| NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA Article 1....(1) |
(Effective Date：1986.02.01--Ineffective Date：)
NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA Article 1. This Law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China.
Article 2. The People's Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality.
Article 3. The People's Republic of China does not recognize dual nationality for any Chinese national.
Article 4. Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.
Article 5. Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.
Article 6. Any person born in China whose parents are stateless or of uncertain nationality and have settled in China shall have Chinese nationality.
Article 7. Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications:
(1) they are near relatives of Chinese nationals;
(2) they have settled in China; or
(3) they have other legitimate reasons.
Article 8. Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality.
Article 9. Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.
Article 10. Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications:
(1) they are near relatives of foreign nationals;
(2) they have settled abroad; or
(3) they have other legitimate reasons.
Article 11. Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application.
Article 12. State functionaries and military personnel on active service shall not renounce Chinese nationality.
Article 13. Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications for restoration of Chinese nationality have been approved shall not retain foreign nationality.
Article 14. Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of the cases provided for in Article 9, shall go through the formalities of application. Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives.
Article 15. Nationality applications at home shall be handled by the public security bureaus of the municipalities or counties where the applicants reside; nationality applications abroad shall be handled by China's diplomatic representative agencies and consular offices.
Article 16. Applications for naturalization as Chinese nationals and for renunciation or restoration of Chinese nationality are subject to examination and approval by the Ministry of Public Security of the People's Republic of China. The Ministry of Public Security shall issue a certificate to any person whose application has been approved.
Article 17. The nationality status of persons who have acquired or lost Chinese nationality before the promulgation of this Law shall remain valid.
Article 18. This Law shall come into force on the day of its promulgation. NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA Article 1. This Law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China.
Article 2. The People's Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality.
Article 3. The People's Republic of China does not recognize dual nationality for any Chinese national.
Article 4. Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.
Article 5. Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.
Article 6. Any person born in China whose parents are stateless or of uncertain nationality and have settled in China shall have Chinese nationality.
Article 7. Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications:
(1) they are near relatives of Chinese nationals;
(2) they have settled in China; or
(3) they have other legitimate reasons.
Article 8. Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality.
Article 9. Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.
Article 10. Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications:
(1) they are near relatives of foreign nationals;
(2) they have settled abroad; or
(3) they have other legitimate reasons.
Article 11. Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application.
Article 12. State functionaries and military personnel on active service shall not renounce Chinese nationality.
Article 13. Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications for restoration of Chinese nationality have been approved shall not retain foreign nationality.
Article 14. Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of the cases provided for in Article 9, shall go through the formalities of application. Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives.
Article 15. Nationality applications at home shall be handled by the public security bureaus of the municipalities or counties where the applicants reside; nationality applications abroad shall be handled by China's diplomatic representative agencies and consular offices.
Article 16. Applications for naturalization as Chinese nationals and for renunciation or restoration of Chinese nationality are subject to examination and approval by the Ministry of Public Security of the People's Republic of China. The Ministry of Public Security shall issue a certificate to any person whose application has been approved.
Article 17. The nationality status of persons who have acquired or lost Chinese nationality before the promulgation of this Law shall remain valid.
Article 18. This Law shall come into force on the day of its promulgation. NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA Article 1. This Law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China.
Article 2. The People's Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality.
Article 3. The People's Republic of China does not recognize dual nationality for any Chinese national.
Article 4. Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.
Article 5. Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.
Article 6. Any person born in China whose parents are stateless or of uncertain nationality and have settled in China shall have Chinese nationality.
Article 7. Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications:
(1) they are near relatives of Chinese nationals;
(2) they have settled in China; or
(3) they have other legitimate reasons.
Article 8. Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality.
Article 9. Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.
Article 10. Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications:
(1) they are near relatives of foreign nationals;
(2) they have settled abroad; or
(3) they have other legitimate reasons.
Article 11. Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application.
Article 12. State functionaries and military personnel on active service shall not renounce Chinese nationality.
Article 13. Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications for restoration of Chinese nationality have been approved shall not retain foreign nationality.
Article 14. Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of the cases provided for in Article 9, shall go through the formalities of application. Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives.
Article 15. Nationality applications at home shall be handled by the public security bureaus of the municipalities or counties where the applicants reside; nationality applications abroad shall be handled by China's diplomatic representative agencies and consular offices.
