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| Exit and Entry Administration Law of the People's Republic of China | |
|---|---|
| Name | Exit and Entry Administration Law of the People's Republic of China |
| Enacted | 2012 |
| Territory | People's Republic of China |
| Status | in force |
Exit and Entry Administration Law of the People's Republic of China is the primary statute governing passports, visas, residence permits, and border control within the People's Republic of China. Promulgated amid debates over immigration, national security, and international relations, it superseded earlier regulations to unify procedures for citizens of the PRC and foreign nationals. The law interacts with instruments such as the Immigration law of China (drafts), the Law of the People's Republic of China on Nationality, and bilateral arrangements with states like United States, United Kingdom, Australia, and Canada.
The law originated from administrative rules dating to the late 20th century, including the Regulations on the Administration of Exit and Entry of Foreigners and passport rules influenced by events such as the 1997 Hong Kong handover and the WTO accession. Drafting involved bodies like the National People's Congress and the State Council, and debates referenced cases such as disputes with Japan over consular practice and tensions involving North Korea refugees. The text reflects international standards exemplified by instruments like the 1951 Refugee Convention and practices in jurisdictions such as France, Germany, and Singapore while balancing obligations under treaties like the Sino-foreign consular agreements.
The statute defines terms central to implementation: "exit" and "entry" as acts regulated at ports administered by the Ministry of Public Security (China), "passport" and "travel document" as issued by authorities consistent with the Law of the People's Republic of China on Nationality, and categories of persons including Chinese citizen, foreigner, and Sea-faring personnel. It distinguishes resident permits analogous to systems in Japan and South Korea, and clarifies visa types comparable to Schengen visa categories. The law addresses special administrative regions including Hong Kong, Macau, and arrangements for cross-border regimes like those at the Huangpu River and the Shenzhen Bay Port.
Key provisions regulate issuance, renewal, and cancellation of passports and travel documents, visa classification (short-term, long-term, work, family reunion), and visa exemption negotiated with countries such as Thailand, Singapore, and Russia. Provisions set administrative criteria mirroring immigration controls in United States immigration law for admissibility and inadmissibility, and include measures for humanitarian protection recalling standards in the 1951 Refugee Convention. The law prescribes penalties for illegal entry and exit, deportation procedures, and coordination with agencies like the Ministry of Foreign Affairs (China) and the Public Security Bureau (PSB), while referencing international mechanisms similar to Interpol cooperation.
Administration is assigned to national bodies including the Ministry of Public Security (China) and local Public Security Bureau (PSB) branches, with implementation at ports of entry such as Beijing Capital International Airport, Shanghai Pudong International Airport, and land crossings like the Guanche Port and the Tumen River border crossings. Enforcement actions draw on practices from customs regimes like the General Administration of Customs of the People's Republic of China and coordination with transit authorities in cities like Guangzhou and Chengdu. Judicial review involves courts including the Supreme People's Court for administrative litigation against PSB decisions, and administrative reconsideration under procedures resembling those in Administrative Procedure Law of the People's Republic of China.
The law delineates rights for applicants and holders of documents—procedural safeguards, timelines for decision-making, and appeal routes via administrative reconsideration and litigation at people's courts such as the Beijing No.1 Intermediate People's Court. Obligations include truthful disclosure, compliance with exit controls, and cooperation with officials during inspections at ports like Shenzhen Bay Port and Huanggang Port. Remedies reflect remedies in Chinese administrative law, permitting claims against wrongful detention, refusal of entry, or passport revocation, with potential remedies influenced by jurisprudence involving entities like the National People’s Congress Standing Committee and precedent from cases connected to Consular protection disputes.
Since enactment, the law has been amended and implemented through rules issued by the State Council and the Ministry of Public Security (China), adapting to crises such as public health emergencies involving interactions with World Health Organization guidance and bilateral travel arrangements with states like Italy and Spain. Notable administrative decisions and litigation have arisen from matters involving high-profile persons traveling between the United States, United Kingdom, and Hong Kong, disputes over passport issuance comparable to controversies seen in Taiwan cross-strait movement, and enforcement incidents at ports like Shanghai Pudong International Airport. Implementation continues to evolve with comparative reference to migration frameworks in Canada, Australia, and the European Union.
Category:Law of the People's Republic of China