Chapter Ⅲ Administration of Stay and Residence
Article 10 Where, after entry with a visa, a foreigner changes his or her purpose of stay or is granted entry conveniences in accordance with relevant provisions of the State, or where a foreigner starts using a new passport or needs to stay separately from his or her tour group after entering China with a group visa due to objective reasons, the applicant may apply to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level in the place of his or her stay for a change of visa.
Article 11 Where the visa of a foreigner in China is lost, damaged, destroyed, stolen or robbed, the applicant shall, in a timely manner, apply to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level in the place of his or her stay for reissuance of the visa.
Article 12 To apply for extension, change or reissuance of a visa, or for a stay permit, a foreigner shall fill out an application form and submit his or her passport or other international travel documents, qualified photos, and material relating to the purpose of application.
Article 13 Where a foreigner’s application for extension, change or reissuance of a visa, or for a stay permit, meets the acceptance provisions, the exit and entry administration authority of the public security organ shall issue a receipt of acceptance valid for a period of time not exceeding 7 days, and make a decision on whether to issue the visa within the validity period of the receipt of acceptance.
Where the procedures followed or material submitted by a foreigner for extension, change, or reissuance of a visa or for issuance of a stay permit does not conform to relevant provisions, the exit and entry administration authority of the public security organ shall, in a one-off manner, notify the applicant of the procedure(s) to be followed and the material to be supplemented and corrected.
During the period of time when the applicant’s passport or other international travel documents are retained for processing his or her application for a visa or permit, the applicant may stay in China legally on the strength of the receipt of acceptance.
Article 14 The decision made by the exit and entry administration authority of the public security organ to extend the duration of stay specified in a visa is only valid for the current entry and does not affect the number of entries or the validity period of the entry specified in the visa. However, the total period of extension shall not exceed the original duration of stay specified in the visa.
When the duration of stay specified in the visa is extended, a foreigner shall adhere to the purpose specified in the original visa and stay within the extended duration of stay.
Article 15 Residence permits are divided into the following types:
(1) The residence permit for work is issued to persons who work in China;
(2) The residence permit for study is issued to persons who pursue long-term studies in China;
(3) The residence permit for journalists is issued to resident foreign journalists of permanent offices of foreign news agencies in China;
(4) The residence permit for reunion is issued to family members of Chinese citizens and family members of foreigners with permanent residence status in China who need to reside in China for family reunion, and to persons who need to reside in China for fosterage or other purposes; and
(5) The residence permit for personal matters is issued to spouses, parents, children under the age of 18 or parents-in-law of foreigners residing in China for work, study or other purposes, who apply for long-term visit to China, as well as for persons who need to reside in China for other personal matters.
Article 16 A foreigner applying for a residence permit shall submit his or her passport or other international travel documents, qualified photos, and material relating to the purpose of application, go through the relevant formalities in person with the exit and entry administration authority of the public security organ of the local people’s government at or above the county level in the proposed places of his or her residence, and provide biometric identification information such as fingerprints thereto.
(1) To apply for a residence permit for work, the applicant shall submit such certification documents as a work permit; in the case of a person of high talent who is needed or, a specialist who is urgently needed, by the State, the applicant shall submit relevant certification documents in accordance with relevant provisions;
(2) To apply for a residence permit for study, the applicant shall, in accordance with relevant provisions, submit such certification documents as a letter indicating the duration of study provided by the admission institution;
(3) To apply for a residence permit for journalists, the applicant shall submit the letter provided and the Press Card issued by the competent department;
(4) To apply for a residence permit for reunion, the applicant shall submit proof of family relationship and certification documents relating to the purpose of application; if the applicant needs to reside in China for fosterage or other purposes, he or she shall submit such certification documents as a power of attorney; and
(5) To apply for a residence permit for personal matters, in the case of a long-term visit, the applicant shall, as required, submit such certification documents as proof of kinship and the residence permit of the foreigner to be visited; to apply for entry to deal with personal matters, the applicant shall submit the documents certifying the need to reside in China.
When applying for a residence permit valid for more than 1 year, a foreigner shall, in accordance with relevant provisions, submit his or her health certificate. A health certificate is valid for six months beginning from the date of issue.
Article 17 To apply for extension, change or reissuance of a residence permit, a foreigner shall fill out an application form and submit his or her passport or other international travel documents, qualified photos, and material relating to the purpose of application.
