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RULES FOR IMPLEMENTATION OF THE CONTROL OF THE ENTRY AND EXIT OF ALIENS

    These Rules are formulated in accordance with Article 33
of The Law of the People's Republic of China on Control of
the Entry and Exit of Aliens (hereinafter referred to as The
Law on Control of the Entry and Exit of Aliens).
Chapter I  Entry into the Country

    Article 1  For entry into China, aliens shall apply for
visas from Chinese diplomatic missions, consular posts or
other resident agencies abroad authorized by the Ministry
of Foreign Affairs.

    Aliens who hold ordinary passports issued by countries
which have diplomatic relations or official trade contacts
with China as well as letters or telegrams from authorized
organization in China, may, under any of the following
circumstances where they must necessarily rush to China but
have no time for visa application to the aforesaid agencies,
apply for visas to the visa-granting agency at the entry port
as authorized by the Ministry of Public Security:

    (1) they are invited at the last moment by a Chinese
host to come to China for a trade fair;

    (2) they are invited to China to make a tender or to
formally sign an economic or trade contract;

    (3) they come to China by appointment to supervise an
export shipment, inspect an import commodity or to participate
in a check-and-accept operation in accordance with contracts;

    (4) they are invited to participate in the installation of
equipment or in the emergency repair of an engineering project;

    (5) they come to China at the request of the Chinese side
to solve a problem of claims;

    (6) they are invited to come to provide technical advisory
services;

    (7) they come to China due to a last-minute change in the
composition of a visiting group which took place after the visa
had been granted to the group and which is approved by the
Chinese side;

    (8) they come to China to see patients in critical conditions,
or to undertake funeral matters;

    (9) owing to force majeure, persons in immediate transit
cannot leave the country within 24 hours by taking the original
plane, or have to change to other means of transport for leaving
the country; or

    (10) they are invited to China for other matters, and really
have no time to apply for visa to the aforesaid Chinese resident
agencies abroad but hold letters or telegrams from the designated
competent authorities that give the consent for them to apply for
visa from the visa-granting agency at the entry port.

    Visa-granting agencies at entry ports shall not handle visa
applications of aliens who do not come under the aforesaid
circumstances.

    Article 2  Visa-granting agencies at entry ports, as authorized
by the Ministry of Public Security, are stationed at the following
ports: Beijing, Shanghai, Tianjin, Dalian, Fuzhou, Xiamen, Xi'an,
Guilin, Hangzhou, Kunming, Guangzhou(Baiyun Airport),
Shenzhen(Luohu, Shekou) and Zhuhai(Gongbei).

    Article 3  Different categories of visa, such as diplomatic,
courtesy, service and ordinary visas, shall be issued to different
aliens in accordance with the different status in which they visit
China and the different categories of passport they hold.

    Article 4  According to the stated purpose of aliens' visit to
China, the ordinary visas shall be marked with certain Chinese
phonetic letters:

    (1) D visa to aliens who come to China for permanent residence;

    (2) Z visa to aliens and their accompanying family members
who come to China for a post or employment;

    (3) X visa to aliens who come to China to study, to engage
in advanced studies, or to do fieldwork, for a period of 6 months
or more;

    (4) F visa to aliens who are invited to China for a visit,
investigations, giving lectures, doing business, carrying out
scientific, technical or cultural exchanges, or for short-term
advanced studies or fieldwork, etc. for a period of not
exceeding 6 months;

    (5) L visa to aliens who come to China for sightseeing or
visiting relatives or for other private purposes (group visa
may be issued to a group of nine or more aliens on a sightseeing
trip to China);

    (6) G visa to aliens passing through China;

    (7) C visa to train attendants, airline crews and seamen
and their accompanying family members in international operations;
and

    (8) J-1 visa to aliens who come to China as a resident
correspondent, while J-2 visa to foreign correspondents who come
to China for covering special events.

    Article 5  Aliens applying for visas shall provide such
pertinent information as requested and go through the following
procedures:

    (1) to present a valid passport or a certificate that can be
used as a passport;

    (2) to fill in a visa application form and hand in recent
frontal hatless half-length passport-size photos; and

    (3) to present, for examination, documents of certification
pertaining to the purposes of entry or transit application.

