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Regulations on Examination and Approval of Permanent Residence of Aliens in China

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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 are entry 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 and20 of these Rules, stay in China illegally may be given a warning, or fined 500yuan for each day they stay for illegally with a maximum of 5000 yuan, or beheld 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 25of 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 there by 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 and37 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 bythe public security organ.