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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II TYPE AND ISSUANCE OF VISAS CHAPTER III STAY AND RESIDE CHAPTER IV INVESTIGATION & DEPORTATION CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This regulation is formulated in accordance to the "Law of the People's Republic of China on Control of the Exit and Entry" in order to standardize the issuance and management of ordinary visa (hereinafter referred to visas) and the management of foreigners' stay and residence in China. Article 2. The relevant departments of the State Council shall establish foreigners' service and management coordination mechanism to strengthen the co-ordination, coordination and cooperation of foreigner's service and management. Provinces, autonomous regions and municipalities directly under the Central People's Government, can establish foreigners' service and management coordination mechanism needed in order to enhance information sharing and coordination and achieve good service and management of foreigners within its own jurisdiction. Article 3. Ministry of Public Security and the departments of the State Council shall set up a platform to manage and share information of the foreign national's entry and exit. Article 4. The departments of the State Council, including Ministry of Foreign Affairs and Ministry of Public Security, shall publish the Exit and Entry of laws and regulations, and other matters that aliens should be informed in the website of the department portal and the place where the applications will be submitted. CHAPTER II TYPE AND ISSUANCE OF VISAS Article 5. The scope and method of issuance of diplomatic visa, courtesy visa, official visa shall be determined by the Ministry of Foreign Affairs. Article 6. Visa is divided into the following categories, and the visa shall display the related Chinese phonetic alphabet: (1) C Visa, issued to aircraft crew, train crew, the driver of the car, the ship's crew and their accompanying family members of the transport equipment which engaged in cross-border transport; (2) D Visa, issued to those who would like to permanently reside in China; (3) F Visa, issued to those who are engaged in non-commercial exchange, visit and expedition activities; (4) G Visa, issued to person who transits through China; (5) J1 Visa, issued to foreign journalists who station in news agencies in China; J2 Visa, issued to foreign journalists who needs to come to China to conduct short term reporting work; (6) L Visa, issued to tourists, people travelling with inbound tourism groups can be issued a Group L Visa; (7) M Visa, issued to those who are visiting for business and trade activities; (8) Q1 Visa, issued to those who apply for entry for family reunification of Chinese nationals or foreigners with permanent residency in China, as well as to person who needs foster care and other reasons to stay in China; Q2 Visa, issued to those who needs to short term visit Chinese citizen or foreign nationals with permanent residency in China; (9) R Visa, issued to those foreign high-level personnel and much-needed highly talented people (10) S1 Visa, issued to spouse, parents, children under 18 years old, parents of the spouse of the foreign nationals who reside in China to reside in China for long term, and those who need to reside in China for personal affairs for long term; S2 Visa, issued to spouse, parents, children under 18 years old, parents of the spouse of the foreign nationals who reside in China to reside in China for short term, and those who need to reside in China for personal affairs for short term. (11) X1 Visa, issued to those who apply for long-term study education or training within Chinese territory; X2 visa, issued to those who apply for short-term study education or training within Chinese territory; and (12) Z Visa, issued to those who apply to work in China. Article 7. Foreigners applying for visas shall fill out the visa application form, submit a valid passport or other international travel documents, photos that meet the relevant requirement and application materials which are relevant to the application reason: (1) Applying for a C Visa: shall provide the guarantee letter issued by the foreign transportation company or invitation letter issued by the relevant entity in China; (2) Applying for D Visa: shall submit "Foreigner Permanent Residency Identification Confirmation Form" issued by the Ministry of Public Security; (3) Applying for F Visa: shall provide the invitation letter issued by the entity or individual in China; (4) Applying for G Visa: shall provide the conjunction air (cars, boats) ticket with confirmed date to the destination country (region) and seat; (5) Applying for J1 and J2 Visas: examination and approval procedures shall be carried out based on the relevant provisions of the permanent offices of foreign news agencies and foreign reporters and provide the appropriate application materials; (6) Applying for L Visa: shall submit in accordance with the requirements the travel itinerary; those who will travel with a group shall also provide the invitation letter from the travel agency; (7) Applying for M Visa: shall submit invitation letter issued by the Chinese business and trade partners; (8) Applying for Q1 Visa: (a) for family unification reason: shall provide invitation letter issued by the family members and proof of the relationship documents; (b) for foster care or other reasons, shall submit documents such as power of attorney; applying for Q2 visa: shall provide invitation letter issued by the Chinese citizens or the foreign nationals with permanent residency status in China; (9) Applying for R Visa: shall obtain the