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: ℃Article 18 Travel certificates issued by the People's Republic of China are classified into two categories: one category is valid for 1 year and one trip only; the other category is valid for 2 years and multiple trips; these two categories of travel certificates are issued by the Chinese diplomatic mission, consular post or other resident agencies abroad authorized by the Ministry of Foreign Affairs.
Article 19 The entry-exit passes of the People's Republic of China are the passes for entering or leaving the national boundary(border), which shall be issued by the public security department(bureau) of the province, autonomous region or municipality directly under the Central Government and the public security organs authorized thereby. The entry-exit pass shall be valid for one or multiple trips within its term of validity, and those valid for one trip shall be taken over by the border inspection office when the holders leave the country.
Article 20 When necessity arises for making alteration or remarks in the entries of the passport or other entry-exit certificates as a result of the changes in the holders' conditions, the holders of passports and other exit-entry certificates issued by the People's Republic of China shall make an application to the entry-exit control department of the municipal or county public security bureau or to the Chinese diplomatic mission, consular post or other resident agencies abroad authorized by the Min
istry of Foreign Affairs, and submit to them documents certifying or explaining the alteration or remarks.
Article 21 In the event that the passports and other entry-exit certificates issued by the People's Republic of China, as held by Chinese citizens, will expire soon, or that the attached pages for visas have been used up so that the term of validity cannot be extended, or that they have been damaged and can no longer be used, the holders may apply for are placement or a reissue of the passports and the certificates, and shall at the same time return the old ones; in the event that the holders request to keep the old passports, the old passports may be bound up with the new ones for use. Should a passport or an entry-exit certificate be lost, the holder shall report the case to the Chinese competent department, and publish a statement in a newspaper announcing its loss before applying for reissuance. The replacement and reissuance of passports and entry-exit certificates shall be handled, in any place outside China, by the Chinese diplomatic missions, consular posts or other resident agencies abroad authorized by the Ministry of Foreign Affairs, and, in China, by the public security department(bureau) of the province, autonomous region or municipality directly under the Central Government and the entry-exit control department of the public security organ authorized there by.
Article 22 Passports and other entry-exit certificates issued by the People's Republic of China shall be revoked or declared invalid is their holders are in any of the following circumstances:
(1) the holder has been sent back to China because he/she entered, resided or stayed in the country of destination illegally;
(2) The holder has used his/her passport and other certificate for swindling and bluffing; or
(3) the holder is engaged in activities prejudicial to the security, the honor and the interests of the State.
The decision to revoke passports and other entry-exit certificates or to declare them invalid shall be made by the original issuing department or by its higher authorities.
Chapter VI Penalties
Article 23 Persons who have used forged or altered certificates or use other person's certificates for entering or leaving the country shall, in addition to taking over their certificates, be given a warning, or held in detention for up to 5 days; if the case is so serious that a crime is committed, the criminal liability shall be inflicted upon the offender in accordance with the relevant provisions in the “Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Organizing and Transporting Others to Illegally Cross the National Boundary(Border)”。
Article 24 Persons who have forged, altered, transferred or trafficked in the entry-exit certificates shall be held in detention for up to 10 days; if the case is so serious that a crime is committed, the criminal liability shall be inflicted upon the offender in accordance with the relevant provisions in the “Criminal Law of the People's Republic of China and in the Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Organizing and Transporting Others to Illegally Cross the National Boundary(Border)”。
Article 25 Persons who have given fabricated accounts and presented forged certificates, or have resorted to bribery, to obtain the entry-exit certificates, shall be given a warning, or held in detention for up to 5 days if the case is a minor one; if the case is so serious that a crime is committed, the criminal liability shall be inflicted upon the offender in accordance with the relevant provisions in the “Criminal Law of the People's Republic of China” and in the “Supplementary Provisions of the Standing Committee of the National People's Congress Concerning t
he Punishment of the Crimes of Organizing or Transporting Others to Illegally Cross the National Boundary(border)”。
Article 26 In the event that personnel of the public security organs are discovered to have taken advantage of their position and power, when executing the “Law of the People's Republic of China of the Control of the Exit and Entry of Citizens” and these Implementation Rules, to demand or accept bribes or to commit other acts of dereliction of duty, in minor case, a disciplinary punishment shall be imposed on them by the competent authorities at their discretion; if the case is so serious that a crime is committed, the criminal liability shall be inflicted upon the offender in accordance with the relevant provisions in the “Criminal Law of the People's Republic of China” and in the “Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Organizing or Transporting Others to Illegally Cross the National Boundary(Border)”。
Chapter VII Supplementary Provisions
Article 27 Procedures for the control of Chinese citizens leaving the country on official business and of Chinese ship's crew leaving the country on duty shall be formulated separately.
Article 28 These Implementation Rules shall go into effect on the date of promulgation
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