Article 16. Applications for naturalization as Chinese nationals and for renunciation or restoration of Chinese nationality are subject to examination and approval by the Ministry of Public Security of the People's Republic of China. The Ministry of Public Security shall issue a certificate to any person whose application has been approved.
Article 17. The nationality status of persons who have acquired or lost Chinese nationality before the promulgation of this Law shall remain valid.
Article 18. This Law shall come into force on the day of its promulgation. 1980-09-10 1980-09-10 1980-09-10 LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON CONTROL OF THE ENTRY AND EXIT OF ALIENS CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II ENTRY INTO THE COUNTRY
CHAPTER III RESIDENCE
CHAPTER IV TRAVEL
CHAPTER V EXIT FROM THE COUNTRY
CHAPTER VI ADMINISTRATIVE ORGANS
CHAPTER VII PENALTIES
CHAPTER VIII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1. This Law is formulated with a view to safeguarding the sovereignty of the People's Republic of China, maintaining its security and public order and facilitating international exchange.
This Law is applicable to aliens entering, leaving and transiting the territory of the People's Republic of China and to those residing and travelling in China.
Article 2. Aliens must obtain the permission of the competent authorities of the Chinese Government in order to enter, transit or reside in China.
Article 3. For entry, exit and transit, aliens must pass through ports open to aliens or other designated ports and must be subject to inspection by the frontier inspection offices.
For entry, exit and transit, foreign-owned means of transport must pass through ports open to aliens or other designated ports and must be subject to inspection and supervision by the frontier inspection offices.
Article 4. The Chinese Government shall protect the lawful rights and interests of aliens on Chinese territory.
Freedom of the person of aliens is inviolable. No alien may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrest must be made by a public security organ or state security organ.
Article 5. Aliens in China must abide by Chinese laws and may not endanger the state security of China, harm public interests or disrupt public order.
CHAPTER II ENTRY INTO THE COUNTRY
Article 6. For entry into China, aliens shall apply for visas from Chinese diplomatic missions, consular offices or other resident agencies abroad authorized by the Ministry of Foreign Affairs. In specific situations aliens may, in compliance with the provisions of the State Council, apply for visas to visa-granting offices at ports designated by the competent authorities of the Chinese Government.
The entry of nationals from countries having visa agreements with the Chinese Government shall be handled in accordance with those agreements.
In cases where another country has special provisions for Chinese citizens entering and transiting that country, the competent authorities of the Chinese Government may adopt reciprocal measures contingent on the circumstances.
Visas are not required for aliens in immediate transit on connected international flights who hold passenger tickets and stay for no more than 24 hours in China entirely within airport boundaries. Anyone desiring to leave the airport temporarily must obtain permission from the frontier inspection office.
Article 7. When applying for various kinds of visas, aliens shall present valid passports and, if necessary, provide pertinent evidence.
Article 8. Aliens who have been invited or hired to work in China shall, when applying for visas, produce evidence of the invitation or employment.
Article 9. Aliens desiring to reside permanently in China shall, when applying for visas, present status-of-residence identification forms. Applicants may obtain such forms from public security organs at the place where they intend to reside.
Article 10. The competent authorities of the Chinese Government shall issue appropriate visas to aliens according to the purposes stated in their entry applications.
Article 11. When an aircraft or a vessel navigating international routes arrives at a Chinese port, the captain or his agent must submit a passenger name list to the frontier inspection office; a foreign aircraft or vessel must also provide a name list of its crew members.
Article 12. Aliens who are considered a possible threat to China's state security and public order shall not be permitted to enter China.
CHAPTER III RESIDENCE
Article 13. For residence in China, aliens must possess identification papers or residence certificates issued by the competent authorities of the Chinese Government.
The term of validity of identification papers or residence certificates shall be determined according to the purposes of entry.
Aliens residing in China shall submit their certificates to the local public security organs for examination within the prescribed period of time.
Article 14. Aliens who, in compliance with Chinese laws, find it necessary to establish prolonged residence in China for the purpose of investing in China or engaging in cooperative projects with Chinese enterprises or institutions in the economic, scientific, technological and cultural fields, or for other purposes, are eligible for prolonged or permanent residence in China upon approval by the competent authorities of the Chinese Government.