    Article 6  The documents of certification as mentioned in
Item (3) of Article 5 of these Rules refer to:

    (1) in applying for D visa, the permanent residence
confirmation form, which may be applied for by the applicant
himself or through his relatives in China to the entry-exit
control department of the public security bureau of the city
or county where the applicant is to reside;

    (2) in applying for Z visa, documents of certification
issued by the sponsor or employer organization in China
indicating the engagement or employment, or letter or telegram
sent by an authorized organization;

    (3) in applying for X visa, documents of certification
issued by the receiving organization or by the competent
department concerned;

    (4) in applying for F visa, a letter or telegram sent by
an authorized organization;

    (5) in applying for L visa for a tourist trip in China, a
certificate of reception from a Chinese tourist service, and
when necessary, the flight, train or ship ticket for the
country(region) of destination after leaving China;

    (6) in applying for G visa, a valid visa for entering
the country(region) of destination, or through tickets in
case such a visa is exempt;

    (7) in applying for C visa, the relevant documents of
certification that should be presented according to the
agreements concerned; and

    (8) in applying for J-1 or J-2 visa, documents of
certification issued by the competent department concerned.

    Aliens who are to come to China for permanent residence
or for residence of one year or more shall in addition, in
applying for entry visas, produce for examination a health
certificate issued by a medical institution designated by
the government of the country of their current residence or
one issued by any other medical institution and certified
by a notary public. The health certificate shall be valid
for 6 months from the date of issue.

    Article 7  Aliens coming under the following categories
shall not be permitted to enter China:

    (1) those who are expelled by the Chinese Government
whose term of no-entry has not yet expired;

    (2) those who are considered prone to terrorist or
subversive activities or violence after entering the country;

    (3) those who are considered prone to smuggling,
prostitution or drug trafficking after entering the country;

    (4) those who suffer from mental disorder, or infectious
diseases such as leprosy, AIDS, venereal diseases or contagious
tuberculosis, etc.;

    (5) those who lack the means to support themselves
financially while staying in China; and

    (6) those who are considered prone to other activities, after
entering the country, which shall jeopardize the security and
interests of the country.

    Article 8  Aliens may be exempt from going through the
procedures for obtaining a transit visa if they hold a through
ticket and have booked seats on international airliners flying
immediately through China and will stay in the transit city for
not exceeding 24 hours without leaving the airport; aliens who
wish to leave the airport shall apply to the border inspection
office for stopover permits.

    Article 9  When a vessel in international service anchors
at a Chinese port, the foreign crew members and their accompanying
family members shall, when wishing to disembark without leaving
the port city, apply to the border inspection office for
disembarkation permits, and, for lodging permits, when
wishing to stay overnight on land. Those who, with justification,
wish to go to places beyond the port city or are unable to leave
the country by the original vessel shall apply to the local public
security bureau for appropriate visas.
Chapter II  Inspection of the Entry and Exit Certificates

    Article 10  Aliens shall, upon arrival at a Chinese port,
present to the border inspection office for examination their
valid passport with visa and other relevant certificates issued
by the Chinese government, and fill in entry-exit cards. They
may enter the country after the border inspection office has
examined, approved and stamped their certificates.

    Article 11  Upon arrival of a foreign aircraft or vessel
at a Chinese port, the persons in charge shall fulfill the
following obligations:

    (1) the aircraft commander, the captain or their agent
shall submit to the border inspection office the lists of
the crew members and the passengers;

    (2) they shall report, immediately upon discovery, cases
of persons aboard attempting to illegally cross China's borders
to the border inspection office for disposition; and

    (3) they shall see that persons not permitted to enter the
country leave on the original means of transport and that the
expenses during the stay in China of persons who cannot promptly
leave the country owing to force majeure are covered along with
their travel expenses for departure.

    Article 12  The border inspection office shall have power
to prevent the entry or exit of aliens coming under the
following categories:

    (1) those who do not hold valid passports, certificates or
visas;

    (2) those who hold forged, altered or other than their own
passports or certificates;

    (3) those who refuse to have their certificates examined; and

    (4) those whose entry into or exit from the country shall not
be permitted, as notified by the Ministry of Public Security or
the Ministry of State Security.

    Article 13  Aliens shall, on leaving the country, present for
examination their valid passports or other valid certificates as
well as visas or residence permits authorizing their stay in China.

    Article 14  Aliens and means of transport of aliens, which are
required by the visa-granting agencies to pass through designated
ports, shall enter or leave the country only through the designated
ports.

    Article 15  With respect to those aliens who are forbidden to
enter the country according to Article 12 of these Rules, in the
event that they are unable to return promptly by the original
means of transport, the border inspection office may take
necessary measures to restrict their bounds of activities,
and give orders for them to leave the country by the next
available means of transport.
Chapter III  Residence

    Article 16  Aliens who hold D, Z, X and J-1 visas shall,
within 30 days of entry, go through the procedures with the
public security bureau of the city or county where they are
to reside for the residence permit for aliens or temporary
residence permit for aliens. The term of validity of the
aforesaid residence certificates shall be the time limits
of the authorized stay in China for the certificate holder.

