Regulations ofthe People’s Republic of China on Administration of the Entry and Exit of Foreigners

Chapter Ⅰ GeneralProvisions

Article 1 TheseRegulations are formulated in accordance with the Exit and Entry AdministrationLaw of the People’s Republic of China (hereinafter referred to as the Exit andEntry Administration Law), for the purpose of regulating the issuance of visasand provision of services to, and administration of affairs of, foreigners whostay or reside within the territory of China.

Article 2 TheState establishes a mechanism for coordinating the services and administrationin respect of the entry and exit of foreigners, in order to improve the overallarrangement, coordination and cooperation in this field.

The people’sgovernments of provinces, autonomous regions, and municipalities directly underthe Central Government may, where necessary, establish mechanisms forcoordinating the services and administration in respect of the entry and exitof foreigners, in order to increase exchange of information and facilitatecoordination and cooperation, and provide services and administration withintheir respective administrative regions.

Article 3 TheMinistry of Public Security shall, in conjunction with the relevant departmentsof the State Council, establish a platform of information concerning theservices and administration in respect of the entry and exit of foreigners inorder to share information in this field.

Article 4 Inissuing visas and in administering the stay and residence of foreigners withinthe territory of China, the Ministry of Foreign Affairs, the Ministry of PublicSecurity and other departments of the State Council shall, on their portals andwebsites and at the places where exit or entry applications are accepted, makeavailable the laws and regulations on the administration of the entry and exitof foreigners and other information that foreigners need to know.

Chapter Ⅱ Categories and Issuance of Visas

Article 5 Thescope and measures for issuance of diplomatic, courtesy and official visasshall be specified by the Ministry of Foreign Affairs.

Article 6Ordinary visas are divided into the following categories and shall be markedwith corresponding letters in the Chinese phonetic alphabet:

(1) The C visais issued to crewmembers performing duties on board an international train,aircraft or vessel, and the accompanying family members of vessel crewmembers,and vehicle drivers engaged in international transportation services;

(2) The D visais issued to persons who come to China for permanent residence;

(3) The F visais issued to persons who come to China for exchanges, visits, study tours orother relevant activities;

(4) The G visais issued to persons who transit through China;

(5) The J1 visais issued to resident foreign journalists of permanent offices of foreign newsagencies in China; the J2 visa is for foreign journalists who come to China forshort-term news coverage;

(6) The L visais issued to persons who come to China for travel; persons who come to Chinafor group travel can be issued Group L visas;

(7) The M visais issued to persons who come to China for commercial trade activities;

(8) The Q1 visais issued to family members of Chinese citizens and family members offoreigners with permanent residence status in China who apply for residence inChina for family reunion, as well as for persons who apply for residence inChina for fosterage or other purposes; the Q2 visa is for relatives of Chinesecitizens living in China, or relatives of foreigners with permanent residencestatus in China, who apply for a short-term visit;

(9) The R visais issued to foreigners of high talent who are needed, or specialists who areurgently needed, by the State;

(10) The S1 visais issued to the spouses, parents, children under the age of 18 orparents-in-law of foreigners residing in China for work, study or otherpurposes who apply for a long-term visit to China, as well as for persons whoneed to reside in China for other personal matters; the S2 visa is for familymembers of foreigners staying or residing in China for work, study or otherpurposes who apply for a short-term visit to China, as well as for persons whoneed to stay in China for other personal matters;

(11) The X1 visais issued to persons who apply for long-term study in China; the X2 visa is forpersons who apply for short-term study in China; and

(12) The Z visais issued to persons who apply for work in China.

Article 7 Aforeigner applying for a visa shall fill out the application form, and submithis or her passport or other international travel documents, qualified photos,and material relating to the purpose of application.

(1) To apply forthe C visa, the applicant shall submit the letter of guarantee provided by aforeign transportation company or the letter of invitation provided by theentity concerned in China;

(2) To apply forthe D visa, the applicant shall submit the form issued by the Ministry ofPublic Security confirming his or her permanent residence status;

(3) To apply forthe F visa, the applicant shall submit the invitation letter provided by theinviting party in China;

(4) To apply forthe G visa, the applicant shall submit a through ticket (air, road, rail orsea) to another country or region with the date and seat number on it;

(5) To apply forthe J1 or J2 visa, the applicant shall go through the formalities ofexamination and approval in accordance with the Chinese provisions on newscoverage by permanent offices of foreign news agencies in China and by foreignjournalists, and submit the relevant application material;

