| Regulations on Examination and Approval of Permanent Residence of Aliens in China (Excerpt) | |
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| Sep 6, 2007 04:31 |   |
 | Source: www.gov.cn. Chapter III Residence Article 16 Aliens who hold D, Z, X and J-1 visas shall, within 30 days ofentry, go through the procedures with the public security bureau of the city orcounty where they are to reside for the residence permit for aliens or temporaryresidence permit for aliens. The term of validity of the aforesaid residencecertificates shall be the time limits of the authorized stay in China for thecertificate holder. The residence permit for aliens shall be issued to those who will stay inChina for a period of one year or more. The temporary residence permit for aliens shall be issued to those who willstay in China for a period of less than one year. Aliens who hold F, L, G, and C visas may stay in China within the timelimits as their visas indicate, without the necessity to obtain the residencecertificate. Article 17 In applying for residence certificates, aliens shall providesuch information as requested and complete the following procedures: (1) to present for examination their passports, visas and documents ofcertification pertaining the purpose of their residence; (2) to fill in the residence application form; and (3) where applying for the residence permit for aliens, to present forexamination their health certificate together with their recent frontal hatlesshalf-length passport-size photos. Article 18 The term of validity of the residence permit for aliens shall beone to five years, which shall be decided according to the purpose of residenceof the alien by the public security bureau of the city or county. To aliens who satisfy the requirements as provided in Article 14 of the Lawon Control of the Entry and Exit of Aliens, the public security organ may granta long-term residence permit ranging from one to five years, and a permanentresidence permit, to those with meritorious performance. Article 19 Aliens exempt from visa under the agreement between China andthe relevant country shall, where they wish to stay in China for a period of 30days or longer, apply for the residence certificate after entry, in accordancewith Article 16 and 17 of these Rules. The provisions of the preceding paragraph shall not apply to aliens asmentioned in Article 34 of the Law on Control of the Entry and Exit of Aliens. Article 20 Aliens who need to prolong their stay or residence in Chinabeyond the expiration of their visas or residence certificates shall apply foran extension before the expiration of their visas or certificate. In the event that any alien, while staying in China, is found to havesuffered any of the diseases as mentioned in Item (4) of Article 7 of theseRules, the Chinese competent authorities of public health may suggest to thepublic security organ that the alien in question be ordered to advance his dateof exit from China. |
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| Article 21 In case of any changes in the entries (name, nationality,occupation or status, place of work, address, passport number and accompanyingchildren, etc.) of the residence permit for aliens, the permit holder shall,within 10 days, go through the registration procedures for the change at thepublic security bureau stationed at the locality of his residence. Article 22 Where any holder of the residence permit for aliens wish to moveout of the city or county of residence, he shall, before moving, go through theremoval registration procedures at the public security bureau stationed at thelocality of his residence and, within 10 days after moving in, go through themoving-in registration procedures at the public security bureau stationed at thenew locality. An alien residing permanently in China who wishes to apply for a change ofresidence shall first make an application to the public security bureau at thenew place of residence for a permit, and then with this permit go through theremoval registration procedures in accordance with the provisions of thepreceding paragraph. Article 23 For the sake of national security, public order or other publicinterests, the municipal or county public security bureau may imposerestrictions on the establishment of residences or business offices in certainareas by aliens or by foreign institutions; residences or business officesalready established in the aforesaid areas under restrictions shall move to thenonrestricted areas within the time limits specified in the notice of removalissued by the municipal or county public security bureau. Article 24 Aliens residing permanently in China shall, once a year and at aprescribed time, present their residence permit for aliens to the local publicsecurity bureau for examination. The public security bureau may, when considering it necessary, notify analien to present his residence permit for aliens to the entry-exit controldepartment for examination, and the alien shall do so accordingly at the timespecified in the notice. Article 25 Aliens of 16 years of age or older who reside or stay in Chinashall carry with them their residence certificates or passports for possibleexamination by the police of foreign affairs. |
