(Adopted at the 20th Meeting of the Standing Committee of the Eighth National People’s Congress on July 5, 1996 and
promulgated by Order No.72 of the President of the People’s Republic of China on July 5, 1996)
Contents
Chapter I General Provisions
Chapter II Units and Individuals Allowed to Be Armed or Equipped with Guns
Chapter III Manufacture of Guns and Rationed Sale of Guns for Civilian Use
Chapter IV Everyday Control of Guns
Chapter V Transport of Guns
Chapter VI Entering and Leaving the Country with Guns
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted for the purpose of tightening control over guns, preserving public security and order and ensuring
public safety.
Article 2 This Law applies to control of guns within the territory of the People’s Republic of China.
Where other regulations are formulated by the State Council and the Central Military Commission regarding control of guns with which
the Chinese People’s Liberation Army, the Chinese People’s Armed Police Forces and the Militia are armed, those regulations shall
apply.
Article 3 The State establishes strict control over guns. All units and individuals are prohibited to possess, manufacture (alter
and assemble included), trade in, transport, lease or loan guns in violation of the provisions of laws.
The State shall severely punish any criminal act committed in violation of the control of guns. Every unit and individual has the
obligation to inform against any violations against the control of guns. The State shall protect the informant and reward the persons
who have rendered meritorious service by informing against criminal acts committed against the control of guns.
Article 4 The public security department under the State Council shall be in charge of control of guns throughout the country. Public
security organs of the people’s governments at or above the county level shall be in charge of the control of guns in their administrative
regions respectively. The public security organs of the people’s governments at higher levels shall exercise supervision over the
control of guns by the public security organs of the people’s governments at lower levels.
Chapter II
Units and Individuals Allowed to Be Armed or Equipped with Guns
Article 5 People’s policemen of the public security organs, State security organs, prisons and institutions of reeducation through
labour, judicial policemen of the People’s Courts and the People’s Procuratorates, people’s procurators who are charged with the
task of investigation of cases, and customs coast guards may, when performing their functions pursuant to law and when it is definitely
necessary for them to use guns, be armed with guns for the discharge of official duties.
Professional guards and escorts of the country’s important defence enterprises, banking institutions, storehouses and scientific
research institutions may, when performing their tasks and when it is definitely necessary for them to use guns, be armed with guns
for the discharge of official duties.
Specific measures for arming with guns for the discharge of official duties shall, in accordance with the principle of strict control,
be formulated by the public security department under the State Council together with other State organs concerned and submitted
to the State Council for approval before enforcement.
Article 6 The following units may be equipped with guns for civilian use:
(1) Sports units that are set up with the approval of the physical culture and sports administration department of the people’s government
at the provincial level to engage specially in target shooting competitions and profit-making shooting ranges that are set up with
the approval of the public security organ of the people’s government at the provincial level may be equipped with sports guns;
(2) Hunting grounds that are built with the approval of the forestry administration department of the people’s government at or above
the provincial level may be equipped with hunting guns; and
(3) Units for protecting and raising wild animals and for conducting scientific research of such animals may, due to need of the
work, be equipped with hunting guns and narcotic injection guns.
Hunters in hunting zones and herdsmen in pastoral areas may apply for equipment with guns. Hunting zones and pastoral areas shall
be delineated by the people’s governments at the provincial level.
Specific measures for equipment with guns for civilian use shall, in adherence to the principle of strict control, be formulated
by the public security department under the State Council and submitted to the State Council for approval before enforcement.
Article 7 Arming with guns for the discharge of official duties shall be subject to exclusive examination and approval by the public
security department under the State Council.
When arming persons with guns for the discharge of official duties, the public security department under the State Council or the
public security organ of a people’s government at the provincial level shall issue to them certificates permitting them to hold guns
for the discharge of official duties.
Article 8 With regard to equipment with sports guns for a unit that is specially engaged in target shooting competition as a sport
event, the competent administrative department for physical culture and sports under the State Council shall submit the matter to
the public security department under the State Council for examination and approval. With regard to equipment with sports guns for
profit-making shooting grounds, the matter shall be submitted by the public security organ of a people’s government at the provincial
level to the public security department under the State Council for approval.
When equipping with sports guns, the public security organ of the people’s government at the provincial level shall issue certificates
permitting the holding of guns for civilian use.