qualification approval in accordance with the provisions of the relevant competent departments of the China government for the high-level personnel and much-needed highly talents, and submit the appropriate supporting documents; (10) Applying for S1 & S2 Visas: shall submit invitation letter issued by the foreign nationals who reside in China and proof of the relationship documents, or supporting documents required for entry for personal affairs; (11) Applying for X1 Visa: shall submit required supporting documents such as the Offer Letter issued by education, training institutions in China; applying for X2 Visa: shall submit Offer Letter issued by education, training institutions in China; (12) Applying for Z Visa: shall submit required work license, etc. Visa issuance authorities may require any other materials. Article 8. Foreigners of the following circumstances shall attend interview in accordance with the requirements of the visa authorities: (1) Applications for residence category visas; (2) Needs further verification on personal identifiable information, reason for entry; (3) Had records of refusing for entry or deport in a limited period of time; (4) Other situations where an interview is necessary as per the discretion of the visa authorities. Overseas visa issuance authorities shall verify the visa application information with the related departments and units in China and those departments and units shall cooperate. Article 9. Visa issuance authorities, which after examination, assess that the applicant meets the visa issuance requirements will issue the appropriate type of visa. For applicants who require applying for residence permits after entry, visa issuance authorities shall indicate the time limit to obtain the residence permit on the visa. CHAPTER III STAY AND RESIDE Article 10. Foreign nationals may apply for new visa at the county-level above local government departments of public security and immigration because of the change of reasons to stay in accordance with the PRC laws, using a new passport, due to objective cause need to stay separately out of the travel group. Article 11. Foreign nationals, whose visas are lost, destroyed or stolen, need to apply for replacements of visas at the county-level above local government departments of public security and immigration of the location of stay. Article 12. Foreigners applying for visas renewal, amendment, replacement and issue of stay permits, should fill in the application forms, provide valid passport or other travel documents, photos which meet the requirements, and other required supporting documents consistent to the application reason and apply in person at the local government departments of public security and immigration of the location of stay. Article 13. After initial assessment, applications which meet the requirement for visa renewal, amendment, replacement or stay permits, the departments of public security and immigration shall accept the application and provide application receipt within 7 days, and make decision within the valid period of the application receipt. Foreign nationals' application procedure or application documents does not meet the requirement for visa renewal, amendment, replacement or stay permit, the departments of public security and immigration should inform applicants with complete procedure and required documents at one time. Applicants whose passports or travel documents are held by the authority can legally stay in China with the application receipt. Article 14. Decisions made by the Public Security Exit and Entry Bureaus to extend duration of stay is only applicable to the current entry of the foreign national, and it does not affect the entries times and validity of the entry visa. But the accumulated extended duration of stay shall not exceed the duration allowed by the original visa. After extended the visa's duration to stay, the visa holder shall stay in China in accordance to the reasons of the original visa and the extended duration. Article 15. Residence permits are classified as follows: (1) Working residence permit: issued to those who need to work in China; (2) Study residence permit: issued to those who need to study in China for long; (3) Journalist residence permits: issued to journalists who need to station in China on a long-term basis; (4) Reunion residence permit: issued to foreign nationals who are family members of Chinese citizens or foreign nationals with permanent residency in China and need to reside in China for family reunion reason, and those who need to reside in China for foster care reasons; and (5) Private affairs residence permit: issued to spouse, parents, children under 18 years old, parents of the spouse of the foreign nationals who reside in China to reside in China for long term, and those who need to reside in China for personal affairs. Article 16. Foreign nationals who apply for residence permits shall fill in the application forms, provide passports or other travel documents, photos that meets the requirement and other supporting documents for the application reasons, submit the applications in person to the departments of the public security and immigration of the local government of the residence location above county level, and leave fingerprints and other biometric information for record: (1) Working residence permit: shall provide working permit etc. supporting document; those who are high-level personnel and much-needed highly talents of the country shall submit the supporting document according to the requirements; (2) Study residence permit: shall provide admission letter issued by qualified educational , training institutions in China; (3) Journalist residence permits: