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        當前位置:主頁 > 外籍教師 > 外教政策 > 詳細
        《中華人民共和國出境入境管理法》(英文版)下
        發布時間:2019-03-10  閱讀次數:
        Exit and Entry Administration Law  of the Peoples Republic of China
         
        Article 54 Persons who need to embark on or disembark from foreign ships for reasons such as goods loading or unloading, maintenance operations or visit shall apply to exit/entry border inspection authorities for boarding pass.
          Where a Chinese ship needs to berth alongside a foreign ship, or a foreign ship needs to berth alongside another foreign ship, the captain or the agency handling the exit/entry business for relevant transport vehicles shall apply to the exit/entry border inspection authority for going through formalities for berth.
          Article 55 Foreign ships and aircrafts shall navigate according to prescribed routes.
          Ships and aircrafts that exit or enter China shall not access areas outside the ports open to foreign countries. The aforesaid ships or aircrafts that access such areas due to unforeseeable emergencies or force majeure shall immediately report to the nearest exit/entry border inspection authority or local public security organ, and accept supervision and administration.
          Article 56 Under any of the following circumstances, transport vehicles shall be not allowed to exit or enter China; those that have left ports may be ordered to return:
          (1) Exit or enter China without examination and approval when leaving or arriving at port;
          (2) Change the port of exit or entry without approval;
          (3) Are suspected of carrying persons who are not allowed to exit or enter China and therefore need to be inspected and verified;
          (4) Are suspected of carrying articles endangering national security or interests or disrupting social or public order and therefore need to be inspected and verified; or
          (5) Other circumstances in which transport vehicles refuse to subject themselves to exit/entry border inspection authorities administration.
          After the circumstances specified in the preceding paragraph disappear, exit/entry border inspection authorities shall immediately release relevant transport vehicles.
          Article 57 Agencies handling the exit/entry business for transport vehicles shall file records with exit/entry border inspection authorities. For agents engaging in such a business, the entities they work for shall file relevant records for them with exit/entry border inspection authorities.
          Chapter VI
          Investigation and Repatriation
          Article 58 Measures for on-the-spot interrogation, continued interrogation, detention for investigation, movement restriction and repatriation prescribed in this Chapter shall be enforced by public security organs under local peoples governments at or above the county level or by exit/entry border inspection authorities.
          Article 59 Persons suspected of violating the regulations on exit/entry administration may be interrogated on the spot; upon on-the-spot interrogation, the aforesaid persons may be interrogated in continuation in accordance with the law under any of the following circumstances:
          (1) Are suspected of illegally exiting or entering China;
          (2) Are suspected of assisting others in illegally exiting or entering China;
          (3) Are foreigners suspected of illegally residing or working in China; or
          (4) Are suspected of endangering national security or interests, disrupting social or public order, or engaging in other illegal or criminal activities.
          On-the-spot interrogation and continued interrogation shall be conducted in accordance with the procedures prescribed in the Peoples Police Law of the Peoples Republic of China.
          Where public security organs under local peoples governments at or above the county level or exit/entry border inspection authorities need to summon the persons suspected of violating the regulations on exit/entry administration, they shall handle the matter in accordance with the relevant regulations of the Law of the Peoples Republic of China on Penalties for Administration of Public Security.
          Article 60 Where foreigners involved in any of the circumstances specified in the first paragraph of Article 59 of this Law cannot be cleared of suspicion after on-the-spot interrogation or continued interrogation and therefore need to be further investigated, he may be detained for investigation.
          When detaining a foreigner for investigation, the authority concerned shall present a written decision on detention for investigation and shall interrogate the detained foreigner within 24 hours. Where the aforesaid organ finds that a foreigner should not be detained for investigation, it shall immediately release him from detention for investigation.
          The period of detention for investigation shall not exceed 30 days; for complicated cases, the period may be extended to 60 days upon approval by the public security organs under the local peoples governments at the next higher level or by the exit/entry border inspection authorities at the next higher level. For foreigners whose nationalities and identities are unknown, the period of detention for investigation shall be calculated from the date when their nationalities and identities are found out.
          Article 61 Under any of the following circumstances, detention for investigation is not applicable to foreigners, however, their movements may be restricted:
          (1) Suffer from serious diseases;
          (2) Are pregnant or breast-feeding their own infants under one year of age;
          (3) Are under 16 years of age or have reached the age of 70; or
          (4) Other circumstances in which detention for investigation should not be applied.
          Foreigners whose movements are restricted shall subject themselves to investigation as required, and shall not leave the restricted zones without approval of public security organs. The period of movement restriction shall not exceed 60 days. For foreigners whose nationalities and identities are unknown, the period of movement restriction shall be calculated from the date when their nationalities and identities are found out.
