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N̶o̶ Foreigners Allowed!

Marian 岳玫瑰 我是凡一 2022-10-31

Some of the many rules and public service announcements you may see posted at lower cost hotels


I am a translator. The company I work for—the company I own—is a translation agency. We do translation.


I say this because I want to make clear that I am not a travel agency and my company is not in the tourism business.


I do, however—since midway through last summer—offer a service helping foreign nationals with travel in China.


Specifically, I help with two things:

1) Assisting people who aren't confident at their ability to speak Chinese on the phone at finding out the most up to date Covid related travel restrictions their destination has for people from their current location; and,

2) Ensuring that foreigners' hotel check-in will proceed smoothly without any of the "we don't meet the qualifications to take foreigners" nonsense or lies about new local regulations.


This year, the police were involved at some point in 1 out of every 3 places I stayed


The decision to start this service came on the heels of the most absurd rejection I have received in the more than 20 years I have lived in China.


Without going too far into the background details of why I had just spent two hours in the front seat of the only police cruiser belonging to a small town from the Taihang Mountains, we pulled up to the only hotel in Neiqiu County to publicly list themselves on the online booking sites as “we take foreigners”.


We were here because the town whose police car I was in didn’t so much as not have any hotels which could “take foreigners” as it had “no hotels with currently valid business licenses” and, once the police had gotten involved in my lodging situation, they couldn’t turn a blind eye to my staying some place that wasn’t supposed to be operating at all.


Something about indoor plumbing now being a requirement to have a business license


This hotel—which the Exit and Entry Administration explicitly sent us to as a place "experienced in taking foreigners"—was located the opposite direction from where I wanted to go. As a result, I'd initially negotiated a trip to the next town on my route (only for us to find that the boss of their one and only licensed hotel had already gone home to bed and wasn't interested in coming back for a lone customer).


Arriving here, we pulled my bike out of the trunk of their cruiser and left it parked - red and blue flashing lights still running - in front of the hotel entrance. Enough stuff had already gone pear-shaped that day that I insisted—ridiculous though they thought I was being—on the police coming in with me.


The not open hotel


It's a good thing I did as the first words out of the Front Desk's mouth when she saw me were: “I’m sorry, but we don’t have the license to take foreigners”.


"Don’t be silly," the one uniformed officer said "the license to take foreigners stopped existing in 2003”, followed by the other with “this is where the government told us to take her."


 Front seat of a police car is infinitely better than the back


It would take another hour, and I would still need to go behind the front desk to check myself in on account of my being the only person present who knew how to select the “foreigner” menu item off of the drop down list on the Hotel Guest Registration System, but I eventually got myself checked in.


The same as Chinese people, foreigners need to be registered when we stay at a hotel in China. The same as Chinese people, we are registered on an online system provided by the Public Security Bureau. In all ways that matter, the only difference between a foreign hotel guest's registration and a Chinese one's is that our information must be entered manually instead of with the automagic wave of an ID card at a scanner.


Other than it being a convenient excuse that saves face better than admitting "I don't know how to do that", there is no discernible rhyme or reason behind a hotel saying “we don’t have the license to take foreigners”.


Checking myself in at the supposedly "trained" hotel


I know of a pre-Covid situation where a German girl (staying in a dorm room of a hostel whose front desk had sworn til they were blue in the face that “we can’t take you” to the point of her calling the police on them) woke up the next morning to the sound of her native language being spoken by the other foreigners already staying in the same room.


Although there are certain trends and regional indicators, whether or not you will be rejected bears no relationship to the hotel being listed on the booking platforms as “does” or “does not” take foreigners; whether or not a foreigner stayed there last year; whether or not you stayed there last week; the price of the hotel; if the hotel is a nationwide chain; or, what the prevailing Covid restrictions are.


The police station refused to believe that I already knew how to use the registration system. If they hadn't stopped to print off a cheatsheet, they might have arrived before I finished entering everything.


As best I can tell, "no foreigners" is entirely at the whim of the person currently on duty at the front desk; or, if they’ve called the police to ask “how do I register my foreign guest?”, the whim of a local officer who either doesn’t know what he’s talking about or can’t be bothered to figure things out because he thinks the paperwork will be too much of a hassle.


I used to tell people to book with Trip.com as the only way to be listed on their English-language, foreigner-facing platform was to explicitly tell them “we take foreigners” and, if they decided not to take you, you could make the problem the hotel illegally created for you into a problem for the platform’s English speaking Customer Service staff.


