Reliant on the Law: Do you have to carry your passport?

Click "Reliant 睿来" to follow us!

As an adult foreigner in China, the law is clear:  you are required to carry your passport unless it is at the Entry Exit Administration (EEA) for processing of a visa, residence permit, or stay permit. If that is the case, the receipt you get from the EEA allows you to legally stay in China. It should also allow to travel, but it is best to also have clear color copies (copies are still visible if your phone battery goes dead or your phone goes missing) of your passport information page and your most recent residence permit, visa, or stay permit. Also note, that the legal requirement to carry you passport is good reason why you should not give it to anyone except a government official, and why you should keep the EEA receipt. For more on good “document hygiene” read “Can your employer keep your work permit card?”

EEAL (Exit Entry Administration Law)

Article 38 

Foreigners having reached the age of 16 who stay or reside in China shall carry with them their passports or other international travel documents, or foreigners’ stay or residence permits, and accept the inspection of public security organs.

Foreigners who reside in China shall, within the prescribed time limit, submit foreigners’ residence permits to public security organs under local people’s governments at or above the county level in the places of residence for examination

 第三十八条 

年满十六周岁的外国人在中国境内停留居留，应当随身携带本人的护照或者其他国际旅行证件，或者外国人停留居留证件，接受公安机关的查验。

在中国境内居留的外国人，应当在规定的时间内到居留地县级以上地方人民政府公安机关交验外国人居留证件。

Entry Exit Administration Law

http://english.www.gov.cn/archive/laws_regulations/2014/09/22/content_281474988553532.htm

中华人民共和国出境入境管理法

http://www.gov.cn/flfg/2012-06/30/content_2174944.htm

- - -

RAEEF (Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners)

Article 13

Where a foreigner’s application for extension, change or reissuance of a visa, or for a stay permit, meets the acceptance provisions, the exit and entry administration authority of the public security organ shall issue a receipt of acceptance valid for a period of time not exceeding 7 days, and make a decision on whether to issue the visa within the validity period of the receipt of acceptance.

Where the procedures followed or material submitted by a foreigner for extension, change, or reissuance of a visa or for issuance of a stay permit does not conform to relevant provisions, the exit and entry administration authority of the public security organ shall, in a one-off manner, notify the applicant of the procedure(s) to be followed and the material to be supplemented and corrected.

During the period of time when the applicant’s passport or other international travel documents are retained for processing his or her application for a visa or permit, the applicant may stay in China legally on the strength of the receipt of acceptance.

第十三条　

外国人申请签证延期、换发、补发和申请办理停留证件符合受理规定的，公安机关出入境管理机构应当出具有效期不超过7日的受理回执，并在受理回执有效期内作出是否签发的决定。

外国人申请签证延期、换发、补发和申请办理停留证件的手续或者材料不符合规定的，公安机关出入境管理机构应当一次性告知申请人需要履行的手续和补正的申请材料。

申请人所持护照或者其他国际旅行证件因办理证件被收存期间，可以凭受理回执在中国境内合法停留。

Article 18 

Where a foreigner’s application for a residence permit or for extension, change or reissuance of a residence permit meets the acceptance provisions, the exit and entry administration authority of the public security organ shall issue a receipt of acceptance valid for a period not exceeding 15 days, and make a decision on whether to issue the visa within the validity period of the receipt of acceptance.

Where the procedures followed or material submitted by a foreigner for a residence permit or for extension, change or reissuance of a residence permit does not conform to relevant provisions, the exit/entry administration authority of the public security organ shall, in a one-off manner, notify the applicant of the procedure(s) to be followed and the material to be supplemented and corrected.

During the period of time when the applicant’s passport or other international travel documents are retained for processing his or her application for a residence permit, the applicant may reside in China legally on the strength of the receipt of acceptance.

第十八条　

外国人申请居留证件或者申请居留证件的延期、换发、补发符合受理规定的，公安机关出入境管理机构应当出具有效期不超过15日的受理回执，并在受理回执有效期内作出是否签发的决定。

外国人申请居留证件或者申请居留证件的延期、换发、补发的手续或者材料不符合规定的，公安机关出入境管理机构应当一次性告知申请人需要履行的手续和补正的申请材料。

申请人所持护照或者其他国际旅行证件因办理证件被收存期间，可以凭受理回执在中国境内合法居留。

Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners

http://english.www.gov.cn/archive/laws_regulations/2014/09/22/content_281474988553545.htm

中华人民共和国外国人入境出境管理条例

http://www.gov.cn/zwgk/2013-07/22/content_2452453.htm

Reliant Services

Reliant Legal Consulting Ltd. provides solutions for labor disputes, work permit problems, and residence permit, visa, and stay permit issues. Contact us for more information:

WeChat ID:  Reliant-CN 

E-mail: [e-mail]

---

Reliant’s Official Wechat account: ReliantInfo

Main Articles

Explains why giving 30 days notice is usually not the best way to quit your job

Explains several important factors in China labor disputes

Explains why you don’t have a “work visa,” what you do have, and how you got it

Explains how to negotiate in a China labor dispute

Explains pay during the pandemic and force majeure

Explains pay during the pandemic and force majeure in English and Chinese

Explains the 60 day automatic visa/RP extension and the differences between visas, residence permits, and stay permits

Explains work and pay options for those stuck outside China

Reliant on the Law


Wages in a work stoppageExplains how wages should be paid during pandemic work stoppages and other work stoppages that are not the fault of the workers.
Explains why a Z visa does not make it legal to work in China as a “foreigner” and what does.
Work Permit is Proof of Labor RelationshipExplains that a contract is not enough to form a legal labor relationship for foreigners in China

Explains who should keep the work permit card and other documents with practical tips on managing your important work related documents.

Explains aspects of the law around release documents

Explains law around terminating labor contracts

Explains law around severance pay 

Explains why you usually do not have to pay any penalty to end a labor contract

Explains which days off are actually holidays, which are shifted rest days, and what this means for your pay.