中华人民共和国外国人入境出境管理法实施细则 RULES FOR IMPLEMENTATION OF THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON CONTRO
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 and the Ministry of Foreign Affairs on December 27, 1986, amended with the approval of the State Council on July 13, 1994 and promulgated by the Ministry of the Public Security and the Ministry of the Foreign Affairs on July 15, 1994)
颁布日期:19940715 实施日期:19940715 颁布单位:国务院
These Rules are formulated in accordance with Article 33 of The Law of the People's Republic of China on Control of the Entry and Exit of Aliens (hereinafter referred to as The Law on Control of the Entry and Exit of Aliens)。
Chapter I Entry into the Country
Article 1 For entry into China, aliens shall apply for visas from Chinese diplomatic missions, consular posts or other resident agencies abroad authorized by the Ministry of Foreign Affairs.
Aliens who hold ordinary passports issued by countries which have diplomatic relations or official trade contacts with China as well as letters or telegrams from authorized organization in China, may, under any of the following circumstances where they must necessarily rush to China but have no time for visa application to the aforesaid agencies, apply for visas to the visa-granting agency at the entry port as authorized by the Ministry of Public Security:
(1) they are invited at the last moment by a Chinese host to come to China for a trade fair;
(2) they are invited to China to make a tender or to formally sign an economic or trade contract;
(3) they come to China by appointment to supervise an export shipment, inspect an import commodity or to participate in a check-and-accept operation in accordance with contracts;
(4) they are invited to participate in the installation of equipment or in the emergency repair of an engineering project;
(5) they come to China at the request of the Chinese side to solve a problem of claims;
(6) they are invited to come to provide technical advisory services;
(7) they come to China due to a last-minute change in the composition of a visiting group which took place after the visa had been granted to the group and which is approved by the Chinese side;
(8) they come to China to see patients in critical conditions, or to undertake funeral matters;
(9) owing to force majeure, persons in immediate transit cannot leave the country within 24 hours by taking the original plane, or have to change to other means of transport for leaving the country; or
(10) they are invited to China for other matters, and really have no time to apply for visa to the aforesaid Chinese resident agencies abroad but hold letters or telegrams from the designated competent authorities that give the consent for them to apply for visa from the visa-granting agency at the entry port.
Visa-granting agencies at entry ports shall not handle visa applications of aliens who do not come under the aforesaid circumstances.
Article 2 Visa-granting agencies at entry ports, as authorized by the Ministry of Public Security, are stationed at the following ports: Beijing, Shanghai, Tianjin, Dalian, Fuzhou, Xiamen, Xi'an, Guilin, Hangzhou, Kunming, Guangzhou (Baiyun Airport), Shenzhen(Luohu, Shekou) and Zhuhai(Gongbei)。
Article 3 Different categories of visa, such as diplomatic, courtesy, service and ordinary visas, shall be issued to different aliens in accordance with the different status in which they visit China and the different categories of passport they hold.
Article 4 According to the stated purpose of aliens' visit to China, the ordinary visas shall be marked with certain Chinese phonetic letters:
(1) D visa to aliens who come to China for permanent residence;
(2) Z visa to aliens and their accompanying family members who come to China for a post or employment;
(3) X visa to aliens who come t
o China to study, to engage in advanced studies, or to do fieldwork, for a period of 6 months or more;
(4) F visa to aliens who are invited to China for a visit, investigations, giving lectures, doing business, carrying out scientific, technical or cultural exchanges, or for short-term advanced studies or fieldwork, etc. for a period of not exceeding 6 months;
(5) L visa to aliens who come to China for sightseeing or visiting relatives or for other private purposes (group visa may be issued to a group of nine or more aliens on a sightseeing trip to China);
(5) L visa to aliens who come to China for sightseeing or visiting relatives or for other private purposes (group visa may be issued to a group of nine or more aliens on a sightseeing trip to China);
(6) G visa to aliens passing through China;
(7) C visa to train attendants, airline crews and seamen and their accompanying family members in international operations; and
(8) J-1 visa to aliens who come to China as a resident correspondent, while J-2 visa to foreign correspondents who come to China for covering special events.
Article 5 Aliens applying for visas shall provide such pertinent information as requested and go through the following procedures:
(1) to present a valid passport or a certificate that can be used as a passport;
(2) to fill in a visa application form and hand in recent frontal hatless half-length passport-size photos; and
(3) to present, for examination, documents of certification pertaining to the purposes of entry or transit application.
Article 6 The documents of certification as mentioned in Item (3) of Article 5 of these Rules refer to:
(1) in applying for D visa, the permanent residence confirmation form, which may be applied for by the applicant himself or through his relatives in China to the entry-exit control department of the public security bureau of the city or county where the applicant is to reside;
(2) in applying for Z visa, documents of certification issued by the sponsor or employer organization in China indicating the engagement or employment, or letter or telegram sent by an authorized organization;
(3) in applying for X visa, documents of certification issued by the receiving organization or by the competent department concerned;
(4) in applying for F visa, a letter or telegram sent by an authorized organization;
(5) in applying for L visa for a tourist trip in China, a certificate of reception from a Chinese tourist service, and when necessary, the flight, train or ship ticket for the country(region) of destination after leaving China;
(6) in applying for G visa, a valid visa for entering the country(region) of destination, or through tickets in case such avis a is exempt;
(7) in applying for C visa, the relevant documents of certification that should be presented according to the agreements concerned; and
(8) in applying for J-1 or J-2 visa, documents of certification issued by the competent department concerned.
Aliens who are to come to China for permanent residence or for residence of one year or more shall in addition, in applying for entry visas, produce for examination a health certificate issued by a medical institution designated by the government of the country of their current residence or one issued by any other medical institution and certified by a notary public. The health certificate shall be valid for 6 months from the date of issue.
Article 7 Aliens coming under the following categories shall not be permitted to enter China:
(1) those who are expelled by the Chinese Government whose term of no-entry has not yet expired;
(2) those who are considered prone to terrorist or subversive activities or violence after entering the country;
(3) those who are considered prone to smuggling,
prostitution or drug trafficking after entering the country;
(4) those who suffer from mental disorder, or infectious diseases such as leprosy, AIDS, venereal diseases or contagious tuberculosis, etc.;
(5) those who lack the means to support themselves financially while staying in China; and
(6) those who are considered prone to other activities, after entering the country, which shall jeopardize the security and interests of the country.
Article 8 Aliens may be exempt from going through the procedures for obtaining a transit visa if they hold a through ticket and have booked seats on international airliners flying immediately through China and will stay in the transit city for not exceeding 24 hours without leaving the airport; aliens who wish to leave the airport shall apply to the border inspection office for stopover permits.
Article 9 When a vessel in international service anchors at a Chinese port, the foreign crew members and their accompanying family members shall, when wishing to disembark without leaving the port city, apply to the border inspection office for disembarkation permits, and, for lodging permits, when wishing to stay overnight on land. Those who, with justification, wish to go to places beyond the port city or are unable to leave the country by the original vessel shall apply to the local public security bureau for appropriate visas.
Chapter II Inspection of the Entry and Exit Certificates
Article 10 Aliens shall, upon arrival at a Chinese port, present to the border inspection office for examination their valid passport with visa and other relevant certificates issued by the Chinese government, and fill in entry-exit cards. They may enter the country after the border inspection office has ex
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