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

    These Rules are formulated in accordance with the stipulations in 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 links with China as well as letter(s)
or telegram(s) from authorized units 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 to the visa-granting
departments at entry ports 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 come to China to submit a tender or to sign a
formal economic or trade contract;

    (3) they come to China by appointment to supervise the inspection of
import and export commodities 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 engineering projects;

    (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 and with consent of the Chinese side after the visas are
granted;

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

    (9) owing to force majeure, transit visa holders cannot leave the country
within twenty-four hours by taking the original plane or by taking other means
of transport;

    (10) other invited guests who really have no time for visa application to
the aforesaid China's resident agencies abroad, and who hold letter(s) or
telegram(s) from competent authorities who give the consent for the invited
guests to apply for the visa at the designated entry ports.

    The visa-granting agencies at entry ports shall not accept and handle visa
applications filled out by people who do not come under the aforesaid
circumstances.

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

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

    Article 4  In accordance with aliens' reasons for coming to China, the
ordinary visas to be issued to them shall be marked with the following Chinese
pinyin letters:

    (1) the letter "D" is marked on a visa issued to a person who comes for
permanent residence in China;

    (2) the letter "Z" is marked on a visa issued to a person who comes to
China for a post or employment, and also to this person's accompanying family
members;

    (3) the Letter "X" is marked on a visa issued to a person who comes to
China to study, to engage in advanced studies, or to do fieldwork, for a
period of more than 6 months;

    (4) the letter "F" is marked on a visa issued to a person who is invited
to come to China for a visit, for investigations, for giving lectures, for
doing business, for carrying out scientific, technical and cultural exchanges,
for pursuing short-term advanced studies or for doing short-term fieldwork:
these activities shall not exceed 6 months;

    (5) the letter "L" is marked on a visa issued to a person who comes to
China for sightseeing, for visiting relatives, or for private matters; a group
visa shall be issued to a China-bound tourist group of nine members or more;

    (6) the letter "G" is marked on a visa issued to a transit traveller;

    (7) the letter "C" is marked on a visa issued to a crew member performing
his/her duties on board an international train, or on an international
airliner, to a sailor on board an international ocean-liner or freighter, and
also to their accompanying family members.

    Article 5  An alien, who is applying for a visa, shall answer the
questions put to him/her and go through the following procedures:

    (1) to present a valid passport or other certificate(s) that can be used
in place of a passport;

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

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

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

    (1) those applying for the visa marked with "D" shall hold
status-of-residence identification forms. To obtain such a form, the applicant
may apply, or do so through his/her relatives in China, to the entry-exit
controlling department under the public security bureau of the city or county
where the applicant is to reside;

    (2) those applying for the visa marked with "Z" shall hold documents of
certification issued by a Chinese unit indicating the engagement or
employment, or hold letter(s) or telegram(s) sent by an authorized unit;

    (3) those applying for the visa marked with "X" shall hold documents of
certification issued by a host institution or by competent department;

    (4) those applying for the visa marked with "F" shall hold letter(s) or
telegram(s) sent by an authorized unit;

    (5) those applying for the visa marked with "L", who come to China as
tourists, shall hold certifying documents for reception issued by a Chinese
tourist department;

    (6) those applying for the visa marked with "G" shall hold a valid visa
issued by the country (or region) the applicant is going to. Only a
through-ticket holder is exempt from the procedures for such visa application;

    (7) those applying for the visa marked with "C" shall produce relevant
certificates according to agreement.

    Aliens who come to reside in China or to stay in China for more than one
year shall, when applying for an entry visa, produce for examination a health
certificate issued by a health department designated by the rountry the
applicant resides in, or issued by a health department and attested by a
notary office. The health certificate shall remain valid within a period of 6
months of its issuance.

    Article 7  Aliens belonging to any of the following categories shall not
be permitted to enter China:

    (1) deportees by the Chinese government whose terms of deportation have
not yet expired;

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

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

    (4) those who suffer from mental diseases, or leprosy, AIDS, venereal
diseases, open tuberculosis and such infectious diseases;

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

    (6) those who are considered prone, after entering the country, to other
activities that may jeopardize the country's security and interests.

