarding national security and maintaining the order of exit/entry administration,exit/entry border inspection authorities may, when necessary, search thepersons entering and exiting the country. Personal Search shall be conducted bytwo border inspectors who are the same sex as the persons subject to thesearch.

   Article 67 In such cases that theexit/entry documents such as visas or foreigners’ stay or residence permits aredamaged, lost or stolen, or that after the issuance of such documents, theholders are found not eligible for being issued such documents, the issuingauthorities shall declare the aforesaid documents void.

   Exit/entry documents which are forged,altered, obtained by fraudulent means or are declared void by issuingauthorities shall be invalid.

   Public security organs may cancel orconfiscate the exit/entry documents prescribed in the preceding paragraph orused fraudulently by persons other than the specified holders.

   Article 68 Public security organs may seizethe transport vehicles used to organize, transport or assist others in illegallyexiting or entering China as well as the articles needed as evidence inhandling the cases.

   Public security organs shall seize bannedarticles, documents and data involving state secrets, as well as tools used inactivities violating the regulations on exit/entry administration, and handlethem in accordance with relevant laws or administrative regulations.

   Article 69 The authenticity of exit/entrydocuments shall be determined by the issuing authorities, the exit/entry borderinspection authorities or the exit/entry administrations of public securityorgans.

   Chapter VII

   Legal Liabilities

   Article 70 Unless otherwise provided for inthis Chapter, the administrative penalties prescribed in this Chapter shall bedecided by the public security organs under local people’s governments at orabove the county level or the exit/entry border inspection authorities. Penaltiesinvolving the imposition of warnings or fines of not more than RMB 5,000 yuanmay be decided by the exit/entry administrations of public security organsunder local people’s governments at or above the county level.

   Article 71 Persons who commit any of thefollowing acts shall be fined not less than RMB 1,000 yuan but not more thanRMB 5,000 yuan; where circumstances are serious, such persons shall be detainedfor not less than five days but not more ten days and may also be fined notless than RMB 2,000 yuan but not more than RMB 10,000 yuan.

   (1) Exit or enter China with forged,altered or fraudulently obtained exit/entry documents;

   (2) Exit or enter China using others’exit/entry documents;

   (3) Evade exit/entry border inspection; or

   (4) Illegally exit or enter China in anyother way.

   Article 72 Persons who assist others inillegally exiting or entering China shall be fined not less than RMB 2,000 yuanbut not more than RMB 10,000 yuan; where circumstances are serious, they shallbe detained for not less than 10 days but not more than 15 days and shall alsobe fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan, andthe illegal gains, if any, shall be confiscated.

   Entities engaging in any of the actsprescribed in the preceding paragraph shall be fined not less than RMB 10,000yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated ifthere are any; and the persons in charge of the entities who are directlyresponsible and other persons directly responsible shall be punished inaccordance with the provisions in the preceding paragraph.

   Article 73 Persons who obtain exit/entrydocuments such as visas or stay or residence permits by resorting to fraudulentacts shall be fined not less than RMB 2,000 yuan but not more than RMB 5,000yuan; where circumstances are serious, they shall be detained for not less than10 days but not more than 15 days and shall also be fined not less than RMB5,000 yuan but not more than RMB 20,000 yuan.

   Entities engaging in any of the actsprescribed in the preceding paragraph shall be fined not less than RMB 10,000yuan but not more than RMB 50,000 yuan; and the persons in charge of theentities who are directly responsible and other persons directly responsibleshall be punished in accordance with the provisions in the preceding paragraph.

   Article 74 Persons who issue writteninvitations or other application materials to foreigners in violation of thisLaw shall be fined not less than RMB 5,000 yuan but not more than RMB 10,000yuan, with the illegal gains confiscated if there are any, and shall also beordered to bear exit expenses of the invited foreigners.

   Entities engaging in any of the actsprescribed in the preceding paragraph shall be fined not less than RMB 10,000yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated ifthere are any, and shall also be ordered to bear exit expenses of the invitedforeigners; the persons in charge of the entities who are directly responsibleand other persons directly responsible shall be punished in accordance with theprovisions in the preceding paragraph.

   Article 75 Where Chinese citizens arerepatriated due to illegally going to other countries or regions after exitingChina, exit/entry border inspection authorities shall confiscate theirexit/entry documents. Exit/entry document issuing authorities shall refuse toissue new exit/entry documents to such citizens for a period ranging from sixmonths to three years calculating from the date of their repatriation.

