Translation: State Council Draft Regulations Implementing the Exit-Entry Administration Law

Chinese-English-TranslationUpdate: The State Council has issued final regulations as of July 22, 2013. Read them here.

The State Council has published draft regulations implementing the Exit-Entry Administration Law, which was enacted by the National People’s Congress Standing Committee last year and due to go into effect on July 1, 2013.

The draft regulations were published May 3 and public comments may be submitted not later than June 3. See http://www.chinalaw.gov.cn/article/xwzx/tpxw/201305/20130500386562.shtml

Here is a quick and dirty English translation of the draft regulations. (Feel free to suggest revisions to the translation in the comments.)

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Foreigner Exit-Entry Administration Regulations of the People’s Republic of China (Version for solicitation of public opinions)

Published 2013-05-03

Chapter 1. General Provisions

Article 1. This regulation is formulated in order to standardize the issuance and management of ordinary visas (hereinafter referred to as visas) and management of aliens’ entry and residence in China based on Exit-Entry Administration Law of the People’s Republic of China.

Article 2. The relevant departments of the State Council should set up a coordination mechanism to enhance planning, coordination, and cooperation for service to and management of aliens.

The Ministry of Public Security should coordinate with the relevant departments of the State Council to establish a platform for service to and management of aliens to implement sharing of relevant information. People’s governments of provinces, autonomous regions, and municipalities directly under the central government may set up the coordination mechanism for alien service and management according to their needs, enhance information exchange, coordination, and cooperation to do a good job on service and management for aliens in the respective administration region.

Article 3. Departments of the State Council including the Ministry of Foreign Affairs, Ministry of Public Security, etc. should publicize the exit-entry administration laws and regulations. Information that should be well-known by aliens should be publicized on departments’ websites and offices that receive applications.

Article 4. In accordance with regulations of the Ministry of Foreign Affairs and the Ministry of Public Security, visa agencies and public security exit-entry administration agencies may collect aliens’ biometric information, such as fingerprints, when issuing visas and residence certificates. Visa agencies and public security exit-entry administration agencies should take measures to ensure the safety of the biometrics information collected.

Chapter 2. Visas

Section 1. Visa categories

Article 5. Visa types are categorized by foreigners’ purpose of entry. The Pinyin letter indicates the category. The Arabic numeral “1” indicates long-term, and “2” indicates temporary:

(1) C visa to train attendants, air crew members and seamen operating international services, and to their accompanying family members;

(2) D visa to aliens who are to reside permanently in China;

(3) F visa to aliens who are invited to China on a noncommercial exchange or visit for scientific-technological, education, cultural exchanges, health or sports activities.

(4) G visa to aliens passing through China;

(5) J-1 visa to resident foreign correspondents in China; J-2 visa to foreign correspondents who make short trip to China on reporting tasks.

(6) L visa to aliens who come to China for sight-seeing or come for sight-seeing in a group.

(7) M visa to aliens who come to China for business or commercial activities.

(8) Q1 visa to aliens who come to China for visiting Chinese citizen relatives, family members who have permanent residence in China, and to aliens who needs for living in China because of adoption; Q2 visa to aliens who come to China for a temporary visit to Chinese citizen or aliens who have permanent residence in China.

(9) R1 visa to alien high level talents and professionals in short supply who need to reside in China; R2 visa to alien high level talents and professionals in short supply who come to China for a visit.

(10) S visa to aliens who come to China to dealing with divorce, inheritance, adoption, other private affairs, or medical care

(11) X1 visa to aliens who come to China for long-term study or training; X2 visa to aliens who come to China for short-term study or training

(12) Z1 visa to aliens who come to China for employment over 90 days; Visa Z2 to aliens who come to China for employment shorter than 90 days.

The spouse, parents, children under 18 years old, and parents of spouse with J1, R1, R2, X1 or Z1 may apply derivative visa, which will be added “-Y” to the visa type.

The Ministry of Foreign Affairs, together with the Ministry of Public Security or the relevant departments of the State Council, can make additional annotations to an alien’s visa category depending on the alien’s purpose for entry.

