LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE CONTROL OF THE EXIT ——附加英文版
The Standing Committee of the National People's Congress
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE CONTROL OF THE EXIT
AND ENTRY OF CITIZENS
(Adopted at the 13th Meeting of the Standing Committee of the
Sixth National People's Congress, promulgated by Order No. 32 of the
President of the People's Republic of China on November 22, 1985, and
effective as of February 1, 1986)
Contents
Chapter I General Provisions
Chapter II Exit from the Country
Chapter III Entry into the Country
Chapter IV Administrative Organs
Chapter V Penalties
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is formulated with a view to safeguarding the legitimate rights
and interests of Chinese citizens with respect to their exit from and
entry into China's territory and to promoting international exchange.
Article 2
Chinese citizens may leave or enter the country with valid passports or
other valid certificates issued by the competent departments of the State
Council or other departments authorized by them. They shall not be
required to apply for visas.
Article 3
For exit and entry, Chinese citizens shall pass through open ports or
other designated ports and shall be subject to inspection by the frontier
inspection offices.
Article 4
After leaving the country, Chinese citizens may not commit any act harmful
to the security, honour or interests of their country.
Chapter II Exit from the Country
Article 5
Chinese citizens who desire to leave the country for private purposes
shall apply to the public security organs of the city or county in which
their residence is registered. Approval shall be granted except in cases
prescribed in Article 8 of this Law. The public security organs shall
decide, within a specified time, whether to approve or disapprove the
citizens' applications for leaving the country for private purposes, and
shall notify the applicants accordingly.
Article 6
In the case of Chinese citizens leaving the country on official business,
the units sending them abroad shall apply to the Ministry of Foreign
Affairs or the local foreign affairs department authorized by the ministry
for the citizens' exit certificates and acquire the certificates for them.
Article 7
In the case of seamen leaving the country to perform their duties, the
Bureau of Harbour Superintendence or a harbour superintendent authorized
by the bureau shall acquire the exit certificates for them.
Article 8
Approval to exit from the country shall not be granted to persons
belonging to any of the following categories:
(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;
(3) convicted persons serving their sentences;
(4) persons undergoing rehabilitation through labour; and
(5) persons whose exit from the country will, in the opinion of the
competent department of the State Council, be harmful to state security or
cause a major loss to national interests.
Article 9
The frontier inspection offices shall have the power to stop persons
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 III Entry into the Country
Article 10
Chinese citizens residing abroad who desire to return to China for
permanent residence shall complete the relevant procedures at the Chinese
diplomatic missions, consular offices or other agencies located abroad
that are authorized by the Ministry of Foreign Affairs, or at the public
security organs of the relevant provinces, autonomous regions, or
municipalities directly under the Central Government.
Article 11
After their entry into China, Chinese citizens who have come for permanent
residence or employment shall register for prolonged residence in
accordance with the provisions for the administration of residence. Those
who have entered for a temporary stay shall register for temporary
residence in accordance with the same provisions.
Chapter IV Administrative Organs
Article 12
Passports for Chinese citizens going abroad on official business shall be
issued by the Ministry of Foreign Affairs or by the local foreign affairs
departments authorized by the ministry. Seamen's papers shall be issued by
the Bureau of Harbour Superintendence or a harbour superintendent
authorized by the bureau. Passports for Chinese citizens going abroad for
private purposes shall be issued by the Ministry of Public Security or by
local public security organs authorized by the ministry.
Passports and certificates which Chinese citizens apply for abroad shall
be issued by the Chinese diplomatic missions, consular offices or other
agencies located abroad authorized by the Ministry of Foreign Affairs.
Article 13
The Ministry of Public Security, the Ministry of Foreign Affairs, the
Bureau of Harbour Superintendence and other agencies that issue passports
and certificates shall have the power to cancel passports and certificates
issued by them or by their authorized agencies, or to declare such
passports and certificates invalid.
Chapter V Penalties
Article 14
Any person who, in violation of the provisions of this Law, leaves or
enters the country illegally, forges or alters an exit or entry
certificate, uses another person's certificate as his own or transfers his
certificate may be given a warning or placed in detention for not more
than ten days by a public security organ. If the circumstances of the case
are serious enough to constitute a crime, criminal responsibility shall be
investigated in accordance with the Law.
Article 15
If a citizen subject to the penalty of detention by a public security
organ refuses to accept the penalty, he may, within 15 days of receiving
notification, appeal to the public security organ at the next higher
level, which shall make the final decision; he may also directly file suit
in the local people's court.
Article 16
Where a state functionary charged with implementing this Law takes
advantage of his position and power to extort and accept bribes, he shall
be punished according to the Criminal Law of the People's Republic of
China and the Decision of the Standing Committee of the National People's
Congress Regarding the Severe Punishment of Criminals Who Seriously
Undermine the Economy. If he has committed any other act involving
violation of the Law and dereliction of duty which is serious enough to
constitute a crime, his criminal responsibility shall be investigated
according to the relevant provisions of the Criminal Law of the People's
Republic of China.
