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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:
e 32 Aliens having long-term residence in China who wish to lodge temporarily in a place other than their own residence shall report and register the accommodation in accordance with the provisions of Article 29, 30 and 31 of these Rules.

  Article 33 Aliens who accommodate in mobile lodgings shall, within 24 hours, submit

a report to the local public security organ. The organizations or individuals who furnish sites for aliens' mobile lodgings shall 24 hours in advance submit a report to the local public security organ.

  Chapter V Travels

  Article 34 Aliens who wish to travel in cities or counties that are not open to aliens shall apply in advance to the public security bureau of the city or county where they stay for a travel permit, and they can start for their destination only after they have obtained permission. To apply for a travel permit, aliens shall go through the following procedures:

  (1) to produce for examination their passport or residence certificate;

  (2) to submit certifications relating to their purpose of travel; and

  (3) to fill in the travel application form.

  Article 35 The longest term of validity of the travel permit for aliens shall be one year, provided that it shall not exceed the term of validity of their visa or residence certificate.

  Article 36 When aliens who have already obtained their travel permit wish to extend the term of validity of their travel permit, to visit additional spots that are not open to aliens, or to increase the number of accompanying persons, they shall apply to the public security organ for the extension or change.

  Article 37 Aliens shall not enter places closed to aliens without permission.

  Chapter VI Exit from the Country

  Article 38 Aliens shall leave the country within the time limits specified in their visas, or within the term of validity of their residence certificates.

  Article 39 Where holders of residence certificate for aliens leave and are to reenter China within the term of validity of their residence certificate, they shall, before leaving, apply to the local public security organ for a reentry visa in accordance with the relevant provisions of Article 5 and 6 of these Rules.

  Holders of residence certificate for aliens shall, when leaving China, present their residence certificate to the border inspection office for cancellation if they will not return to the country.

  Chapter VII Penalties

  Article 40 Aliens who enter or leave China illegally may be punished with a fine of 1000 to 10000 yuan, or held in detention for 3 to 10 days, and may also concurrently be ordered to leave the country within a specified time limits or be deported from the country; where the circumstances are serious enough to constitute a crime, they shall be investigated for the criminal responsibility according to law.

  Article 41 Persons in charge of means of transport or their agent who, in violation of the provisions of Article 11 of these Rules, refuse to fulfill the obligations may be punished with a fine of 1000 to 10000 yuan, or be held in detention of 3 to 10 days.

  Article 42 Aliens who, in violation of the provisions of Article 16, 19 and 20 of these Rules, stay in China illegally maybe given a warning, or fined 500 yuan for each day they stay for illegally with a maximum of 5000 yuan, or be held in detention of 3 to 10 days, and, where the circumstances are serious, concurrently be ordered to leave the country within a specified time limits.

  Aliens who violate the provisions of Article 21 and 22 of these Rules may be given a warning or punished with a fine of not exceeding 500 yuan, and, where the circumstances are serious, concurrently be ordered to leave the country within a specified time limits.

  Aliens who, in violation of the provisions of Article 23 of these Rules, do not carry out decisions made by the public security organ may, in addition to being enforced to carry out the decisions, be given a warning or punished with a fine of 1000 to 10000 yuan, and, where the circumstances are serious, concurrently be ordered to leave the country within a specified time limits.

  Article 43 Aliens who, in violation of the pro

visions of Article 24 and 25 of these Rules, fail to present for examination their residence permit as required, or to carry with them their passport or residence certificate, or refuse to be examined on their certificate by the police may be given a warning or punished with a fine of not exceeding 500 yuan, and, where the circumstances are serious, concurrently be ordered to leave the country within a specified time limits.

  Article 44 Aliens who engage in employment in China without approval of the Ministry of Labor of the People's Republic of China or departments authorized thereby may, in addition to being demanded an end to their office or employment, be punished with a fine of not exceeding 1000 yuan, and, where the circumstances are serious, concurrently be ordered to leave the country within a specified time limits.

  Any organization or individual who employs aliens without permission may, in addition to being demanded an end to its/his employ, be punished with a fine of 5000 to 50000 yuan and in addition, be ordered to bear all the expenses required for repatriating the aliens they employ without permission.

  Article 45 Anyone who is held responsible for, in violation of the provisions of Chapter IV of these Rules, the failure to go through the registration procedure for getting accommodation or to submit a report to the public security organ for lodging registration, or for providing accommodation to an alien who does not hold any valid certificate, may be given a warning or punished with a fine of 50 to 500 yuan.

  Article 46 Aliens who, in violation of the provisions of Article 34, 36 and 37 of these Rules, make a tour to an area not open to aliens without approval may be given a warning or punished with a fine of not exceeding 500 yuan, and, where the circumstances are serious, concurrently be ordered to leave the country within a specified time limits.

  Article 47 Aliens who forge, alter, use other than their own, transfer or traffic in visas or other certificates may, in addition to the revocation or confiscation of the original visas or other certificates with confiscation of their illegal gains, be punished with a fine of 1000 to 10000 yuan, or held in detention of 3 to 10 days, and also concurrently be ordered to leave the country within a specified time limits, and, where the circumstances are serious enough to constitute a crime, be investigated for the criminal responsibility.

  Article 48 Those who violate the Law on Control of the Entry and Exit of Aliens and these Rules due to force majeure may be exempted from penalty.

  When an alien is unable to pay a fine, the penalty may take the form of detention.

  Article 49 Penalties such as fines and detention provided for in this Chapter shall also be applicable to persons who are held responsible for assisting aliens to enter or leave the country illegally, causing aliens to reside or stay in China illegally, engaging or employing aliens who seek jobs without permission, or facilitating aliens without valid travel certificates in their entry into areas not open to aliens.

  Article 50 Persons are punished but refuse to accept the penalty of a fine or a detention imposed by the public security organ may, within 15 days of receiving the notice, appeal, directly or through the original organ that made the decision on punishment, to the public security organ at a higher level, which shall, within 15 days of receiving the appeal, make a final decision. Persons who are punished may also bring a suit directly to the local people's court.

  Article 51 The penalties provided for in this Chapter shall be executed by the public security organ.

  Chapter VIII Other Provisions

  Article 52 Aliens who wish to apply for extension or alteration of various types of visas or certificates shall go through the following procedures:

  (1) to present for examination their p

assports, visas and other certificates;

  (2) to fill in the application form for extension or alteration; and

  (3) to provide certifying documents relating to the extension or alteration.

  Article 53 Aliens who apply for various types of visas or certificates, or for extension or alteration of their visas or certificates, shall pay fees for visas or certificates according to the relevant provisions.

  The rates of fees for various types of visas and certificates shall be separately prescribed by the Ministry of Public Security and the Ministry of Foreign Affairs.

  Persons from a country that has signed an agreement with the Chinese government on fees for visas shall follow the relevant agreement.

  Article 54 Foreign children under 16 years of age who share the same passport with their parents or guardian, need not, when coming to China with their parents or guardian, go through separately the procedures for entry, transit, residence or travel.

  Article 55 In the event that an alien has his visa or certificates issued by the Chinese government lost or damaged, he shall promptly report to the entry-exit control department of the local public security bureau and apply for a replacement. Aliens who have lost their residence permit for aliens shall publish an announcement in a local newspaper to declare the lost permit invalid.

  Article 56 The format of various types of visas, certificates and application f

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