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Foreigner Entry and Residence

Entry and Residence

The Exit and Entry Administration Law of the People's Republic of China is applicable to the entry and exit of foreign nationals, as well as their stay and residence in China. Chinese visa-issuing authorities are authorized to, according to relevant regulations, determine the type, frequency, period of validity, and duration of stay of visas, reject foreign nationals' applications for visas, or cancel or confiscate issued visas.

The National Immigration Administration and the Ministry of Foreign Affairs of the People's Republic of China manage entry and exit affairs in accordance with their respective responsibilities. Embassies and consulates of the People's Republic of China in foreign countries and other missions overseas commissioned by the Ministry of Foreign Affairs issue entry visas to foreign nationals. Exit/entry border inspection authorities shall be responsible for carrying out exit/entry inspections. The stay and residence of foreign nationals in China are managed by public security organs under local people's governments at or above the county level and their exit/entry administrations.

Chinese visas are categorized as diplomatic, courtesy, official, and ordinary. Ordinary visas come in 12 categories and 16 types. These are issued to foreign nationals coming to China for non-diplomatic and non-official purposes: work, study, family visits, tourism, business, or as talent invited to work in China. Foreign nationals can apply for a visa that suits the purpose of their visit, or enter China visa-free if they meet the certain criteria. Foreigners who need to enter China urgently for humanitarian reasons, are invited to enter China for urgent business or emergency repair work, or have other urgent needs and hold documents that prove the relevant departments' approval of applying for port visas may apply for port visas and enter China. Travel agencies that organize inbound tourism in accordance with relevant state regulations may apply for group tourist visas from port visa authorities.

Foreign nationals entering China shall defer to the inspection of the China Immigration Inspection and the health quarantine of China Customs, go through the prescribed procedures, and enter China only upon approval. Foreign nationals carrying animals, plants, or currencies into China shall abide by relevant laws of China as well as the regulations of the customs and financial regulatory authorities. Except for prohibited items, foreign nationals can carry a reasonable amount of luggage that is for self-use into China duty free.

Foreign nationals whose visas indicate that they need to apply for residence permits after entry shall, within 30 days of entry, apply to the exit/entry administration of the public security organ under the local people's government at or above the county level for residence permits. The validity period of the residence permit indicates how long the permit holder can stay in China. Foreign nationals should leave China before the last day of the duration of stay prescribed on the visa they hold or the expiry of the validity period of their residence permits. Where the duration of stay of visa 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 at least seven days prior to the expiry of the duration specified in the visa. Foreigners residing in China who apply for the extension of the duration of residence shall, at least 30 days prior to the expiry of the validity period on their residence permits, file applications with the exit/entry administrations of public security organs under local people's governments at or above the county level. Foreign nationals' residence permit for work is valid for a minimum of 90 days and a maximum of five years, while the residence permit for purposes other than work is valid for a minimum of 180 days and a maximum of five years. Foreign nationals who have made prominent contributions to the economic and social development of China or who meet other conditions for permanent residence may apply for permanent residence in China.

Foreign nationals who wish to work in China need to obtain work permits and residence permits for work as required by relevant regulations.

The Chinese government optimized immigration administration policies and measures starting from January 8, 2023, in compliance with the country's downgraded COVID-19 response measures. Services related to the application for extension, renewal and reissuance of ordinary visas, issuance, renewal and reissuance of stay permits, and issuance, extension, renewal and reissuance of residence permits by foreign nationals were resumed. Foreign nationals should comply with Chinese regulations on inspection and quarantine as well as pandemic prevention and control after entering China. Passengers traveling to China by air are required to learn China's pandemic prevention policies in advance and comply with the regulations of China Customs on inspection and quarantine as well as pandemic prevention and control after entering China.

The Chinese government has released instructions relevant to foreign nationals' visa application, customs clearance, residence permits, and departure from China. For details, please visit the following two websites: http://s.nia.gov.cn/mps/bszy/; http://cs.mfa.gov.cn/wgrlh/. For relevant policies and more information, please go to the service windows of the exit/entry administrations of the local public security organs, dial 12367, or visit the website of the National Immigration Administration.


法律之间冲突时的效力原则


正式的法的渊源的效力有时也被称为法律效力等级,或法律效力位阶。宪法(或根本法)属于第一层次,而民法、刑法、行政法、诉讼等基本法律属于第二层次,基本法律之下还可能有第三和第四层次的法律等等。不同位阶的法的渊源之间的冲突原则包括宪法至上原则、法律高于法规原则、法规高于规章原则、行政法规高于地方性法规原则等。


同一位阶的法的渊源之间的冲突原则,主要包括:(1)全国性法律优先原则。(2)特别法优先原则。(3)后法优先或新法优先原则。(4)实体法优先原则。(5)国际法优先原则。(6)省、自治区的人民政府制定的规章的效力高于本行政区域内的较大的市的人民政府制定的规章。


位阶出现交叉时的法的渊源之间的冲突原则,我国《立法法》主要规定:(1)自治条例和单行条例依法对法律、行政法规、地方性法规作变通规定的,在本自治地方适用自治条例和单行条例的规定。(2)经济特区法规根据授权对法律、行政法规、地方性法规作变通规定的,在本经济特区适用经济特区法规的规定。(3)地方性法规、规章之间不一致时,由有关机关依照各自的权限作出裁决。



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