Article 9 To obtain hunting guns for a hunting ground, one must, by producing the document of approval issued by the competent forestry
administration department of the people’s government at or above the provincial level, apply to the public security organ of such
government for examination and approval, before the public security organ of the people’s government of a city divided into districts
shall, after verification, issue a certificate for rationed purchase of guns for civilian use.
Article 10 To apply for equipment with hunting guns or narcotic injection guns, the units for protecting and raising wild animals
or for conducting scientific research of such animals shall, by producing their hunting certificates or their special permits for
hunting and capturing animals issued by the competent administrative department for wild animals of the local people’s government
at the county level, as well as their business licenses, submit their application to the public security organ of the local people’s
government at the county level. In the case of hunters who wish to apply for equipment with hanging guns, they shall, by producing
their hunting certificates issued by the competent administrative department for wild animals of the local people’s government at
the county level as well as their identification cards, submit their application to the public security organ of the local people’s
government at the county level. In the case of herdsmen who wish to apply for equipment with hunting guns, they shall, by producing
their identification cards, submit their application to the public security organ of the local people’s government at the county
level.
After examining and approving the application it accepts, the public security organ shall report the matter to the public security
organ of a city divided into districts for issue of a certificate for rationed purchase of guns for civilian use after verification.
Article 11 Units or individuals that are to conduct rationed purchase of hunting guns or narcotic injection guns must, within 30
days from the day they purchase the guns, apply to the public security organ that, after verification, issued to them the certificates
for rationed purchase of guns for civilian use for issue of certificates permitting the holding of guns for civilian use.
Article 12 Guns for civilian use which profit-making shooting grounds and hunting grounds are equipped with may not be taken out
of such grounds.
Hunting guns which hunters and herdsmen are equipped with may not be taken out of the hunting zones or the pastoral areas.
Chapter II
Manufacture of Guns and Rationed Sale of Guns for Civilian Use
Article 13 The State applies a special permit system governing the manufacture and rationed sale of guns. Without permission, no
unit or individual may manufacture or trade in guns.
Article 14 Guns used for the discharge of official duties shall be manufactured by enterprises designated by the State.
Article 15 Enterprises that are to manufacture guns for civilian use shall be proposed by the relevant competent department under
the State Council and determined by the public security department under the State Council.
Enterprises that are to engage in rationed sale of guns for civilian use shall be determined by the public security organ of a people’s
government at the provincial level.
Enterprises that manufacture guns for civilian use shall be issued, after verification, by the public security department under the
State Council certificates permitting manufacture of guns for civilian use. Enterprises that engage in rationed sale of guns for
civilian use shall be issued, after verification, by the public security organ of a people’s government at the provincial level certificates
permitting rationed sale of guns for civilian use.
The certificate permitting manufacture of guns for civilian use and the certificate permitting rationed sale of guns for civilian
use shall be valid for a period of three years. Enterprises that need to continue manufacture or rationed sale of guns for civilian
use at the expiration of the certificates, shall make another application for issue of such certificates.
Article 16 The State applies a quota system governing the number of guns for civilian use to be manufactured and rationed for sale.
The annual quota for manufacture of guns for civilian use shall be proposed by the relevant competent departments of forestry and
physical culture and sports under the State Council and the public security organs of the people’s governments at the provincial
level, and determined by the public security department under the State Council, which shall prepare the uniform serial numbers for
such guns and allocate assignments to the enterprises manufacturing such guns.
The annual quota for rationed sale of guns for civilian use shall be proposed by the relevant competent departments of forestry and
physical culture and sports under the State Council and the public security organs of the people’s governments at the provincial
level, and determined by the public security department under the State Council, which shall allocate assignments to the enterprises
engaged in rationed sale of such guns.
Article 17 Enterprises manufacturing guns for civilian use shall not turn out such guns in excess of the quota, all the guns they
have manufactured shall be delivered to the enterprises designated for rationed sale of such guns and they shall not sell the guns
themselves. Enterprises engaged in rationed sale of guns for civilian use shall, within the quota for rationed sale, sell such guns
manufactured by the designated enterprises.
