The reference guide for foreigners who will enter, exit or stay in China
- << Beijing Spectator reference guide for foreigners who will enter, exit or stay in China>>
This reference guide will provides reference for foreigner tourists, government officials and medias, which is compiled and implemented in line with the currently effective laws and regulations. The legal guide covers 49 questions of 7 sorts, concerning enters and exit of china, traveling, accommodation, traffic, catering and entertainment.
- If you encounter problems, please contact us or contact the phone numbers and website listed in this page.
Section one: Basic Legal Principles
- How to stipulate the Chinese laws to foreigners’ basic rights?
The term ”alien” means any person not holding Chinese nationality according to the Nationality Law of the People’s Republic of China. China is a country ruled by law, and the legal rights and interests, freedom and legal property of foreigners who reside in China are protected and inviolable.
- How to stipulate the Chinese laws to foreigners’ basic obligation?
Aliens in China must abide by Chinese laws and may not endanger the state security of China, harm public interests or disrupt public order. If any person will violate the laws, the administration and criminal liability will be investigated and affixed by the law-enforcement organ in china in accordance with the relevant provisions of the laws and regulations. Those who cause physical injury or property damage to others should bear civil liability.
- What they would do if foreigners refuse to obey or comply with the decisions made by the law-enforcement organ?
They have the right to apply for an administrative reconsideration or to lodge an administrative lawsuit in the people’s court if they refuse to obey the decisions made by the law-enforcement organ.
- Whether the aliens have the right to hire a lawyer in China?
If the aliens in China need law consultation, they can hire a lawyer.
- How to stipulate the Chinese laws to the Minor Rights and Interests Protection?
The Chinese government pays special attention to the protection of minors. In respect of places, such as commercial dancing halls and net bar that are not appropriate for minors to take part in the activities therein, the competent departments and business managers shall take measures to ensure that no admission shall be given to minors. It shall be strictly prohibited for any organization or individual to sell, rent, or disseminate by any other means to minors, books, newspapers, magazines or audio-visual products of pornography and violence, and alcohol that are pernicious to minors.
Section two: The People’s Republic of china on the control of the exit and entry of citizens
Part one: Entry Administration
- How many types of visas are there for foreigners?
Chinese government issues four types of official visas: diplomatic visa, Courtesy visa, Service Visa, and ordinary visa. General aliens obtain ordinary visas when they come to China. To forge or alter an entry or exit certificate, use another person certificate as his own or transfers his certificate are not allowed.
In favor of the administration, ordinary visas are divided into nine types and each is marked with a capital letter.
- How could the foreigner apply for their entry visas?
They need to present the valid passport or other certificate(s) that can be used in place of a passport; to answer the related questions; to fill in a visa application form; to hand in recent frontal hatless half-length photos, and to present documents of certification pertaining to the purposes for entry of the invitation letter from the host institution or the certificate-issuing authority.
- What kind of foreigners shall not be permitted to enter China?
- The Chinese government deported, not allowed under the age of entry;
- Aliens who are likely to be considered for terror, violence and subversive activities;
- Aliens who are considered after the entry of possible smuggling, drug trafficking, prostitution activities;
- Aliens who suffer from mental illness and leprosy, venereal diseases, and opening up of infectious diseases such as tuberculosis;
- Aliens who could not afford the cost residing in China;
- Aliens who are considered a possible threat to China state security and public order;
- How should they do when foreigners lost their valid documents?
A foreigner who has lost his passport should promptly report to the local police station. With the police report, please go to the Exit and Entry Management Section, Beijing Municipal Public Security Bureau to apply for the Confirmation of Reporting the Loss of Passport, and explain the lost time, address, passport number and passport valid.
- Do foreigners need a sanitation quarantine of entry?
Any person, vehicles, and containers, baggage, goods, or parcel posts which are likely to transit infectious diseases are subjected to entry formalities and accept inspection and quarantine. After the examination by the inspection and quarantine authorities, they have the right for entry.
- Do foreigners have a right to obtain employment permit in China?
Aliens who have not acquired residence certificates or who are on a study programme in China may not seek employment in China without permission of the competent authorities of the Chinese Government.
- Is it permitted that passenger carried with baggage and articles for entry?
