REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON FRONTIER INSPECTION OF EXIT FROM OR ENTRY INTO THE COUNTRY

(Promulgated by Decree No. 182 of the State Council on July 20, 1995)

 

CHAPTER I GENERAL PROVISIONS

CHAPTER II INSPECTION AND ADMINISTRATION ON PERSONNEL

CHAPTER III INSPECTION AND SUPERVISION ON MEANS OF TRANSPORT

CHAPTER IV INSPECTION ON LUGGAGES, ARTICLES AND GOODS

CHAPTER V PUNISHMENT CHAPTER VI SUPPLEMENTARY PROVISIONS

 

 

CHAPTER I GENERAL PROVISIONS

 

Article 1 These Regulations are formulated with a view to safeguarding the sovereignty of the People's Republic of China, maintaining its security and public order and facilitating the passengers and means of transport leaving or entering the national territory.

Article 2 The Ministry of Public Security is in charge of the frontier inspection work for leaving or entering the national territory.

Article 3 The People's Republic of China shall establish the exit and entry frontier inspection station (hereinafter referred to as the frontier inspection station) at ports opening to the outside world, airports, stations and border channels, etc..

Article 4 In order to safeguard the national sovereignty, maintain its security and public order, the frontier inspection station shall exercise the following functions:

1. Carry out the frontier inspection on exit-entry passengers and their luggages, means of transport and the goods carried;

2. Carry out supervision on the exit-entry means of transport in accordance with the provisions set by the State;

3. Take precautionary measures, within the specified areas of ports and safeguard the public order of exit from or entry into the country;

4. Exercise the functions authorized by the competent authorities and tasks specified by other laws, and administrative regulations.

Article 5 For exit-entry, the personnel and means of transport must pass through ports opening to the outside world or places specially permitted by the competent authorities and must be subject to frontier inspection, supervision and administration.

For exit-entry, the personnel must abide by the laws and administrative regulations of the People's Republic of China.

Article 6 The frontier inspectors must exercise their functions according to laws.

 

CHAPTER II INSPECTION AND ADMINISTRATION ON PERSONNEL

 

Article 7 For exit-entry, the personnel must fill in the exit-entry cards, present to the frontier inspection station for examination of the valid passports or other exit-entry relevant certificates (hereinafter referred to as the exit-entry certificates). The personnel in question, subject to examination and approval, may be allowed to leave or enter the country.

Article 8 The frontier inspection station shall have the right to forbid the personnel with any of the following circumstances to leave or enter the country:

1. Those who hold no exit-entry certificates;

2. Holders of invalid exit-entry certificates;

3. Holders of other persons' certificates;

4. Holders of forged, altered exit-entry certificates;

5. Those who refuse to receive the frontier inspection;

6. Those who fail to pass through the channels specified;

7. Those who exit from or enter into the country are not permitted according to the notification by the Ministry of Public Security of the State Council and the Ministry of State Security;

8. Those who are not permitted to leave or enter the country in accordance with the laws and administrative regulations.

If the exit-entry personnel involve one of the following circumstances specified in items 3 and 4 of the preceeding paragraph or the Chinese citizens involve the circumstances specified in items 7 and 8 of the preceeding paragraph, the frontier inspection station may seize or take over their exit-entry certificates.

Article 9 The inspection and administration on exit-entry service persons carried by the means of transport shall apply the provisions of these Regulations. Where agreements have been signed between the People's Republic of China and the relevant countries and regions, these agreements shall be abided by.

Article 10 If the foreign crew members and their family members, the crew members of Hong Kong, Macao and Taiwan and their family members carried by the vessels, upon arrival at the ports of the People's Republic of China ask for landing and overnight stay at ports, the captain or its agent shall make application for registration procedures related to the frontier inspection station.

The crew members and their family members subject to approval for landing, must return to the vessels within the specified time limit. If those violate the laws after landing, but do not constitute a crime, they shall be ordered to return to vessels at once and shall not be permitted to land once again.

The Chinese crew members of the vessels engaged in international voyages shall be permitted for landing and overnight stay against their exit- entry certificates.

Article 11 The frontier inspection station shall have the right to forbid the persons who make application for landing with any of the circumstances specified in Article 8 to land.