(6) To apply forthe L visa, the applicant shall, as required, submit travel plans and itineraryand other material; in the case of a group tour, the applicant shall alsosubmit the letter of invitation provided by the travel agency;

(7) To apply forthe M visa, the applicant shall, as required, submit the letter of invitationprovided by the commercial or trade partner in China;

(8) To apply forthe Q1 visa, in the case of applying for residence in China for family reunion,the applicant shall submit the invitation letter provided by the Chinesecitizen living in China or by the foreigner with permanent residence status inChina and proof of family relationship; and in the case of applying for entryfor fosterage or other purposes, the applicant shall submit such certificationdocuments as a power of attorney; to apply for the Q2 visa, the applicant shallsubmit such certification documents as the letter of invitation provided by theChinese citizen living in China or by the foreigner with permanent residencestatus in China;

(9) To apply forthe R visa, the applicant shall meet the qualifications and requirements set bythe competent authorities of the Chinese government for inviting persons ofhigh talent or urgently needed specialists, and the applicant shall, inaccordance with relevant provisions, submit the relevant certificationdocuments;

(10) To applyfor the S1 or S2 visa, the applicant shall, as required, submit the invitationletter provided by the foreigner staying or residing in China for work, studyor other purposes and proof of family relationship, or the certificationdocuments required for dealing with personal matters in China;

(11) To applyfor the X1 visa, the applicant shall, in accordance with relevant provisions,submit the admission notice issued by the admission institution and thecertification documents provided by the competent authority; to apply for theX2 visa, the applicant shall, in accordance with relevant provisions, submit suchcertification documents as the admission notice issued by the admissioninstitution; and

(12) To applyfor the Z visa, the applicant shall, in accordance with relevant provisions,submit the work permit and other certification documents.

The visa authoritymay, in light of specific cases, require a foreigner to submit additionalapplication material.

Article 8 In oneof the following circumstances, a foreigner shall be interviewed as required bythe visa authority abroad:

(1) Theapplicant applies for entry into China for residence;

(2) Informationabout the applicant’s personal identity or his or her purpose of entry requiresfurther verification;

(3) Theapplicant has a record of being denied entry into China or ordered to exitChina within the prescribed time limit; or

(4) Othercircumstances where an interview is necessary.

Where the visaauthority abroad requires relevant departments or entities in China to helpwith the verification of relevant information, the latter shall cooperate.

Article 9 Wherethe visa authority, upon examination, deems the applicant to be eligible forbeing issued a visa, it shall issue to the applicant the appropriate categoryof visa. Where the applicant needs to obtain a residence permit after entry,the visa authority shall specify on the visa the time limit for applying forsuch permit after entry.

Chapter Ⅲ Administration of Stay andResidence

Article 10Where, after entry with a visa, a foreigner changes his or her purpose of stayor is granted entry conveniences in accordance with relevant provisions of theState, or where a foreigner starts using a new passport or needs to stayseparately from his or her tour group after entering China with a group visadue to objective reasons, the applicant may apply to the exit and entryadministration authority of the public security organ of the local people’sgovernment at or above the county level in the place of his or her stay for achange of visa.

Article 11 Wherethe visa of a foreigner in China is lost, damaged, destroyed, stolen or robbed,the applicant shall, in a timely manner, apply to the exit and entryadministration authority of the public security organ of the local people’sgovernment at or above the county level in the place of his or her stay forre-issuance of the visa.

Article 12 Toapply for extension, change or re-issuance of a visa, or for a stay permit, aforeigner shall fill out an application form and submit his or her passport orother international travel documents, qualified photos, and material relatingto the purpose of application.

Article 13 Wherea foreigner’s application for extension, change or re-issuance of a visa, orfor a stay permit, meets the acceptance provisions, the exit and entryadministration authority of the public security organ shall issue a receipt ofacceptance valid for a period of time not exceeding 7 days, and make a decisionon whether to issue the visa within the validity period of the receipt ofacceptance.

Where theprocedures followed or material submitted by a foreigner for extension, change,or re-issuance of a visa or for issuance of a stay permit does not conform torelevant provisions, the exit and entry administration authority of the publicsecurity organ shall, in a one-off manner, notify the applicant of theprocedure(s) to be followed and the material to be supplemented and corrected.