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| Article 26 As regards a foreign baby born in China, the baby's parents ortheir agent shall, within one month of the baby's birth, submit a reporttogether with the baby's birth certificate to the local public security bureauand go through the registration procedures. Article 27 In the event that an alien dies in China, his family member,guardian or agent shall, within 3 days of the death, submit a report togetherwith the death certificate of the deceased to the local public security bureau,and present, for cancellation, the residence certificate or visa of thedeceased. With respect to cases of aliens' unnatural deaths, the persons concerned orthe discoverers shall report the cases immediately to the public security organ. Article 28 The competent authorities of the Chinese Government mentioned inArticle 19 of the Law on Control of the Entry and Exit of Aliens refers to theMinistry of Labor of the People's Republic of China. Chapter IV Registration for Lodging Article 29 Aliens who stay at such enterprises or institutions asguesthouses, hotels, inns, hostels, and schools, or at government departments,public organizations and other Chinese institutions shall produce their validpassports or residence certificates, and fill in the registration form oftemporary accommodation. When seeking accommodation in an area not open toaliens, they shall produce their travel permit in addition. Article 30 Aliens who lodge with the Chinese residents shall, through thehosts or by themselves, within 24 hours of their arrival in a city or a town,submit a report to the local public security organ with their passport and othercertificates and the host's residence booklet, fill in the registration form oftemporary accommodation, and within 72 hours of their arrival in thecountryside, report to the local police station or to the local residenceregistration office. Article 31 Aliens who lodge at resident foreign institutions in China orwith other aliens residing in China shall through the host institutions or thehosts or by themselves, within 24 hours of their arrival, submit a report to thelocal public security organ with their passport or residence certificate andfill in the registration form of temporary accommodation. Article 32 Aliens having long-term residence in China who wish to lodgetemporarily in a place other than their own residence shall report and registerthe accommodation in accordance with the provisions of Article 29, 30 and 31 ofthese Rules. Article 33 Aliens who accommodate in mobile lodgings shall, within 24hours, submit a report to the local public security organ. The organizations orindividuals who furnish sites for aliens' mobile lodgings shall 24 hours inadvance submit a report to the local public security organ. |
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| Chapter V Travels Article 34 Aliens who wish to travel in cities or counties that are notopen to aliens shall apply in advance to the public security bureau of the cityor county where they stay for a travel permit, and they can start for theirdestination only after they have obtained permission. To apply for a travelpermit, aliens shall go through the following procedures: (1) to produce for examination their passport or residence certificate; (2) to submit certifications relating to their purpose of travel; and (3) to fill in the travel application form. Article 35 The longest term of validity of the travel permit for aliensshall be one year, provided that it shall not exceed the term of validity oftheir visa or residence certificate. Article 36 When aliens who have already obtained their travel permit wishto extend the term of validity of their travel permit, to visit additional spotsthat are not open to aliens, or to increase the number of accompanying persons,they shall apply to the public security organ for the extension or change. Article 37 Aliens shall not enter places closed to aliens withoutpermission. |
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| Chapter VIII Other Provisions Article 52 Aliens who wish to apply for extension or alteration of varioustypes of visas or certificates shall go through the following procedures: (1) to present for examination their passports, visas and othercertificates; (2) to fill in the application form for extension or alteration; and (3) to provide certifying documents relating to the extension or alteration. Article 53 Aliens who apply for various types of visas or certificates, orfor extension or alteration of their visas or certificates, shall pay fees forvisas or certificates according to the relevant provisions. The rates of fees for various types of visas and certificates shall beseparately prescribed by the Ministry of Public Security and the Ministry ofForeign Affairs. Persons from a country that has signed an agreement with the Chinesegovernment on fees for visas shall follow the relevant agreement. Article 54 Foreign children under 16 years of age who share the samepassport with their parents or guardian, need not, when coming to China withtheir parents or guardian, go through separately the procedures for entry,transit, residence or travel. Article 55 In the event that an alien has his visa or certificates issuedby the Chinese government lost or damaged, he shall promptly report to theentry-exit control department of the local public security bureau and apply fora replacement. Aliens who have lost their residence permit for aliens shallpublish an announcement in a local newspaper to declare the lost permit invalid. Article 56 The format of various types of visas, certificates andapplication forms mentioned in these Rules shall be made out separately by theMinistry of Public Security and the Ministry of Foreign Affairs. Article 57 These Rules shall go into effect as of the date of promulgation. |
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