    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 directly through China, and will stay in a
transit city for less than 24 hours without leaving the airport; aliens who
wish to leave the airport shall apply to the border inspection office for
permission to stay.

    Article 9  During the period of time when an international ocean-going
vessel casts anchor at a port in China, foreign crew members and their
accompanying family members who wish to come on land but do not leave the
seaport city shall apply to the border inspection office for landing
certificates; those who wish to spend the night on land shall apply for
lodging certificates. Those who wish, with justification, to go to places
beyond the limits of a seaport city, or are unable to leave the country on
board the original ship, shall apply to the local public security bureau for
proper visas.
Chapter II  Inspection of the Entry-Exit Certificates

    Article 10  Aliens, upon arrival at a port, shall present to the border
inspection office for examination their valid passports with visas and
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.

    Arncle 11  Upon arrival of a foreign aircraft or a vessel at a port in
China, the persons in charge shall have the following responsibilities;

    (1) the aircraft commander, the captain or the agent must submit to the
border inspection office a name list of the crew members, and a name list of
the passengers;

    (2) if the aircraft or vessel happens to carry persons who attempt to
cross the borders illegally, the case must be reported as soon as it is
discovered, to the border inspection office for disposition;

    (3) with regard to the persons who are forbidden to enter the country, the
persons in charge must assume the responsibility to take such persons away by
means of the original aircraft or vessel; with respect to persons who are
unable to leave the country immediately owing to force majeure, the persons in
charge shall be responsible for paying such persons' living costs during their
stay in China, and also for paying their travelling costs when they leave the
country.

    Article 12  The border inspection office shall have the right to forbid
aliens belonging to any of the following categories to enter or leave the
country:

    (1) holders of invalid passports, certificates or visas;

    (2) holders of forged or altered or other person's passports and
certificates;

    (3) those who refuse to present their certificates for examination;

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

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

    Article 14  Aliens and foreign-owned means of transport whose transit
ports have been designated by the visa-granting department must enter or leave
the country by the designated ports.

    Article 15  With respect to those aliens who are forbidden to enter the
country, as stipulated in Article 12 of these Rules, in the event that they
are unable to return 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 earliest means of
transport.
Chapter III Residence

    Article 16  Aliens who hold the visas marked with "D", "Z" and "X" must,
within 10 days of entry, go through the procedures for obtaining the residence
permit for aliens or temporary residence permit for aliens. The term of
validity of the aforesaid residence permit shall be the time limit of the
authorized stay in China for the permit holder.

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

    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 visas marked with "F', "L", "G" and "C" may stay in China
within the time limit as their visas indicate, without the necessity to obtain
residence permits.

    Article 17  Aliens who apply for the residence permit shall answer all the
questions put to them and go through the following formalities:

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

    (2) to fill in the residence application form;

    (3) applicants for the residence permit for aliens shall present, for
examination, their health certificates together with recent frontal hatless
half-length passport-size photos.

    Article 18  The term of validity of the residence permit for aliens may
last from one year to five years, as shall be decided by the municipal or
county public security bureau in accordance with reasons of aliens for staying
in China.

    To aliens who conform to the stipulations of Article 14 of The Law on
Control of the Entry and Exit of Aliens, the public security organ may grant a
l-5-Year long-term residence permit; to aliens of outstanding accomplishments
a permanent residence permit may be granted.

    Article 19  Aliens exempt from the visa-obtaining procedures in accordance
with an agreement signed by the Chinese government and the government of a
foreign country, shall, after entry, apply for the residence permit in
accordance with the stipulations in Article 16 and Article 17 of these Rules,
if they will stay in China for a period of more than 30 days.

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

    Article 20  An alien who wishes to continue to stay or reside in China
when the term of validity of his/her visa or residence permit expires shall,
before the expiration, apply for an extension.

    In the event that an alien, while staying in China, has been found to
suffer any of the diseases as specified in Item 4 of Article 7 of these Rules,
China's competent public health department may suggest to the public security
organ that the alien in question be notified to leave the country before the
term of his/her stay expires.