          Article 62 Under any of the following circumstances, foreigners may be repatriated:
          (1) Are ordered to exit China within a prescribed time limit but fail to do so;
          (2) Are involved in circumstances in which they are not allowed to enter China;
          (3) Illegally reside or work in China; or
          (4) Need to be repatriated for violation of this Law or other laws or administrative regulations.
          Other overseas personnel who fall under any of the circumstances prescribed in the preceding paragraph may be r, epatriated in accordance with the law.
          Repatriated persons shall not be allowed to enter China for one to five years, calculating from the date of repatriation.
          Article 63 Persons who are detained for investigation or who are to be repatriated upon decision but cannot be repatriated promptly shall be held in custody in detention houses or places of repatriation.
          Article 64 Foreigners dissatisfied with the measure imposed on them in accordance with this Law, such as continued interrogation, detention for investigation, movement restriction or repatriation, may apply for administrative reconsideration in accordance with the law, and the administrative reconsideration decision shall be final.
          Where other overseas personnel dissatisfied with the decision of repatriation imposed on them in accordance with this Law apply for administrative reconsideration, the provisions in the preceding paragraph are applicable.
          Article 65 Where persons are not allowed to exit or enter China upon decisions made in accordance with the law, the decision-making authorities shall duly inform the exit/entry border inspection authorities of such decisions in accordance with relevant regulations; where the circumstances in which the persons are not allowed to exit or enter China disappear, the decision-making authorities shall duly cancel the aforesaid decisions and inform exit/entry border inspection authorities of the cancellation.
          Article 66 On the basis of the need for safeguarding national security and maintaining the order of exit/entry administration, exit/entry border inspection authorities may, when necessary, search the persons entering and exiting the country. Personal Search shall be conducted by two border inspectors who are the same sex as the persons subject to the search.
          Article 67 In such cases that the exit/entry documents such as visas or foreigners stay or residence permits are damaged, lost or stolen, or that after the issuance of such documents, the holders are found not eligible for being issued such documents, the issuing authorities shall declare the aforesaid documents void.
          Exit/entry documents which are forged, altered, obtained by fraudulent means or are declared void by issuing authorities shall be invalid.
          Public security organs may cancel or confiscate the exit/entry documents prescribed in the preceding paragraph or used fraudulently by persons other than the specified holders.
          Article 68 Public security organs may seize the transport vehicles used to organize, transport or assist others in illegally exiting or entering China as well as the articles needed as evidence in handling the cases.
          Public security organs shall seize banned articles, documents and data involving state secrets, as well as tools used in activities violating the regulations on exit/entry administration, and handle them in accordance with relevant laws or administrative regulations.
          Article 69 The authenticity of exit/entry documents shall be determined by the issuing authorities, the exit/entry border inspection authorities or the exit/entry administrations of public security organs.
          Chapter VII
          Legal Liabilities
          Article 70 Unless otherwise provided for in this Chapter, the administrative penalties prescribed in this Chapter shall be decided by the public security organs under local peoples governments at or above the county level or the exit/entry border inspection authorities. Penalties involving the imposition of warnings or fines of not more than RMB 5,000 yuan may be decided by the exit/entry administrations of public security organs under local peoples governments at or above the county level.
          Article 71 Persons who commit any of the following acts shall be fined not less than RMB 1,000 yuan but not more than RMB 5,000 yuan; where circumstances are serious, such persons shall be detained for not less than five days but not more ten days and may also be fined not less than RMB 2,000 yuan but not more than RMB 10,000 yuan.
          (1) Exit or enter China with forged, altered or fraudulently obtained exit/entry documents;
          (2) Exit or enter China using others exit/entry documents;
          (3) Evadeexit/entry border inspection; or
          (4) Illegally exit or enter China in any other way.
          Article 72 Persons who assist others in illegally exiting or entering China shall be fined not less than RMB 2,000 yuan but not more than RMB 10,000 yuan; where circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan, and the illegal gains, if any, shall be confiscated.
          Entities engaging in any of the acts prescribed in the preceding paragraph shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated if there are any; and the persons in charge of the entities who are directly responsible and other persons directly responsible shall be punished in accordance with the provisions in the preceding paragraph.
          Article 73 Persons who obtain exit/entry documents such as visas or stay or residence permits by resorting to fraudulent acts shall be fined not less than RMB 2,000 yuan but not more than RMB 5,000 yuan; where circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan.
          Entities engaging in any of the acts prescribed in the preceding paragraph shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan; and the persons in charge of the entities who are directly responsible and other persons directly responsible shall be punished in accordance with the provisions in the preceding paragraph.
          Article 74 Persons who issue written invitations or other application materials to foreigners in violation of this Law shall be fined not less than RMB 5,000 yuan but not more than RMB 10,000 yuan, with the illegal gains confiscated if there are any, and shall also be ordered to bear exit expenses of the invited foreigners.