Article 6. Aliens entering China with D visas should apply for a foreigner permanent resident permit at the provincial level PSB Exit-Entry Administration Bureau within 30 days of the entry.

Aliens with J1, Q1, R1, X1 or Z1 visas (hereinafter referred to as residence visas), should apply for the relevant foreign residence certificate at county-level PSB Exit-Entry Administration Bureau where they reside within 30 days of entry.

Aliens with C, F, G, J2, L, M, Q2, R2, S, X2 or Z2 visas (hereinafter referred to as stay visas) may only stay in China within the period allowed shown on the visa.

Section 2. Visa Issuance

Article 7. Before entering China, an alien shall apply for a visa from an overseas China Embassy, Consulate or visa agency entrusted by the Ministry of Foreign Affairs (hereinafter referred to as overseas visa agencies).

In the following circumstances, aliens may apply for port visas at port visa agencies entrusted by the Ministry of Public Security (hereinafter referred to as port visa agencies) at ports approved by the State Council to handle port visa applications:

(1) Emergency business or engineering repair in China on invitation.

(2) Emergency entry for rescue and disaster relief, visit patient in danger, funeral arrangements or other humanitarian reasons.

(3) Other situations requiring emergency entry, in which relevant authorities agree to issuance of a port visa and provide supporting evidence.

Travel agencies that organize inbound tourism may apply for group visitor L visas at port visa agencies in accordance with relevant provisions of the State.

Article 8. To apply for a visa, an alien shall fill in the visa application form, submit a valid passport or other international travel certificate issued by foreign government or international organization; submit a standardized photo, with documents relevant to the travel purpose, and and if required by the visa agency, a certificate of no criminal conviction and other materials.

An applicant shall personally sign the visa application form. For an alien with a civil disability or limited civil capacity, the form should be signed by a guardian.

Article 9. The relevant materials relevant to travel purpose, which should be provided as required in Article 8, include:

(1) A C visa application shall provide letter of guarantee issued by foreign transportation company or Invitation Letter issued by a related Chinese company.

(2) A D visa application shall provide Alien Permanent Resident Identity Confirmation Form issued by the Ministry of Public Security.

(3) An F visa application shall provide an invitation letter issued by a Chinese company or individual.

(4) A G visa application shall provide an airplane, vehicle, or boat ticket for a connecting trip to a destination in the next country (or region) with a confirmed date and seat.

(5) A J1 or J2 visa application shall follow the approval procedures and provide relevant application documents according to the relevant regulations of permanent offices of foreign news agencies and foreign journalist.

(6) An L visa application shall provide round-trip airplane, vehicle, orboat tickets, hotel reservations, and a travel itinerary. A tour group coming to China for travel should also provide an Invitation letter prepared by a travel agency.

(7) An M visa application shall provide an invitation letter issued by a Chinese business or trading partner.

(8) A Q1 visa application shall provide an invitation letter prepared by a family member and proof of relationship if entering China for purpose of family reunion; if coming for purposes of adoption, provide a power of attorney, etc. A Q2 visa application shall provide an invitation letter prepared by a Chinese citizen or alien who has permanent residence qualification.

(9) An R1 and R2 visa application shall obtain per regulations recognition of the applicant’s qualification as a high-level talent and as a professional in short supply, provided by a provincial-level relevant department of the people’s government.

(10) An S visa application shall provide required evidence showing that the applicant is coming to deal with divorce, inheritance, adoption or other private affairs.

(11) An X1 or X2 visa application shall provide an admission offer and related documents issued by a Chinese education or training organization.

(12) A Z1 or Z2 visa application shall provide the required work permit and related documents.

A derivative visa application shall provide proof of family relationship and the principal’s visa application documents.

Article 10. Visa agencies may verify aliens’ information through interview, telephone inquiries, etc. The alien and the company or individual who provides an invitation letter and other proof should be cooperative.