Chapter VI Supplementary Provisions
Article 17
Control measures governing Chinese citizens' travels to and from the Hong
Kong or the Macao region shall be separately formulated by the relevant
departments of the State Council.
Article 18
Transistory exit from and entry into China by Chinese citizens residing in
areas bordering on a neighbouring country shall be handled according to
any relevant agreements between the two countries or, in the absence of
such agreements, according to the relevant provisions of the Chinese
Government.
The exit and entry of crews of transnational trains, crews of civil
aviation planes operating international flights and the railway
functionaries working in China's border areas shall be handled according
to relevant agreements and provisions.
Article 19
The Ministry of Public Security, the Ministry of Foreign Affairs and the
Ministry of Communications shall, pursuant to this Law, formulate rules
for its implementation, which shall go into effect after being submitted
to and approved by the State Council.
Article 20
This Law shall go into effect as of February 1, 1986.
Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
九江市市区户口管理制度改革暂行办法
江西省九江市人民政府
九江市人民政府办公室文件
九府办发（2000）14号
九江市人民政府办公室转发市公安局关于九江市市区户口管理制度改革暂行办法的通知
浔阳区、庐山区人民政府，九江开发区管委会：
《九江市市区户口管理制度改革暂行办法》已经市政府批准，现转发给你们，请认真
贯彻执行。
二000年四月十九日
九江市市区户口管理制度改革暂行办法
为了促进人口合理、有序流动，满足广大群众的需要，鼓励投资者和科技人才来九江落户，优化我市的经济发展环境，依据《国务院批转公安部关于解决当前户口管理工作中几个突出问题意见的通知》(国发(1998)24号)、《江西省人民政府批转省公安厅关于解决当前户口管理工作中几个突出问题意见的通知》(赣府发(1999)40号)的精神，结合我市实际，特制
定以下暂行办法：
一、放宽婴儿落户政策
凡1998年7月22日(含当日)以后出生的婴儿，凭有关证明，可自愿到婴儿父亲或母亲常住户口所在地派出所办理落户。对以往出生现要求到市区随父落户的未成年人(指1980年7月22日以后出生的)，原则上于2002年12月底以前逐步解决，学龄前儿童优先。
对计划外生育子女或非婚生子女，在其父母接受有关部门依法处罚后，准予其随母或随父办理落户。
二、放宽夫妻投靠落户政策
结婚一年以上并居住在配偶所在市区的，准予其将户口迁入配偶所在市区落户。
三、放宽老年人投靠政策
凡男性超过60周岁、女性超过55周岁，要求到市区投靠子女或配偶的公民，或夫妻双方共同投靠子女的，只要其中一方符合规定年龄，都准予落户。多子女的，可自行选择投靠的子女。
因工作调动等原因在其他地区离、退休的人员，要求返回原工作单位所在地或原籍投靠配偶、子女的，优先解决。
四、鼓励各类人才来市区落户
中级以上专业技术人员、大学本科以上毕业生以及各类管理人才应聘到市区各类企、事业单位(含私营、"三资"企业)工作要求落户的，凭有关证明准予在单位所在地或人才交流中心落户。
五、鼓励各类投资者来市区落户
在市区兴办实业投资额在十万元以上或连续两年年纳税额在一万元以上者，准予其及共同居住的直系亲属落户；在市区购买了成套商品住宅房的公民，可以准予1-3人共同居住的直系亲属在市区落户。
六、简化中央、省属驻市单位职工调动户口迁移手续
中央、省驻市单位的职工工作调动，按管理权限凭人事部门工作调动证明即可办理户口迁移手续。
七、上述各类需办理户口迁移人员从农村迁入城市，涉及到"农转非"的，由申请人向所在地公安派出所申请，由上级公安机关审批办理。公安派出所依据《户口准予迁入证明》及《户口迁移证》办理农转非人员落户手续，粮食部门凭《居民户口簿》和《粮油迁移证》办理粮油供应关系手续。依此文件迁入落户的公民，享受与城市公民同等的权利和义务。
八、各级公安机关要切实加强领导，把解决当前户口管理工作中的突出问题作为密切党和政府与人民群众的关系、促进社会稳定、树立公安机关良好形象的大事来抓。要利用广播、电视、报纸、墙报等各种形式广为宣传，使群众熟悉、居民了解实施这项政策的意义和内容；各基层派出所要深入基层，走访居民，调查情况，了解符合政策的对象，摸清要求申报人员的底数；要进一步简化办事程序，公开政策规定，改善服务态度，强化落实办理户口责任制，提高工作效率和服务质量，把好事办实，实事办好。
九、本办法实施过程中，必须建立健全监督制约机制，有关部门只能按物价部门审批的收费项目收取费用，不得收取城市增容费等其它任何名目的收费。
十、本办法从2000年5月1日起实施，凡符合文件规定要求落户的公民均可向所在地公安派出所提出申请。公安机关将依据本办法制订出具体实施细则，规范操作，方便群众。
九江市公安局
二000年四月五日