Article 15. Aliens who seek asylum for political reasons shall be permitted to reside in China upon approval by the competent authorities of the Chinese Government.
Article 16. Aliens who fail to abide by Chinese laws may have their period of stay in China curtailed or their status of residence in China annulled by the competent authorities of the Chinese Government.
Article 17. For a temporary overnight stay in China, aliens shall complete registration procedures pursuant to the relevant provisions.
Article 18. Aliens holding residence certificates who wish to change their place of residence in China must complete removal formalities pursuant to the relevant provisions.
Article 19. 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.
CHAPTER IV TRAVEL
Article 20. Aliens who hold valid visas or residence certificates may travel to places open to aliens as designated by the Chinese Government.
Article 21. Aliens desiring to travel to places closed to aliens must apply to local public security organs for travel permits.
CHAPTER V EXIT FROM THE COUNTRY
Article 22. For exit from China, aliens shall present their valid passports or other valid certificates.
Article 23. Aliens belonging to any of the following categories shall not be allowed to leave China:
(1) defendants in criminal cases or criminal suspects confirmed by a public security organ, a people's procuratorate or a people's court;
(2) persons who, as notified by a people's court, shall be denied exit due to involvement in unresolved civil cases; and
(3) 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.
Article 24. Frontier inspection offices shall have the power to stop aliens belonging to any of the following categories from leaving the country and to deal with them according to law:
(1) holders of invalid exit certificates;
(2) holders of exit certificates other than their own; and
(3) holders of forged or altered exit certificates.
CHAPTER VI ADMINISTRATIVE ORGANS
Article 25. China's diplomatic missions, consular offices and other resident agencies abroad authorized by the Ministry of Foreign Affairs shall be the Chinese Government's agencies abroad to handle aliens' applications for entry and transit.
The Ministry of Public Security, its authorized local public security organs, the Ministry of Foreign Affairs and its authorized local foreign affairs departments shall be the Chinese Government's agencies in China to handle aliens applications for entry, transit, residence and travel.
Article 26. The authorities handling aliens applications for entry, transit, residence and travel shall have the power to refuse to issue visas and certificates or to cancel visas and certificates already issued or declare them invalid.
The Ministry of Public Security and the Ministry of Foreign Affairs may, when necessary, alter decisions made by their respectively authorized agencies.
Article 27. An alien who enters or resides in China illegally may be detained for examination or be subjected to residential surveillance or deportation by a public security organ at or above the county level.
Article 28. While performing their duties, foreign affairs police of the public security organs at or above the county level shall have the power to examine the passports and other certificates of aliens. When conducting such examinations, the foreign affairs police shall produce their own service certificates, and relevant organizations or individuals shall have the duty to offer them assistance.
CHAPTER VII PENALTIES
Article 29. If a person, in violation of the provisions of this Law, enters or leaves China illegally, establishes illegal residence or makes an illegal stopover in China, travels to places closed to aliens without a valid travel document, forges or alters an entry or exit certificate, uses another person's certificate as his own or transfers his certificate, he may be penalized by a public security organ at or above the county level with a warning, a fine or detention for not more than ten days. If the circumstances of the case are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the law.
If an alien subject to a fine or detention by a public security organ refuses to accept the penalty, he may, within 15 days of receiving notification, appeal to the public security organ at the next higher level, which shall make the final decision; he may also directly file a suit in the local people's court.
Article 30. In cases where a person commits any of the acts stated in Article 29 of this Law, if the circumstances are serious, the Ministry of Public Security may impose a penalty by ordering him to leave the country within a certain time or may expel him from the country.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 31. For the purpose of this Law the term ''alien means any person not holding Chinese nationality according to the Nationality Law of the People's Republic of China.
Article 32. Transitory entry into and exit from China by aliens who are nationals of a country adjacent to China and who reside in areas ordering on China shall be handled according to any relevant agreements between the two countries or, in the absence of such agreements, according to the relevant provisions of the Chinese Government.
Article 33. The Ministry of Public Security and the Ministry of Foreign Affairs shall, pursuant to this Law, formulate rules for its implementation, which shall go into effect after being submitted to and approved by the State Council.