In the following circumstances, an alien should submit to an interview per visa agency requirements:

(1) if applying for a residence visa;
(2) if the applicant’s identity and the purpose of entry need to be verified;
(3) if the applicant has been refused entry previously, or has been required to depart within in a particular period of time; or
(4) if the visa agency believes it is necessary to have an interview.

Article 11. Qualified applicants will be issued the relevant visa by the visa agencies. For aliens who need to apply for a residence certificate or use a designated entry-exit port, their visa notation will show the period when they should apply for the residence certificate or the designated entry-exit port.

An alien who falls within the conditions in Article 21 of the Exit-Entry Administration Law of the People’s Republic of China will not be issued a visa by a visa agency. Visa agencies have the right not to disclose the reasons for refusal.

Chapter 3. Stay and Residence

Section 1. Visa Extension, Replacement, and Reissuance; Issuance of Stay Certificates

Article 12. An alien who enters China with an F, J2, M, Q2, R2, S, or X2 visa who need to extend the stay after visa expires shall apply to a local exit and entry administration authority in the public security organ of a local people’s government at or above the county level 7 days before the stay period of the visa expires.

An alien who enters China with a C, G, L or Z2 visa who needs to extend their stay after the visa expires due to humanitarian reasons or force majeure shall apply to a local exit and entry administration authority in the public security organ of a local people’s government.

Article 13. Aliens may apply to local exit and entry administration authorities in public security organs of local people’s governments for visa replacement under any of the following circumstances:

(1) Use of a new passport;
(2) The alien has entered China with an L group visa but need to leave the group to continue staying in China due to objective cause;
(3) Change the stay purpose according to the provisions of China;
(4) Readmission to China according to the provisions of China; or
(5) Qualification for other visa replacement.

Article 14. If a visa needs to be replaced, reissued due to damage, loss, theft or robbery, the alien shall submit an application at the exit and entry administration authority in a public security organ of a local people’s government at or above the county level.

Article 15. Aliens stay certificate applications should be submitted to public security organs of local people’s governments at or above the county level under any of the following circumstances:
(1) Aliens who are exempted from visa for entry need to stay in China beyond the visa-free period for reasonable cause. Aliens who enter China for diplomatic or business reasons have to follow the provisions of the Ministry of Foreign Affairs.
(2) Foreign seamen and accompanying family members needing to leave the port city.
(3) Persons who have abandoned Chinese citizenship in China, but need to continue staying in China for unfinished matters.
(4) Aliens have completed their residence purpose but need to continue staying in China due to humanitarian reasons.
(5) Aliens forced to apply for alien stay certificate in order to complete a criminal sentence, aliens ordered to depart in a certain period, or aliens who have been ordered deported.

The validity period of the stay certificate will be based on the purpose of stay; however, it will not exceed 180 days.

Article 16. Aliens shall submit their visa extension, replacement, reissuance or stay certificate application to the exit-entry administration authority in a public security organ where they stay by filling in the application form, providing a valid passport or other international travel document, a qualified photo and other documents relevant to their application purpose.

A relative, company or individual providing an invitation, exit-entry intermediary agency may apply on aliens’ behalf under any of the following circumstances:

(1) The alien is under 16 years old or at the age of 60
(2) The alien has limited mobility due to illness.
(3) It is not the alien’s first time entering China, and the alien has a good with good stay and residence record in China.
(4) A case where the work unit providing the invitation guarantees payment of all expenses to an alien for the period of time within China.

Article 17. After preliminary examination, the Public Security Bureau exit-entry administration shall accept qualified applications for visa extension, replacement, reissuance and stay certificate, and issue an acceptance notice. The acceptance notice will be valid not more than 7 days. Aliens whose passport or other international travel documents are held by the exit-administration bureau mayrealy on the acceptance notice to legally stay in China.

The exit-entry administration authorities in public security organs shall notify aliens about the application procedures and the correct application documents if their application materials for visa extension, replacement, reissuance and the stay certificate are not qualified.

The exit-entry administration authorities in public security organs shall make the decision whether to approve aliens’ visa extension, replacement, reissuance or stay certificates within 7 days after accepting the application.