          Entities engaging in any of the acts prescribed in the preceding paragraph shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated if there are any, and shall also be ordered to bear exit expenses of the invited foreigners; the persons in charge of the entities who are directly responsible and other persons directly responsible shall be punished in accordance with the provisions in the preceding paragraph.
          Article 75 Where Chinese citizens are repatriated due to illegally going to other countries or regions after exiting China, exit/entry border inspection authorities shall confiscate their exit/entry documents. Exit/entry document issuing authorities shall refuse to issue new exit/entry documents to such citizens for a period ranging from six months to three years calculating from the date of their repatriation.
          Article 76 Under any of the following circumstances, a warning shall be given, and a fine of not more than RMB 2,000 yuan may also be imposed:
          (1) Foreigners refuse to accept examination of their exit/entry documents by public security organs;
          (2) Foreigners refuse to submit their residence permits for examination;
          (3) Persons concerned fail to go through the formalities for foreigners birth registration or death declaration in accordance with relevant regulations;
          (4) Foreigners fail to go through the formalities for altering registration in accordance with the relevant regulations when there is any change in the registered items in their residence permits;
          (5) Foreigners in China use others exit/entry documents; or
          (6) Persons concerned fail to go through registration formalities in accordance with the provisions in the second paragraph of Article 39 of this Law.
          Hotels that fail to process accommodation registration for foreigners shall be punished in accordance with the relevant provisions of the Law of the Peoples Republic of China on Penalties for Administration of Public Security; hotels that fail to submit foreigners accommodation registration information to public security organs shall be given a warning; where circumstances are serious, such hotels shall be fined not less than RMB 1,000 yuan but not more than RMB 5,000 yuan.
          Article 77 Foreigners accessing foreigner-restricted areas without approval shall be ordered to leave promptly; where circumstances are serious, such foreigners shall be detained for not less than five days but not more than ten days. The text records, audio-visual data, electronic data and other articles illegally obtained thereof by the foreigners shall be confiscated or destroyed, and the tools used for the aforementioned purposes shall be confiscated.
          Foreigners or foreign institutions refusing to execute decisions made by public security organs or national security organs ordering them to relocate within a prescribed time limit shall be given a warning and be relocated mandatorily; where circumstances are serious, relevant responsible persons shall be detained for not less than five days but not more than fifteen days.
          Article 78 Foreigners who reside in China illegally shall be given a warning; where circumstances are serious, they shall be imposed with a fine of RMB 500 yuan per day, with a cap of RMB 10,000 yuan in total, or be detained for not less than five days but not more than 15 days.
          Where guardians or other persons responsible for guardianship fail to perform the guardian obligation and result in foreigners below 16 years of age residing in China illegally, the said guardians or other obligated persons shall be given a warning and may also be fined not more than RMB 1,000 yuan.
          Article 79 Persons harboring or hiding foreigners who illegally enter or reside in China, or assisting such foreigners in evading inspection, or providing, in violation of the law, exit/entry documents for foreigners who illegally reside in China shall be fined not less than RMB 2,000 yuan but not more than RMB 10,000 yuan; where circumstances are serious, such persons shall be detained for not less than five days but not more than fifteen days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan, with the illegal gains confiscated if there are any.
          Entities engaging in any of the acts prescribed in the preceding paragraph shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated if there are any; and the persons in charge of the entities who are directly responsible and other persons directly responsible shall be punished in accordance with the provisions in the preceding paragraph.
          Article 80 Foreigners who work in China illegally shall be fined not less than RMB 5,000 but not more than RMB 20,000 yuan; where circumstances are serious, they shall be detained for not less than five days but not more than fifteen days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan.
          Persons who introduce jobs to ineligible foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to one foreigner, with a cap of not more than RMB 50,000 yuan in total; and entities that introduce jobs to ineligible foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to one foreigner, with a cap of RMB 100,000 yuan in total; and the illegal gains, if any, shall be confiscated.
          Individuals or entities that illegally employ foreigners shall be fined RMB 10,000 yuan for each illegally employed foreigner, with a cap of RMB 100,000 yuan in total; and the illegal gains, if any, shall be confiscated.
          Article 81 Where foreigners engage in activities not corresponding to the purposes of stay or residence, or otherwise violate the laws or regulations of China, which makes them no longer eligible to stay or reside in China, they may be ordered to exit China within a time limit.
          Where a foreigners violation of this Law is serious but does not constitute a crime, the Ministry of Public Security may deport them. The penalty decision made by the Ministry of Public Security shall be final.
          Deported foreigners shall not be allowed to enter China within 10 years calculating from the date of deportation.
