Article 2 Aliens must have prior permission from competent authorities of the Chinese Government to enter transit and reside inChina.

Article 3 for entry, exit and transit aliens must use ports declared open to aliens or specially designated ports and accept inspection at border checkpoint, Alien means of transport must also proceed through ports and accept inspection and supervision at border checkpoints.

Article 4 The Chinese Government protests the legitimate rights and interests of aliens on Chinese territory.
The personal freedom of aliens shall not be infringed, and without a warrant or decision by a people’s procuratorate or decision by a people’s court and the execution of such a warrant or decision by a public security organ or state security organ aliens shall not be liable to arrest.

Article 5 Aliens inChinamust abide by Chinese law and not jeopardize the national security ofChina, harm public interest or undermine social order.

Chapter Two

ENTRY

Article 6 for entry into China, aliens shall apply for visas from Chinese diplomatic by the Ministry of Foreign Affairs. In specific situations and in compliance with the stipulations of the State Council, aliens may also apply for visas from visa issuing agencies at ports designated by competent authorities of the Chinese Government.

The entry of national from countries having visa agreements with the Chinese Government shall be handled in accordance with the agreements.

In cases where another country has special regulations for the entry and transit of Chinese citizens, the competent authorities of the Chinese Government may assume similar measures contingent on the situation.

Aliens who transitChinaon international flights and spend no more than 24 hours entirely within airport boundaries do not need visas. Anyone desiring to leave the airport temporarily may obtain permission from border checkpoints.

Article 7 when applying for visas, aliens shall present valid passports and, if necessary, provide pertinent evidence.

Article 8 Aliens invited or hired to work inChinashall, when applying for visas, produce evidence of invitation or hire.

Article 9 Aliens desiring to reside permanently inChinashall, when applying for Chinese visas, present status-of-residence identification forms. Applicants may obtain such forms from public security organs at the intended place of residence.

Article 10 Competent authorities of the Chinese Government shall issue visas according to the particulars of alien application for entry intoChina.

Article 11 when aircraft or vessels navigating on international routes arrive in Chinese ports, the captain or his agent must submit a passenger list to border checkpoints; alien aircraft or vessels must also provide a list of crew members.

Article 12 Aliens considered a possible threat toChina’s national security and social order shall not be permitted to enterChina.

Chapter Three

RESIDENCE

Article 13 for residence inChinaaliens must possess identification cards or residence certificates issued by competent authorities of the Chinese Government.

The term of validity of identification cards or residence certificates shall be decided according to the reasons for entry.

Aliens residing inChinashall submit their certificates for examination to the local public security organs within the prescribed period of time.

Article 14 Aliens who, in compliance with Chinese law, desire to establish prolonged residence in China for the purpose of investing in China or engaging in cooperative projects with Chinese enterprises or government institutions in such fields as economy, science and technology, and culture as well as other undertakings may be eligible for prolonged or permanent residence in China upon approval by competent authorities of the Chinese Government.

Article 15 Aliens who seek political asylum shall be permitted to reside inChinaupon approval by competent authorities of the Chinese Government.

Article 16 Aliens who fail to abide by Chinese law may have their period of stay inChinacurtailed or their status of residence inChinaannulled by competent authorities of the Chinese Government.

Article 17 For a temporary overnight stay inChinaaliens shall be registered pursuant to stipulations.

Article 18 If aliens holding residence certificates desire to change their place of residence inChina, they must undergo removal procedures pursuant to stipulations.

Article 19 Aliens who have not obtained residence certificates or are on a study programme inChinashall not seek employment inChinawithout the permission of competent authorities of the Chinese Government.

Chapter Four

TRAVEL

Article 20 Aliens who hold valid visas or residence certificates may travel to places declared open to aliens by the Chinese Government.

Article 21 Aliens who desire to travel to places closed to aliens shall apply for travel permits from local public security organs.

Chapter Five

EXIT

Article 22 for exit fromChina, aliens shall present valid passports or other valid certificates.

Article 23 Aliens who fit one of the following cases shall not be permitted to exitChina:

(1) A defendant in a criminal case or a criminal suspect of having committed a crime under the jurisdiction of a public security organ or people’s procuratorate or people’s court.

(2)Anyone under notice from the people’s court to be denied exit for an unsettled civil case.

(3) Anyone awaiting decision for other contravention of Chinese law, whose case is up for investigation by relevant competent authorities.

Article 24 Border checkpoints shall have the power to prohibit exit to aliens who come under one of the following conditions and to handle them according to law:

(1)Those who hold invalid exit certifications.

(2)Those who hold exit certificates other than their own.

(3)Those who hold forged or altered exit certificates.

Chapter Six

ADMINISTRATIVE ORGANS

Article 25China’s diplomatic and consular missions and other foreign-based agencies authorized by the Ministry of Foreign Affairs are the agents of the Chinese Government abroad to handle aliens’ applications for entry and transit.

The Ministry of Public Security, departments in charge of exit and entry matters in local public security organs authorized by the Ministry of Public Security, the Ministry of Foreign Affairs and local foreign affairs departments authorized by the Ministry of Foreign Affairs are agents of the Chinese Government inChinato handle aliens’ applications for entry, transit, residence and travel.

Article 26 The authorities handling aliens’ applications for entry, transit, residence and travel shall have the power to refuse to issue visas and certificates or to cancel or annul visas and certificates already issued.
The Ministry of Public Security and the Ministry of Foreign Affairs may, if necessary, alter decisions made by their respective authorized agencies.

Article 27 Aliens who enterChinaillegally or establish illegal residence may be detained by public security organs above county level for examination or be subjected to supervised residence or deportation.

Article 28 Policemen in charge of foreign affairs at public security organs above county level shall have the power to examine aliens’ passports and other certificates. When conducting such examination, the policemen in question shall produce their own work certificates, and the relevant organizations or individuals shall be under obligation to offer assistance.

Chapter Seven

PENALTIES

Article 29 Those who enter or exit China illegally, establish illegal residence or make an illegal stopover, travel to places closed to aliens without valid travel documents or forge, alter, misuse or negotiate entry or exit certificates in contravention of the provisions of the present procedures shall be subjected by public security organs above county level to such penalties as warning, fine or detention for less than ten days, and if violations are serious enough to form a criminal case, to criminal prosecution according to law.

If aliens being fined or detained by public security organs do not agree with the penalty, they may, within fifteen days of receiving the notice, appeal to the next higher public security organ, which shall make the final judgment; they may also file a suit directly in a local people’s court.

Article30 Incases where contravention of present procedures is serious, such as those listed in Article 29, the Ministry of Public Security may order those involved in such contravention to leave the country within a certain time limit or may expel them from the country.

Chapter Eight

ANCILIARY PROVISIONS

Article 31 The term “aliens” used in theses procedures shall mean any person not having Chinese nationality, according to the Nationality Law of the People’s Republic ofChina.

Article 32 Transitory entry into and exit fromChinaby citizens of countries adjacent toChinawho reside in contiguous areas shall be handled pursuant to agreements between the two countries; if no such agreements exist, transitory entry and exit shall be handled in accordance with the stipulations of the Chinese Government.
Article 33 Rules for implementation of the present procedures shall be formulated by the Ministry of Public Security and The Ministry of Foreign Affairs and come into force upon approval by the State Council.

Article 34 After their entry intoChina, affairs of staff members of foreign diplomatic and consular missions to the People’s Republic ofChinaand of other aliens who enjoy diplomatic privileges and immunity shall be administered in accordance with the pertinent stipulations of the State Council and its competent authorities.

Article 35 These procedures shall take effect as of February 1, 1986.