Baggage and articles carried by inward passengers shall be limited to reasonable quantities for personal use and subject to Customs control. If passengers carrying articles exceed the limited value and quantity, owners shall declare to Customs truthfully and accept inspection from Customs.
- Each passenger is allowed to carry one pet only in China, limited to dog and cat. After the examination by the inspection and quarantine authorities, they have the rights for entry.
- Regulation on Inward or Outward Currencies Control
- Passengers carrying foreign currencies less than equivalent
USD5000 (including USD5000) outward are not required to apply for the Permit, except those going back and forth many times in that very day or in the short term.
- Passengers carrying foreign currencies more than equivalent
USD5000 and up to USD10000 (including USD10000) outward shall apply for the Permit issued by the certified bank. Currencies shall be released by the Customs upon the Permit issued with the seal of the certified bank. Currencies under several Permits issued by the certified bank, if the sum exceeds equivalent USD10000 in total, shall not be released by the Customs.
- Passengers carrying foreign currencies more than equivalent
USD10000 outward shall apply for the Permit in the competent sub-bureau of the State Administration of Exchange Control. Currencies shall be released by the Customs upon the Permit with the seal of the State Administration of Exchange Control.
Part two: Exit Administration
- What proof materials should be provided when aliens exit from China?
For exit，aliens shall submit for examination their valid passports or other valid certificates as well as visas or residence certificates permitting their stay in China.
- Which kinds of aliens are prohibited from exit?
Aliens belonging to any of the following categories shall not be allowed to leave China:
- Defendants in criminal cases or criminal suspects confirmed by a public security organ, a people's procuratorate or a people's court;
- Persons who, as notified by a people's court, shall be denied exit owing to involvement in unresolved civil cases;
- Persons who have committed other acts in violation of Chinese law who have not been dealt with and against whom the competent authorities consider it necessary to institute prosecution.
- What items are prohibited from exiting from China?
The following items are prohibited from exiting from China;
Items that are prohibited from being brought into the country;
- Manuscripts, publications, films, photos, gramophone records, movies, tapes, video tapes, CD discs and compute software that are connected with State secrets;
- Precious cultural and other relics that are prohibited from being exported;
- Precious animals and plants(including samples that) are in imminent danger of extinction, their seeds and materials for their propagation.
Section three: Accommodation and Residence
- Do foreigners need to transact a temporary residence registration?
For lodging at guesthouse，hostel，inn，hotel，school or other enterprises and institutions or at government organs or other Chinese organizations，aliens shall present valid passports or residence certificates and fill in registration form of temporary accommodation．
When an alien wishes to lodge at the home of a Chinese resident in urban areas，the host or the lodger shall，with in 24 hours of the lodger's arrival，report to the local public security organ with the lodger's passport and certificate as well as the host's residence booklet and fill in registration forms of temporary accommodation．In rural areas，the host or lodger shall report to the local police station or residence registration office within 72 hours of the lodger's arrival．
- Do foreigners need to transact a temporary residence registration when an alien lodges at a foreign institution in China or at the home of an alien in China?
When an alien lodges at a foreign institution in China or at the home of an alien in China, the institution in question or the host or the lodger shall，within 24 hours of the lodger's arrival，report to the local public security organ with the lodger s passport or residence certificate and fill in registration forms of temporary accommodation.
- Is it possible to sleep out in the city?
In order to protect the urban public hygiene and a civilized appearance, it is prohibited to sleep in public places, including airports, train stations, piers, pedestrian crossings (both sky bridges and underground passages) and grassy areas.
- Is it possible for foreigners to rent houses during the Games Period?
Foreigners can also rent houses during the Games period, but they should register at police stations.
Section four: Traffic
- Both motor vehicles and non-motor vehicles shall pass on the right side. To drive a motor vehicle, one shall obtain a motor vehicle driver's license according to law. A motor vehicle and non-motor vehicle driver shall observe the provisions of the laws and regulations on road traffic safety and drive the vehicle safely and civilly. When a traffic accident occurs on the road, the driver shall immediately stop the vehicle and keep the scene intact; and if the accident causes casualties, the driver shall immediately rescue the injured persons, and speedily report to the traffic police on point duty or to the traffic control department of the public security organ.
- Does a foreigner use international driver license or the original driver license driving in China?