Unfortunately, after a year or so of an increasing number of foreigners forcing Trip into honoring their bookings by upgrading them to a different hotel at Trip’s expense, Trip’s Customer Service has doubled down on supporting the hotels at making shit up and now makes this an unpleasant experience that may go on up through multiple levels of escalation.


You'd think the prominent poster with the information about foreigner check in would help with getting the front desk staff to understand that foreigners can be checked in, wouldn't you?


Therefore, even though I’m not a travel services company, I’m offering a service to help foreigners with this garbage.


100y to call all the government hotlines for your destination and confirm what the current Covid restrictions are on people coming from your current location.

150y to call all the relevant government offices and hotlines to confirm both that you aren't trying to visit a Closed Area and that the place you are trying to visit still doesn't have any regulations regarding foreigners. This will be followed by a call to your already booked hotel to politely inform them just how much trouble they will find themselves in if they dare to think of doing anything other than honoring your reservation.

100y for each additional hotel on the same trip.


Because not all offices pick up their phones, people who want this service really need to contact us at least two business days in advance.


They wouldn't let me behind the desk so I had to lean way over in order to tell them what to do


Understand that once you find yourself standing at the Front Desk being rejected, you don’t really have many choices left beyond either accepting it or yelling at them until they see the error of their ways. As someone who frequently resorts to this astonishingly effective technique and has gotten a lot of great bar stories to tell her friends from it, this can also be a real mood killer and—at least until it's the third or fourth hotel in a row—you may just want to walk away.


For those of you who are very confident of your Chinese language skills and who would like to explore options other than paying my company to do this for them, I’m happy to provide tips, tricks, and guidance.


Checking myself in


My business is translation. Although anything that involves bridging the cultural gap of languages falls under the umbrella of translation, this particular travel service exists not because I want your money but because I’m righteously annoyed.


Attached, in chronological order, are all the Chinese laws on foreigners staying at hotels.



旅馆业治安管理办法
Public Security Management Law for the Hotel Industry 

(1987年9月23日国务院批准
1987年11月10日公安部发布
根据2022年3月29日《国务院关于修改和废止部分行政法规的决定》第三次修订)

(Approved by the State Council on September 23, 1987

Issued by the Ministry of Public Security on November 10, 1987

Revised on March 29, 2022 according to the Decision of the State Council on Amending and Abolishing Certain Administrative Regulations


第二条 凡经营接待旅客住宿的旅馆、饭店、宾馆、招待所、客货栈、车马店、浴池等(以下统称旅馆),不论是国营、集体经营,还是合伙经营、个体经营、外商投资经营,不论是专营还是兼营,不论是常年经营,还是季节性经营,都必须遵守本办法。
Article 2 All hotels, restaurants, guesthouses, inns, roominghouses, truck stops, motels, and bathhouses (hereinafter collectively referred to as ‘hotels’) that provide accommodation for travelers (inclusive of those which are state-run, collectively-run, partnerships, privately owned, and foreign-invested; those which are directly operated franchises or subsidiaries; and, those which operate both year-round and seasonally) must abide by these measures.

The cheaper the place is, the less likely you are to run into problems

第六条 旅馆接待旅客住宿必须登记。登记时,应当查验旅客的身份证件,按规定的项目如实登记。
Article 6 Hotel guests must be registered. When registering a hotel guest, their identity documents should be checked, and they should be truthfully registered according to the content.

接待境外旅客住宿,还应当在24小时内向当地公安机关报送住宿登记表。
When receiving foreign guests, their accommodation registration form should also be submitted to the local public security organ within 24 hours.



《中国旅游饭店行业规范》
"China Tourism Hotel Industry Specifications"

中国旅游饭店业协会
2002年5月1日

China Tourism Hotel Association

May 1, 2002


《规范》总共11章43条,涉及饭店预订、等级、入住、饭店消费、保护客人的人身和财产安全、保护客人贵重物品、保护客人一般物品、洗衣物品、停车场管理等内容,明确规定了饭店的权利和义务。
These Specifications have a total of 43 articles across 11 chapters and cover hotel reservation, hotel grading, check-in, sales of services at hotels, the safety of guests’ and their property, the protection of guests’ valuables and general items, laundry, parking lot management, and the rights and obligations of hotels.