Article 34. Affairs concerning members of foreign diplomatic missions and consular offices in the People's Republic of China and other aliens who enjoy diplomatic privileges and immunities, after their entry into China, shall be administered in accordance with the relevant provisions of the State Council and its competent departments.
Article 35. This Law shall go into effect on February 1, 1986.
NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA Article 1. This Law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China.
Article 2. The People's Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality.
Article 3. The People's Republic of China does not recognize dual nationality for any Chinese national.
Article 4. Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.
Article 5. Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.
Article 6. Any person born in China whose parents are stateless or of uncertain nationality and have settled in China shall have Chinese nationality.
Article 7. Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications:
(1) they are near relatives of Chinese nationals;
(2) they have settled in China; or
(3) they have other legitimate reasons.
Article 8. Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality.
Article 9. Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.
Article 10. Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications:
(1) they are near relatives of foreign nationals;
(2) they have settled abroad; or
(3) they have other legitimate reasons.
Article 11. Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application.
Article 12. State functionaries and military personnel on active service shall not renounce Chinese nationality.
Article 13. Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications for restoration of Chinese nationality have been approved shall not retain foreign nationality.
Article 14. Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of the cases provided for in Article 9, shall go through the formalities of application. Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives.
Article 15. Nationality applications at home shall be handled by the public security bureaus of the municipalities or counties where the applicants reside; nationality applications abroad shall be handled by China's diplomatic representative agencies and consular offices.
Article 16. Applications for naturalization as Chinese nationals and for renunciation or restoration of Chinese nationality are subject to examination and approval by the Ministry of Public Security of the People's Republic of China. The Ministry of Public Security shall issue a certificate to any person whose application has been approved.
Article 17. The nationality status of persons who have acquired or lost Chinese nationality before the promulgation of this Law shall remain valid.
Article 18. This Law shall come into force on the day of its promulgation. NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA Article 1. This Law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China.
Article 2. The People's Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality.
Article 3. The People's Republic of China does not recognize dual nationality for any Chinese national.
Article 4. Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.
Article 5. Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.
Article 6. Any person born in China whose parents are stateless or of uncertain nationality and have settled in China shall have Chinese nationality.
Article 7. Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications:
(1) they are near relatives of Chinese nationals;
(2) they have settled in China; or
(3) they have other legitimate reasons.
Article 8. Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality.
Article 9. Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.
Article 10. Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications:
(1) they are near relatives of foreign nationals;
(2) they have settled abroad; or
(3) they have other legitimate reasons.
Article 11. Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application.
Article 12. State functionaries and military personnel on active service shall not renounce Chinese nationality.
Article 13. Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications for restoration of Chinese nationality have been approved shall not retain foreign nationality.
Article 14. Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of the cases provided for in Article 9, shall go through the formalities of application. Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives.
Article 15. Nationality applications at home shall be handled by the public security bureaus of the municipalities or counties where the applicants reside; nationality applications abroad shall be handled by China's diplomatic representative agencies and consular offices.
Article 16. Applications for naturalization as Chinese nationals and for renunciation or restoration of Chinese nationality are subject to examination and approval by the Ministry of Public Security of the People's Republic of China. The Ministry of Public Security shall issue a certificate to any person whose application has been approved.
Article 17. The nationality status of persons who have acquired or lost Chinese nationality before the promulgation of this Law shall remain valid.
Article 18. This Law shall come into force on the day of its promulgation. NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA Article 1. This Law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China.
Article 2. The People's Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality.
Article 3. The People's Republic of China does not recognize dual nationality for any Chinese national.
Article 4. Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.
Article 5. Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.
Article 6. Any person born in China whose parents are stateless or of uncertain nationality and have settled in China shall have Chinese nationality.
Article 7. Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications:
(1) they are near relatives of Chinese nationals;
(2) they have settled in China; or
(3) they have other legitimate reasons.
Article 8. Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality.
Article 9. Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.
Article 10. Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications:
(1) they are near relatives of foreign nationals;
(2) they have settled abroad; or
(3) they have other legitimate reasons.
Article 11. Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application.
Article 12. State functionaries and military personnel on active service shall not renounce Chinese nationality.