China now fails to join in the Convention on Road Traffic, if foreigners who want to drive in China must obtain a valid motor vehicle driver license issued by the Chinese government (including temporary driving permit), or it will be deemed as invalid and fined in accordance with the Chinese laws and regulations.
- How to apply for a Temporary Driving Permit?
Applicants for a Temporary Driving Permit shall be of an age that is consistent with the Chinese laws and regulations, and present ID document for the applicants’ passports and visas, the motor vehicle Driver License issued by the competent authorities of his/her country or region, two recently taken color photos. In addition, learning regulations and other knowledge related to road traffic safety is a must. After obtain the temporary driving permit, applicants have the right to drive in China.
An overseas motor vehicle driver of temporary entry may drive the motor vehicle of his own or a motor vehicle rented in China. A foreign motor vehicle running temporarily after entering the territory shall apply to the traffic administrative department of the public security organ of the municipality directly under the Central Government or districted municipality where the place of entry or place of start is located for the plate and driving permit of the motor vehicle of temporary entry within two days; A motor vehicle driver of temporary entry who drives a rented motor vehicle of China shall apply to the traffic administrative department of the public security organ of the municipality directly under the Central Government or districted municipality where the motor vehicle leaser is located for the temporary permission for motor vehicle driving.
- Does a foreign motor vehicle drive in China?
A foreign motor vehicle can drive in China, but it should, when driving his own motor vehicle of temporary entry on a road in China, apply to the traffic administrative department of the public security organ of the municipality directly under the Central Government or districted municipality where the place of entry or place of start is located for the plate and the temporary permission for motor vehicle driver license within two days.
- Do foreigners drive a rented motor vehicle or non motor vehicle in China?
Driving a rented motor vehicle or non motor vehicle in China, foreigners should obtain Chinese driver license in accordance with the laws and regulations (including temporary driving permit).
Section five: On shopping, tourism, entertainment and other consumer activities
- What rights and interests do consumers enjoy on shopping and accepting services in China?
Consumers enjoy all the rights and interests which are endowed by Chinese laws. Any Business operators have no authority to force any foreigners’ consume.
- How to deal with the disputes when foreigners shopping and accepting services in China?
Consumers may demand compensation from the sellers if their legitimate rights and interests are hurt as a result of buying or using the sellers’ commodities. In the event of disputes with producers, consumers may pursue the following avenues in settling the disputes: holding reconciliation talks with the producers, requesting consumers’ associations to help in mediation, filing petitions with relevant administrative departments or instituting legal proceedings in people’s courts.
- How to complain in the event of diarrhea, vomiting and other symptoms after dining in restaurants, hotels or drinking water?
in the event of the above situation, customers should report to the health supervision department, or complain to the local consumer’s association, or also demand a check of the Minister of the State Administration for Industry and Commerce to the restaurant and hotel.
- Is China entirely open to foreign tourists?
China is not currently fully open to foreigners; foreigners who have not obtained permits should not enter areas that are not open to the outside.
- How to maintain tourists’ rights and interests when traveling with the group?
You’d better sign a contract with your travel agency and make sure that the travel agency has bought tourist personal accident insurance for you.
- What behaviors that hurt tourists’ legitimate rights and interests of foreigners make s complaint, and to whom?
When the tourists encounter the behaviors that hurt tourists’ rights and interests provided by tour operator, such as the service not meeting the contract standard, cheating, questing for rebates and tips without permission, the tourists have the right to complain to the Department of Tourism.
- China’s main entertainment venues
Entertainment venues mentioned in these Regulations refer to commercial places for singing，dancing and amusement open to the public for self-entertainment of consumers, such as night club, song-and-dance hall, dancing bar, karaoke, music bar, disco, video game and so on.
- How are the business hours of entertainment venues regulated?
Entertainment venues may not do business between the hours of 2 a.m. and 8 a.m.
- Activities forbidden in public places of entertainment
Public places of entertainment are strictly prohibited from drug taking and trafficking, such as organizing, forcing, abetting, seducing, cheating and harboring others to eat or inject drugs.
Public places of entertainment are strictly prohibited from opening gambling houses or gambling parties and introducing prostitution.
Section six: Medical Treatment
- What rights and interests do foreigners enjoy on seeing a doctor in China?
Foreigners could get medical care at any medical treatment organization; and the fee will be same as with the Chinese citizens. During the medical treatment, they have the right to demand medical staff keeping the personal information secret.