Article 18. To extend, replace or reissue an ordinary visa, or apply for stay certificate, the aliens shall submit the required invitation letter or document from the related company or individual to exit-entry administration authorities in public security organs.

The exit-entry administration authorities in public security organs should verify the truthfulness of an alien’s stated application purpose through interview, phone calls or field investigation. The alien and the company or individual who provides the invitation letter or other documents should be cooperative.

The exit-entry administration authorities in public security organs may require the alien, the company or individual who provides the invitation letter or other documents to submit evidence that payment of the alien’s expenses during the period of stay in China will be guaranteed .

Article 19. The decision of exit-entry administration authorities in public security organs to extend the visa stay period, is only effective for this admittance to China. It does not affect the number of authorized entries or the entry validity period.

Article 20. An alien’s application for visa extension, replacement, reissuance or for a stay certificate, and issuance of the acceptance notice won’t be approved under any of the following circumstances:

(1) Inability to provide required evidence for visa extension, replacement, reissuance applications.
(2) Misrepresentation in the application.
(3) Violation of related China laws or administrative regulations; unsuitability for staying in China.
(4) Issuance authorities believe there is reason not to approve.

Section 2. Issuance of Residence Certificate

Article 21. Residence certificates are divided into the following categories, identified by Chinese characters, based on aliens’ residence visa type and residence purpose:

(1) Residence certificate for talents, issued for alien high-level talents and professionals in short supply who reside in China.
(2) Residence certificate for employment, issued for aliens who will work in China for over 90 days.
(3) Residence certificate for study, issued for aliens who will study in China for over 180 days.
(4) Residence certificate for journalist, issued for alien journalists who reside in China.
(5) Residence certificate for family reunion, issued for aliens who come to China for reunion with Chinese citizen relatives or family members. who have permanent residence in China, and to aliens who need to live in China because of adoption.
(6) Residence certificate for derivative famly members, issued for spouse, parents, children under 18 years old, and parents of spouse of the aliens who reside in China.
(7) Other residence certificates, issued for aliens who need to reside in China due to humanitarian reasons, etc.

Article 22. Aliens shall submit their resident certificate application to exit-entry administration authorities in public security organs where they reside by filling in the application forms, providing a valid passport or other international travel document, a qualified photo and other documents relevant to the application’s purpose.

An alien age 16 or older who applies for a residence certificate valid for one year or more must provide a health certificate.

Article 23. Other documents that may be required as relevant to the purpose of an application, as mentioned in Article 22, include:

(1) Residence certificate for talents: provide the alien’s R1 or R2 visa, or documentation of recognition of qualification as a high-level talent and professional in short supply issued by relevant administration authorities of the people’s government at or above the provincial level.

(2) Residence certificate for employment: provide the required work permit, copy of employer’s registration certificate and a letter from the employer, unless the employer is exempt from providing these documents under national provisions.

(3) Residence certificate for study: provide admission offer and related documents by a Chinese education or training organization.

(4) Residence certificate for journalist: provide the letter and press card issued by relevant administration authorities.

(5) Residence certificate for family reunion: aliens who come to reside in China for family reunion shall provide documents to prove the relationship between family members and documents relevant to the purpose of the application. Aliens who come to reside in China for adoption shall provide a power of attorney, etc.

(6) Residence certificate for derivative family members: provide proof of kinship with the principal, the principal’s passport or other international travel document, and principal’s residence certificate or residence certificate application acceptance notice.

(7) Other residence certificate: provide documentation related to the humanitarian reasons, etc.

Article 24. To extend one’s residence period, an alien in China shall submit an application at exit and entry administration authorities in public security organs of local people’s governments at or above the county level 30 days before validity period of the residence certificate expires.

Article 25. To replace the residence certificate due to a change in one’s residence purpose or other reasonable cause, an aliens in China shall submit an application at exit and entry administration authorities in public security organs of local people’s governments at or above the county level.

