|
详细信息 |
|
Control of the Entry and Exit of Aliens |
Chapter I General Provisions Article 1 This Law is formulated with a view to safeguarding the sovereignty of the People's Republic of China, maintaining its security and public order and facilitating international exchange. This Law is applicable to aliens entering, leaving and transiting the territory of the People's Republic of China and to those residing and travelling in China. Article 2 Aliens must obtain the permission of the competent authorities of the Chinese Government in order to enter, transit or reside in China. Article 3 For entry, exit and transit, aliens must pass through ports open to aliens or other designated ports and must be subject to inspection by the frontier inspection offices. For entry, exit and transit, foreign-owned means of transport must pass through ports open to aliens or other designated ports and must be subject to inspection and supervision by the frontier inspection offices. Article 4 The Chinese Government shall protect the lawful rights and interests of aliens on Chinese territory.Freedom of the person of aliens is inviolable. No alien may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrest must be made by a public security organ or state security organ. Article 5 Aliens in China must abide by Chinese laws and may not endanger the state security of China, harm public interests or disrupt public order. Chapter II Entry into the Country Article 6 For entry into China, aliens shall apply for visas from Chinese diplomatic missions, consular offices or other resident agencies abroad authorized by the Ministry of Foreign Affairs. In specific situations aliens may, in compliance with the provisions of the State Council, apply for visas to visa-granting offices at ports designated by the competent authorities of the Chinese Government. The entry of nationals from countries having visa agreements with the Chinese Government shall be handled in accordance with those agreements. In cases where another country has special provisions for Chinese citizens entering and transiting that country, the competent authorities of the Chinese Government may adopt reciprocal measures contingent on the circumstances. Visas are not required for aliens in immediate transit on connected international flights who hold passenger tickets and stay for no more than 24 hours in China entirely within airport boundaries. Anyone desiring to leave the airport temporarily must obtain permission from the frontier inspection office. Article 7 When applying for various kinds of visas, aliens shall present valid passports and, if necessary, provide pertinent evidence. Article 8 Aliens who have been invited or hired to work in China shall, when applying for visas, produce evidence of the invitation or employment. Article 9 Aliens desiring to reside permanently in China shall, when applying for visas, present status-of-residence identification forms. Applicants may obtain such forms from public security organs at the place where they intend to reside. Article 10 The competent authorities of the Chinese Government shall issue appropriate visas to aliens according to the purposes stated in their entry applications. Article 11 When an aircraft or a vessel navigating international routes arrives at a Chinese port, the captain or his agent must submit a passenger name list to the frontier inspection office; a foreign aircraft or vessel must also provide a name list of its crew members. Article 12 Aliens who are considered a possible threat to China's state security and public order shall not be permitted to enter China.
Chapter III Residence Article 13 For residence in China, aliens must possess identification papers or residence certificates issued by the competent authorizes of the Chinese Government. The term of validity of identification papers or residence certificates shall be determined according to the purposes of entry. Aliens residing in China shall submit their certificates to the local public security organs for examination within the prescribed period of time. Article 14 Aliens who, in compliance with Chinese laws, find it necessary to establish prolonged residence in China for the purpose of investing in China or engaging in cooperative projects with Chinese enterprises or institutions in the economic, scientific, technological and cultural fields, or for other purposes, are eligible for prolonged or permanent residence in China upon approval by the competent authorities of the Chinese Government. Article 15 Aliens who seek asylum for political reasons shall be permitted to reside in China upon approval by the competent authorities of the Chinese Government. Article 16 Aliens who fail to abide by Chinese laws may have their period of stay in China curtailed or their status of residence in China annulled by the competent authorities of the Chinese Government. Article 17 For a temporary overnight stay in China, aliens shall complete registration procedures pursuant to the relevant provisions. Article 18 Aliens holding residence certificates who wish to change their place of residence in China must complete removal formalities pursuant to the relevant provisions. Article 19 Aliens who have not acquired residence certificates or who are on a study programme in China may not seek employment in China without permission of the competent authorities of the Chinese Government. Chapter IV Travel Article 20 Aliens who hold valid visas or residence certificates may travel to places open to aliens as designated by the Chinese Government. Article 21 Aliens desiring to travel to places closed to aliens must apply to local public security organs for travel permits. Chapter V Exit from the Country Article 22 For exit from China, aliens shall present their valid passports or other valid certificates. Article 23 Aliens belonging to any of the following categories shall not be allowed to leave China: (1) defendants in criminal cases or criminal suspects confirmed by a public security organ, a people's procuratorate or a people's court; (2) persons who, as notified by a people's court, shall be denied exit owing to involvement in unresolved civil cases; and (3) persons who have committed other acts in violation of Chinese law who have not been dealt with and against whom the competent authorities consider it necessary to institute prosecution. Article 24 Frontier inspection offices shall have the power to stop aliens belonging to any of the following categories from leaving the country and to deal with them according to law: (1) holders of invalid exit certificates; (2) holders of exit certificates other than their own; and (3) holders of forged or altered exit certificates.
|
|
|
|
|