Stay and Residence of Foreigners

Article 39

Whenever foreigners stay at a hotel in China, the hotel shall register their stay in accordance to the regulations issued by the Public Security Administration of the hotel industry. The registration information of foreigners’ accommodation must also be submitted to the Public Security Bureau in charge of the area where the hotel is located.

 

Foreigners who reside or stay at a place of residence other than a hotel must register themselves or be registered by their host within 24 hours after their arrival in China. They must go through all registration formalities at the Public Security Bureau in charge of the area where their place of residence is located.

 

In case of non-compliance with registration regulations, Law Article 76 stipulates that a warning be given, and a fine of not more than 2,000 CNY may be imposed, as the case may be.

Article 37

Foreigners who stay or reside in China shall not engage in activities not corresponding to the intended purpose of stay or residence, and shall exit China prior to the expiry date of their stay permit or residence permit.

For instance, a foreigner shall be deemed to be residing in China illegally if:


  (1) this person’s stay or residence exceeds the duration specified in his or her visa, stay permit or residence permit.
  (2) this person overstays the visa-free period and fails to obtain a stay permit or residence permit.
  (3) the activities of this person go beyond the intended purpose of stay or residence.
        (4) Any other circumstances considered as residing illegally in China by PRC law.

Article 78

Foreigners who reside illegally in China shall be given a warning. When circumstances are deemed serious, they shall be fined 500 CNY per day, with a maximum fine of 10,000 CNY, or be detained for 5 to 15 days.

 

If a child below 16 years old is residing illegally in China because the legal guardians or other obligated persons failed to perform their obligations, the said guardians or other obligated persons shall be given a warning and may be fined up to 1,000 CNY.