    Article 21  If any change is to be made in entries (name, nationality,
profession or status, work unit, residence, passport number, 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 their  residence.

    Article 22  In the event that holders of the residence permit for aliens
wish to move out of the city or county where they reside, they shall, before
they move, go through the removal registration at the public security bureau
stationed at the locality of their original residence. After moviug into the
new locality, they shall go through the moving-in registration procedures
within 10 days at the public security bureau stationed at the new locality.

    Resident aliens who wish to apply for moving their homes shall first apply
to the public security bureau stationed at the target locality for a permit
and then with this permit go through the removal registration procedures in
accordance with the stipulations of the preceding paragraph.

    Article 23  Out of the consideration for safeguarding state security,
maintaining social order, and protecting 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; foreign-owned residences or business offices already established
in the aforesaid areas under restrictions must move to the designated areas
within the time specified in the notice of removal issued by the municipal or
county public security bureau.

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

    The public security bureau may, at a time it deems necessary, notify an
alien to present his/her residence permit for aliens to the entry-exit control
department for examination; and the alien shall do this accordingly at the
time specified in the notice.

    Article 25  Aliens who reside or stay in China and are 16 years of age or
older must carry their residence permits or passports on them for examination
by the police of foreign affairs when the occasion requires.

    Article 26  As regards a foreign baby born in China, the baby's parents or
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/her family
members or 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 permit or visa
of the deceased.

    With respect to cases of aliens'accidental death, the persons concerned
or the discoverers must 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 Labour and Personnel of the People's Republic of China.
Chapter IV  Registration for Lodging

    Article 29  Aliens who stay at such enterprises or institutions as guest
houses, hotels, inns, hostels, and schools, or at government departments,
public organizations and other Chinese institutions shall produce their valid
passports or residence permits, and fill in the temporary lodging form. If
they accommodate in an area not open to aliens, they shall also produce their
travel certificates.

    Article 30  In the event that an alien accommodates at the house of a
Chinese resident, if the house is located in a city or a town, the host or the
alien himself shall, within 24 hours of the lodger's arrival submit a report
to the local public security organ together with the lodger's passport and
other certificates and the host's residence booklet, and fill in the temporary
lodging registration form; if the host's house is located in the countryside,
the report shall be submitted to the local police station or to the household
registration office within 72 hours.

    Article 31  In the event that an alien accommodates at a resident foreign
institution in China or at the house of another alien living in China, the
host institution, the host or the lodger himself shall, within 24 hours of the
lodger's arrival submit a report to the local public security organ together
with the lodger's passport or residence permit, and fill in the temporary
lodging registration form.

    Article 32  Aliens with permanent residence in China shall submit a report
and go through the registraton procedures in accordance with the stipulations
in Article 29, Article 30 and Article 31 of these Rules if they wish to leave
their lodgings and accommodate temporarily in other places.

    Article 33  Aliens who accommodate in mobile lodgings shall submit a
report to the local public security organ within 24 hours. Institutions or
individuals that provide space for the mobile lodgings or aliens 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 and counties that are not
open to aliens shall apply in advance to the bureau of public security of the
municipality or county where they reside 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 passports or residence permits;

    (2) to submit certificates relating to the travel;

    (3) to fill in the travel application form.

    Article 35  The longest term of validity of the travel permit for an alien
shall be one year, provided that it shall not exceed the term of validity of
his/her visa or residence permit.

    Article 36  In the event that aliens who have already obtained their
travel permits wish to extend the term of validity of their travel permits, to
visit additional places that are not open to aliens, and to increase the
number of persons accompanying them, they must apply to the public security
organ for the extension or change.

    Article 37  Without permission, no aliens shall be permitted to enter
places not open to aliens.
Chapter VI  Exit from the Country

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

    Article 39  Holders of residence permits for aliens shall, before leaving
the country, apply to the local public security organ in accordance with the
pertinent stipulations in Article 5 and Article 6 of these Rules, for
obtaining the reentry visas if they wish,within the term of validity of their residence permits, to leave and then return to China.

