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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:
amined, approved and stamped their certificates.

  Article 11 Upon arrival of a foreign aircraft or vessel at a Chinese port, the persons in charge shall fulfill the following obligations:

  (1) the aircraft commander, the captain or their agent shall submit to the border inspection office the lists of the crewmembers and the passengers;

  (2) they shall report, immediately upon discovery, cases of persons aboard attempting to illegally cross China's borders to the border inspection office for disposition; and

  (3) they shall see that persons not permitted to enter the country leave on the original means of transport and that the expenses during the stay in China of persons who cannot promptly leave the country owing to force majeure are covered along with their travel expenses for departure.

  Article 12 The border inspection office shall have power to prevent the entry or exit of aliens coming under the following categories:

  (1) those who do not hold valid passports, certificates or visas;

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

  (3) those who refuse to have their certificates examined; and

  (4) those whose entry into or exit from the country shall not be permitted, as notified by the Ministry of Public Security or the Ministry of State Security.

  Article 13 Aliens shall, on leaving the country, present for examination their valid passports or other valid certificates as well as visas or residence permits authorizing their stay in China.

  Article 14 Aliens and means of transport of aliens, which are required by the visa-granting agencies to pass through designated ports, shall enter or leave the country only through the designated ports.

  Article 15 With respect to those aliens who are forbidden to enter the country according to Article 12 of these Rules, in the event that they are unable to return promptly by the original means of transport, the border inspection office may take necessary measures to restrict their bounds of activities, and give orders for them to leave the country by the next av

ailable means of transport.

  Chapter III Residence

  Article 16 Aliens who hold D, Z, X and J-1 visas shall, within 30 days of entry, go through the procedures with the public security bureau of the city or county where they are to reside for the residence permit for aliens or temporary residence permit for aliens. The term of validity of the aforesaid residence certificates shall be the time limits of the authorized stay in China for the certificate holder.

  The residence permit for aliens shall be issued to those who will stay in China for a period of one year or more.

  The temporary residence permit for aliens shall be issued to those who will stay in China for a period of less than one year.

  Aliens who hold F, L, G, and C visas may stay in China within the time limits as their visas indicate, without the necessity to obtain the residence certificate.

  Article 17 In applying for residence certificates, aliens shall provide such information as requested and complete the following procedures:

  (1) to present for examination their passports, visas and documents of certification pertaining the purpose of their residence;

  (2) to fill in the residence application form; and

  (3) where applying for the residence permit for aliens, to present for examination their health certificate together with their recent frontal hatless half-length passport-size photos.

  Article 18 The term of validity of the residence permit for aliens shall be one to five years, which shall be decided according to the purpose of residence of the alien by the public security bureau of the city or county.

  To aliens who satisfy the requirements as provided in Article 14 of the Law on Control of the Entry and Exit of Aliens, the public security organ may grant a long-term residence permit ranging from one to five years, and a permanent residence permit, to those with meritorious performance.

  Article 19 Aliens exempt from visa under the agreement between China and the relevant country shall, where they wish to stay in China for a period of 30 days or longer, apply for the residence certificate after entry, in accordance with Article 16 and 17 of these Rules.

  The provisions of the preceding paragraph shall not apply to aliens as mentioned in Article 34 of the Law on Control of the Entry and Exit of Aliens.

  Article 20 Aliens who need to prolong their stay or residence in China beyond the expiration of their visas or residence certificates shall apply for an extension before the expiration of their visas or certificate.

  In the event that any alien, while staying in China, is found to have suffered any of the diseases as mentioned in Item(4) of Article 7 of these Rules, the Chinese competent authorities of public health may suggest to the public security organ that the alien in question be ordered to advance his date of exit from China.

  Article 21 In case of any changes in the entries (name, nationality, occupation or status, place of work, address, passport number and accompanying children, etc.) of the residence permit for aliens, the permit holder shall, within 10 days, go through the registration procedures for the change at the public security bureau stationed at the locality of his residence.

  Article 22 Where any holder of the residence permit for aliens wish to move out of the city or county of residence, he shall, before moving, go through the removal registration procedures at the public security bureau stationed at the locality of his residence and, within 10 days after moving in, go through the moving-in registration procedures at the public security bureau stationed at the new locality.

  An alien residing permanently in China who wishes to apply for a change of residence shall first make an application to the public security bureau at the new place of residence for a permit, and then with

this permit go through the removal registration procedures in accordance with the provisions of the preceding paragraph.

  Article 23 For the sake of national security, public order or other public interests, the municipal or county public security bureau may impose restrictions on the establishment of residences or business offices in certain areas by aliens or by foreign institutions; residences or business offices already established in the aforesaid areas under restrictions shall move to the non restricted areas within the time limits specified in the notice of removal issued by the municipal or county public security bureau.

  Article 24 Aliens residing permanently in China shall, once a year and at a prescribed time, present their residence permit for aliens to the local public security bureau for examination.

  The public security bureau may, when considering it necessary, notify an alien to present his residence permit for aliens to the entry-exit control department for examination, and the alien shall do so accordingly at the time specified in the notice.

  Article 25 Aliens of 16 years of age or older who reside or stay in China shall carry with them their residence certificates or passports for possible examination by the police of foreign affairs.

  Article 26 As regards a foreign baby born in China, the baby's parents or their agent shall, within one month of the baby's birth, submit a report together with the baby's birth certificate to the local public security bureau and go through the registration procedures.

  Article 27 In the event that an alien dies in China, his family member, guardian or agent shall, within 3 days of the death, submit a report together with the death certificate of the deceased to the local public security bureau, and present, for cancellation, the residence certificate or visa of the deceased.

  With respect to cases of aliens' unnatural deaths, the persons concerned or the discoverers shall report the cases immediately to the public security organ.

  Article 28 The competent authorities of the Chinese Government mentioned in Article 19 of the Law on Control of the Entry and Exit of Aliens refers to the Ministry of Labor of the People's Republic of China.

  Chapter IV Registration for Lodging

  Article 29 Aliens who stay at such enterprises or institutions as guesthouses, hotels, inns, hostels, and schools, or at government departments, public organizations and other Chinese institutions shall produce their valid passports or residence certificates, and fill in the registration form of temporary accommodation. When seeking accommodation in an area not open to aliens, they shall produce their travel permit in addition.

  Article 30 Aliens who lodge with the Chinese residents shall, through the hosts or by themselves, within 24 hours of their arrival in a city or a town, submit a report to the local public security organ with their passport and other certificates and the host's residence booklet, fill in the registration form of temporary accommodation, and within 72 hours of their arrival in the countryside, report to the local police station or to the local residence registration office.

  Article 31 Aliens who lodge at resident foreign institutions in China or with other aliens residing in China shall through the host institutions or the hosts or by themselves, within 24 hours of their arrival, submit a report to the local public security organ with their passport or residence certificate and fill in the registration form of temporary accommodation.

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