   Article 76 Under any of the followingcircumstances, a warning shall be given, and a fine of not more than RMB 2,000yuan may also be imposed:

   (1) Foreigners refuse to accept examinationof their exit/entry documents by public security organs;

   (2) Foreigners refuse to submit theirresidence permits for examination;

   (3) Persons concerned fail to go throughthe formalities for foreigners’ birth registration or death declaration inaccordance with relevant regulations;

   (4) Foreigners fail to go through theformalities for altering registration in accordance with the relevantregulations when there is any change in the registered items in their residencepermits;

   (5) Foreigners in China use others’exit/entry documents; or

   (6) Persons concerned fail to go throughregistration formalities in accordance with the provisions in the secondparagraph of Article 39 of this Law.

  Hotels that fail to process accommodation registration for foreignersshall be punished in accordance with the relevant provisions of the Law of thePeople’s Republic of China on Penalties for Administration of Public Security;hotels that fail to submit foreigners’ accommodation registration informationto public security organs shall be given a warning; where circumstances areserious, such hotels shall be fined not less than RMB 1,000 yuan but not morethan RMB 5,000 yuan.

   Article 77 Foreigners accessingforeigner-restricted areas without approval shall be ordered to leave promptly;where circumstances are serious, such foreigners shall be detained for not lessthan five days but not more than ten days. The text records, audio-visual data,electronic data and other articles illegally obtained thereof by the foreignersshall be confiscated or destroyed, and the tools used for the aforementionedpurposes shall be confiscated.

   Foreigners or foreign institutions refusingto execute decisions made by public security organs or national security organsordering them to relocate within a prescribed time limit shall be given awarning and be relocated mandatorily; where circumstances are serious, relevantresponsible persons shall be detained for not less than five days but not morethan fifteen days.

   Article 78 Foreigners who reside in Chinaillegally shall be given a warning; where circumstances are serious, they shallbe imposed with a fine of RMB 500 yuan per day, with a cap of RMB 10,000 yuan intotal, or be detained for not less than five days but not more than 15 days.

   Where guardians or other personsresponsible for guardianship fail to perform the guardian obligation and resultin foreigners below 16 years of age residing in China illegally, the saidguardians or other obligated persons shall be given a warning and may also befined not more than RMB 1,000 yuan.

   Article 79 Persons harboring or hidingforeigners who illegally enter or reside in China, or assisting such foreignersin evading inspection, or providing, in violation of the law, exit/entrydocuments for foreigners who illegally reside in China shall be fined not lessthan RMB 2,000 yuan but not more than RMB 10,000 yuan; where circumstances areserious, such persons shall be detained for not less than five days but notmore than fifteen days and shall also be fined not less than RMB 5,000 yuan butnot more than RMB 20,000 yuan, with the illegal gains confiscated if there areany.

   Entities engaging in any of the acts prescribedin the preceding paragraph shall be fined not less than RMB 10,000 yuan but notmore than RMB 50,000 yuan, with the illegal gains confiscated if there are any;and the persons in charge of the entities who are directly responsible andother persons directly responsible shall be punished in accordance with theprovisions in the preceding paragraph.

   Article 80 Foreigners who work in Chinaillegally shall be fined not less than RMB 5,000 but not more than RMB 20,000yuan; where circumstances are serious, they shall be detained for not less thanfive days but not more than fifteen days and shall also be fined not less thanRMB 5,000 yuan but not more than RMB 20,000 yuan.

   Persons who introduce jobs to ineligibleforeigners shall be fined RMB 5,000 yuan for each job illegally introduced toone foreigner, with a cap of not more than RMB 50,000 yuan in total; andentities that introduce jobs to ineligible foreigners shall be fined RMB 5,000yuan for each job illegally introduced to one foreigner, with a cap of RMB100,000 yuan in total; and the illegal gains, if any, shall be confiscated.

   Individuals or entities that illegallyemploy foreigners shall be fined RMB 10,000 yuan for each illegally employedforeigner, with a cap of RMB 100,000 yuan in total; and the illegal gains, ifany, shall be confiscated.

   Article 81 Where foreigners engage inactivities not corresponding to the purposes of stay or residence, or otherwiseviolate the laws or regulations of China, which makes them no longer eligibleto stay or reside in China, they may be ordered to exit China within a timelimit.

   Where a foreigner’s violation of this Lawis serious but does not constitute a crime, the Ministry of Public Security maydeport them. The penalty decision made by the Ministry of Public Security shallbe final.

   Deported foreigners shall not be allowed toenter China within 10 years calculating from the date of deportation.

   Article 82 Under any of the followingcircumstances, relevant persons shall be given a warning and may also be finednot more than RMB 2,000 yuan:

   (1) Disrupt the administrative order of therestricted zones of ports;

   (2) Foreign seamen or their accompanyingfamily members disembark without going through the formalities for temporaryentry; or

   (3) Embark on or disembark from foreignships without obtaining boarding passes.