Article 18 An enterprise must manufacture guns for civilian use strictly in conformity with the technical standards set by the State,
it shall not alter the performance or structure of such guns. It shall have its name, the coded variety of the gun and the serial
number prepared uniformly by the public security department under the State Council typecast in the designated parts of the gun;
it shall not manufacture guns for civilian use without a number or with a duplicate or false number.
Enterprises manufacturing guns for civilian use shall be kept under close control, and necessary security measures shall be taken
to prevent loss of such guns or their parts or components.
Article 19 An enterprise engaged in rationed sale of guns for civilian use shall sell such guns after checking of the certificate
of rationed purchase and strictly in accordance with the variety, type and number as stated in the certificate; the rationed sale
of ammunition shall be conducted after checking of the certificate permitting the holding of guns. Enterprises engaged in rationed
sale of guns for civilian use must, in accordance with the regulations of the public security department under the State Council,
keep long-term account books for rationed sale for future examination.
Article 20 Public security organs shall conduct regular inspection of the manufacture, rationed sale, and storage and book-keeping
of the enterprises that manufactures or engages in rationed sale of guns for civilian use; when necessary, they may send their men
specially to stay at the manufacturing enterprises for the purpose of supervision and inspection.
Article 21 The relevant competent department under the State Council shall work together with the public security department under
the State Council to arrange for development and finalizing the design of guns for civilian use.
Article 22 It is forbidden to manufacture and sell imitation guns.
Chapter IV
Everyday Control of Guns
Article 23 Units and individuals that are armed or equipped with guns must maintain the guns properly and ensure their safety.
Units that are armed or equipped with guns must explicitly define the responsibilities for control of guns, designate special persons
to take charge of the guns, install strong facilities specially for keeping of the guns and have the guns and ammunition kept in
separate places. With regard to guns for personal use, a strict control system must be established for registration, handing over,
inspection and maintenance of the guns, and the guns must be taken back as soon as they are not to be used any more.
With regard to guns armed or equipped for personal use, effective measures must be taken strictly to prevent their being stolen,
robbed or lost, as well as other accidents.
Article 24 Persons who use guns must know the performance of the guns, observe the relevant regulations governing the use of guns
and guarantee that the guns are used lawfully and safely. Persons who use guns for the discharge of official duties must receive
special training.
Article 25 Units and individuals that are armed or equipped with guns must observe the following provisions:
(1) When carrying guns, they must have with them the certificates permitting the holding of guns; otherwise their guns shall be seized
by public security organs;
(2) They shall not carry guns in areas or places where it is prohibited to carry guns; and
(3) They shall report to public security organs once their guns are stolen, robbed or lost.
Article 26 When persons equipped with guns for the discharge of official duties no longer meet the qualifications for holding guns,
the units where they belong shall take back the guns along with the certificates permitting the holding of guns.
When units or individuals equipped with guns for civilian use no longer meet the qualifications for holding guns, they must immediately
hand over the guns along with the certificates permitting the holding of guns to the public security organs that issued the certificates
after verification. The guns that are not handed over promptly shall be taken over by the public security organs.
Article 27 Guns that do not measure up to the technical standards of the State and that cannot be used safely shall be reported as
useless. The units and individuals that are equipped with or hold guns shall hand over the useless guns along with the certificates
permitting the holding of guns to the public security organs that issued the certificates after verification. The guns that are not
handed over promptly shall be taken over by the public security organs. Useless guns shall be destroyed without delay.
Destruction of guns shall be arranged by public security organs of the people’s governments at the provincial level.
Article 28 The State applies an inspection system for guns. Units and individuals that hold guns shall undergo inspection at the
time and place as designated by public security organs. When conducting inspection, the public security organs shall examine whether
the units and individuals that hold the guns meet the qualifications as prescribed by this Law, and the condition and use of the
guns. Guns that are used unlawfully, that are held by people who do not meet the qualifications for holding guns or that should be
reported as useless must be taken over as well as the certificates permitting the holding of guns. Units or individuals that refuse
to undergo inspection, their guns and their certificates permitting the holding of guns shall be taken over by public security organs.
Article 29 In case of special need for maintaining public security and order, public security organs of the local people’s governments
at or above the county level may, with approval of the public security department under the State Council, take special control measures
for guns lawfully armed or equipped in certain areas, such as concentrated preservation of the guns.
