Public Security Department of Guangdong
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Combating the crime of obtaining entry/exit documents by fraud
English->Law-forbidden activities related with entry and exit->It is forbidden to obtain entry/exit documents by fraud
2004-01-16 13:05:48

Article 319 of People's Republic of China Criminal Law: Whoever, in the name of export of labor service, economic exchange, trade, etc., practices fraud to obtain the passport, visa or other exit certificates for the purpose of helping other persons to illegally cross the national border (frontier) shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed- term imprisonment of not less than three years but not more than 10 years and shall also be fined.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the preceding paragraph.

Article 2 of Supplementary Decisions Enacted by the Standing Committee of the National People's Congress Regarding the Punishment of Criminals Who Organize and Transport Other Persons to Illegally Cross the National Border (Frontier): Whoever, in the name of exporting labor service, economic exchange, trade, etc., practices fraud to obtain passport, visa or other exit certificates for the purpose of helping other persons to illegally cross the national border (frontier) shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined; if the circumstances are serious, he shall be punished pursuant to Article 1 of the presents Decisions.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the offence shall be punished pursuant to Article 1 of the present decisions.

Article 25 of Rules Governing the Implementation of the Law of the People's Republic of China on Entry and Exit of Aliens: Whoever obtains exit/re-entry certificates by fabricating information, submitting false papers or giving bribes, in the case of a not so serious offence, will be given a warning or detained for not longer than 5 days; in a serious case, which constitutes a criminal act, the offender shall be brought to justice pursuant to relevant articles of People's Republic of China Criminal Law and Supplementary Decisions Enacted by the Standing Committee of the National People's Congress Regarding the Punishment of Criminals Who Organize and Transport Other Persons to Illegally Cross the National Border (Frontier)

Article 13 of Provisional Regulations Regarding Chinese Citizens' Travels to the Hong Kong and Macao Regions for Personal Affairs: Applications from mainland residents for permission to go to Hong Kong or Macao, who come under the following categories, shall not be approved:
(I) Those who fit in with provisions in Article 8 of Law of the People's Republic of China on Exit and Reentry of Chinese Citizens;
(II) Those who do not fit in with provisions in Articles 7 and 8 of the present Regulations.
(III) Those who cheat the entry/exit division of public security organs by fabricating information, and submitting false papers.

Article 15 of Provisional Regulations Regarding Chinese Citizens' Travels to the Hong Kong and Macao Regions for Personal Affairs: Applicants who come under the following categories shall not be granted a Permit for Hong Kong and Macao Compatriots to Travel in the Mainland or Entry/Exit Permit:
(I) Those who are believed to be likely to commit such crimes as robbery, larceny, and drug trafficking;
(II) Those who fabricate information and submit false papers;
(III) Those who are mentally ill.

Article 28 of Provisional Regulations Regarding Chinese Citizens' Travels to the Hong Kong and Macao Regions for Personal Affairs: Whoever has obtained Hong Kong and Macao Travel Permit, Permit for Traveling to Hong Kong and Macao, or Permit for Hong Kong and Macao Compatriots to Travel in the Mainland by fabricating information, submitting false papers or bribing, if the offence is not serious, shall be detained for not longer than 5 days; in a serious case, which constitutes a criminal act, the offender shall be brought to justice in accordance with relevant articles of People's Republic of China Criminal Law.

Article 12 of Regulations Regarding Chinese Citizens' Travels to the Taiwan Region: Applications for permission to go to the Taiwan region from applicants who come under the following categories shall not be approved:
(I) The defendant or suspect of a criminal case;
(II) Those who, by instruction from a people's law court, cannot leave China owing to some unsettled lawsuit;
(III) Those who have not served the full term of their imprisonment;
(IV) Those who are under rehabilitation through labor;
(V) Those whose exit from China, the competent department of the State Council believes, will do great harm to the security and interest of the state;
(VI) Those who cheat by fabricating information and submitting false papers.

Article 22 of Regulations Regarding Chinese Citizens' Travels to the Taiwan Region: Applications for permission to come the mainland by Taiwan residents shall not be approved if the applicants:
(I) Are believed to have committed crimes;
(II) May, it is believed, engage in activities harmful to the state's security and interests after entering the mainland;
(III) Are believed to have cheated by fabricating information or submitting false papers;
(IV) Are suffering from mental illnesses or serious contagious diseases, with the exception of those who have to come to the mainland for medical treatment or other unusual purposes.

Article 31 of Regulations Regarding Chinese Citizens' Travels to the Taiwan Region: If the holder of a permit for a mainland resident to travel in Taiwan or for a Taiwan resident to travel in the mainland comes under the categories mentioned in Article 12 and 22, then his/her travel permit shall be withdrawn or nullified.

Article 31 of Regulations Regarding Chinese Citizens' Travels to the Taiwan Region: Those who have obtained their travel permits by fabricating information, submitting false papers or giving bribes shall be, besides being punished in accordance with Article 25 of Rules Governing the Implementation of the Law of the People's Republic of China on Entry and Re-entry of Chinese Citizens, given a fine of 100 to 500 yuan RMB, or a fine and other punishment. Within 6 months after the completion of the punishment, applications for entry or exit by these persons will not be accepted.

Article 36 of Regulations Regarding Chinese Citizens' Travels to the Taiwan Region: In the case of an organization, social body, enterprise or institution obtaining travel documents for the applicant, this unit shall temporarily be stripped of its right to do so; if the case is a serious one, the organization in question will forfeit this right. Persons who are directly responsible for the offence shall be punished in accordance with Article 25 of Rules Governing the Implementation of the Law of the People's Republic of China on Entry and Re-entry of Chinese Citizens, and shall receive a fine of 500 to 1000 yuan RMB, which may be combined with other punishment.

Article 40 of Regulations Regarding Chinese Citizens' Travels to the Taiwan Region: In case Taiwan residents traveling in the mainland have violated the present Regulations or other regulations, or committed other crimes, besides giving them the punishment laid down in the present Regulations and other laws and regulations, the public security organ shall have the power to shorten their stay in the mainland, order them to leave the mainland within a specified time, or deport them. Those who come under the categories mentioned in Article 22 of the present Regulations shall immediately be deported.

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