During theperiod of time when the applicant’s passport or other international traveldocuments are retained for processing his or her application for a visa orpermit, the applicant may stay in China legally on the strength of the receiptof acceptance.

Article 14 Thedecision made by the exit and entry administration authority of the publicsecurity organ to extend the duration of stay specified in a visa is only validfor the current entry and does not affect the number of entries or the validityperiod of the entry specified in the visa. However, the total period ofextension shall not exceed the original duration of stay specified in the visa.

When theduration of stay specified in the visa is extended, a foreigner shall adhere tothe purpose specified in the original visa and stay within the extendedduration of stay.

Article 15Residence permits are divided into the following types:

(1) Theresidence permit for work is issued to persons who work in China;

(2) Theresidence permit for study is issued to persons who pursue long-term studies inChina;

(3) Theresidence permit for journalists is issued to resident foreign journalists ofpermanent offices of foreign news agencies in China;

(4) Theresidence permit for reunion is issued to family members of Chinese citizensand family members of foreigners with permanent residence status in China whoneed to reside in China for family reunion, and to persons who need to residein China for fosterage or other purposes; and

(5) Theresidence permit for personal matters is issued to spouses, parents, childrenunder the age of 18 or parents-in-law of foreigners residing in China for work,study or other purposes, who apply for long-term visit to China, as well as forpersons who need to reside in China for other personal matters.

Article 16 Aforeigner applying for a residence permit shall submit his or her passport orother international travel documents, qualified photos, and material relatingto the purpose of application, go through the relevant formalities in personwith the exit and entry administration authority of the public security organof the local people’s government at or above the county level in the proposedplaces of his or her residence, and provide biometric identificationinformation such as fingerprints thereto.

(1) To apply fora residence permit for work, the applicant shall submit such certificationdocuments as a work permit; in the case of a person of high talent who isneeded or, a specialist who is urgently needed, by the State, the applicantshall submit relevant certification documents in accordance with relevantprovisions;

(2) To apply fora residence permit for study, the applicant shall, in accordance with relevantprovisions, submit such certification documents as a letter indicating theduration of study provided by the admission institution;

(3) To apply fora residence permit for journalists, the applicant shall submit the letterprovided and the Press Card issued by the competent department;

(4) To apply fora residence permit for reunion, the applicant shall submit proof of familyrelationship and certification documents relating to the purpose of application;if the applicant needs to reside in China for fosterage or other purposes, heor she shall submit such certification documents as a power of attorney; and

(5) To apply fora residence permit for personal matters, in the case of a long-term visit, theapplicant shall, as required, submit such certification documents as proof ofkinship and the residence permit of the foreigner to be visited; to apply forentry to deal with personal matters, the applicant shall submit the documentscertifying the need to reside in China.

When applyingfor a residence permit valid for more than 1 year, a foreigner shall, inaccordance with relevant provisions, submit his or her health certificate. Ahealth certificate is valid for six months beginning from the date of issue.

Article 17 Toapply for extension, change or re-issuance of a residence permit, a foreignershall fill out an application form and submit his or her passport or otherinternational travel documents, qualified photos, and material relating to thepurpose of application.

Article 18 Wherea foreigner’s application for a residence permit or for extension, change orre-issuance of a residence permit meets the acceptance provisions, the exit andentry administration authority of the public security organ shall issue areceipt of acceptance valid for a period not exceeding 15 days, and make adecision on whether to issue the visa within the validity period of the receiptof acceptance.

Where theprocedures followed or material submitted by a foreigner for a residence permitor for extension, change or re-issuance of a residence permit does not conformto relevant provisions, the exit/entry administration authority of the publicsecurity organ shall, in a one-off manner, notify the applicant of theprocedure(s) to be followed and the material to be supplemented and corrected.

During theperiod of time when the applicant’s passport or other international traveldocuments are retained for processing his or her application for a residencepermit, the applicant may reside in China legally on the strength of thereceipt of acceptance.

Article 19 Inone of the following circumstances, the inviting entity or individual, therelative of the applicant or the specialized service agency concerned may applyfor extension, change or re-issuance of a visa or residence permit, or applyfor a stay permit on behalf of the applicant:

(1) Theapplicant is under the age of 16 or over the age of 60 or it would undulyinconvenience the applicant due to illness or other reasons;

(2) Theapplicant’s current entry is not his or her first entry into China and theapplicant has a good record of stay or residence in China; or

(3) The invitingentity or individual has guaranteed to cover the necessary expenses of the applicantincurred in China.