 I've had cups of coffee that cost more than this room

《规范》主旨是:倡导诚实守信,强化饭店对客人的承诺,维护客人和饭店的合法权益;规范企业经营活动,维护企业经营秩序;引导饭店按国际规则办事,使饭店经营更加符合国际惯例;逐步建立饭店行业的信誉和行业规范体系。
The main purpose of these Specifications is to advocate honesty and trustworthiness, to strengthen hotels’ commitment to guests, to safeguard the legitimate rights and interests of guests and hotels; to regulate business activities, to maintain the order of business operations; to guide hotels to act according to international rules, to make hotel operations more in line with international practices; and, to gradually establish a reputable and standardized hotel industry system.

第二条
Article 2
旅游饭店包括在中国境内开办的各种经济性质的饭店,含宾馆、酒店、度假村等(以下简称为饭店)。
Inclusive of guesthouses, hotels, and resorts (all of the above to hereinafter be referred to as “hotels”), tourist hotels within the territory of China include hotels of various economic nature and scope.

The higher cost cheap hotels are often cleaner than the lower cost expensive hotels

第三条
Article 3
饭店应当遵守国家有关法律、法规和规章,遵守社会道德规范,诚信经营,维护中国旅游饭店行业的声誉。
All hotels shall abide by the nation's relevant laws, regulations and rules; shall follow social ethics; shall practice integrity in management; and shall work to maintain the good reputation of China's tourism hotel industry.

第四条
Article 4
饭店应与客人共同履行住宿合同,因不可抗力不能履行双方住宿合同的,任何一方均应当及时通知对方。双方另有约定的,按约定处理。
The agreement to provide accommodation to guests is a contract jointly entered into by the hotel and the guest. If the accommodation contract cannot be performed due to reasons of force majeure, the affected party shall promptly notify the other party. In the event that the two parties have a previous agreement for force majeure situations, they shall follow that agreement.

40y per night in 2022


第五条
Article 5
饭店由于出现超额预订而使预订客人不能入住的,饭店应当主动替客人安排本地同档次或高于本饭店档次的饭店入住,所产生的有关费用由饭店承担。
If a guest is unable to stay at a reserved hotel due to overbooking, the hotel shall take the initiative to arrange for the guest or guests to stay in a hotel of the same grade or higher, and all incurred expenses related to this shall be borne by the hotel.

第七条
Article 7
饭店在办理客人入住手续时,应当按照国家的有关规定,要求客人出示有效证件,并如实登记。
When a guest checks in to a hotel, they shall—according to relevant national regulations—present valid ID and register truthfully.

Look, a poster with the relevant rules, posted in the lobby

第八条
Article 8
以下情况饭店可以不予接待:
(一)携带危害饭店安全的物品入店者
(二)从事违法活动者;
(三)影响饭店形象者(如携带动物者);
(四)无支付能力或曾有过逃账记录者;
(五)饭店客满;
(六)法律、法规规定的其他情况。

Hotels have the right to refuse a guest under the following circumstances: 

(1) The guest is carrying dangerous or explosive goods which threaten the safety of the hotel;

(2) The guest is engaging in illegal activities;

(3) The guest is negatively affecting the image of the hotel (i.e. has animals with them);

(4) The guest has no ability to pay or has a record of evading payment; 

(5) The hotel is full;

(6) There are other law based rules or regulations preventing the hotel from accepting the guest.


Helping ayi check me in at a hotel older than I am


《中华人民共和国治安管理处罚法》
The Law of the People's Republic of China on Penalties for Administration of Public Security  
 
2006年3月1日起施行
March 1, 2006

第五十六条 旅馆业的工作人员对住宿的旅客不按规定登记姓名、身份证件种类和号码的,或者明知住宿的旅客将危险物质带入旅馆,不予制止的,处二百元以上五百元以下罚款。
Article 56 If hotel staff fail to register the name, type and number of a guest’s ID, or knowingly allows guests to bring dangerous substances into the hotel without stopping them, they shall have a fine of not less than 200 yuan but not more than 500 yuan imposed upon them. 

Not bad for 80y

  旅馆业的工作人员明知住宿的旅客是犯罪嫌疑人员或者被公安机关通缉的人员,不向公安机关报告的,处二百元以上五百元以下罚款;情节严重的,处五日以下拘留,可以并处五百元以下罚款。 
  If hotel staff know that a guest of the hotel is a suspected criminal or a person wanted by public security organs, and does not report this to said public security organs, they shall have a fine of not less than 200 yuan but not more than 500 yuan imposed upon them; and, if the circumstances are serious, they shall also be detained for a period of no more than five days. 