- Prescription drug and OTC
As in many other countries, OTC can be obtained without a prescription while prescription drug requires a valid prescription before it can be obtained. For some restricted drugs like psychotropic, narcotic and radioactive drugs, a special medical record and medical certificate is required.
- Patients have the right to ask for your case history, original or duplicates.
Any patient shall be entitled to photocopy or reproduce the outpatient case history, in-hospital records, temperature records, doctor’s advice, tests papers (testing reports), medical image examination materials, letters of consent to special examinations, letters of consent to medical operations, medical operations and anesthesia records, pathological materials, nursing records and other case history materials thereof as provided by the administrative department under the State Council in charge of health.
- In case of disputes
Disputes of civil liabilities including compensations for medical accidents may be settled between both parties through negotiations. If the parties concerned refuse to or fail to settle the dispute through negotiations, the parties concerned may file an application to the administrative department of health for mediation or institute a civil action directly to the people’s court.
Section Seven: Special Notice
- Must foreigners carry documentation?
Foreigners should carry documentation. In carrying out their duties, the foreign affairs police at the county level or above have the right to examine the passports and other papers of foreigners.
- What to do when property stolen?
You should, after property stolen, report to the loss at local police station.
- How are drunk people handled?
When appearing drunk, if a drunk person poses a threat of danger to himself/herself or to other persons, property or the public safety, public security organs should take protective measures toward [the drunk person] until he/she is sober.
- According to Chinese relative laws, drugs mean opium, heroin, methyl Benzedrine, morphine, marijuana, cocaine and other narcotics and psychotropic substances that are liable to make people addicted to their use and that are controlled as required by the state.China strictly prohibits drug taking and from smuggling, trafficking in, transporting, producing or holding illegally drugs, such as organizing, forcing, abetting, seducing, cheating and harboring others to eat or inject drugs.
- China establishes strict control over guns.
All units and individuals are prohibited to possess, manufacture (alter and assemble included), trade in, transport, lease or loan guns in violation of the provisions of laws. The State shall severely punish any criminal act committed in violation of the control of guns.
- How to stipulate the sexual activity in China?
It is prohibited to organize, force, induce, shelter or introduce a woman to engage in prostitution or to act indecently against women.”
- Regulations on the installation and use of radio communication equipment.
For reporting needs, foreign journalists may, on a temporary basis, bring in, install and use radio communication equipment after completing the required application and approval procedures.
- For the holding of an assembly, a procession or a demonstration
For the holding of an assembly, a procession or a demonstration, application must be made to and permission obtained from the competent authorities in accordance with the provisions of law of the people's republic of china on assemblies, processions and demonstrations.
Where a person instigates or schemes any unlawful assembly, parade or demonstration, if he (she) refuses to stop its act after being dissuaded from doing so, he (she) shall be detained for not less than 10 days but not more than 15 days.
- What regulations does China have on behavior that insults the national flag or national emblems?
Criminal liability will be pursued according to the law for the following acts: willful burning, damaging, soiling, defacing, trampling and other methods of insulting the national flag and national emblems on public occasions.
- Special laws and regulations on reporting activities in China by foreign journalists.
Please refer to “Regulations on Reporting Activities in China by Foreign Journalists” and any other related laws and regulations.
Useful Telephone Numbers and Websites
- Emergency Services
*Fire Alarm: 119
*Police: 110
*Ambulance: 120
*Traffic Accident: 122
*Red Cross Society: 999
*Phone Number Inquiries: 114
*Telephone Repair Service: 112
*Forest Fire Alarm: 95119
*Weather Broadcast: 12121
*Water Rescue: 12395
- Relevant Links
*Beijing Municipal Public Security Bureau
http://www.bjgaj.gov.cn/epolice/index.htm
*Beijing Municipal Law-Enforcing Bureau of City Comprehensive Administration
http://www.bjcg.gov.cn/english
*Beijing Bureau of Quality and Technical Supervision
http://www.bjtsb.gov.cn
*Beijing Entry-Exit Inspection and Quarantine
http://www.bjciq.gov.cn/english.htm
*Beijing Municipal Health Bureau
http://english.bjhb.gov.cn
*Foreign Affairs Office, the People’s Government of Beijing Municipality
http://www.ebeijing.gov.cn
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