Article 13. Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications for restoration of Chinese nationality have been approved shall not retain foreign nationality.
Article 14. Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of the cases provided for in Article 9, shall go through the formalities of application. Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives.
Article 15. Nationality applications at home shall be handled by the public security bureaus of the municipalities or counties where the applicants reside; nationality applications abroad shall be handled by China's diplomatic representative agencies and consular offices.
Article 16. Applications for naturalization as Chinese nationals and for renunciation or restoration of Chinese nationality are subject to examination and approval by the Ministry of Public Security of the People's Republic of China. The Ministry of Public Security shall issue a certificate to any person whose application has been approved.
Article 17. The nationality status of persons who have acquired or lost Chinese nationality before the promulgation of this Law shall remain valid.
Article 18. This Law shall come into force on the day of its promulgation. 1980-09-10 1980-09-10 1980-09-10 LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON CONTROL OF THE ENTRY AND EXIT OF ALIENS CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II ENTRY INTO THE COUNTRY
CHAPTER III RESIDENCE
CHAPTER IV TRAVEL
CHAPTER V EXIT FROM THE COUNTRY
CHAPTER VI ADMINISTRATIVE ORGANS
CHAPTER VII PENALTIES
CHAPTER VIII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1. This Law is formulated with a view to safeguarding the sovereignty of the People's Republic of China, maintaining its security and public order and facilitating international exchange.
This Law is applicable to aliens entering, leaving and transiting the territory of the People's Republic of China and to those residing and travelling in China.
Article 2. Aliens must obtain the permission of the competent authorities of the Chinese Government in order to enter, transit or reside in China.
Article 3. For entry, exit and transit, aliens must pass through ports open to aliens or other designated ports and must be subject to inspection by the frontier inspection offices.
For entry, exit and transit, foreign-owned means of transport must pass through ports open to aliens or other designated ports and must be subject to inspection and supervision by the frontier inspection offices.
Article 4. The Chinese Government shall protect the lawful rights and interests of aliens on Chinese territory.
Freedom of the person of aliens is inviolable. No alien may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrest must be made by a public security organ or state security organ.
Article 5. Aliens in China must abide by Chinese laws and may not endanger the state security of China, harm public interests or disrupt public order.
CHAPTER II ENTRY INTO THE COUNTRY
Article 6. For entry into China, aliens shall apply for visas from Chinese diplomatic missions, consular offices or other resident agencies abroad authorized by the Ministry of Foreign Affairs. In specific situations aliens may, in compliance with the provisions of the State Council, apply for visas to visa-granting offices at ports designated by the competent authorities of the Chinese Government.
The entry of nationals from countries having visa agreements with the Chinese Government shall be handled in accordance with those agreements.
In cases where another country has special provisions for Chinese citizens entering and transiting that country, the competent authorities of the Chinese Government may adopt reciprocal measures contingent on the circumstances.
Visas are not required for aliens in immediate transit on connected international flights who hold passenger tickets and stay for no more than 24 hours in China entirely within airport boundaries. Anyone desiring to leave the airport temporarily must obtain permission from the frontier inspection office.
Article 7. When applying for various kinds of visas, aliens shall present valid passports and, if necessary, provide pertinent evidence.
Article 8. Aliens who have been invited or hired to work in China shall, when applying for visas, produce evidence of the invitation or employment.
Article 9. Aliens desiring to reside permanently in China shall, when applying for visas, present status-of-residence identification forms. Applicants may obtain such forms from public security organs at the place where they intend to reside.
Article 10. The competent authorities of the Chinese Government shall issue appropriate visas to aliens according to the purposes stated in their entry applications.
Article 11. When an aircraft or a vessel navigating international routes arrives at a Chinese port, the captain or his agent must submit a passenger name list to the frontier inspection office; a foreign aircraft or vessel must also provide a name list of its crew members.
Article 12. Aliens who are considered a possible threat to China's state security and public order shall not be permitted to enter China.
CHAPTER III RESIDENCE
Article 13. For residence in China, aliens must possess identification papers or residence certificates issued by the competent authorities of the Chinese Government.
The term of validity of identification papers or residence certificates shall be determined according to the purposes of entry.
Aliens residing in China shall submit their certificates to the local public security organs for examination within the prescribed period of time.