中华人民共和国国务院令第575号《国务院关于修改〈中华人民共和国外国人入境出境管理法实施细则〉的决定》
PRC State Council Order #575 Decision of the State Council on Amending the Implementation of the People's Republic of China Law on the Administration, Entry and Exit of Foreigners

2010年4月19日
April 19, 2010

第二十九条
Article 29
外国人在宾馆、饭店、旅店、招待所、学校等企业、事业单位或者机关、团体及其他中国机构内住宿,应当出示有效护照或者居留证件,并填写临时住宿登记表。在非开放地区住宿还要出示旅行证。
When a foreigner resides at a hotel, restaurant, inn, guesthouse, school, the office of a private enterprise or at a state owned organ or collective institution, the foreigner shall present a valid passport or residence permit and fill in the Temporary Accommodation Registration Form. If the foreigner is in a Closed Area, they must also present the accommodation with a Travel Permit.

I still maintain that my ending up in a Closed Area was the fault of the people who didn't put up signs of any sort


第三十条
Article 30
外国人在中国居民家中住宿,在城镇的,须于抵达后24小时内,由留宿人或者本人持住宿人的护照、证件和留宿人的户口簿到当地公安机关申报,填写临时住宿登记表;在农村的,须于72小时内向当地派出所或者户籍办公室申报。
When a foreigner resides in the domicile of a Chinese citizen in an urban area, they must—within 24 hours of arrival—report to the local public security organ with the foreigner’s passport and relevant certificates and the Chinese citizen’s household registration booklet, and fill in the Temporary Accommodation Registration Form; in rural areas, they must—within 72 hours of arrival—report to either the local police precinct house or the household registration office.

第三十一条
Article 31
外国人在中国的外国机构内或者在中国的外国人家中住宿,须于住宿人抵达后24小时内,由留宿机构、留宿人或者本人持住宿人的护照或者居留证件,向当地公安机关申报,并填写临时住宿登记表。
When a foreigner resides in a foreign owned institution in China or in the domicile of a foreign citizen, they must—within 24 hours of arrival—report to the local public security organ with the foreigner’s passport and/ or residence permit, and fill in the Temporary Accommodation Registration Form.

第三十二条
Article 32
长期在中国居留的外国人离开自己的住所临时在其他地方住宿,应当按本实施细则第二十九、三十、三十一条规定申报住宿登记。
Foreigners who have a domicile in China who temporarily leave this domicile to stay elsewhere shall register their accommodation in accordance with Articles 29, 30 and 31 of these Rules.

第三十三条
Article 33
外国人在移动性住宿工具内临时住宿,须于24小时内向当地公安机关申报。为外国人的移动性住宿工具提供场地的机构或者个人,应于24小时前向当地公安机关申报。
Foreigners who temporarily reside in mobile accommodations must—within 24 hours of arrival—report to the local public security organs. Institutions or individuals that provide a venue for the mobile accommodation being used by a foreigner should report to their local public security organ 24 hours prior to the foreigner’s arrival.

Surely someplace this fancy, listed online as "takes foreigners" would have staff that know how to take foreigners?

第三十四条
Article 34
外国人前往不对外国人开放的市、县旅行,须事先向所在市、县公安局申请旅行证,获准后方可前往。申请旅行证须履行下列手续:
When a foreigner intends to travel to a Closed City or County, they must apply in advance to that city or county's Public Security Bureau and may only proceed to said city or county after receiving approval. In applying for a travel permit, the following procedures are required:

(一)交验护照或者居留证件;
(二)提供与旅行事由有关的证明;
(三)填写旅行申请表。

(1) Submit the passport or residence permit for inspection;

(2) Provide proof related to the reason for travel;

(3) Fill in a Travel Application Form.


第三十五条
Article 35
外国人旅行证的有效期最长为1年,但不得超过外国人所持签证或者居留证件的有效期限。
The validity period of a Travel Permit for a Closed Area is a maximum of one year. However, it shall not exceed the validity period of the visa or residence permit held by the foreigner.

第三十六条
Article 36
外国人领取旅行证后,如要求延长旅行证有效期、增加不对外国人开放的旅行地点、增加偕行人数,必须向公安局申请延期或者变更。
After a foreigner receives a Travel Permit, should the foreigner wish to extend the Permit's validity period, expand the scope of areas, or increase the number of accompanying persons, they must apply to the Public Security Bureau for an extension or change.

I love when officialdom tries to tell me that the fairly clear "I can stay here" rules which they provided in poster form don't actually mean I can stay here"


第三十七条
Article 37
外国人未经允许,不得进入不对外开放的场所。
Without prior permission, foreigners are not allowed to enter Closed Areas.

