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Detailed Rules for the Implementation of the Exit and Entry Administration Law of China

(1986 65438+approved by the State Council on February 3,1986 65438+released by the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Communications on February 26,1994 July 13 the State Council approved the revision,1994 July 60.

Chapter I General Provisions

Article 1 These Detailed Rules are formulated in accordance with Article 19 of the Law of People's Republic of China (PRC) on the Administration of Exit and Entry of Citizens from China.

Article 2 These Detailed Rules shall apply to the entry and exit of China citizens for personal reasons. The so-called "private affairs" refer to non-official activities such as settling down, visiting relatives and friends, inheriting property, studying abroad, employment and tourism.

Chapter II Exit from China

Article 3: Citizens living in China must apply to the exit-entry administration department of the municipal or county public security bureau where their household registration is located, answer relevant inquiries and go through the following procedures:

(1) Submit the household registration book or other household registration certificates; ?

(2) fill in the exit application form; ?

(three) submit the opinions of the work unit on the applicant's exit; ?

(4) Submit certificates corresponding to the reasons for leaving the country. ?

Article 4: The certificate mentioned in Item 4 of Article 3 of these Rules refers to:?

(a) to leave the country to settle down, it is necessary to submit the certificate that the relatives and friends in the proposed place of residence agree to settle down or the certificate that they are allowed to leave the country to settle down; ?

(two) to visit relatives and friends abroad, the invitation certificate of relatives and friends must be submitted; ?

(3) If you inherit overseas property, you must submit proof of the legal right of inheritance; ?

(four) to study abroad, you must submit the admission certificate of the school and the necessary financial guarantee certificate; ?

(5) If leaving the country for employment, the employment and employment certificate of the employer or employer shall also be submitted; ?

(six) outbound tourism, must submit proof of foreign exchange expenses required for tourism. ?

Article 5 The municipal and county public security bureaus shall decide whether to approve or disapprove the exit application within 30 days, or within 60 days if they are remote and have inconvenient transportation, and notify the applicant. ? If the applicant fails to receive the notice of examination and approval results within the specified time, he has the right to inquire, and the accepting department shall give a reply; If the applicant thinks that the disapproval of exit does not conform to the Law of People's Republic of China (PRC) on the Administration of Exit and Entry of Citizens of China, he has the right to lodge a complaint with the public security organ at the next higher level, and the accepting organ shall make a handling and reply. ?

Article 6 Citizens living in China who are approved to leave the country shall be issued with passports and exit registration cards by the exit-entry administration departments of public security organs. ?

Article 7 Citizens living in China shall go through the formalities in registered permanent residence before leaving the country after completing the entry visa or entry permit. Those who leave the country to settle down must cancel their accounts at the local police station or the household registration authority. If you leave the country for a short time, register your temporary residence and restore your permanent residence with your passport when you come back. ?

Article 8 China citizens leaving the country after returning to China shall present valid passports of the People's Republic of China, valid travel permits of the People's Republic of China or other valid exit and entry certificates.

Chapter III Entry into China

Article 9 China citizens abroad who return to China for a short period of time shall enter the country with a valid passport of the People's Republic of China or a valid travel permit of the People's Republic of China or other valid entry and exit documents.

Article 10 China citizens who have settled abroad and wish to return to China for settlement shall apply to Chinese diplomatic missions, consular offices or other foreign agencies authorized by the Ministry of Foreign Affairs before entering the country, or they may apply to the public security bureau of the city or county where they intend to live, and the public security bureau (bureau) of the province, autonomous region or municipality directly under the Central Government shall issue a certificate of returning to China for settlement. ?

Article 11 China citizens who have settled abroad and want to work in China shall apply to the labor and personnel department of China or the employing unit. ?

Article 12 China citizens who have settled abroad shall register their permanent residence with the local public security bureau within 30 days after they return to China to settle or work and arrive at their destination. ?

Article 13: China citizens who have settled abroad shall go through temporary registration in accordance with the household registration regulations when they return to China for a short period of time. In hotels, restaurants, hotels, guest houses, schools and other enterprises, institutions or institutions, organizations and other institutions to stay, it should fill in the temporary accommodation registration form; If you live in the home of a relative or friend, you should go to the local police station or household registration office for temporary registration within 24 hours (72 hours in rural areas).

Chapter IV Entry-Exit Inspection

Article 14 China citizens leaving or entering the country from ports open to the outside world or designated ports shall show their passports or other exit and entry certificates of People's Republic of China (PRC) to the frontier inspection station, fill in exit and entry registration cards and accept inspection. ?

Fifteenth in any of the following circumstances, the frontier inspection station has the right to stop the exit or entry:

(1) Not holding a passport or other entry-exit documents of the People's Republic of China; ?

