Legal Provisions Related to the Entry and Exit of Foreigners

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I. Article 29 of the Exit and Entry Administration Law of the People's Republic of China

Where the duration of stay specified in a visa held by a foreigner does not exceed 180 days, the holder may stay in China within the duration specified therein. 

Where the duration of stay needs to be extended, the visa holder shall file an application with the exit/entry administration of the public security organ under the local people's government at or above the county level in the place of his stay seven days prior to the expiry of the duration specified in the visa and shall submit relevant materials about the specific application matters in accordance with relevant requirements. If, upon examination, the reasons for extension are appropriate and sufficient, the extension shall be granted; if an extension is denied, the foreigner will be required to leave China on the expiry of the duration.

The accumulated length of extension shall not exceed the original duration of stay specified in the visa.

II. Article 30 of the Exit and Entry Administration Law of the People's Republic of China

Where visas held by foreigners specify that foreigners need to apply for residence permits after entry, such foreigners shall, within 30 days from the date of their entry, file applications with the exit/entry administration of the public security organ under the local people's government at or above the county level in the proposed places of residence for foreigners' residence permits.

III. Article 32 of the Exit and Entry Administration Law of the People's Republic of China

Foreigners residing in China who apply for the extension of the duration of residence shall, within 30 days prior to the expiry of the validity period on their residence permits, file applications with the exit/entry administration of the public security organ under the local people's government at or above the county level, and submit relevant materials about the specific application matters in accordance with relevant requirements. If, upon examination, the reasons for extension are appropriate and sufficient, an extension shall be granted; if an extension is denied, the foreigner concerned shall leave China on the expiry of the validity period specified in their residence permits.

IV. Article 36 of the Exit and Entry Administration Law of the People's Republic of China

Decisions made by the exit/entry administration of the public security organ on rejecting applications for visa extension or reissuance, or on not issuing foreigners' stay or residence permits or not extending the duration of residence shall be final.

V. Article 13 of the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners

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.

VI. Article 20 of the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners

The exit/entry administration of the public security organ may verify application purposes through such means as interview, telephone inquiry, and on-site investigation. The applicant as well as the entity or individual providing invitation letters or certification documents shall cooperate.

VII. Article 22 of the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners

If 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/entry administration 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.

VIII. Article 26 of the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners

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/entry administration of the public security organ of the local people's government at or above the county level:

(1) A foreign employee resigns or changes employment location;

(2) A foreign student admitted has left the school as he or she has graduated, completed the course(s) or study, drop out or quit school;

(3) A foreign employee or a foreign student admitted violates the provisions on administration of exit and entry;

(4) A foreign employee or a foreign student admitted dies, disappears or other serious circumstances arise.

IX. Foreigners applying for changes in their residence permit registration and birth registration in Beijing shall comply with the following legal provisions.

Article 33 of the Exit and Entry Administration Law of the People's Republic of China:

The registered items of a foreign residence permit shall include name, sex, date of birth, reason for residence and duration of residence of the holder, date and place of issuance, the number of passport or other international travel document. Where the registered item in a foreigner's residence permit has changed, the holder shall, within 10 days from the date of change, apply to the exit/entry administration of the public security organ under the local people's government at or above the county level in the place of residence for going through the formalities for alteration.

Article 40-1 of the Exit and Entry Administration Law of the People's Republic of China:

For foreign infants born in China, their parents or agents shall, within 60 days after they are born, based on the strength of the birth certificates, go through the formalities for stay or residence registration for them with the exit/entry administration of the public security organ under the people's government at or above the county level in the places of their parents' stay or residence.