Chapter V
Transport of Guns
Article 30 No units or individuals may transport guns without permission. Any unit or individual that needs to transport guns must
submit an application to the public security organ, in which the variety and number of the guns and the route and means of transport
shall be truthfully stated, and must have a permit for transport of guns. If the guns are to be transported within a province, autonomous
region or municipality directly under the Central Government, an application for issue of a permit for transport of guns shall be
submitted to the public security organ of the people’s government of the city divided into districts under the jurisdiction of which
is the place of delivery. If the guns are to be transported across provinces, autonomous regions or municipalities directly under
the Central Government, an application for issue of a permit for transport of guns shall be submitted to the public security organ
of the people’s government at the provincial level under the jurisdiction of which is the place of delivery.
Units and individuals that do not have permits for transport of guns shall not undertake transport of guns but shall report the matter
immediately to the local public security organs.
The public security organs shall seize the guns that are transported without a permit for transport of guns or at variance with the
particulars stated in the permit for transport of guns.
Article 31 Safe, reliable and closed transport facilities shall be used for transport of guns and the transport shall be escorted
by professional people, as is required by regulations; where it is necessary to stop overnight on the way, the local public security
organ must be informed of the matter.
Guns and ammunition must be transported separately, as is required by regulations.
Article 32 It is forbidden to mail guns or mail them in the midst of other postal materials.
Chapter VI
Entering and Leaving the Country with Guns
Article 33 The State exercises strict control over guns with which people enter or leave the country. Without permission, no unit
or individual shall enter or leave the country with guns.
Article 34 If persons of foreign diplomatic missions or consulates are to enter the territory of China with guns, they must apply
to the Ministry of Foreign Affairs of the People’s Republic of China for approval in advance; and if they are to leave China with
guns, they shall present a note to the Ministry of Foreign Affairs of the People’s Republic of China and go through the relevant
formalities in advance.
Guns brought into the territory of China in accordance with the provisions of the preceding paragraph shall not be carried out of
the missions or consulates in China.
Article 35 When sports delegations of other countries enter China to take part in target shooting competitions or Chinese sports
delegations leave China to take part in such competitions and thus need to take their sports guns along with them, they shall seek
approval of the competent administrative department for physical culture and sports under the State Council.
Article 36 Persons, other than the ones mentioned in Article 34 and 35 of this Law, who are to enter or leave China with guns shall
seek approval of the public security department under the State Council beforehand.
Article 37 When persons who have obtained approval of entering China with guns enter the country, they shall, by producing the documents
of approval, go through registration procedure for the guns with the frontier inspection station at the place of entry, apply for
the issue of certificate permitting the carrying of guns, and declare the guns to the Customs, which shall let them go after checking
the certificates. After reaching their places of destination, they shall, by producing the certificates permitting the carrying of
guns, apply to the public security organ of the people’s government of a city divided into districts in order to exchange their certificates
permitting the carrying of guns for certificates permitting the holding of guns.
When persons who have obtained approval of leaving China with guns leave the country, they shall, by producing the documents of approval,
declare the guns to the Customs at the place of departure, and the frontier inspection station shall let them go after checking the
documents.
Article 38 When guns are carried by foreign means of transport into or through the territory of China, the persons who are responsible
for the means of transport must apply to the frontier inspection station for sealing of the means of transport, which shall be unsealed
at the time it leaves the country.
Chapter VII
Legal Responsibility
Article 39 Any unit or individual that, in violation of the provisions of this Law, manufactures, trades in or transports guns without
permission shall be investigated for criminal responsibility in accordance with the provisions of Article 112 of the Criminal Law
and of the Decision of the Standing Committee of the National People’s Congress Regarding Severe Punishment of Criminals Who Seriously
Endanger Public Security.
The unit that commits any violations mentioned in the preceding paragraph shall be fined, and the persons who are directly in charge
of the unit and other persons who are directly responsible for the violations shall be investigated for criminal responsibility in
accordance with the provisions of Article 112 of the Criminal Law.