    The residence permit for aliens shall be issued to those
who will stay in China for a period of one year or more.

    The temporary residence permit for aliens shall be issued
to those who will stay in China for a period of less than
one year.

    Aliens who hold F, L, G, and C visas may stay in China
within the time limits as their visas indicate, without the
necessity to obtain the residence certificate.

    Article 17  In applying for residence certificates, aliens
shall provide such information as requested and complete the
following procedures:

    (1) to present for examination their passports, visas and
documents of certification pertaining the purpose of their
residence;

    (2) to fill in the residence application form; and

    (3) where applying for the residence permit for aliens, to
present for examination their health certificate together with
their recent frontal hatless half-length passport-size photos.

    Article 18  The term of validity of the residence permit
for aliens shall be one to five years, which shall be decided
according to the purpose of residence of the alien by the
public security bureau of the city or county.

    To aliens who satisfy the requirements as provided in
Article 14 of the Law on Control of the Entry and Exit of
Aliens, the public security organ may grant a long-term
residence permit ranging from one to five years, and a
permanent residence permit, to those with meritorious
performance.

    Article 19  Aliens exempt from visa under the agreement
between China and the relevant country shall, where they wish
to stay in China for a period of 30 days or longer, apply for
the residence certificate after entry, in accordance with
Article 16 and 17 of these Rules.

    The provisions of the preceding paragraph shall not apply
to aliens as mentioned in Article 34 of the Law on Control of
the Entry and Exit of Aliens.

    Article 20  Aliens who need to prolong their stay or
residence in China beyond the expiration of their visas or
residence certificates shall apply for an extension before the
expiration of their visas or certificate.

    In the event that any alien, while staying in China, is
found to have suffered any of the diseases as mentioned in
Item (4) of Article 7 of these Rules, the Chinese competent
authorities of public health may suggest to the public security
organ that the alien in question be ordered to advance his
date of exit from China.

    Article 21  In case of any changes in the entries (name,
nationality, occupation or status, place of work, address,
passport number and accompanying children, etc.) of the
residence permit for aliens, the permit holder shall, within
10 days, go through the registration procedures for the change
at the public security bureau stationed at the locality of his
residence.

    Article 22  Where any holder of the residence permit for
aliens wish to move out of the city or county of residence, he
shall, before moving, go through the removal registration
procedures at the public security bureau stationed at the
locality of his residence and, within 10 days after moving
in, go through the moving-in registration procedures at the
public security bureau stationed at the new locality.

    An alien residing permanently in China who wishes to apply
for a change of residence shall first make an application to
the public security bureau at the new place of residence for a
permit, and then with this permit go through the removal
registration procedures in accordance with the provisions of
the preceding paragraph.

    Article 23  For the sake of national security, public order
or other public interests, the municipal or county public
security bureau may impose restrictions on the establishment of
residences or business offices in certain areas by aliens or by
foreign institutions; residences or business offices already
established in the aforesaid areas under restrictions shall
move to the nonrestricted areas within the time limits
specified in the notice of removal issued by the
municipal or county public security bureau.

    Article 24  Aliens residing permanently in China shall,
once a year and at a prescribed time, present their residence
permit for aliens to the local public security bureau for
examination.

    The public security bureau may, when considering it
necessary, notify an alien to present his residence permit
for aliens to the entry-exit control department for
examination, and the alien shall do so accordingly at the
time specified in the notice.

    Article 25  Aliens of 16 years of age or older who reside
or stay in China shall carry with them their residence
certificates or passports for possible examination by the
police of foreign affairs.

    Article 26  As regards a foreign baby born in China,
the baby's parents or their agent shall, within one month
of the baby's birth, submit a report together with the baby's
birth certificate to the local public security bureau
and go through the registration procedures.

    Article 27  In the event that an alien dies in China, his
family member, guardian or agent shall, within 3 days of the
death, submit a report together with the death certificate of
the deceased to the local public security bureau, and present,
for cancellation, the residence certificate or visa of the
deceased.

    With respect to cases of aliens' unnatural deaths, the
persons concerned or the discoverers shall report the cases
immediately to the public security organ.

