Chapter IⅤ Investigation and Repatriation
Article 29 Public security organs may establish places for repatriation in light of actual needs.
A foreigner who is to be detained for investigation in accordance with the provisions of Article 60 of the Exit and Entry Administration Law shall be sent to a detention house or a place of repatriation within 24 hours of his or her detention.
Where, a foreigner cannot be repatriated or deported immediately due to weather, his or her health or other reasons, he or she shall be detained in a detention house or a place of repatriation with relevant legal instruments.
Article 30 Where a foreigner’s scope of activities is to be restricted in accordance with the provisions of Article 61 of the Exit and Entry Administration Law, a written decision on such restriction(s) shall be issued. The foreigner subject to the restriction(s) shall report to the public security organ at the designated time and, without approval of the decision-making organ, he or she shall not change his living residence or leave the restricted area.
Article 31 Where a foreigner is to be repatriated in accordance with the provisions of Article 62 of the Exit and Entry Administration Law, the organ that makes the decision on his or her repatriation shall, in accordance with law, decide on the specific duration of time in which the said foreigner shall not be allowed to enter China.
Article 32 A foreigner who is subject to repatriation shall bear the related expenses. If he or she is not able to do so, the entity or individual that employed him or her shall bear the expenses in the case of illegal employment; in other circumstances, the entity or individual that has guaranteed to cover the expenses of the foreigner during his or her stay or residence in China shall bear the expenses.
Repatriation of foreigners shall be carried out by the public security organs of the local people’s governments at or above the county level or the exit and entry border inspection authorities.
Article 33 Where it is decided that a foreigner will exit China within a certain time limit, the decision-making authority shall, after cancelling or confiscating his or her original exit and entry documents, go through the formalities for his or her stay in China and set the time limit for his or her exit. The time limit shall not exceed 15 days.
Article 34 In one of the following circumstances, the visa, stay permit or residence permit held by a foreigner shall be declared null and void by the issuing authority:
(1) His or her visa, stay permit or residence permit is lost, damaged, destroyed, stolen or robbed;
(2) The time limit for his or her exit, repatriation or deportation from China has been decided, and his or her visa, stay permit or residence permit has not been confiscated or cancelled;
(3) The original purpose of residence has been changed, but he or she fails to report to the exit and entry administration authority of the public security organ within the prescribed time limit and fails to do so even after the said organ has given a public notice thereon; or
(4) Circumstances in which a visa or residence permit shall not be issued as prescribed by the provisions of Article 21 or Article 31 of the Exit and Entry Administration Law.
Where the issuing authority is to declare a visa, stay permit or residence permit null and void in accordance with law, it may do so on the spot or through a public notice.
Article 35 In one of the following circumstances, the visa, stay permit or residence permit held by a foreigner shall be cancelled or confiscated by a public security organ:
(1) The issuing authority declares it null and void, or it is being used fraudulently by someone else;
(2) It is forged, altered, or obtained by fraud or other illegal means; or
(3) The holder has been decided on a time for exit, repatriation or deportation from China.
The authority that makes a decision on cancellation or confiscation of a visa, stay permit or residence permit shall, in a timely manner, notify the issuing authority.