Article 26. If the residence certificate of an alien needs to be reissued due to damage, loss, theft or robbery, the alien shall submit an application at exit and entry administration authorities in public security organs of local people’s governments at or above the county level.

Article 27. To extend, replace or reissue the residence certificate, aliens shall submit the application to exit-entry administration authorities in public security organs where they reside by filling in the application forms, providing a valid passport or other international travel document, a qualified photo and the relevant documents.

Article 28. To extend, replace or reissue the residence certificate, the aliens’ relative, a company or individual providing an invitation, or an exit-entry intermediary agency may apply on behalf of any of the following individuals:

(1) An alien under 16 years old or over age 60.
(2) An alien whose mobility is limited due to illness.
(3) It is not the alien’s first time entering China, and the alien has a good with good stay and residence record in China.
(4) A case where relevant departments of the state council or people’s government at the provincial level provides the invitation letter or other documents.
(5) A case where the work unit providing the invitation has guaranteed payment of the alien’s expenses during the period of stay in China.

Article 29. After preliminary examination, the exit-entry administration authorities in public security organs shall accept a qualified residence certificate application for extension, replacement, reissuance, and issue the acceptance notice. The acceptance notice will be valid not over than 15 days. Aliens whose passport or other international travel documents are held by the exit-entry administration authority may rely on the acceptance notice to legally reside in China.

The exit-entry administration authorities in public security organs shall notify aliens about the application procedures and the correct application documents if their residence certificate application materials for extension, replacement or reissuance are not qualified.

The exit-entry administration authorities in public security organs shall make the decision whether to approve aliens’ residence certificate application for extension, replacement, reissuance within 15 days after accept the application.

Article 30. To extend, replace or reissue the residence certificate, aliens shall submit the required invitation letter or document from the related company or individual to exit-entry administration authorities in public security organs.

The exit-entry administration authorities in public security organs may verify the truthfulness of aliens’ application purpose through interview, phone calls or field investigation. Alien, the company or individual who provides the invitation letter or other documents should be cooperative.

The exit-entry administration authorities in public security organs may require the alien, the company or individual who provides the invitation letter or other documents to submit a guarantee of payment of the alien’s expenses for the period in China.

Article 31. An alien with a residence certificate for study who needs to take a part-time job or internship outside campus shall obtain approval from the education or training organization, then apply to the exit-entry administration authorities in public security organs to add the notation of taking a part-time job or the location and period of internship outside campus on the residence certificate.

An alien with a residence certificate for study whose resdience certificate does not have the above-mentioned notation is not allowed to take a part-time job or internship outside campus.

Article 32. The shortest validity period of a residence certificate for employment is 90 days; the longest is 5 years. The shortest validity period of a non-employment residence certificate is 180 days; the longest is 5 years.

The specific validity period of the residence certificate will be determined based on the alien’s application purpose and activities in China.

Article 33. Aliens who fall within the circumstances of Article 21 or 31 of Exit-Entry Administration Law of the People’s Republic of China, are ineligible for the issuance of a residence certificate or its extension, replacement or reissuance from the exit-entry administration authorities in public security organs .

Section 3. Management of Stay and Residence

Article 34. When the people’s police of the public security organs are carrying out official business, they may check and verify aliens’ passport or other international travel document or stay or residence certificate according to regulations.

The people’s police of the public security organs shall show their work certificate as proof of identity when checking and verifying aliens’ documentation.

Article 35. If aliens stay in hotels in China, the hotels shall register their accommodation according to public security management provisions for hotels and report accommodation registration information of the aliens to local public security organs with 24 hours.

If alien lives or resides in a domicile other than a hotel, the alien personally or the person putting up the alien shall register at local public security organs within 24 hours after taking up residence. If the alien lives or resides in a mobile vehicle, the organization or individual putting up the alien shall report to local public security organs within 24 hours in advance.
An alien possessing a residence certificate that clearly shows his or her residence address need not repeatedly register that accommodation. If staying at a place other than the address shown on the residence certificate, the alien shall register that temporary address.

