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Regulations of China on Administration of the Entry and Exit of Foreigners (2013)

外国人入境出境管理条例

Type of laws Administrative regulation

Issuing body China's State Council

Promulgating date Jul 12, 2013

Effective date Sep 01, 2013

Validity status Valid

Scope of application Nationwide

Topic(s) Law on Foreigners

Editor(s) C. J. Observer

Regulations of China on Administration of the Entry and Exit of Foreigners were promulgated on 12 July 2013, and entered into force on 1 Sept. 2013.

There are 39 articles in total. The Regulations aim to regulate the issuance of visas and provision of services to, and administration of affairs of, foreigners who stay or reside within the territory of China.

The key points are as follows:

  1. In issuing visas and in administering the stay and residence of foreigners within the territory of China, the Ministry of Foreign Affairs, the Ministry of Public Security and other departments of the State Council shall, on their portals and websites and at the places where exit or entry applications are accepted, make available the laws and regulations on the administration of the entry and exit of foreigners and other information that foreigners need to know.

  2. Where the visa of a foreigner in China is lost, damaged, destroyed, stolen or robbed, the applicant shall, in a timely manner, apply to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level in the place of his or her stay for reissuance of the visa. A foreigner who does not hold a valid passport or other international travel documents due to loss, damage, destruction, theft, robbery or other reasons and cannot get the said passport or documents reissued by the relevant institution of his own country stationed in China may apply for exit formalities to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level in the place of his or her stay or residence.

  3. In one of the following circumstances, a foreigner shall be deemed to be residing in China illegally: (1) The applicant’s stay or residence exceeds the duration specified in his or her visa, stay permit or residence permit; (2) The applicant overstays the visa-free period and fails to obtain a stay permit or residence permit; (3) The activities of the applicant go beyond the restricted area of stay or residence; or (4) Other circumstances where foreigners reside illegally.

This English translation comes from the China Consular Affairs Official Website. In the near future, a more accurate English version translated by us will be available on China Laws Portal.