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Law Of The People'S Republic Of China On The Administration Of The Exit And Entry Of Chinese Citizens

2009/5/27 14:30:00 42116

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Chapter I General Provisions

Article 1 this law is enacted to protect the legitimate rights and interests of Chinese citizens entering and leaving China, and to promote international exchanges.

Second Chinese citizens exit or enter the country without visas, with valid passports or other valid certificates issued by the competent authorities of the State Council and the authorities authorized by them.

Third Chinese citizens who exit or enter the country shall be allowed to pass through open ports or designated ports, and be subject to inspection by frontier inspection authorities.

After fourth Chinese citizens leave the country, no acts of endangering the safety, honor and interests of the motherland shall be allowed.

The second chapter is the exit.

Fifth Chinese citizens, who exit from private affairs, apply to the municipal and county public security organs where their registered permanent residence is located. Except for the circumstances specified in article eighth of this law, they can be granted approval.

The public security organ shall make an application for approval or disapproval within the prescribed time to the Chinese citizen's application for leaving the country for private affairs, and notify the applicant.

Sixth Chinese citizens leave the country on official business, and the dispatched department applies to the Ministry of foreign affairs or the local foreign affairs department authorized by the Ministry of foreign affairs to apply for exit certificates.

Seventh seafarers are required to exit the documents by the port authority or the harbour superintendency bureau authorized by the harbour superintendency administration.

Article eighth. One of the following situations is not permitted to leave the country:

(1) a criminal suspect identified in a criminal case or a public security organ or a people's Procuratorate or a people's court;

(two) the people's court notifies that a civil case without a conclusion can not leave the country.

(three) sentenced to be serving a sentence.

(four) being reeducated through labour;

(five) the competent authorities of the State Council believe that after leaving the country, they will cause harm to national security or cause serious losses to the interests of the state.

Article ninth the frontier inspection organs shall have the right to stop leaving the country and deal with them in accordance with the law in one of the following situations:

(1) holding invalid exit certificates;

(two) holding other people's exit certificates;

(three) the use of forged or altered exit certificates.

The third chapter is entry.

Tenth Chinese nationals who settle abroad require to return to settle down. They should go to the diplomatic missions or consular offices stationed in foreign countries or other authorized foreign offices authorized by the Ministry of foreign affairs. They may also go through formalities to the public security organs of the provinces, autonomous regions and municipalities directly under the central government.

Eleventh Chinese citizens who settle in or work in the country shall register their permanent residence in accordance with the regulations of household registration after entering the country.

Temporary residence registration shall be conducted in accordance with the provisions of Hukou management.

The fourth chapter is the administrative organ.

Twelfth passports for Chinese citizens departing from public affairs are issued by the Ministry of foreign affairs or the local foreign affairs department authorized by the Ministry of foreign affairs. The seafarers' certificates are issued by the harbour superintendency authority authorized by the port authority. The passports used by Chinese citizens who have departing from the private sector are issued by the Ministry of public security or the local public security organs authorized by the Ministry of public security.

Chinese citizens apply for passports and certificates abroad. They are issued by Chinese diplomatic missions and consular offices stationed in foreign countries or other foreign authorized organs authorized by the Ministry of foreign affairs.

Thirteenth, the Ministry of public security, the Ministry of foreign affairs, the harbour superintendency administration and the original issuing organs shall have the right to revoke or declare their passports and certificates issued by the authorities issued by them or authorized by them.

The fifth chapter is punishment.

Article fourteenth for violation of the provisions of this law, illegal exit, entry, forgery, alteration, fraudulent use of the pfer of exit or entry documents, the public security organ may be punished by a warning or detention under ten days. If the circumstances are serious enough to constitute a crime, the criminal responsibility shall be investigated according to law.

Fifteenth citizens who have been punished by public security organs for punishment are not satisfied with the punishment. Within fifteen days from the date of receipt of the notice, they may appeal to the higher level public security organs. The higher level public security organs shall make final decisions or file a lawsuit directly with the local people's courts.

The sixteenth state personnel who carry out this law, who claim and accept bribes by their functions and powers, shall be punished in accordance with the criminal law of the people's Republic of China and the decision of the Standing Committee of the National People's Congress on severely punishing criminals who seriously damage the economy. If there are other illegal dereliction of duty cases and serious cases constitute a crime, they shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law of the People's Republic of China.

The sixth chapter is supplementary provisions.

Seventeenth measures for the administration of Chinese citizens' visits to Hongkong or Macao areas shall be formulated separately by the relevant departments under the State Council.

Eighteenth Chinese citizens who live in border areas with China's borders shall temporarily leave and enter the country. There are agreements between the two countries. They shall be executed according to the agreement, and no agreement shall be implemented in accordance with the provisions of the Chinese government.

The exit and entry of international train and civil aviation international flight attendants and Border Railway workers shall be carried out in accordance with the agreement and relevant provisions.

Nineteenth the Ministry of public security, the Ministry of foreign affairs and the Ministry of Communications shall, in accordance with this law, formulate detailed rules for implementation, which shall be submitted to the State Council for approval and put into effect.

The twentieth law comes into effect on February 1, 1986.