Article 14. Aliens who, in compliance with Chinese laws, find it necessary to establish prolonged residence in China for the purpose of investing in China or engaging in cooperative projects with Chinese enterprises or institutions in the economic, scientific, technological and cultural fields, or for other purposes, are eligible for prolonged or permanent residence in China upon approval by the competent authorities of the Chinese Government.
Article 15. Aliens who seek asylum for political reasons shall be permitted to reside in China upon approval by the competent authorities of the Chinese Government.
Article 16. Aliens who fail to abide by Chinese laws may have their period of stay in China curtailed or their status of residence in China annulled by the competent authorities of the Chinese Government.
Article 17. For a temporary overnight stay in China, aliens shall complete registration procedures pursuant to the relevant provisions.
Article 18. Aliens holding residence certificates who wish to change their place of residence in China must complete removal formalities pursuant to the relevant provisions.
Article 19. 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.
CHAPTER IV TRAVEL
Article 20. Aliens who hold valid visas or residence certificates may travel to places open to aliens as designated by the Chinese Government.
Article 21. Aliens desiring to travel to places closed to aliens must apply to local public security organs for travel permits.
CHAPTER V EXIT FROM THE COUNTRY
Article 22. For exit from China, aliens shall present their valid passports or other valid certificates.
Article 23. Aliens belonging to any of the following categories shall not be allowed to leave China:
(1) defendants in criminal cases or criminal suspects confirmed by a public security organ, a people's procuratorate or a people's court;
(2) persons who, as notified by a people's court, shall be denied exit due to involvement in unresolved civil cases; and
(3) 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.
Article 24. Frontier inspection offices shall have the power to stop aliens belonging to any of the following categories from leaving the country and to deal with them according to law:
(1) holders of invalid exit certificates;
(2) holders of exit certificates other than their own; and
(3) holders of forged or altered exit certificates.
CHAPTER VI ADMINISTRATIVE ORGANS
Article 25. China's diplomatic missions, consular offices and other resident agencies abroad authorized by the Ministry of Foreign Affairs shall be the Chinese Government's agencies abroad to handle aliens' applications for entry and transit.
The Ministry of Public Security, its authorized local public security organs, the Ministry of Foreign Affairs and its authorized local foreign affairs departments shall be the Chinese Government's agencies in China to handle aliens applications for entry, transit, residence and travel.
Article 26. The authorities handling aliens applications for entry, transit, residence and travel shall have the power to refuse to issue visas and certificates or to cancel visas and certificates already issued or declare them invalid.
The Ministry of Public Security and the Ministry of Foreign Affairs may, when necessary, alter decisions made by their respectively authorized agencies.
Article 27. An alien who enters or resides in China illegally may be detained for examination or be subjected to residential surveillance or deportation by a public security organ at or above the county level.
Article 28. While performing their duties, foreign affairs police of the public security organs at or above the county level shall have the power to examine the passports and other certificates of aliens. When conducting such examinations, the foreign affairs police shall produce their own service certificates, and relevant organizations or individuals shall have the duty to offer them assistance.
CHAPTER VII PENALTIES
Article 29. If a person, in violation of the provisions of this Law, enters or leaves China illegally, establishes illegal residence or makes an illegal stopover in China, travels to places closed to aliens without a valid travel document, forges or alters an entry or exit certificate, uses another person's certificate as his own or transfers his certificate, he may be penalized by a public security organ at or above the county level with a warning, a fine or detention for not more than ten days. If the circumstances of the case are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the law.
If an alien subject to a fine or detention by a public security organ refuses to accept the penalty, he may, within 15 days of receiving notification, appeal to the public security organ at the next higher level, which shall make the final decision; he may also directly file a suit in the local people's court.
Article 30. In cases where a person commits any of the acts stated in Article 29 of this Law, if the circumstances are serious, the Ministry of Public Security may impose a penalty by ordering him to leave the country within a certain time or may expel him from the country.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 31. For the purpose of this Law the term ''alien means any person not holding Chinese nationality according to the Nationality Law of the People's Republic of China.
Article 32. Transitory entry into and exit from China by aliens who are nationals of a country adjacent to China and who reside in areas ordering on China shall be handled according to any relevant agreements between the two countries or, in the absence of such agreements, according to the relevant provisions of the Chinese Government.