Article 12 Those personnel who get on or off board of foreign vessels must produce their exit-entry certificates or other specified certificates. Subject to approval, they can be permitted to get on or off board of the vessels. The personnel of the port inspection and examination units when deem necessary, shall get on board of vessels to perform their duties. When conducting such examination and inspection, they shall wear uniforms and produce their own service certificates.

Article 13 The frontier inspection on temporary exit-entry mutual officials and border residents of the People's Republic of China and the contiguous areas of the neighbouring countries shall be conducted in accordance with the agreements, if the agreements have been signed by the both parties. In the absence of such agreements, the frontier inspection shall be applicable to the provisions of these Regulations.

If the border residents of the neighbouring countries temporary entering the national territory, they shall carry out their activities in the restricted bounds in accordance with the stipulations of the agreement. If they wish to carry out activities beyond the restricted bounds in accordance with the agreements, they should go through the procedures for entering the country in advance.

Article 14 The frontier inspection station, when deem necessary, shall inspect the exit-entry personnel. The inspection on the personnel shall be conducted by two frontier inspectors with the same sex of the personnel under inspection.

Article 15 If the exit-entry personnel belong to the following categories, the frontier inspection shall have the right to restrict the bounds of their activities, make investigation or transfer them to the relevant organs to deal with:

1. Suspects to hold other persons' exit-entry certificates;

2. Suspects to hold forged or altered exit-entry certificates;

3. Suspects by committing a crime notified by the departments of public security, of the State Council, the Ministry of State Security, and the departments of public security, the departments of State security of provinces, autonomous regions and municipalities directly under the Central Government;

4. Suspects to danger the State security, interests and public orders.

 

CHAPTER III INSPECTION AND SUPERVISION ON MEANS OF TRANSPORT

 

Article 16 The exit-entry means of transport when depart from or arrive at ports must be subject to frontier inspection. Inspection on the entry means of transport shall be conducted at the first port where they arrive at, while inspection on exit means of transport shall be conducted at the last port where the means of transport leave. Subject to approval by the competent authority, inspection on means of transport into or out of the territory in some special circumstances may also be conducted in a place specially permitted.

Article 17 The person in charge of means of transport or the relevant communication and transport departments shall make a report on the time for departure from or arrival at ports of the exit-entry means of transport vessels, aircrafts, trains, and the staying place, and the situation of personnel and goods carried to the frontier inspection station.

When the means of transport arrive at the port, the captain, the chief engineers or their agents shall declare the name list of the vessels' working staff members and passengers. The head of train, the persons in charge of other means of transport must declare the numbers of the working staff members and passengers to the frontier inspection station.

Article 18 When the means of transport are under inspection, the persons in charge or their agents must be present to offer their assistance to the frontier inspectors to conduct inspection.

Article 19 The exit-entry means of transport must move along the specified routes or shipping line within the territory of China. No foreign vessels without approval shall be permitted to call at ports not opening to the outside world.

Without approval by the frontier inspection station, no means of transport which have made inspection for departure, but have not left the territory, and the means of transport which have entered the territory, but have not made the inspection, shall be permitted to embark or disembark personnel or to load or unload goods and articles.

Article 20 When the Chinese vessels deem necessary to accompany foreign vessels, the captain or their agents shall go through the procedures for accompaniment. If they fail to go through the procedures, they shall not be permitted to accompany the foreign vessels.

Article 21 The frontier inspection station shall have the right to conduct supervisions on the exit-entry means of transport with any of the following circumstances:

1. Upon departure from or arrival at the ports, the trains, foreign vessels and the Chinese vessels which have been inspected before leaving the territory, but have not left the territory, or those have entered the territory, but have not been inspected before entering the territory or those which are being under inspection;

2. The trains and other motor vehicles which are moving along the routes of the national territory (border) within the areas far away from the frontier inspection station;

3. The foreign vessels are travelling in the Chinese internal river;

4. The frontier inspection station believes the necessity to carry out supervision over other circumstances.

Article 22 For those frontier inspectors carried by the means of transport in performing their supervision duties, the persons in charge of the means of transport shall offer them the necessary working and living facilities.