Article 18 Where a foreigner’s application for a residence permit or for extension, change or reissuance of a residence permit meets the acceptance provisions, the exit and entry administration authority of the public security organ shall issue a receipt of acceptance valid for a period not exceeding 15 days, and make a decision on whether to issue the visa within the validity period of the receipt of acceptance.
Where the procedures followed or material submitted by a foreigner for a residence permit or for extension, change or reissuance of a residence permit does not conform to relevant provisions, the exit/entry administration authority of the public security organ shall, in a one-off manner, notify the applicant of the procedure(s) to be followed and the material to be supplemented and corrected.
During the period of time when the applicant’s passport or other international travel documents are retained for processing his or her application for a residence permit, the applicant may reside in China legally on the strength of the receipt of acceptance.
Article 19 In one of the following circumstances, the inviting entity or individual, the relative of the applicant or the specialized service agency concerned may apply for extension, change or reissuance of a visa or residence permit, or apply for a stay permit on behalf of the applicant:
(1) The applicant is under the age of 16 or over the age of 60 or it would unduly inconvenience the applicant due to illness or other reasons;
(2) The applicant’s current entry is not his or her first entry into China and the applicant has a good record of stay or residence in China; or
(3) The inviting entity or individual has guaranteed to cover the necessary expenses of the applicant incurred in China.
If the applicant is a person of high talent who is needed, or a specialist who is urgently needed, by the State, or is in the circumstance prescribed by subparagraph (1) of the preceding paragraph, the inviting entity or individual, the relative of the applicant or the specialized service agency concerned may apply for a residence permit on his or her behalf.
Article 20 The exit and entry administration authority of the public security organ may verify the purpose of application through such means as interview, telephone inquiry and on-the-spot investigation, and the applicant as well as the entity or individual that has provided the letter of invitation or certification documents shall cooperate.
Article 21 In one of the following circumstances, the exit and entry administration authority of the public security organ shall not approve the application for extension, change or reissuance of a visa or residence permit, or the application for a stay permit, submitted by a foreigner:
(1) The applicant fails to provide material supporting his or her application in accordance with relevant provisions;
(2) The applicant has knowingly falsified information in the application process;
(3) The applicant is not eligible for staying or residing in China due to violation of relevant Chinese laws or administrative regulations; or
(4) Other circumstances where it is not appropriate to approve the applicant’s application for extension, change or reissuance of a visa or residence permit, or for issuance of a stay permit.
Article 22 Where a foreigner holding a residence permit for study intends to engage in off-campus work-study or internship, he or she shall, upon the approval of the school, apply to the exit and entry administration authority of the public security organ to have such information as the location and duration of the work-study program or internship placement specified in his or her residence permit.
A foreigner holding a residence permit for study shall not engage in any off-campus work-study or internship unless the information prescribed in the preceding paragraph is specified in his or her residence permit.
Article 23 A foreigner who does not hold a valid passport or other international travel documents due to loss, damage, destruction, theft, robbery or other reasons and cannot get the said passport or documents reissued by the relevant institution of his own country stationed in China may apply for exit formalities to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level in the place of his or her stay or residence.
Article 24 A foreigner whose area of stay is specified in his exit and entry documents or a foreigner who is approved temporary entry into China with restrictions on area of stay by the exit and entry border inspection authority shall stay in the specified or restricted area.
Article 25 In one of the following circumstances, a foreigner shall be deemed to be residing in China illegally:
(1) The applicant’s stay or residence exceeds the duration specified in his or her visa, stay permit or residence permit;
(2) The applicant overstays the visa-free period and fails to obtain a stay permit or residence permit;
(3) The activities of the applicant go beyond the restricted area of stay or residence; or
(4) Other circumstances where foreigners reside illegally.
Article 26 Upon discovery of one of the following circumstances, the entity that employs a foreigner or admits a foreign student shall, in a timely manner, report to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level:
(1) A foreigner employed resigns or changes employment location;
(2) A foreign student admitted has graduated, completed his or her course(s) or study, has quit school, or has left the school ungraduated;
(3) A foreigner employed or a foreign student admitted violates the provisions on administration of exit and entry; or
(4) A foreigner employed or a foreign student admitted dies, disappears or other serious circumstances arise.
Article 27 Where necessary, finance, education, medical, telecommunications or other entities may, for business purposes, apply to the exit and entry administration authority of the public security organ for verifying the information of a foreigner’s identity.
Article 28 The stay or residence permits for foreigners who need to stay or reside in China for diplomatic or official purposes shall be issued and administered in accordance with the provisions of the Ministry of Foreign Affairs.