          Article 82 Under any of the following circumstances, relevant persons shall be given a warning and may also be fined not more than RMB 2,000 yuan:
          (1) Disrupt the administrative order of the restricted zones of ports;
          (2) Foreign seamen or their accompanying family members disembark without going through the formalities for temporary entry; or
          (3) Embark on or disembark from foreign ships without obtaining boarding passes.
          Persons who violate Subparagraph (1) of the preceding paragraph may be detained for not less than five days but not more than ten days if the circumstances are serious.
          Article 83 Where transport vehicles fall under any of the following circumstances, the persons in charge of the transport vehicles shall be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan:
          (1) Exit or enter China without examination and approval, or change the ports of exit or entry without approval;
          (2) Fail to truthfully declare information of staff, passengers, goods or articles, or refuse to assist in exit/entry border inspection; or
          (3) Embark or disembark passengers, or load or unload goods or articles in violation of the regulations on exit/entry border inspection.
          Transport vehicles that exit or enter China carrying persons who are not allowed to exit or enter China shall be fined not less than RMB 5,000 yuan but not more than RMB 10,000 yuan for each aforesaid person carried. Where the persons in charge of the transport vehicles prove that they have taken reasonable preventative measures, they may be given mitigated penalties or be exempt from penalties.
          Article 84 Where transport vehicles fall under any of the following circumstances, the persons in charge of the transport vehicles shall be fined not less than RMB 2,000 yuan but not more than RMB 20,000 yuan:
          (1) Chinese or foreign ships berth alongside foreign ships without approval;
          (2) Foreign ships or aircrafts fail to navigate according to the prescribed routes in China; or
          (3) Ships and aircrafts that exit or enter China access areas outside the ports open to foreign countries.
          Article 85 Where staff members performing the duty of exit/entry administration commit any of the following acts, they shall be given disciplinary sanctions in accordance with the law:
          (1) In violation of laws or administrative regulations, issue exit/entry documents such as visas or stay or residence permits to foreigners who do not meet the prescribed conditions;
          (2) In violation of laws or administrative regulations, examine and allow the exit or entry of persons or transport vehicles that do not meet the prescribed conditions;
          (3) Divulge personal information gained in exit/entry administration work and infringing the legitimate rights and interests of relevant parties;
          (4) Fail to turn over in accordance with relevant regulations to the State Treasury the fees, fines or illegal gains or property that are collected or confiscated in accordance with the law;
          (5) Privately share, encroach on or misappropriate the funds or articles confiscated or seized or the fees collected; or
          (6) Other failures in performing statutory duties in accordance with the law, such as abuse of power, dereliction of duty, or resorting to malpractice for personal gain.
          Article 86 In the case of violation of regulations on exit/entry administration and that a fine of not more than RMB 500 yuan should be imposed, the exit/entry border inspection authorities may make a penalty decision on the spot.
          Article 87 Persons or entities that are fined for violation of regulations on exit/entry administration shall pay their fines in the designated banks within 15 days from the date of receiving the written decision on penalty. Where it is difficult to collect fines after a fine is imposed because the person or entity subject to penalty has no fixed domicile in the place where the fine is imposed or it is difficult to pay fine to the designated bank at the port, the fine may be collected on the spot.
          Article 88 Where a violation of this Law constitutes a crime, criminal liabilities shall be investigated in accordance with the law.
          Chapter VIII
          Supplementary Provisions
          Article 89 Definitions of the following terms mentioned in this Law:
          Exit refers to leaving the Chinese mainland for other countries or
          regions, for the Hong Kong Special Administrative Region or the Macao
          Special Administrative Region, or for Taiwan Region.
          Entry refers to entering the Chinese mainland from other countries or regions, from the Hong Kong Special Administrative Region or the Macao Special Administrative Region, or from Taiwan Region.
          Foreigners refer to persons without Chinese nationality.
          Article 90 Upon approval by the State Council, provinces and autonomous regions bordering on neighboring countries may, in accordance with the boundary administration agreements signed by China with relevant countries, formulate local regulations or local government rules to regulate the association of residents in border areas of the two countries.
          Article 91 Where there are other regulations on the administration of the entry/exit, stay or residence of the members of foreign diplomatic and consular missions in China, or the entry/exit, stay or residence of other foreigners who enjoy diplomatic privileges and immunities, these regulations shall prevail.
          Article 92 Foreigners who apply for exit/entry documents such as visas or foreigner stay or residence permits or apply for document extension or alteration shall pay visa fees or document fees in accordance with relevant regulations.
          Article 93 This Law shall come into force as of July 1, 2013. The Law of the Peoples Republic of China on the Entry and Exit Administration of Foreigners and the Law of the Peoples Republic of China on the Entry and Exit Administration of Chinese Citizens shall be annulled simultaneously.
         

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