| 【时 效 性】 | 有效 | 【颁布日期】 | 1985-11-22 |
| 【颁布单位】 | 全国人大常委会 | 【实施日期】 | 1986-02-01 |
| 【法规层次】 | 法律及有关法律问题的决定 | 【文 号】 | 主席令〔1985〕32号 |
| 【首选类别】 | 国家基本法规 | 【次选类别】 | |
| 【其它类别】 | 【其它类别】 | ||
| 【关 键 字】 | 中华人民共和国刑法 | ||
This
PEOPLE'S REPUBLIC OF
which
Council of
In case of discrepancy, theoriginal version in Chinese shall prevail.
LAW OF THE PEOPLE'S REPUBLIC OFCHINA ON THE CONTROL OF THE EXIT
(Adopted at the 13th Meetingof the
Sixth National People'sCongress, promulgated
President of the People'sRepublic of China
effective as of February 1,1986)
Chapter II
Chapter III
Chapter IV
Chapter VI
This Law is formulated with aview to safeguarding the legitimate rights
and interests of Chinesecitizens with respect
entry into China's territory andto promoting international exchange.
Chinese citizens may leave orenter the country with
other valid certificates issuedby the competent departments of the State
Council or other
For exit and entry, Chinesecitizens shall
other designated ports and shallbe subject to inspection by the frontier
After leaving the country,Chinese citizens may not commit any act harmful
to the security, honour orinterests of their country.
Chinese citizens who desire toleave
shall apply to the publicsecurity organs of the city or county in
their residence isregistered.
prescribed in Article 8 of thisLaw. The
decide, within a specified time,whether
citizens' applications forleaving the country for private purposes, and
shall notify the applicantsaccordingly.
In the case of Chinese citizensleaving the country on official business,
the units sending them abroadshall
Affairs or the local foreignaffairs department authorized by the ministry
for the citizens' exitcertificates and acquire the certificates for them.
In the case of seamen leavingthe country to
Bureau of HarbourSuperintendence or a harbour superintendent
by the bureau shall acquire theexit certificates for them.
Approval to exit
belonging to any of thefollowing categories:
(1) defendants in criminalcases
public security organ, apeople's procuratorate or a people's court;
(2) persons who, as notified bya people's court,
owing to involvement inunresolved civil cases;
(3) convicted persons servingtheir sentences;
(4) persons undergoingrehabilitation through labour; and
(5) persons whose exit fromthe country
competent department of theState Council, be harmful to state security or
cause a major loss to nationalinterests.
The frontier inspection officesshall
belonging to any of thefollowing categories from leaving the country and
to deal with them according tolaw:
(1) holders of invalid exitcertificates;
(2) holders of exit certificatesother than their own; and
(3) holders of forged or alteredexit certificates.
Chinese citizensresiding
permanent residence shallcomplete the relevant procedures at the Chinese
diplomatic missions, consularoffices or
that are authorized by theMinistry of Foreign Affairs, or at the public
security
municipalities directly underthe Central Government.
After their entry into China,Chinese citizens who have come for permanent
residence
accordance with the provisionsfor the administration of residence. Those
who have entered
residence in accordance with thesame provisions.
Passports for Chinese citizensgoing abroad on official business shall be
issued by the Ministry ofForeign Affairs or by the local foreign affairs
departments authorized by theministry. Seamen's papers shall be issued by
the
authorized by the bureau.Passports for Chinese citizens going abroad for
private purposes shall be issuedby the Ministry of Public Security or by
local public security organsauthorized by the ministry.
Passports and certificates whichChinese citizens apply for abroad shall
be issued by the Chinesediplomatic missions, consular offices or
agencies located abroadauthorized by the Ministry of Foreign Affairs.
The Ministry of Public Security,the Ministry
Bureau of HarbourSuperintendence and other agencies that issue passports
and certificates shall have thepower to cancel passports and certificates
issued by them or
passports and certificatesinvalid.
Any person who, in violation ofthe provisions
enters
certificate, uses anotherperson's certificate as his own or transfers his
certificate may be given awarning or placed in
than ten days by a publicsecurity organ. If the circumstances of the case
are serious enough to constitutea crime, criminal responsibility shall be
investigated in accordance withthe Law.
If a citizen subject to thepenalty of
organ refuses to accept thepenalty, he may, within 15 days of receiving
notification, appeal to thepublic
level, which shall make thefinal decision; he may also directly file suit
Where a
advantage of his position andpower to extort and accept bribes, he shall
be punished according to theCriminal Law
China and the Decision of theStanding Committee of the National People's
Congress Regarding
Undermine theEconomy.
violation of the Law anddereliction of duty which is serious enough
constitute a crime,his criminal
according to the relevantprovisions of the Criminal Law of the People's
Control measures governingChinese citizens' travels to and from the Hong
Kong or the Macao region shallbe separately formulated by the
departments of the StateCouncil.
Transistory exit from and entryinto China by Chinese citizens residing in
areas bordering on aneighbouring country shall be handled according
any relevant agreements betweenthe two countries or, in the absence
such agreements, accordingto the
The exit and entryof crews
aviation
functionaries working in China'sborder areas shall be
to relevant agreements andprovisions.
The Ministry of Public Security,the Ministry of Foreign Affairs and the
Ministry of Communicationsshall, pursuant to this Law, formulate
for its implementation, whichshall go into effect after being submitted