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Law of the People's Republic of China on Control of the Entry and Exit of Aliens

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Chapter V

Exit from the Country

Article 22 For exit from China, aliens shall present their valid passports or other valid certificates.

Article 23 Aliens belonging to any of the following categories shall not be allowed to leave China:

(1) defendants in criminal cases or criminal suspects confirmed by a public security organ, a people's procuratorate or a people's court;

(2) persons who, as notified by a people's court, shall be denied exit owing to involvement in unresolved civil cases; and

(3) persons who have committed other acts in violation of Chinese law who have not been dealt with and against whom the competent authorities consider it necessary to institute prosecution.

Article 24 Frontier inspection offices shall have the power to stop aliens belonging to any of the following categories from leaving the country and to deal with them according to law:

(1) holders of invalid exit certificates;

(2) holders of exit certificates other than their own; and

(3) holders of forged or altered exit certificates.

Chapter VI

Administrative Organs

Article 25 China's diplomatic missions, consular office s and other resident agencies abroad authorized by the Ministry of Foreign Affairs shall be the Chinese Government's agencies abroad to handle aliens' applications for entry and transit. The Ministry of Public Security, its authorized local public security organs, the Ministry of Foreign Affairs and its authorized local foreign affairs departments shall be the Chinese Government's agencies in China to handle aliens' applications for entry, transit, residence and travel.

Article 26 The authorities handling aliens' applications for entry, transit, residence and travel shall have the power to refuse to issue visas and certificates or to cancel visas and certificates already issued or declare them invalid. The Ministry of Public Security and the ministry of Foreign Affairs may, when necessary, alter decisions made by their respectively authorized agencies.

Article 27 An alien who enters or resides in China illegally may be detained for examination or be subjected to residential surveiance or deportation by a public security organ at or above the county level.

Article 28 While performing their duties, foreign affairs police of the public security organs at or above the county level shall have the power to examine the passports and other certificates of aliens. When conducting such examinations, the foreign affairs police shall produce their own service certificates, and relevant organizations or individuals shall have the duty to offer them assistance.

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