shall provide application letter and the reporter card issued by the relevant department in charge; (4) Reunion residence permit: shall provide relevant documents to prove relationships and relevant supporting documents for the application reasons; for foster care, supporting documents such as power of attorney shall be provided; (5) Private affairs residence permit: for long-term family visit, relationship-proof documents and the residence permit of the people who are going to be visited shall be provided; for private affairs, relevant humanitarian supporting documents shall be provided. Foreign nationals who apply for residence permit with duration longer than 1 year shall provide health certificate. The health certificate shall be within 6 months after its issuance. Article 17. Applicants for visa renewal, amendment, replacement or stay permits shall fill out the visa application form, submit a valid passport or other international travel documents, photos that meet the relevant requirement and application materials which are relevant to the application reason Article 18. After initial assessment, applications which meet the requirement for visa renewal, amendment, replacement or stay permits, the departments of public security and immigration shall accept the application and issue application receipt with validity not more than 15 days, and make decision within the valid period of the application receipt. Foreign nationals' application procedure or application documents does not meet the requirement for visa renewal, amendment, replacement or stay permit, the departments of public security and immigration should inform applicants with complete procedure and required documents at one time. Applicants whose passports or travel documents are held by the authority can legally stay in China with the application receipt. Article 19. For any of the following circumstance, applicants may authorize relatives, inviting company or individual, immigration agencies to submit applications in their absence: (1) people below the age of 16 or above 60, and people with disability; (2) people with non-first entry to China, and good stay/reside record in China; or (3) Inviting companies which guarantee entire financial support for foreign nationals during their stay in China. Foreign nationals who apply are the high-level personnel and much-needed highly talents and fulfill the first aforementioned requirement, the inviting unit, the relatives of the applicants and the immigration agencies may submit applications on behalf of the applicants. Article 20. Departments of public security and immigration may verify the authenticity of application purposes by ways of interview, telephone enquiry, on the field investigation etc.; applicants and inviting parties which issue the inviting letter and supporting documents shall cooperate. Article 21. Foreigners of one of the following circumstances are not allowed to be approved for visa renewal, amendment, replacement application, will not be issued with stay permits: (1) Fail to provide relevant support documents for visa renewal, amendment or replacement; (2) Inauthentic applications ; (3) Breach of PRC laws, regulations, policies and thus not appropriate to stay in China; or (4) Other circumstances which considered not appropriate for approval of visa application or issuing of visa as per the discretion of the Visa Authorities. Article 22. Foreign nationals who hold study residence permits and need to work part time to support their study in China or are required to conduct internship in addition to their study in the educational institution, after obtained approval from the responsible educational institutions, shall apply for adding relevant information such as part time work or internship place, duration etc. to the residence permit at the departments of public security and immigration. Foreign nationals who are study residence permit holders and do not have the information added as stated in the above paragraph must not conduct part-time work or internships outside the educational institutions. Article 23. Foreign nationals, whose passport or international travel document are lost, destroyed or stolen in China, and cannot apply for replacement within China, may apply for exit at the county-level above local government departments of public security and immigration of the location of stay. Article 24. Foreign nationals whose visa specified the areas where they can stay, or who are temporarily approved to enter China and required to stay within certain area by the immigration departments shall stay in the areas specified accordingly. Article 25. Foreign national under any of the following circumstances will be regarded as illegal stay: (1) Stayed and resided beyond the duration of stay stipulated on the visa, stay or residence permit; (2) Foreign nationals entered with visa waiver and stayed beyond the allowed duration of stay without obtaining a stay permit; (3) Foreign nationals travels and stay outside of allowed stay or residence area; or (4) Other illegal stay situation. Article 26. Employers who hire foreign national or education institutions who admit foreign nationals shall report to the local government departments of public security and immigration in case of any of the following: (1) Employed foreign national's work area changed or released; (2) Foreign national student graduated, completed courses, graduate without degree, drop out; (3) Employed foreign national/foreign national student violated entry and exit regulations; or (4) Employed foreign national/foreign national student died or disappeared. Article 27. Financial, educational, medical, telecom units etc have to verify foreign