Article 33. The Ministry of Public Security and the Ministry of Foreign Affairs shall, pursuant to this Law, formulate rules for its implementation, which shall go into effect after being submitted to and approved by the State Council.
Article 34. Affairs concerning members of foreign diplomatic missions and consular offices in the People's Republic of China and other aliens who enjoy diplomatic privileges and immunities, after their entry into China, shall be administered in accordance with the relevant provisions of the State Council and its competent departments.
Article 35. This Law shall go into effect on February 1, 1986.
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE CONTROL OF THE EXIT AND ENTRY OF CITIZENS CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II EXIT FROM THE COUNTRY
CHAPTER III ENTRY INTO THE COUNTRY
CHAPTER IV ADMINISTRATIVE ORGANS
CHAPTER V PENALTIES
CHAPTER VI SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1. This Law is formulated with a view to safeguarding the legitimate rights and interests of Chinese citizens with respect to their exit from and entry into China's territory and to promoting international exchange.
Article 2. Chinese citizens may leave or enter the country with valid passports or other valid certificates issued by the competent departments of the State Council or other departments authorized by them. They shall not be required to apply for visas.
Article 3. For exit and entry, Chinese citizens shall pass through open ports or other designated ports and shall be subject to inspection by the frontier inspection offices.
Article 4. After leaving the country, Chinese citizens may not commit any act harmful to the security, honour or interests of their country.
CHAPTER II EXIT FROM THE COUNTRY
Article 5. Chinese citizens who desire to leave the country for private purposes shall apply to the public security organs of the city or county in which their residence is registered. Approval shall be granted except in cases prescribed in Article 8 of this Law.
The public security organs shall decide, within a specified time, whether to approve or disapprove the citizens' applications for leaving the country for private purposes, and shall notify the applicants accordingly.
Article 6. In the case of Chinese citizens leaving the country on official business, the units sending them abroad shall apply to the Ministry of Foreign Affairs or the local foreign affairs department authorized by the Minister for the citizens' exit certificates and acquire the certificates for them.
Article 7. In the case of seamen leaving the country to perform their duties, the Bureau of Harbour Superintendence or a harbour superintendent authorized by the Bureau shall acquire the exit certificates for them.
Article 8. Approval to exit the country shall not be granted to persons belonging to any of the following categories:
(1) defendants in criminal cases or criminal suspects confirmed by a public security organ, a people's procuratorate or a people's court;
(2) persons who, as notified by a people's court, shall be denied exit due to involvement in unresolved civil cases;
(3) convicted persons serving their sentences;
(4) persons undergoing rehabilitation through labour; and
(5) persons whose exit from the country will, in the opinion of the competent department of the State Council, be harmful to state security or cause a major loss to national interests.
Article 9. The frontier inspection offices shall have the power to stop persons belonging to any of the following categories from leaving the country and to deal with them according to law:
(1) holders of invalid exit certificates;
(2) holders of exit certificates other than their own; and
(3) holders of forged or altered exit certificates.
CHAPTER III ENTRY INTO THE COUNTRY
Article 10. Chinese citizens residing abroad who desire to return to China for permanent residence shall complete the relevant procedures at the Chinese diplomatic missions, consular offices or other agencies located abroad that are authorized by the Ministry of Foreign Affairs, or at the public security organs of the relevant provinces, autonomous regions, or municipalities directly under the Central Government.
Article 11. After their entry into China, Chinese citizens who have come for permanent residence or employment shall register for prolonged residence in accordance with the provisions for the administration of residence. Those who have entered for a temporary stay shall register for temporary residence in accordance with the same provisions.
CHAPTER IV ADMINISTRATIVE ORGANS
Article 12. Passports for Chinese citizens going abroad on official business shall be issued by the Ministry of Foreign Affairs or by the local foreign affairs departments authorized by the Ministry. Seamen's papers shall be issued by the Bureau of Harbour Superintendence or a harbour superintendent authorized by the Bureau. Passports for Chinese citizens going abroad for private purposes shall be issued by the Ministry of Public Security or by local public security organs authorized by the Ministry.