   Persons who violate Subparagraph (1) of thepreceding paragraph may be detained for not less than five days but not morethan ten days if the circumstances are serious.

   Article 83 Where transport vehicles fallunder any of the following circumstances, the persons in charge of thetransport vehicles shall be fined not less than RMB 5,000 yuan but not morethan RMB 50,000 yuan:

   (1) Exit or enter China without examinationand approval, or change the ports of exit or entry without approval;

   (2) Fail to truthfully declare informationof staff, passengers, goods or articles, or refuse to assist in exit/entryborder inspection; or

   (3) Embark or disembark passengers, or loador unload goods or articles in violation of the regulations on exit/entryborder inspection.

   Transport vehicles that exit or enter Chinacarrying persons who are not allowed to exit or enter China shall be fined notless than RMB 5,000 yuan but not more than RMB 10,000 yuan for each aforesaidperson carried. Where the persons in charge of the transport vehicles provethat they have taken reasonable preventative measures, they may be givenmitigated penalties or be exempt from penalties.

   Article 84 Where transport vehicles fallunder any of the following circumstances, the persons in charge of thetransport vehicles shall be fined not less than RMB 2,000 yuan but not morethan RMB 20,000 yuan:

   (1) Chinese or foreign ships berthalongside foreign ships without approval;

   (2) Foreign ships or aircrafts fail tonavigate according to the prescribed routes in China; or

   (3) Ships and aircrafts that exit or enterChina access areas outside the ports open to foreign countries.

   Article 85 Where staff members performingthe duty of exit/entry administration commit any of the following acts, theyshall be given disciplinary sanctions in accordance with the law:

   (1) In violation of laws or administrativeregulations, issue exit/entry documents such as visas or stay or residencepermits to foreigners who do not meet the prescribed conditions;

   (2) In violation of laws or administrativeregulations, examine and allow the exit or entry of persons or transportvehicles that do not meet the prescribed conditions;

   (3) Divulge personal information gained inexit/entry administration work and infringing the legitimate rights andinterests of relevant parties;

   (4) Fail to turn over in accordance withrelevant regulations to the State Treasury the fees, fines or illegal gains orproperty that are collected or confiscated in accordance with the law;

   (5) Privately share, encroach on ormisappropriate the funds or articles confiscated or seized or the feescollected; or

   (6) Other failures in performing statutoryduties in accordance with the law, such as abuse of power, dereliction of duty,or resorting to malpractice for personal gain.

   Article 86 In the case of violation ofregulations on exit/entry administration and that a fine of not more than RMB500 yuan should be imposed, the exit/entry border inspection authorities maymake a penalty decision on the spot.

   Article 87 Persons or entities that arefined for violation of regulations on exit/entry administration shall pay theirfines in the designated banks within 15 days from the date of receiving thewritten decision on penalty. Where it is difficult to collect fines after afine is imposed because the person or entity subject to penalty has no fixeddomicile in the place where the fine is imposed or it is difficult to pay fineto the designated bank at the port, the fine may be collected on the spot.

   Article 88 Where a violation of this Lawconstitutes a crime, criminal liabilities shall be investigated in accordancewith the law.

   Chapter VIII

   Supplementary Provisions

   Article 89 Definitions of the followingterms mentioned in this Law:

   Exit refers to leaving the Chinese mainlandfor other countries or

regions,for the Hong Kong Special Administrative Region or the Macao

SpecialAdministrative Region, or for Taiwan Region.

   Entry refers to entering the Chinesemainland from other countries or regions, from the Hong Kong SpecialAdministrative Region or the Macao Special Administrative Region, or fromTaiwan Region.

   Foreigners refer to persons without Chinesenationality.

   Article 90 Upon approval by the StateCouncil, provinces and autonomous regions bordering on neighboring countriesmay, in accordance with the boundary administration agreements signed by Chinawith relevant countries, formulate local regulations or local government rulesto regulate the association of residents in border areas of the two countries.

   Article 91 Where there are otherregulations on the administration of the entry/exit, stay or residence of themembers of foreign diplomatic and consular missions in China, or theentry/exit, stay or residence of other foreigners who enjoy diplomaticprivileges and immunities, these regulations shall prevail.

   Article 92 Foreigners who apply forexit/entry documents such as visas or foreigner stay or residence permits orapply for document extension or alteration shall pay visa fees or document feesin accordance with relevant regulations.

   Article 93 This Law shall come into forceas of July 1, 2013. The Law of the People’s Republic of China on the Entry andExit Administration of Foreigners and the Law of the People’s Republic of Chinaon the Entry and Exit Administration of Chinese Citizens shall be annulledsimultaneously.