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

    Article 40  An alien who has entered China's territory illegally may be
punished with a fine of 500 yuan to 2,000 yuan, or held in detention for 3 to
10 days, or may concurrently be ordered to leave the country within a
specified period of time, or deported from the country; if the case is so
serious as to constitute a crime, criminal responsibility shall be
investigated according to law.

    Article 41  Persons in charge of the means of transport, or their agents
who, in violation of the stipulations in Article 11 of these Rules, refuse to
bear responsibilities may be punished with a fine of 500 yuan to 2,000 yuan or
be held in detention for 3 to 10 days.

    Article 42  Aliens who, in violation of the stipulations in Articles 16,
19, 20, 21, 22 and 23 of these Rules, stay in China illegally, or who violate
the stipulations concerning residential administration, may be given a
warning, or punished with a fine of 100 yuan to 500 yuan, or be held in
detention for 1 to 3 days; if the case is serious, the offender shall be
ordered concurrently to leave the country within a specified period of time.

    Article 43  An alien who, in violation of the stipulations in Article 24
and Article 25 of these Rules, fails to present the residence permit, as
required, for examination, or fails to carry the passport or residence permit
on him/her, or refuses to produce his/her certificate for examination, may be
given a warning, or punished with a fine of 20 yuan to 50 yuan; if the case is
serious, the offender may concurrently be ordered to leave the country within
a specified period of time.

    Article 44  Aliens who have obtained a post without the approval of the
Ministry of Labour and Personnel of the People's Republic of China, upon
termination of their post or employment, may be punished with a fine of 200
yuan to 1,000 yuan; if the case is serious, the offender shall concurrently be
ordered to leave the country within a specified period of time.

    Article 45  Anyone who is held responsible for, in violation of the
stipulations in Chapter IV of these Rules, the failure to go through the
registration procedures 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 valid certificates, may be given a
warning, or punished with a fine of 10 yuan to 50 yuan.

    Article 46  Aliens who, in violation of the stipulations in Articles 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 30 yuan to 100
yuan; if the case is serious, the offender shall concurrently be ordered to
leave the country within a specified period of time.

    Article 47  Aliens who have forged, or altered, or used other than their
own, or transferred to others the possession of, visas and certificates may,
in addition to the revocation or confiscation of the original visas and
certificates, be punished with a fine of 500 yuan to 2,000 yuan, or held in
detention for 3 to 10 days; and may also concurrently be ordered to leave the
country within a specified period of time. If the case is so serious as to
constitute a crime, criminal responsibility shall be investigated according to
law.

    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  The penalties of imposing fines and making detentions, as
provided in this Chapter, shall also be applicable to the persons who are held
responsible for helping aliens to enter or leave the country illegally, for
causing aliens to reside or stay in China illegally, for employing aliens who
seek a post without permission, or for facilitating aliens without valid
travel certificates in their entry into areas not open to aliens.

    Article 50  Persons who are punished do not accept the penalty of a fine
or detention imposed by the public security organ may, within 15 days of
receiving the notice, appeal, through the original organ that made the
decision on punishment or directly to a public security organ at a higher
level, which shall, within 3 days of receiving the appeal, make a final
decision. Persons who are punished may bring a suit directly to the local
people's court.

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

    Article 52  Aliens who wish to apply for an extension of or a change in
various types of visa and certificate shall go through the following
procedures:

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

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

    (3) to provide certifying documents relating to extension or change.

    Article 53  Aliens who apply for various types of visas and certificates,
or for an extension of or a change in their visas and certificates, must pay
fees for visas and certificates according to relevant regulations.

    The schedule of fees for various types of visas and certificates shall be
drawn up by the Ministry of Public Security and the Ministry of Foreign
Affairs.

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

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

    Article 55  In the event that the visas and certificates issued by the
Chinese government and held by aliens are lost or damaged, the holders shall
immediately report to the entry-exit control department of the local public
security bureau and apply for a reissue. Aliens who have lost the residence
permits for aliens shall publish an announcement in a local newspaper to
declare the lost permits invalid.

    Article 56  The format of the various types of visas, certificates and
application forms, as 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.