Article 36. For a foreign infant born in China, the parents or an agent shall register the infan t’s stay or residence according to Article 40 of Exit-Entry Administration Law of the People’s Republic of China.

The parents or agent of the foreign infant shall apply for the stay or residence certificate for the infant within 60 days after register for the stay or residence, except the ones that who are unable to get their passport or other international travel documents due to force majeure factors.

Article 37. If any alien dies in China, his or her family members, guardian or agent shall, within 10 days of receiving the death certificate, should take the death certificate as well as the alien’s passport or other international travel document to the exit and entry administration authorities in public security organs of local people’s governments at or above the county level that issued the stay or residence certificate or with jurisdiction over the place of death, in order to report the death and cancel the alien’s stay or residence certificate.

Article 38. The following aliens should stay within restricted areas:

(1) Aliens approved for a temporary entry to stay at the restricted areas by the exit-entry frontier inspection organs; and
(2) Aliens with an exit-entry document clearly indicating an area within which to stay.

Article 39. In the following circumstances, and alien will be deemed to be residing illegally:

(1) An alien staying or residing beyond the period permitted by the visa or stay or residence certificate;
(2) An alien who admitted without a visa who has remained in China beyond the visa- free period and fails to apply for a stay or residence certificate;
(3) An alien who moves beyond any area to which his or her stay is restricted.
(4) Other illegal residence behaviors.

Article 40. In the following circumstances, an alien will be deemed to be illegally employed:
(1) Working in China without a valid work permit and work residence certificate, unless exempted by regulation;
(2) Working outside of the geographic area to which one’s work permit is restricted;
(3) Not working at the work unit to which one’s work permit is restricted;
(4) Overseas students working in China beyond the scope of the position or time peirod authorized.
(5) A Z2 visa holder working beyond the scope approved by the managing department.

Article 41. If the alien, without a valid work permit and work residence certificate, has a de facto labor relationship with a work unit, even if no labor contract has been signed, it will be deemed illegal employment.

The above-mentioned determination of whether there has been illegal employment will not be affected by whether or not has already received remuneration for work.

Article 42. The following circumstances should be promptly reported to local exit-entry administration authorities in public security organs by a work unit employing a foreigner or sponsoring a foreign student:

(1) An alien’s work unit or location changes, or the alien’s employment ends;
(2) A foreign student graduates, finishes a course, drops out, or leaves the school;
(3) The employed alien or foreign student violates the exit-entry regulations; or
(4) The employed alien or foreign student dies or has a significant accident.

Article 43. If a relevant work unit needs to verify an alien’s identity, they shall apply to the exit-entry administration authorities in public security organs . When the exit-entry administration authorities in public security organs and their staff provide verification information, they shall protect the confidentiality of aliens’ private information.

Chapter 4. Investigation, Repatriation, and Penalties

Article 44. When a decision is made to detain and investigate an alien, authorities shall issue a written decision and deliverit to the alien, and send the alien to a detention center or repatriation center within 24 hours.

Once the investigation for the detained aliens is complete, or they should not be detained after the investigation, shall be released from the investigation immediately, and issue a written notice of removal detention and then deliver it to the released aliens; For the aliens who need further administrative detention, shall be transferred to the detention centers.

Article 45. If an alien’s scope of activities is restricted, written notice of the restriction should be provided to the alien. Such an alien shall report to public security within a designated period. Unless approved by authorities, such an alien shall not change his or her place of residence or leave the designated area.

Article 46. Authorities who make deportation decisions shall determine period during which a deported alien may not be readmitted to the country.

Article 47. If deportation or expulsion cannot be carried out immediately due to the weather, transportation schedules, a person’s health status, other force majeure, or due to the alien’s nationality or identity being unknown, the alien shall to be sent to a repatriation center or detention centers, based on the relevant legal documents, until the completion of deportation or expulsion.

The public security organs may establish repatriation centers based on their actual needs. Aliens who have been detained in the repatriation centers shall be repatriated or deported by presenting relevant legal documents and the stay certificates.