Passports and certificates which Chinese citizens apply for abroad shall be issued by the Chinese diplomatic missions, consular offices or other agencies located abroad authorized by the Ministry of Foreign Affairs.
Article 13. The Ministry of Public Security, the Ministry of Foreign Affairs, the Bureau of Harbour Superintendence and other agencies that issue passports and certificates shall have the power to cancel passports and certificates issued by them or by their authorized agencies, or to declare such passports and certificates invalid.
CHAPTER V PENALTIES
Article 14. Any person who, in violation of the provisions of this Law, leaves or enters the country illegally, forges or alters an exit or entry certificate, uses another person's certificate as his own or transfers his certificate may be given a warning or placed in detention for not more than ten days by a public security organ. If the circumstances of the case are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the Law.
Article 15. If a citizen subject to the penalty of detention by a public security organ refuses to accept the penalty, he may, within 15 days of receiving notification, appeal to the public security organ at the next higher level, which shall make the final decision; he may also directly file a suit in the local people's court.
Article 16. Where a state functionary charged with implementing this Law takes advantage of his position and power to extort and accept bribes, he shall be punished according to the criminal Law of the People's Republic of China and the Decision of the Standing Committee of the National People's Congress Regarding the Severe Punishment of Criminals who Seriously Undermine the Economy. If he has committed any other act involving violation of the Law and dereliction of duty which is serious enough to constitute a crime, his criminal responsibility shall be investigated according to the relevant provisions of the Criminal Law of the People's Republic of China.
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 17. Control measures governing Chinese citizens' travels to and from the Hongkong or the Macao region shall be separately formulated by the relevant departments of the State Council.
Article 18. Transitory exit from and entry into China by Chinese citizens residing in areas bordering on a neighbouring country shall be handled according to any relevant agreements between the two countries or, in the absence of such agreements, according to the relevant provisions of the Chinese Government.
The exit and entry of crews of transnational trains, crews of civil aviation planes operating international flights and the railway functionaries working in China's border areas shall be handled according to relevant agreements and provisions.
Article 19. The Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Communications shall, pursuant to this Law, formulate rules for its implementation, which shall go into effect after being submitted to and approved by the State Council.
Article 20. This Law shall go into effect as of February 1, 1986.
NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA Article 1. This Law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China.
Article 2. The People's Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality.
Article 3. The People's Republic of China does not recognize dual nationality for any Chinese national.
Article 4. Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.
Article 5. Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.
Article 6. Any person born in China whose parents are stateless or of uncertain nationality and have settled in China shall have Chinese nationality.
Article 7. Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications:
(1) they are near relatives of Chinese nationals;
(2) they have settled in China; or
(3) they have other legitimate reasons.
Article 8. Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality.
Article 9. Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.
Article 10. Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications:
(1) they are near relatives of foreign nationals;
(2) they have settled abroad; or
(3) they have other legitimate reasons.
Article 11. Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application.
Article 12. State functionaries and military personnel on active service shall not renounce Chinese nationality.
Article 13. Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications for restoration of Chinese nationality have been approved shall not retain foreign nationality.
Article 14. Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of the cases provided for in Article 9, shall go through the formalities of application. Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives.
Article 15. Nationality applications at home shall be handled by the public security bureaus of the municipalities or counties where the applicants reside; nationality applications abroad shall be handled by China's diplomatic representative agencies and consular offices.
Article 16. Applications for naturalization as Chinese nationals and for renunciation or restoration of Chinese nationality are subject to examination and approval by the Ministry of Public Security of the People's Republic of China. The Ministry of Public Security shall issue a certificate to any person whose application has been approved.
Article 17. The nationality status of persons who have acquired or lost Chinese nationality before the promulgation of this Law shall remain valid.
Article 18. This Law shall come into force on the day of its promulgation. NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA Article 1. This Law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China.
Article 2. The People's Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality.
Article 3. The People's Republic of China does not recognize dual nationality for any Chinese national.
Article 4. Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.
Article 5. Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.
Article 6. Any person born in China whose parents are stateless or of uncertain nationality and have settled in China shall have Chinese nationality.
Article 7. Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications:
(1) they are near relatives of Chinese nationals;
(2) they have settled in China; or
(3) they have other legitimate reasons.
Article 8. Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality.
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