    Article 28  The competent authorities of the Chinese
Government mentioned in Article 19 of the Law on Control
of the Entry and Exit of Aliens refers to the Ministry of
Labor of the People's Republic of China.
Chapter IV  Registration for Lodging

    Article 29  Aliens who stay at such enterprises or
institutions as guesthouses, hotels, inns, hostels, and
schools, or at government departments, public organizations
and other Chinese institutions shall produce their valid
passports or residence certificates, and fill in the
registration form of temporary accommodation. When seeking
accommodation in an area not open to aliens, they shall
produce their travel permit in addition.

    Article 30  Aliens who lodge with the Chinese residents
shall, through the hosts or by themselves, within 24 hours
of their arrival in a city or a town, submit a report to the
local public security organ with their passport and other
certificates and the host's residence booklet, fill in the
registration form of temporary accommodation, and within 72
hours of their arrival in the countryside, report to the local
police station or to the local residence registration office.

    Article 31  Aliens who lodge at resident foreign
institutions in China or with other aliens residing in China
shall through the host institutions or the hosts or by
themselves, within 24 hours of their arrival, submit a report
to the local public security organ with their passport or
residence certificate and fill in the registration form of
temporary accommodation.

    Article 32  Aliens having long-term residence in China who
wish to lodge temporarily in a place other than their own
residence shall report and register the accommodation in
accordance with the provisions of Article 29, 30 and 31 of
these Rules.

    Article 33  Aliens who accommodate in mobile lodgings shall,
within 24 hours, submit a report to the local public security
organ. The organizations or individuals who furnish sites for
aliens' mobile lodgings shall 24 hours in advance submit a
report to the local public security organ.
Chapter V  Travels

    Article 34  Aliens who wish to travel in cities or counties
that are not open to aliens shall apply in advance to the public
security bureau of the city or county where they stay for a
travel permit, and they can start for their destination only
after they have obtained permission. To apply for a travel permit,
aliens shall go through the following procedures:

    (1) to produce for examination their passport or residence
certificate;

    (2) to submit certifications relating to their purpose of
travel; and

    (3) to fill in the travel application form.

    Article 35  The longest term of validity of the travel permit
for aliens shall be one year, provided that it shall not exceed the
term of validity of their visa or residence certificate.

    Article 36  When aliens who have already obtained their travel
permit wish to extend the term of validity of their travel permit,
to visit additional spots that are not open to aliens, or to
increase the number of accompanying persons, they shall apply to
the public security organ for the extension or change.

    Article 37  Aliens shall not enter places closed to aliens
without permission.
Chapter VI  Exit from the Country

    Article 38  Aliens shall leave the country within the time
limits specified in their visas, or within the term of validity
of their residence certificates.

    Article 39  Where holders of residence certificate for aliens
leave and are to reenter China within the term of validity of
their residence certificate, they shall, before leaving, apply to
the local public security organ for a reentry visa in accordance
with the relevant provisions of Article 5 and 6 of these Rules.

    Holders of residence certificate for aliens shall, when
leaving China, present their residence certificate to the border
inspection office for cancellation if they will not return to the
country.
Chapter VII  Penalties

    Article 40  Aliens who enter or leave China illegally
may be punished with a fine of 1000 to 10000 yuan, or held
in detention for 3 to 10 days, and may also concurrently
be ordered to leave the country within a specified time
limits or be deported from the country; where the
circumstances are serious enough to constitute a crime,
they shall be investigated for the criminal responsibility
according to law.

    Article 41  Persons in charge of means of transport
or their agent who, in violation of the provisions of
Article 11 of these Rules, refuse to fulfill the obligations
may be punished with a fine of 1000 to 10000 yuan, or
be held in detention of 3 to 10 days.

    Article 42  Aliens who, in violation of the provisions
of Article 16, 19 and 20 of these Rules, stay in China
illegally may be given a warning, or fined 500 yuan for
each day they stay for illegally with a maximum of 5000
yuan, or be held in detention of 3 to 10 days, and, where
the circumstances are serious, concurrently be ordered to
leave the country within a specified time limits.

    Aliens who violate the provisions of Article 21 and 22
of these Rules may be given a warning or punished with a
fine of not exceeding 500 yuan, and, where the circumstances
are serious, concurrently be ordered to leave the country
within a specified time limits.

    Aliens who, in violation of the provisions of Article 23
of these Rules, do not carry out decisions made by the public
security organ may, in addition to being enforced to carry out
the decisions, be given a warning or punished with a fine of
1000 to 10000 yuan, and, where the circumstances are serious,
concurrently be ordered to leave the country within a specified
time limits.

