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EEAL 62, 63, 64; Repatriation

Reliant Team Reliant 睿来 2023-01-03

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The following provisions of the Exit and Entry Administration Law of the Peoples Republic of China (EEAL) detail stipulation around repatriation. Repatriation is the second most serious of the three types of removal. It is more serious than being ordered to leave within a prescribed time, but less serious than deportation.


Article 62 - Circumstances for Repatriation 


Under any of the following circumstances, foreigners may be repatriated:


(1) Are ordered to exit China within a prescribed time limit but fail to do so;

(2) Are involved in circumstances in which they are not allowed to enter China;

(3) Illegally reside or work in China; or

(4) Need to be repatriated for violation of this Law or other laws or administrative regulations.


Other overseas personnel who fall under any of the circumstances prescribed in the preceding paragraph may be repatriated in accordance with the law.


Repatriated persons shall not be allowed to enter China for one to five years, calculating from the date of repatriation.


第六十二条 


外国人有下列情形之一的,可以遣送出境:


(一)被处限期出境,未在规定期限内离境的;

(二)有不准入境情形的;

(三)非法居留、非法就业的;

(四)违反本法或者其他法律、行政法规需要遣送出境的。


其他境外人员有前款所列情形之一的,可以依法遣送出境。


被遣送出境的人员,自被遣送出境之日起一至五年内不准入境。


Article 63 - Detentions for Repatriation 


Persons who are detained for investigation or who are to be repatriated upon decision but cannot be repatriated promptly shall be held in custody in detention houses or places of repatriation.


第六十三条 


被拘留审查或者被决定遣送出境但不能立即执行的人员,应当羁押在拘留所或者遣返场所。


Article 64 - Administrative Reconsideration 


Foreigners dissatisfied with the measure imposed on them in accordance with this Law, such as continued interrogation, detention for investigation, movement restriction or repatriation, may apply for administrative reconsideration in accordance with the law, and the administrative reconsideration decision shall be final.


Where other overseas personnel dissatisfied with the decision of repatriation imposed on them in accordance with this Law apply for administrative reconsideration, the provisions in the preceding paragraph are applicable.


第六十四条 


外国人对依照本法规定对其实施的继续盘问、拘留审查、限制活动范围、遣送出境措施不服的,可以依法申请行政复议,该行政复议决定为最终决定。


其他境外人员对依照本法规定对其实施的遣送出境措施不服,申请行政复议的,适用前款规定。


EEAL - Exit and Entry Administration Law of the Peoples Republic of China

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


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This article is the author's original, non-profit work product. The original author and publishing information must be retained in any reproductions. For commercial use, please contact the author: info@reliant.org.cn.


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