nationals may apply for verification with the departments of the public security and immigration. Article 28. Ministry of Foreign Affairs shall be responsible for the stay/residence permit issuances for foreign nationals who have to stay/reside in China because of diplomatic or official reasons. CHAPTER IV INVESTIGATION & DEPORTATION Article 29. The departments of public security may set up deportation house based on actual demand. Foreign nationals who are detained according to the Article 60 of "Law of the People's Republic of China on Control of the Exit and Entry", shall be sent to the deportation house or detention house/ within 24 hours after being detained. Because of force majeure, including weather and the concerned party's health condition, deportation or expulsion cannot be carried out, and foreign national shall be detained at the deportation house or detention house according to related legal instruments. Article 30. To restrict foreign national's activities in certain area according to the Article 61 of "Law of the People's Republic of China on Control of the Exit and Entry", Statement of Restricted Activity Area shall be issued. Foreign nationals, who are restricted in certain area, shall report to the department of the Public Security within nominated time. Without authorization, those foreign nationals cannot change residence addresses or leaving restricted activity area. Article 31. According to the Article 62 of "Law of the People's Republic of China on Control of the Exit and Entry", the authority which made the decision of deportation, shall concretely state the duration of forbidden entry for the deported foreign national. Article 32. Foreign national shall bear the cost of deportation. If the foreign national cannot afford the cost, the employer or individual who illegally hired the foreign national shall bear the costs. For other circumstantiations, the entity/individual who is the sponsor of the particular foreign national to stay in China shall bear the costs. The local government departments of public security and immigration above county-level shall be responsible for the foreign nationals deportation. Article 33. The departments which ordered the foreign national to leave China shall carry out the formalities for that foreign national and clearly define the exit deadline, after cancelling or seizing their original entry and exit document. The longest period of the exit deadline shall not be more than 15 days. Article 34. The visa, stay or residence permits hold by the foreign national in case of any of the following circumstances, the issue authority can declare invalid: (1) Visa, stay or residence permits damaged, lost, stolen; (2) Foreign national is sentenced to exit within limited time, deported, expelled, while holding visa, residence permit is not seized or cancelled; (3) Foreign national's original purpose of residence completes earlier, based on the Public Security Bureau announcement, does not report to the Public Security Bureau within limit time; or (4)Foreign national is under the situation stipulated in Article 21, Article 31 of "Law of the People's Republic of China on Control of the Exit and Entry". The issue authority can, according to the law and regulations, declare visa, residence permit invalid on the spot or with announcement. Article 35. The departments of public security and immigration can cancel or seize the visa or stay or reside permit of foreign nationals in case of any of the following: (1) Already declared invalid or falsely used by others (2) Defraud or illegally obtained by other ways; or (3) Sentenced to exit, deported or expelled; The authority that made decision of declaring the visa or permit invalid or seizure, shall notice authority that issued such visa or permit in time. CHAPTER V SUPPLEMENTARY PROVISIONS Article 36. Definition of the terms mentioned in this regulation is the following: (1) The "number of entry on a visa" refers to the number of times the visa holder is permitted to enter China within the visa valid period. (2) "The valid period valid visa" refers to the period of time the visa holder is permitted to enter china. If not indicated by issuance authority, a visa is effective from the date of issuance and expires at 24:00 Beijing Time. (3) "Visa' duration of stay" refers to the longest period the visa holder is allowed to stay in China on each entry, counted from the following day from the date of arrival. (4) Short term stay refers to stay for not more than 180 days in China (including 180 days). (5) Long term stay, residence refers to staying in China over 180 days. Approval time of the departments of public security and immigration and valid time of application receipt mentioned in this regulation refers to working days and does not include any legal holiday. Article 37. Upon approval of Ministry of Foreign Affairs, visa issuance offices in foreign countries can entrust local organization to undertake the service of acceptance of visa application, inputting, consultancy etc. Article 38. Design of visa shall be jointly decided by the Ministry of Foreign Affairs and the Ministry of Public Security. The design of stay and residence permit shall be decided by the Ministry of Public Security. Article 39. This regulation shall be implemented as of September 1, 2013. "Rules Governing the Implementation of the Law of the PRC on the Entry and Exit of Aliens" adopted by the State Council on December 3, 1986, promulgated by the Ministry of Public Security and Ministry of Foreign Affairs on December 27, 1986, amended on July 13, 1994 and April 24, 2010 by the State Council shall be abolished at the same time. |
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