If the applicantis a person of high talent who is needed, or a specialist who is urgentlyneeded, by the State, or is in the circumstance prescribed by subparagraph (1)of the preceding paragraph, the inviting entity or individual, the relative ofthe applicant or the specialized service agency concerned may apply for aresidence permit on his or her behalf.

Article 20 Theexit and entry administration authority of the public security organ may verifythe purpose of application through such means as interview, telephone inquiryand on-the-spot investigation, and the applicant as well as the entity orindividual that has provided the letter of invitation or certificationdocuments shall cooperate.

Article 21 Inone of the following circumstances, the exit and entry administration authorityof the public security organ shall not approve the application for extension,change or re-issuance of a visa or residence permit, or the application for astay permit, submitted by a foreigner:

(1) Theapplicant fails to provide material supporting his or her application inaccordance with relevant provisions;

(2) Theapplicant has knowingly falsified information in the application process;

(3) Theapplicant is not eligible for staying or residing in China due to violation ofrelevant Chinese laws or administrative regulations; or

(4) Othercircumstances where it is not appropriate to approve the applicant’sapplication for extension, change or re-issuance of a visa or residence permit,or for issuance of a stay permit.

Article 22 Wherea foreigner holding a residence permit for study intends to engage inoff-campus work-study or internship, he or she shall, upon the approval of theschool, apply to the exit and entry administration authority of the publicsecurity organ to have such information as the location and duration of thework-study program or internship placement specified in his or her residencepermit.

A foreignerholding a residence permit for study shall not engage in any off-campuswork-study or internship unless the information prescribed in the precedingparagraph is specified in his or her residence permit.

Article 23 Aforeigner who does not hold a valid passport or other international traveldocuments due to loss, damage, destruction, theft, robbery or other reasons andcannot get the said passport or documents reissued by the relevant institutionof his own country stationed in China may apply for exit formalities to theexit and entry administration authority of the public security organ of thelocal people’s government at or above the county level in the place of his orher stay or residence.

Article 24 Aforeigner whose area of stay is specified in his exit and entry documents or aforeigner who is approved temporary entry into China with restrictions on areaof stay by the exit and entry border inspection authority shall stay in thespecified or restricted area.

Article 25 Inone of the following circumstances, a foreigner shall be deemed to be residingin China illegally:

(1) Theapplicant’s stay or residence exceeds the duration specified in his or hervisa, stay permit or residence permit;

(2) Theapplicant overstays the visa-free period and fails to obtain a stay permit orresidence permit;

(3) Theactivities of the applicant go beyond the restricted area of stay or residence;or

(4) Othercircumstances where foreigners reside illegally.

Article 26 Upondiscovery of one of the following circumstances, the entity that employs aforeigner or admits a foreign student shall, in a timely manner, report to theexit and entry administration authority of the public security organ of thelocal people’s government at or above the county level:

(1) A foreigneremployed resigns or changes employment location;

(2) A foreignstudent admitted has graduated, completed his or her course(s) or study, hasquit school, or has left the school ungraduated;

(3) A foreigneremployed or a foreign student admitted violates the provisions onadministration of exit and entry; or

(4) A foreigneremployed or a foreign student admitted dies, disappears or other seriouscircumstances arise.

Article 27 Wherenecessary, finance, education, medical, telecommunications or other entitiesmay, for business purposes, apply to the exit and entry administrationauthority of the public security organ for verifying the information of aforeigner’s identity.

Article 28 Thestay or residence permits for foreigners who need to stay or reside in Chinafor diplomatic or official purposes shall be issued and administered inaccordance with the provisions of the Ministry of Foreign Affairs.

Chapter Ⅳ Investigationand Repatriation

Article 29Public security organs may establish places for repatriation in light of actualneeds.

A foreigner whois to be detained for investigation in accordance with the provisions ofArticle 60 of the Exit and Entry Administration Law shall be sent to adetention house or a place of repatriation within 24 hours of his or herdetention.

Where, a foreignercannot be repatriated or deported immediately due to weather, his or her healthor other reasons, he or she shall be detained in a detention house or a placeof repatriation with relevant legal instruments.