The means of transport under supervision and the personnel who get on or off the means of transport should be subject to inspection by the personnel engaged in supervision.

Article 23 For those means of transport without supervision, the persons in charge shall carry out administration on their own, so as to guarantee the means of transport and the working staff members to observe the provisions of these Regulations.

Article 24 When discovering the exit-entry personnel carried by the means of transport without permission, the persons who illegally cross the national border and the personnel who hold unvalid exit-entry certificates, the persons in charge shall be responsible for repatriating them and bearing all fees or charges arising from therein.

Article 25 The frontier inspection station shall have the right to postpone or prevent them from leaving or entering the territory, if the exit-entry means of transport with any one of the following circumstances:

1. Upon departure from or arrival at ports, intentionally leaving or entering the national territory without approval by the frontier inspection station;

2. Refuse to accept the inspection and supervision by the frontier inspection station;

3. To be deemed to carry personnel or goods which may danger the state security, interests or public order;

4. To be deemed to carry illegal exit-entry personnel;

5. Refuse to execute the punishment or the decision for handling given by the frontier inspection station according to law;

6. Intentionally change the port for leaving or entering the national territory without approval.

The frontier inspection station shall release the relevant means of transport immediately as soon as the circumstances mentioned in the preceeding paragraph abolished.

Article 26 When the exit-entry vessels, aircrafts are forced by unforeseeable emergency reasons or force majure to enter the areas which are not open to the outside world, they must submit a report on the circumstances to the near frontier inspection station or to the local organ of public security and be subject to their inspection and supervision. When the cause enforced their entering no longer exists, these vessels or aircrafts must leave along the notified time and routes at once.

 

CHAPTER IV INSPECTION ON LUGGAGES, ARTICLES AND GOODS

 

Article 27 The frontier inspection station may put focus on inspection over the luggages and articles carried by the exit-entry personnel and the goods carried by the means of transport in order to meet the requirements for maintaining the State security and public order.

Article 28 No exit-entry personnel and the means of transport shall be allowed to carry the forbidden articles which may cause dangerous to the State security and public order in accordance with the provisions specified in laws and administrative regulations. For those who bring with or carry the forbidden articles, the frontier inspection station shall seize these articles and deal with the personnel carried and the persons in charge of the means of transport which carried the forbidden articles in accordance with the relative laws and administrative regulations.

Article 29 No one shall be allowed to carry state's secret documents, materials and other articles out of the national territory illegally. For those who illegally carry the State's secret documents, materials and other articles, the frontier inspection station shall seize these documents, materials and articles in question and deal with the personnel carried in accordance with the relative laws and administrative regulations.

Article 30 Any personnel who carry or consign guns or ammunitions leaving or entering the national territory must abide by provisions specified in the relative laws and administrative regulations, and go through the procedures for carrying or consignment with the frontier inspection station. Without permission, no one can be allowed to carry or consign the guns or ammunitions leaving or entering the national territory.

Article 31 The punishment of violation of these Regulations shall be given by the frontier inspection station.

Article 32 The exit-entry personnel with any one of the following circumstances shall be imposed a fine of RMB 500 yuan up to RMB 2000 yuan or detained in accordance with the provisions specified in the relative laws and administrative regulations.

1. Those who hold no exit-entry certificates;

2. Holders of unvalid exit-entry certificates;

3. Holders of other persons' exit-entry certificates;

4. Holders of forged or altered exit-entry certificates.

Article 33 For those who help other persons illegally cross the national territory; but have not constituted a crime, if the circumstances are minor, they shall be imposed a fine of RMB 2000 yuan up to RMB 10,000 yuan. If they have had illegal gains, the illegal gains shall be confiscated.

Article 34 For those who carry or consign the guns or ammunitions leaving or entering the national territory without permission, the guns or ammunitions carried shall be confiscated and a fine of RMB 1,000 yuan up to RMB 5,000 yuan shall be imposed accordingly.

Article 35 Those with any one of the following circumstances shall be imposed a penalty of warning or a fine of RMB 500 yuan:

1. Those who, without permission, enter the specified areas of port or after entering, do not be subject to administration and disrupt the management order of port;

2. Those who humiliate the frontier inspectors;

3. Those who land or stay overnight without approval or failure to meet the requirements.

Article 36 For those personnel who are not allowed to leave or enter the national territory carried by the exit-entry means of transport, the persons illegally cross the national territory or the personnel holding unvalid exit-entry certificates, the responsible persons shall be imposed a fine of RMB 5,000 yuan up to RMB 10,000 yuan according to each person carried.

