Public Security Department of Guangdong
Province Entry and Exit Control Service Net
       
 
 
 
 
 
 
 
 
 
 
 
Penalties to those who have violated the Law of the People’s Republic of China on Entry and Exit of Aliens
English->Work Transparency
2004-01-16 13:05:48

China is a country that practices the rule of law. Friends all over the world are welcome to tour or do business in China. We hope that you will all respect Chinese laws. Violators of Chinese laws will be penalized in accordance with the relevant laws and regulations. According to provisions in the Law of the People's Republic of China on Entry and Exit of Aliens, and those in the Rules Governing the Implementation of this law, the public security organs may take varied penal measures against the violators of the law, such as: warning, fine, detention, withdrawing the resident status, shortening the period of stay, ordering the offender to leave China within a specified time, and deportation.
 
Those who are unable to pay a fine may be subjected to detention instead.
Whoever out of force majeure acts in contravention f the Law on the Entry and Exit  and the present Rules may be exempted from penalties

1.  Aliens who illegally enter or exit China may be fined from 1,000 to 10,000 yuan (RMB) or detained from 3 to 10 days and may simultaneously be ordered to leave the country within a specified time or expelled from the country. Those whose offences are serious enough to constitute a crime shall be prosecuted for criminal responsibility according to law.

2.  Aliens who illegally stay in China in contravention of the provisions of Articles 16, 19 and 20 of the present Rules may be served a warning, fined 500 yuan per day for the period of his / her illegal stay in China with the total sum of fine not exceeding 5,000 yuan, or detained at the same time be ordered to leave the country within a specified time.

3. Illegal employment
  (1) Aliens who found employment without permission shall have their posts or employment terminated and may at the same time be fined up to 1,000 yuan, and those whose offences are serious may at the same time be ordered to lave the country within a specified time.
  (2) Units and individuals who employ aliens without permission shall terminate employment of the said aliens and may at the same time be fined from 5,0000 yuan, and be ordered to cover all the expenses of repatriating  the aliens whom they had employed.

4. Aliens who travel to areas closed to aliens without prior permission may be served a warning or fined up to 500 yuan, and those whose offences are serious may at the same time be ordered to leave the country within a specified time.

5. Aliens who fail to register for accommodation will receive a warning or a fine of 50 to 500 yuan.
 
6. Aliens who have violated the regulations on document management will receive a warning or a fine of up to 500 yuan and those who offences are serious may be ordered to leave China within a specified time.
 
7. Aliens who forge, alter, misuse, transfer, buy or sell visas or certificates shall have the said visas, certificates and illicit income revoked or confiscated and may be fined from 1,0000to 10,000 yuan or detained from 3 to 10 days, and may at the same time be ordered to leave the country within a specified time, and those whose offences are serious enough to constitute a crime shall be prosecuted for their criminal responsibility according to law.

8. Aliens who have illegally entered and stayed in China, or are suspected of seriously violating regulations or committing crimes, may be detained by the public security organ for questioning.

9. Penalties such as fines and detention shall also apply to persons held responsible for assisting aliens to enter or leave China illegally, or causing aliens to reside or stay illegally in China.

If an alien being fined or detained by a given by a public security organ refuses to accept such penalty, he/she may demand public hearing, file an appeal or take legal action.
1. Public hearing: A person being fined more than 6000 may demand a public hearing.
2. Appeal: If an alien being fined or detained by a public security organ refuses to accept such penalty, he/she may, within 15 days of receiving notification, appeal to the original adjudication organ or directly to the next higher public security organ, which shall make the final judgment within 15 days of receiving the appeal. However, he/she shall not take the same case to the court.
If a foreigner being fined or detained by a public security organ refuses to accept the penalty, he/she may ask for a public hearing, or file an appeal or lawsuit.
3. Lawsuit: The person being penalized may, within 15 days after receiving the notification, also file a suit directly with a local people's court.

Web correlation
 
2002 All rights reserved by Entry and Exit Administration,
Public Security Department of Guangdong Province
With technical support form ePRO Computer System (Guangzhou)
Reproduction in any form is prohibited.Offenders will be prosecuted