(2) Holding an invalid passport or other invalid entry and exit documents; ?

(3) Holding a forged or altered passport or certificate or using another person's passport or certificate; ?

(4) refusing to submit documents. ?

With the provisions of the second and third items of the preceding paragraph, it may be handled in accordance with the provisions of Article 23 of these Rules.

Chapter V Certificate Management

Article 16: The passport of the People's Republic of China and the travel permit of the People's Republic of China, the main documents for China citizens to leave and enter the country, shall be kept and used by the holders. Except that the public security organ and the original issuing authority have the right to revoke and confiscate the certificates according to law, and the people's procuratorate and the people's court have the right to detain the certificates according to law, no other organ, group, enterprise, institution or individual may detain the certificates. ?

Article 17 The passport of the People's Republic of China is valid for five years and can be extended twice, each time not exceeding five years. The application for extension should be made before the passport expires. ?

In foreign countries, passport extension shall be handled by China's diplomatic representative offices, consular offices or other overseas offices authorized by the Ministry of Foreign Affairs. The extension of passports of China citizens who have settled in China shall be handled by the public security departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government and the exit-entry administrative departments of public security organs authorized by them; The extension of passports of citizens living in China before leaving the country shall be handled by the exit-entry administration department of the public security organ at the place where the original documents are issued or where the household registration is located. ?

Article 18 The Travel Permit of the People's Republic of China is valid once a year and twice a year, and shall be issued by the diplomatic representative offices, consular offices or other overseas offices authorized by the Ministry of Foreign Affairs of China. ?

Article 19 The China People's Entry and Exit Pass is a pass to enter and leave China. Issued by the public security departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government and their authorized public security organs. This certificate is valid for one or more entry and exit within the validity period. Once it is valid, it will be confiscated by the border checkpoint when leaving the country. ?

Article 20 If the holders of passports and other exit-entry certificates of the People's Republic of China need to change or add notes to the items recorded in passports and certificates due to changes in circumstances, they shall apply to the exit-entry administration department of the municipal or county public security bureau, diplomatic representative offices, consular offices or other foreign institutions authorized by the Ministry of Foreign Affairs respectively, and submit the changed or added documents or explanatory materials. ?

Article 21 China citizens who hold passports and other exit and entry certificates of the People's Republic of China can't extend their validity because their passports are about to expire or their visa pages are used up, or they can't continue to use them because they are damaged, they can apply for renewal and return their original passports and certificates; If you want to keep the original passport, you can use it with the new passport. If a passport or exit-entry certificate is lost, it shall be reported to the competent authorities in China, and a statement shall be published in the newspaper or a statement of loss reporting, and then an application shall be made for a replacement. The replacement and replacement of passports and exit and entry certificates shall be handled by China's diplomatic representative offices, consular offices or other foreign agencies authorized by the Ministry of Foreign Affairs; In China, it shall be handled by the public security departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government and the exit and entry administration departments of the public security organs authorized by them.

Article 22 The holders of passports and other exit and entry certificates of the People's Republic of China shall be revoked or declared invalid under any of the following circumstances:

(1) Being sent back to China for illegal entry or illegal residence; ?

(two) holding a citizen's passport and certificate for fraud; ?

(3) engaging in activities that endanger national security, honor and interests. ?

The revocation and invalidation of passports and other exit and entry certificates shall be decided by the original issuing authority or its higher authorities.

Chapter VI Punishment

Article 23 Anyone who leaves or enters the country with forged, altered or other invalid certificates, or fraudulently uses other people's certificates, in addition to collecting the certificates, shall be given a warning or detained for up to five days; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Supplementary Provisions of the NPC Standing Committee on Severely Punishing Crimes of Organizing and Transporting Others to Steal the Border.

Article 24 Whoever forges, alters, transfers or buys or sells exit and entry certificates shall be detained for not more than 10 days; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the Supplementary Provisions of the NPC Standing Committee on Severely Punishing the Crime of Organizing and Transporting Others to Steal the Border. ?

Article 25 Whoever fabricates information, provides false certificates or obtains exit and entry certificates by bribery, if the circumstances are minor, shall be given a warning or detained for not more than five days; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the Supplementary Provisions of the NPC Standing Committee on Severely Punishing the Crime of Organizing and Transporting Others to Steal the Border. ?

Article 26 If the public security organ staff, while implementing the Law of People's Republic of China (PRC) on the Exit and Entry of Citizens of China and these Detailed Rules, use their powers to ask for or accept bribes or commit other illegal and dereliction of duty, if the circumstances are serious enough to constitute a crime, they shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the Supplementary Provisions of the NPC Standing Committee on Severely Punishing the Crime of Organizing and Transporting Others to Steal the Border.