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

  Article 25 In one of the following circumstances, a foreigner shall be deemed to be residing in China illegally:   (1) […]

  Article 25 In one of the following circumstances, a foreigner shall be deemed to be residing in China illegally:

  (1) The applicant’s stay or residence exceeds the duration specified in his or her visa, stay permit or residence permit;

  (2) The applicant overstays the visa-free period and fails to obtain a stay permit or residence permit;

  (3) The activities of the applicant go beyond the restricted area of stay or residence; or

  (4) Other circumstances where foreigners reside illegally.

  Article 26 Upon discovery of one of the following circumstances, the entity that employs a foreigner or admits a foreign student shall, in a timely manner, report to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level:

  (1) A foreigner employed resigns or changes employment location;

  (2) A foreign student admitted has graduated, completed his or her course(s) or study, has quit school, or has left the school ungraduated;

  (3) A foreigner employed or a foreign student admitted violates the provisions on administration of exit and entry; or

  (4) A foreigner employed or a foreign student admitted dies, disappears or other serious circumstances arise.

  Article 27 Where necessary, finance, education, medical, telecommunications or other entities may, for business purposes, apply to the exit and entry administration authority of the public security organ for verifying the information of a foreigner’s identity.

  Article 28 The stay or residence permits for foreigners who need to stay or reside in China for diplomatic or official purposes shall be issued and administered in accordance with the provisions of the Ministry of Foreign Affairs.

  Chapter Ⅴ Investigation and Repatriation

  Article 29 Public security organs may establish places for repatriation in light of actual needs.

  A foreigner who is to be detained for investigation in accordance with the provisions of Article 60 of the Exit and Entry Administration Law shall be sent to a detention house or a place of repatriation within 24 hours of his or her detention.

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