Article 48. An alien is responsible to pay the costs related to his or her deportation. If the alien is unable to afford the expenses and engaged in illegal employment, the work unit or individual employing the alien is responsible. In other circumstances, the work unit or individual that has made a guarantee is responsible for paying expenses related to the alien’s residence in China.

Article 49. The issuing authority shall declare invalid a visa, stay or residence certificate, etc., under any of the following circumstances:

(1) Damage, loss, or theft;
(2) An alien who is ordered deported or to depart within a specified period, but his or her visa or residence or stay certificate is not yet seized or canceled;
(3) The initial purpose of the alien’s residence has been terminated early, but the alien has not reported this to public security authorities within the required period; or
(4) The aliens falls within the circumstances of the Article 21 or 31 of the Exit and Entry Administrative Law of the People’s Republic of China.

The issuing authority may, according to the law declaring invalid a visa or stay or residence permit, etc. It may be declared invalid on the spot, revoked, or confiscated. If it cannot be declared invalid on the spot, it can be done by announcement.

Article 50. The aliens’ visa or stay or residence certificate may be cancelled or confiscated under any of the following circumstances:

(1) it is declared invalid;
(2) it is forged or altered;
(3) it was obtained falsely or through other illegal means;
(4) it was falsely used by others; or
(5) the alien is ordered deported or to ordered to depart within a specified period.

The authorities who make decision of cancellation or confiscation shall promptly notify the authority that issued the certificate.

Article 51.  If an alien applying for a visa, residence or stay certificate or other extension, replacement, or reissuance violates this regulation by providing false documentation, he or she will be penalized in accordance with Article 74 of the Exit and Entry Administrative Law of the People’s Republic of China.

Article 52.  An alien who uses a forged or altered exit-entry certificate to prove his or her status, will be warned and/or penaltized not more than 2,000 renminbi.

Article 53. A time limit not longer than 30 days shall be set when an alien is ordered to depart the country.

Article 54.  The administrative penalties stated in this chapter shall be decided by the county-level public security organs of local people’s government or the exit- entry frontier inspection organization. A warning or penalty under 2,000 renminbi can be decided by the county-level public security organs of local people’s government.

Chapter 5. Supplementary Provisions

Article 55.  The following definitions apply to terms used in these regulations:

Number of entries for a visa means the number of times a visa holder can enter the country during the visa’s validity period.

The validity period of the visa means the period it is valid for the visa holder to enter the country with the visa. The visa is effective from the issuance date, unless indicated by the issuing authority, and expires at 2400 hours Beijing time on the expiration date.

Duration of stay of the visa means the permitted period that the visa hold can stay after each entry and is calculated from the second day after entry.

Long term or residence means residing in China for more than 180 days.

Short term means staying in China for fewer than or equal to 180 days.

Family members include a spouse, parent, child, sibling, paternal grandparent, maternal grandparent, grandchild, and parent-in-law.

Article 56.  The Chinese government and foreign governments should sign and implement agreements regarding the handling and examine of visas, visa application fees, etc.

Article 57.  For aliens who reside near China’s land borders, if there is an agreement signed between China and the bordering country, that treaty’s provisions will apply to entering and entering China as well as stay and residence. If there is no such treaty, Chinese government regulations will apply.

Article 58.  If approved by the Ministry of Foreign Affairs, a visa office that is stationed abroad can delegate to local relevant organs responsibility for service work such as visa application acceptance, data input, consultation, etc..

Article 59.  The management of issuing diplomatic visas, courtesy visas, official visas and stay or residence certificates for diplomatic or official affairs for aliens shall be executed according to the regulations of the Ministry of Foreign Affairs.

Article 60.  The format for visas shall be formulated by the Ministry of Foreign Affairs together with the Ministry of Public Security. The format for stay and residence certificates shall be formulated by the Ministry of Public Security.

Article 61.  This regulation will be effective on (mm-dd-yyyy). The former Rules Governing the Implementation of the Law of the People’s Republic of China on the Entry and Exit of Aliens will be abolished at the same time.

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