Exit and Entry Administration Law of China was promulgated on 30 June 2012, and entered into force on 1 July 2013.
There are 93 articles in total. The Law aims to regulate exit/entry administration, safeguard the sovereignty, security and social order of China, and promote foreign exchanges and opening to the outside world.
The key points are as follows:
The Ministry of Public Security and the Ministry of Foreign Affairs shall, within the scope of their respective responsibilities, be responsible for administering exit/entry affairs. Embassies and consulates of China and other institutions stationed abroad entrusted by the Ministry of Foreign Affairs (hereinafter referred to as “the visa-issuing authorities abroad”) shall be responsible for issuance of entry visas to foreigners. Exit/entry border inspection authorities shall be responsible for carrying out exit/entry border inspection. Public security organs under local people’s governments at or above the county level and their exit/entry administrations shall be responsible for the administration of the stay and residence of foreigners. The Ministry of Public Security and the Ministry of Foreign Affairs may, within the scope of their respective responsibilities, entrust exit/entry administrations of public security organs or foreign affairs departments under local people’s governments at or above the county level to accept foreigners’ applications for entry, stay and residence in China.
Upon approval by the State Council, the Ministry of Public Security and the Ministry of Foreign Affairs may, on the basis of the need for exit/entry administration, set forth regulations on the collection and keep of fingerprints and other biometric identification information of the persons who exit or enter China. Where foreign governments have special regulations on issuing visas to Chinese citizens or the exit/entry administration of Chinese citizens, the Chinese government may, as the circumstances require, take corresponding and equivalent measures.
Visas are categorized as diplomatic visa, courtesy visa, official visa and ordinary visa. Diplomatic or official visas shall be issued to foreigners who enter China for diplomatic or official reasons; and courtesy visas shall be issued to foreigners who are given courtesy due to their special status. The scope and measures for issuing diplomatic, courtesy and official visas shall be stipulated by the Ministry of Foreign Affairs. Appropriate types of ordinary visa shall be issued to foreigners who enter China due to non-diplomatic or official reasons including work, study, family visit, travel, business activities and talent introduction. The types of ordinary visa and relevant issuance measures shall be stipulated by the State Council.
Under any of the following circumstances, foreigners may be repatriated: (1) Are ordered to exit China within a prescribed time limit but fail to do so; (2) Are involved in circumstances in which they are not allowed to enter China; (3) Illegally reside or work in China; or (4) Need to be repatriated for violation of this Law or other laws or administrative regulations. Other overseas personnel who fall under any of the circumstances prescribed in the preceding paragraph may be repatriated in accordance with the law. Repatriated persons shall not be allowed to enter China for one to five years, calculating from the date of repatriation.