第四十五条
Article 45
对违反本实施细则第四章规定,不办理住宿登记或者不向公安机关申报住宿登记或者留宿未持有效证件外国人的责任者,可以处警告或者50元以上、500元以下的罚款。
In the event of violations of the provisions of Chapter IV of these Rules, any person who fails to go through accommodation registration or who fails to report to local public security organs for accommodation registration or who hosts a foreigner who does not hold valid documentation shall be fined a sum not less than 50 yuan but not more than 500 yuan.

An astonishing number of places with giant posters listing the relevant documents which a foreigner can use to check in still try to say that Foreigners can't check in


第四十六条
Article 46
对违反本实施细则第三十四、三十六、三十七条规定,未经批准前往不对外国人开放地区旅行的外国人,可以处警告或者500元以下的罚款;情节严重的,并处限期出境。
In the event of violations of the provisions of Articles 34, 36 and 37 of these Rules, any foreigner found traveling to a Closed Area without prior authorization shall be subject to a warning or a fine of no more than 500 yuan; if the circumstances are serious, they may be given a fixed period of time in which to leave the country.

《中华人民共和国出境入境管理法》
People's Republic of China Exit and Entry Management Law

2012年6月30日 
June 30, 2012

第三十九条 外国人在中国境内旅馆住宿的,旅馆应当按照旅馆业治安管理的有关规定为其办理住宿登记,并向所在地公安机关报送外国人住宿登记信息。
Article 39 When foreigners reside in a hotel within Chinese territory, the hotel shall—in accordance with the public security provisions relevant to the hotel industry handle their accommodation registration and the submission of this registration information to local public security organs.

  外国人在旅馆以外的其他住所居住或者住宿的,应当在入住后二十四小时内由本人或者留宿人,向居住地的公安机关办理登记。
For foreigners who reside or stay in domiciles other than hotels, they or the persons who provide them with accommodation shall—within 24 hours of their arrival—go through local public security organs’ registration formalities.

As menu items go, in most provinces, it's not even that difficult to find


第七十六条 有下列情形之一的,给予警告,可以并处二千元以下罚款:
(一)外国人拒不接受公安机关查验其出境入境证件的;
(二)外国人拒不交验居留证件的;
(三)未按照规定办理外国人出生登记、死亡申报的;
(四)外国人居留证件登记事项发生变更,未按照规定办理变更的;
(五)在中国境内的外国人冒用他人出境入境证件的;
(六)未按照本法第三十九条第二款规定办理登记的。

Article 76 Under any of the following circumstances, a warning shall be given, with a fine of no more than 2,000 yuan also be concurrently imposed:

(1) Foreigners refuse to accept inspection of their exit/entry documents by members of public security;

(2) Foreigners who refuse to submit their residence permits for inspection;

(3) Persons concerned fail to go through the formalities for foreigners' birth registration or death declaration in accordance with relevant regulations;

(4) After a change in any one of the items registered in their residence permit, a foreigner fails to go through the formalities for altering the registration;

(5) Foreigners within Chinese territory fraudulently use others' exit and entry documents;

or (6) Persons concerned fail to go through registration formalities in accordance with the provisions in the second paragraph of Article 39 of this Law.



  旅馆未按照规定办理外国人住宿登记的,依照《中华人民共和国治安管理处罚法》的有关规定予以处罚;未按照规定向公安机关报送外国人住宿登记信息的,给予警告;情节严重的,处一千元以上五千元以下罚款。

Hotels that fail to process accommodation registration for foreigners shall be punished in accordance with the relevant provisions of the Law of the People's Republic of China on Penalties for Administration of Public Security; hotels that fail to submit foreigners' accommodation registration information to public security organs shall be given a warning; where circumstances are serious, such hotels shall be fined not less than 1,000 yuan but not more than 5,000 yuan.


Things would be so much easier if they'd just issue foreigners scannable ID cards


American translator Marian Rosenberg has spent 18 of her 20 years in China living in Hainan. Owner of Hainan #1 Translation, she is a regular translator and proofreader for the Hainan International Media Center, a translator and proofreader for the China Foreign Languages Press, and the admin of the largest foreigner-facing WeChat group in Hainan. 
美国译员岳玫瑰在中国生活了 20 年,其中 18 年在海南。身为海南凡一翻译有限公司的老板,她是海南国际传播中心的专用翻译、校对,也是中国外文出版社的英文翻译、审查,同时是海南最大外国人微信群群主。


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