Article 30 Wherea foreigner’s scope of activities is to be restricted in accordance with theprovisions of Article 61 of the Exit and Entry Administration Law, a writtendecision on such restriction(s) shall be issued. The foreigner subject to therestriction(s) shall report to the public security organ at the designated timeand, without approval of the decision-making organ, he or she shall not changehis living residence or leave the restricted area.

Article 31 Wherea foreigner is to be repatriated in accordance with the provisions of Article62 of the Exit and Entry Administration Law, the organ that makes the decisionon his or her repatriation shall, in accordance with law, decide on thespecific duration of time in which the said foreigner shall not be allowed toenter China.

Article 32 Aforeigner who is subject to repatriation shall bear the related expenses. If heor she is not able to do so, the entity or individual that employed him or hershall bear the expenses in the case of illegal employment; in othercircumstances, the entity or individual that has guaranteed to cover theexpenses of the foreigner during his or her stay or residence in China shallbear the expenses.

Repatriation offoreigners shall be carried out by the public security organs of the localpeople’s governments at or above the county level or the exit and entry borderinspection authorities.

Article 33 Whereit is decided that a foreigner will exit China within a certain time limit, thedecision-making authority shall, after cancelling or confiscating his or heroriginal exit and entry documents, go through the formalities for his or herstay in China and set the time limit for his or her exit. The time limit shallnot exceed 15 days.

Article 34 Inone of the following circumstances, the visa, stay permit or residence permitheld by a foreigner shall be declared null and void by the issuing authority:

(1) His or hervisa, stay permit or residence permit is lost, damaged, destroyed, stolen orrobbed;

(2) The timelimit for his or her exit, repatriation or deportation from China has beendecided, and his or her visa, stay permit or residence permit has not beenconfiscated or cancelled;

(3) The originalpurpose of residence has been changed, but he or she fails to report to theexit and entry administration authority of the public security organ within theprescribed time limit and fails to do so even after the said organ has given apublic notice thereon; or

(4)Circumstances in which a visa or residence permit shall not be issued asprescribed by the provisions of Article 21 or Article 31 of the Exit and EntryAdministration Law.

Where theissuing authority is to declare a visa, stay permit or residence permit nulland void in accordance with law, it may do so on the spot or through a publicnotice.

Article 35 Inone of the following circumstances, the visa, stay permit or residence permitheld by a foreigner shall be cancelled or confiscated by a public securityorgan:

(1) The issuingauthority declares it null and void, or it is being used fraudulently bysomeone else;

(2) It isforged, altered, or obtained by fraud or other illegal means; or

(3) The holderhas been decided on a time for exit, repatriation or deportation from China.

The authoritythat makes a decision on cancellation or confiscation of a visa, stay permit orresidence permit shall, in a timely manner, notify the issuing authority.

Chapter Ⅴ Supplementary Provisions

Article 36Meaning of terms in these Regulations:

(1) The numberof entries specified in the visa means the number of times that the visa holdermay enter China within the validity period of the entry specified in the visa;

(2) The validityperiod of the entry specified in the visa means the valid period of time duringwhich the visa holder may enter China. Unless otherwise specified by theissuing authority, a visa is valid from the date of issuance until Beijing time24:00 on the expiring day;

(3) The durationof stay specified in the visa means the period of time during which the visaholder is allowed to stay in China after each entry. It begins from the nextday of entry;

(4) Short-termmeans staying in China for a period not exceeding 180 days (including 180days); and

(5) Long-term orresident means residing in China for a period exceeding 180 days.

The period oftime for examination and approval or the validity period of the receipt ofacceptance of the exit and entry administration authority of the publicsecurity organ in these Regulations is calculated in terms of working days,excluding legal holidays.

Article 37 Withthe approval of the Ministry of Foreign Affairs, the visa authorities abroadmay entrust local institutions with services, such as receiving of visaapplication material, data input and consultancy.

Article 38 Theformat of visas shall be prescribed by the Ministry of Foreign Affairs inconjunction with the Ministry of Public Security. The formats of stay permitsand residence permits shall be prescribed by the Ministry of Public Security.

Article 39 TheseRegulations shall be effective as of September 1, 2013. The Rules on theImplementation of the Law of the People’s Republic of China on the Entry andExit of Aliens, approved by the State Council on December 3, 1986, promulgatedby the Ministry of Public Security and the Ministry of Foreign Affairs onDecember 27, 1986, and revised by the State Council respectively on July 13,1994 and April 24, 2010, shall be repealed simultaneously.