Article 37 For those means of transport with any one of the following circumstances, their responsible persons shall be imposed a fine of RMB 10,000 yuan to RMB 30,000 yuan:

1. Upon departure from or arrival at ports, without approval of the frontier inspection station, intentionally leave or enter the national territory;

2. Fail to submit a report on the facts of the working staff members, passengers and goods to the frontier inspection station or refuse to render assistance to make investigation to this respect;

3. The means of transport which have entered the national territory, but have not been inspected, and those which have been inspected, but have not left the national territory without permission of the frontier inspection station pick up and drop passengers or load and unload goods.

Article 38 For those means of transport with any one of the following circumstances, the responsible persons shall be imposed warning and a fine of RMB 500 yuan up to RMB 5,000 yuan;

1. The exit-entry means of transport fail to move along the designated routes in the territory of China;

2. The foreign vessels call at the non-open ports without permission;

3. The Chinese vessels intentionaly accompany with the foreign vessels without approval.

Article 39 When the exit-entry vessels, aircrafts are forced by unforeseeable emergency reasons or force majeure to enter the areas not open to the outside world, they fail to submit a report on the circumstances to the near frontier inspection station or to the local organ of public security without proper reasons, or when the cause enforced their entering no longer exists, these vessels or aircrafts fail to leave along the notified time and routes, the responsible persons shall be imposed a fine of RMB 10,000 yuan.

Article 40 The frontier inspection station while imposing a penalty of a fine, shall issue a receipt to the persons under punishment. The fine imposed or confiscated shall be turned over the national treasury.

Article 41 If those exit-entry personnel who violate these Regulations constitute a crime, they shall be prosecuted according to the Criminal Law.

Article 42 In case, a person punished does not agree with the penalty imposed by the frontier inspection station, it may within 15 days after it receives the notice of penalty, apply to the local organ of public security at the county level where in the place frontier inspection station located for reconsideration. In case the person punished still does not agree with the decision of reconsideration, it may bring a suit before the People's court within 15 days after the date it receives the notice of reconsideration decision.

The relevant organ of public security shall make the reconsideration decision within 15 days after the date it receives the application for reconsideration.

 

CHAPTER VI SUPPLEMENTARY PROVISIONS

 

Article 43 Where there are other provisions stipulated by law, the frontier inspection on foreigners who enjoy diplomatic privileges and immunities shall be conducted in accordance with the other provisions.

Article 44 Where there are other provisions stipulated by foreign countries concerning inspection over the citizens of the People's Republic of China and the means of transport entering, transiting or leaving the national territory, the frontier inspection station may take proper measures according to the decision made by the competent authorities.

Article 45 The frontier inspection on the citizens of the People's Republic of China and the means of transport from or to Hong Kong, Macao and Taiwan Province shall be applicable to the provisions stipulated in these Regulations. Where there are other provisions stipulated by laws and administrative regulations, the frontier inspection aforesaid shall be conducted in accordance with the other provisions stipulated by laws and administrative regulations.

Article 46 Terms used in these Regulations are defined as follows:

The term "exit-entry personnel" means the personnel with nationality of China or with foreign nationality or with stateless nationality who have left or entered or passed through the territory of the People's Republic of China.

The term "exit-entry means of transport" means vessels, aircraft, trains, motor vehicles, non-motor vehicles and animals which leave or enter the territory of China.

The term "working staff members" means the persons in charge of exit- entry vessels, aircrafts, trains and motor vehicles, drivers, servicemen and other working staff.

Article 47 These Regulations shall go into effect as of September 1, 1995. The "Provisional Regulations on inspection of Outward and Inward Security Order" approved and enforced by the Administration Council of the People's Government on July 29, 1952 and the "Regulations on Frontier Inspection" published by the State Council on April 30, 1965

 

Source: http://english.mofcom.gov.cn/article/lawsdata/chineselaw/200211/20021100053509.shtml