首页英语阅读阅读排行网站地图

中华人民共和国公民出境入境管理法实施细则 RULES FOR IMPLEMENTATION OF THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE CON

2009-03-24 法律英语 来源:互联网 作者:

(Approved by the State Council on December 3, 1986, promulgated by the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Communications on December 26, 1986, amended with the approval of the State Council on July 13, 1994 and promulgated by the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Communications on July 15, 1994)
颁布日期:19940715  实施日期:19940715  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Implementation Rules are formulated in accordance with the stipulations in Article 19 of the “Law of the People's Republic of China on the Control of the Exit and Entry of Citizens”。

  Article 2 These Implementation Rules shall apply to Chinese citizens entry into and exit from China on private business. The term “private business” means residing, visiting relatives, visiting friends, inheriting properties, studying abroad, obtaining employment, making a tour, and other non-official business.

  Chapter II Exit from the Country

  Article 3 Citizens residing in China that wish to leave the country on private business shall apply to the entry-exit control department of the municipal or county public security bureau in which their residence is registered, answer relevant questions, and go through the following procedures:

  (1) to present, for examination, their residence booklets or other certificates of residence registration;

  (2) to fill in the exit application form;

  (3) to submit the written comments of the applicant's work unit on the applicant's exit from the country; and

  (4) to present relevant certificates supporting the applicant's reasons for exit from the country.

  Article 4 The relevant certificates mentioned in Item (4) of Article 3 of these Implementation Rules mean:

  (1) for leaving the country to reside permanently in a foreign country, the certification of consent of the applicant's relative(s) or friend(s) in the country where the applicant is to reside or the residence permit issued by the country of destination;

  (2) for leaving the country to visit relative(s) or friend(s), the certification of written invitation sent by the applicant's relative(s) or friend(s);

  (3) for leaving the country to inherit properties, the certification of the legitimate right of the applicant's inheritance;

  (4) for leaving the country to study abroad, the certification of admittance by the educational institution and also the necessary financial affidavit;

  (5) for leaving the country to obtain employment, the certification of engagement or employment by the host/hiring organization or employer; or

  (6) for leaving the country to make a tour, the certification indicating that the applicant has the foreign exchange needed for the tour.

  Article 5 The municipal or county public security bureau shall decide to approve or disapprove the exit application and notify the applicant within 30 days, or within 60 days for out-of-the-way and difficult-of-access areas, after receiving the exit application.

  In the event that the applicant does not receive the notification about the decision on the exit application within the prescribed time limits, the applicant shall have the right to make an inquiry, and the department handling the application shall give a reply; in the event that the applicant holds that the decision about the disapproval of the exit application does not accord with the “Law of the People's Republic of China on the Control of the Exit and Entry of Citizens”, the applicant shall have the right to appeal to the public security organ at a higher level, and the latter shall make a decision and give a reply.

  Article 6 Citizens residing in China whose exit applications have been approved shall obtain from the entry-exit department of the public security organ the pass

port of the People's Republic of China, together with the exit registration card.

  Article 7 Citizens residing in China who have obtained the visa or the entry permit for the country of destination shall go through the residence registration procedure before leaving the country. Those who are leaving to reside permanently in a foreign country shall go to the local police station or the residence registration office to cancel their residence registration. Those who are leaving the country only for a short period of time shall go through the procedure of residence registration for a short-term absence from the country and, after returning to China, resume their regular residence registration at the place of their original residence by presenting their passports.

  Article 8 Chinese citizens who have returned to China may leave the country again by producing their valid passport of the People's Republic of China or valid travel permit or other valid entry-exit certificates.

  Chapter III Entry into the Country

  Article 9 Chinese citizens residing in foreign country who wish to return to China to stay for a short period of time may enter the country by producing their valid passport of the People's Republic of China or valid travel permit of the People's Republic of China or other valid entry-exit certificates.

  Article 10 Chinese citizens residing in foreign country who request to return to and reside permanently in China shall, before entering the country, make an application to the Chinese diplomatic mission, consular post or other resident agencies abroad authorized by the Ministry of Foreign Affairs; they may also make an application by themselves or through their relatives in China, to the municipal or county public security bureau at the place of their destination, and the certification of permission of residence shall be granted for the applicant after examining the cases by the public security department(bureau) of the relevant province, autonomous region or municipality directly under the Central Government.

  Article 11 Chinese citizens residing in foreign country who request to return to China for employment shall make an application to China's labor and personnel department or to the host/hiring organization.

  Article 12 Chinese citizens residing in foreign country who return to China for permanent residence or for employment shall, within 30 days after arriving at their destination, go through the procedure for regular residence registration at the local public security bureau by presenting the certification of permission of residence or the certification of engagement or employment examined and approved by China's labor and personnel department.

  Article 13 Chinese citizens residing in foreign country who return to China to stay for a short period of time shall, in accordance with the stipulations of residence administration, go through the registration procedure for temporary residence. Those who lodge at such enterprises and institutions as guesthouses, hotels, inns, hostels or schools, or at state organs, public organizations or other institutions shall fill in temporary lodging registration form; those who lodge at the homes of their relative or friend shall, by themselves or through their relative or friend, go through the registration procedure for temporary lodging at the local police station or at the local residence registration office with 24 hours (72 hours in the countryside)。

  Chapter IV Exit and Entry Inspection

  Article 14 Chinese citizens shall enter or leave the country from the designated ports or ports open to aliens, present to the border inspection office their passport of the People's Republic of China or other entry-exit certificates, fill in the entry-exit registration card, and accept the inspection.

  Article 15 The border inspection office shall have the right to forbid any of the following categ

ories of persons to enter or leave the country:

  (1) those who hold no passport of the People's Republic of China or other entry-exit certificates;

  (2) those who hold invalid passports or other invalid entry-exit certificates;

  (3) those who hold forged or altered passports and certificates, or hold other than their own passports and certificates; or

  (4) those who refuse to produce their certificates for examination.

  Persons who fall under the circumstances as stipulated in the preceding Items (2) and (3) shall be additionally dealt with in accordance with the provisions in Article 23 of these Implementation Rules.

  Chapter V Administration of Certificates

  Article 16 The passport and the travel certificate issued the People's Republic of China, the principal certificates for Chinese citizens' entering and leaving the country, shall be kept and used by the holder. No state agency or public organization, no enterprise, institution or individual shall withhold those certificates, excepting that the public security organs and the original issuing department which have the power to revoke and take over the certificates according to law, and that the people's procuratorate and the people's court, which have the power to withhold the certificates according to law.

  Article 17 Passports issued by the People's Republic of China are valid for 5 years, they may be extended twice, each time not exceeding 5 years. The application for extension shall be made before the passport expires.

  In places outside China, the extension of passports shall be handled by Chinese diplomatic missions, consular posts or other resident agencies abroad authorized by the Ministry of Foreign Affairs. In China, the extension of passports held by Chinese citize

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/