The Exit-Entry Administration Law was promulgated in 2012 and entered into force on July 1, 2013.

There are 93 articles in total.

The key points are as follows:

1.This Law shall apply to the administration of exit and entry by Chinese citizens, entry and exit by foreigners, and stay and residence of foreigners within the territory of China, as well as the exit-entry border inspection of conveyances.

2.The embassies and consulates of the People’s Republic of China or other institutions stationed overseas as authorized by the Ministry of Foreign Affairs shall be responsible for issuing entry visas to foreigners overseas. The exit-entry border inspection authorities shall be responsible for implementing exit-entry border inspections. The public security authorities and their exit-entry administration divisions of the local governments shall be responsible for the administration of stay and residence of foreigners.

3.Under any of the following circumstances, no visa shall be issued to a foreigner:

(1) The foreigner has been deported as sentenced or repatriated as decided and the period of prohibition from entering China has not expired;

(2) The foreigner has serious mental disorder, infectious pulmonary tuberculosis or any other infectious disease that may cause serious damage to the public health;

(3) The foreigner may compromise the national security and interest of China, disrupt the public order, or commit other violations of law or criminal offences;

(4) The foreigner makes falsification in the process of visa application or is unable to prove sufficient funds to cover all necessary expenses for his or her period of stay within China;

(5) The foreigner is unable to present relevant documentation as required by the visa issuer; or

(6) Other circumstances under which the visa issuer deems it improper to issue a visa.

4.Under any of the following circumstances, a foreigner shall be prohibited from exiting China:

(1) The foreigner has not finished serving a criminal sentence or is the accused or a suspect in a criminal case, except for the transfer of sentenced persons under a relevant agreement between China and a foreign country;

(2) The foreigner is prohibited from exiting China as decided by a people’s court for involvement in a pending civil case;

(3) The foreigner defaults in paying labor remuneration to workers and is prohibited from exiting China as decided by the relevant department of the State Council or the provincial government; or

(4) Other circumstances as set out by laws and administrative regulations under which the foreigner is prohibited from exiting China.

5.Where there is a need to extend the period of stay stated on the visa, the visa holder shall submit an application to the exit-entry administrative authorities of the public security authorities of local government.

6.Where a foreigner needs to apply for a residence permit as stated in the visa upon entering China, an application for foreigner residence permit shall be submitted to the exit-entry administrative authorities of the public security authorities of local governments at the proposed place of residence within 30 days from the date of disembarkation.

7.A residence permit for foreigners of the work type shall be valid for 90 days at a minimum and for five years at a maximum; and a residence permit for foreigners of a non-work type shall be valid for 180 days at a minimum and for five years at a maximum.

8.For foreigners staying in a hotel in China, the hotels shall process accommodation registration for them, and submit foreigner accommodation registration information to the public security authorities at their location. Foreigners who are residing or staying in a residence other than a hotel shall complete registration formalities personally or through the lodger with the public security authorities at the place of residence within 24 hours from arrival.

9.To work within China, foreigners shall obtain a work permit and a residence permit of the work type according to legal provisions.

10.Foreigners with significant contribution to economic and social development of China or foreigners who satisfy other criteria for permanent residence in China shall, upon application made by them and approval by the Ministry of Public Security, obtain permanent residence status.

11.Under any of the following circumstances, a foreign national may be repatriated:

(1)the foreign national is ordered to exit China within a prescribed time limit but fails to do so;

(2)the foreign national is a person prohibited from entering China;

(3)the foreign national commits illegal residence or illegal employment; or

(4)the foreign national needs to be repatriated for any violation of this Law or any other law or administrative regulation.