    Article 43  Aliens who, in violation of the provisions of
Article 24 and 25 of these Rules, fail to present for
examination their residence permit as required, or to carry
with them their passport or residence certificate, or refuse
to be examined on their certificate by the police may be given
a warning or punished with a fine of not exceeding 500 yuan,
and, where the circumstances are serious, concurrently be
ordered to leave the country within a specified time limits.

    Article 44  Aliens who engage in employment in China without
approval of the Ministry of Labor of the People's Republic of
China or departments authorized thereby may, in addition to being
demanded an end to their office or employment, be punished with
a fine of not exceeding 1000 yuan, and, where the circumstances
are serious, concurrently be ordered to leave the country
within a specified time limits.

     Any organization or individual who employs aliens without
permission may, in addition to being demanded an end to its/his
employ, be punished with a fine of 5000 to 50000 yuan and in
addition, be ordered to bear all the expenses required for
repatriating the aliens they employ without permission.

    Article 45  Anyone who is held responsible for, in
violation of the provisions of Chapter IV of these Rules,
the failure to go through the registration procedure for
getting accommodation or to submit a report to the public
security organ for lodging registration, or for providing
accommodation to an alien who does not hold any valid
certificate, may be given a warning or punished with a
fine of 50 to 500 yuan.

    Article 46  Aliens who, in violation of the provisions
of Article 34, 36 and 37 of these Rules, make a tour to an
area not open to aliens without approval may be given a
warning or punished with a fine of not exceeding 500 yuan,
and, where the circumstances are serious, concurrently be
ordered to leave the country within a specified time limits.

    Article 47  Aliens who forge, alter, use other than their
own, transfer or traffic in visas or other certificates may,
in addition to the revocation or confiscation of the original
visas or other certificates with confiscation of their
illegal gains, be punished with a fine of 1000 to 10000 yuan,
or held in detention of 3 to 10 days, and also concurrently
be ordered to leave the country within a specified time
limits, and, where the circumstances are serious enough to
constitute a crime, be investigated for the criminal
responsibility.

    Article 48  Those who violate the Law on Control of the
Entry and Exit of Aliens and these Rules due to force majeure
may be exempted from penalty.

    When an alien is unable to pay a fine, the penalty may
take the form of detention.

    Article 49  Penalties such as fines and detention provided
for in this Chapter shall also be applicable to persons who
are held responsible for assisting aliens to enter or leave
the country illegally, causing aliens to reside or stay in
China illegally, engaging or employing aliens who seek jobs
without permission, or facilitating aliens without valid
travel certificates in their entry into areas not open to
aliens.

    Article 50  Persons are punished but refuse to accept
the penalty of a fine or a detention imposed by the public
security organ may, within 15 days of receiving the notice,
appeal, directly or through the original organ that made
the decision on punishment, to the public security organ
at a higher level, which shall, within 15 days of receiving
the appeal, make a final decision. Persons who are punished
may also bring a suit directly to the local people's court.

    Article 51  The penalties provided for in this Chapter
shall be executed by the public security organ.
Chapter VIII  Other Provisions

    Article 52  Aliens who wish to apply for extension or
alteration of various types of visas or certificates shall
go through the following procedures:

    (1) to present for examination their passports, visas
and other certificates;

    (2) to fill in the application form for extension or
alteration; and

    (3) to provide certifying documents relating to the
extension or alteration.

    Article 53  Aliens who apply for various types of
visas or certificates, or for extension or alteration
of their visas or certificates, shall pay fees for
visas or certificates according to the relevant provisions.

    The rates of fees for various types of visas and
certificates shall be separately prescribed by the
Ministry of Public Security and the Ministry of Foreign
Affairs.

    Persons from a country that has signed an agreement
with the Chinese government on fees for visas shall follow
the relevant agreement.

    Article 54  Foreign children under 16 years of age
who share the same passport with their parents or
guardian, need not, when coming to China with their
parents or guardian, go through separately the procedures
for entry, transit, residence or travel.

    Article 55  In the event that an alien has his visa
or certificates issued by the Chinese government lost or
damaged, he shall promptly report to the entry-exit
control department of the local public security bureau
and apply for a replacement. Aliens who have lost their
residence permit for aliens shall publish an
announcement in a local newspaper to declare the lost
permit invalid.

    Article 56  The format of various types of visas,
certificates and application forms mentioned in these
Rules shall be made out separately by the Ministry of
Public Security and the Ministry of Foreign Affairs.

    Article 57  These Rules shall go into effect as of
the date of promulgation.