Article 40 If, in violation of the provisions of this Law, the enterprises designated or determined pursuant to law for manufacturing
or selling guns commit any of the following acts, they shall be fined, and the persons who are directly in charge of the enterprises
and other persons who are directly responsible for the act shall be investigated for criminal responsibility in accordance with the
provisions of Article 112 of the Criminal Law; public security organs may order the enterprises to suspend operation for rectification
or revoke the certificates permitting manufacture of guns or rationed sale of guns:
(1) to manufacture or sell guns in excess of the quota or at variance with the variety prescribed;
(2) to manufacture guns without numbers or with duplicate or false numbers; or
(3) to sell, without authorization, guns or sell guns in China that are manufactured for export.
Article 41 Whoever, in violation of the provisions of this Law, illegally possesses or conceals guns shall be investigated for criminal
responsibility in accordance with the provisions of Article 163 of the Criminal Law.
Whoever illegally transports or carries guns into or out of the territory of China shall be investigated for criminal reasonability
in accordance with the Supplementary Provisions of the Standing Committee of the National People’s Congress Concerning the Punishment
of the Crimes of Smuggling.
Article 42 Whoever, when transporting guns, fails to use safe and reliable transport facilities, or send escorts, or separate the
guns from ammunition, or report to the public security organ for stopping overnight on the way, if the violation is serious, shall
be investigated for criminal reasonability by applying mutatis mutandis the provisions of Article 187 of the Criminal Law; if the
violation does not constitute a crime, the person who is directly responsible for the violation shall be detained by the public security
organ for not more than 15 days.
Article 43 Whoever, in violation of the regulations governing control of guns, leases or loans guns that are used for the discharge
of official duties shall be punished by applying mutatis mutandis the provisions of Article 187 of the Criminal Law.
If a unit commits an act mentioned in the preceding paragraph, the persons who are directly in charge of the unit and other persons
who are directly responsible for the act shall be punished in accordance with the provisions of the preceding paragraph.
If, in violation of the regulations governing control of guns, a unit that is equipped with guns for civilian use leases or loans
such guns and has thus led to grave consequences, or if other serious violations are involved, the persons who are directly in charge
of the unit and other persons who are directly responsible for the violation shall be punished by applying mutatis mutandis the provisions
of Article 187 of the Criminal Law.
If, in violation of the regulations governing control of guns, an individual who is equipped with guns for civilian use, leases or
loans such guns and has thus led to grave consequences, he shall be punished by applying mutatis mutandis the provisions of Article
163 of the criminal Law.
If, in violation of the regulations governing control of guns, a unit or individual leases or loans guns and if the violation is
of a minor nature and does not constitute a crime, the public security organ shall detain for not more than 15 days the individual
or the persons who are directly in charge of the unit and other persons who are directly responsible for the violation and may also
impose a fine of not more than 5,000 yuan; and it shall confiscate the guns leased or loaned.
Article 44 If an individual or unit that, in violation of the provisions of this Law, commits any of the following acts, the public
security organ shall serve a disciplinary warning on the individual or the persons who are directly in charge of the unit and other
persons who are directly responsible for the violation or detain the individual or persons for not more than 15 days; if the violation
constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(1) to manufacture guns for civilian use at variance with the prescribed technical standards;
(2) to carry guns in areas or places where it is forbidden to carry guns;
(3) to fail to hand over guns that are reported as useless;
(4) to fail to report immediately after guns are stolen, robbed or lost; or
(5) to manufacture or sell imitation guns.
If a person commits one of the acts mentioned in sub-paragraphs (1), (2), and (3), his guns shall be confiscated and he may also
be fined not more than 5,000 yuan. If a person commits the act mentioned in sub-paragraph (5), the public security organ and the
administrative department for industry and commerce shall, within the scope of their respective functions, confiscate the imitation
guns and may also impose a fine of not more than five times the amount of money spent on their manufacture or earned from their sale;
if the case is serious, the administrative department for industry and commerce shall revoke the person’s business license.
Article 45 If a member of the public security organ commits one of the following acts, he shall be investigated for criminal responsibility
according to law; if the act does not constitute a crime, he shall be given an administrative sanction in accordance with law:
(1) to arm or equip with guns units or individuals other than the ones as prescribed in Articles 5 and 6 of this Law;
(2) to issue certificates for control of guns illegally;
(3) to take confiscated guns into his own possession; or
(4) to lead to bad consequences by failing to perform his duties for control of guns.
Chapter VIII
Supplementary Provisions
Article 46 For purposes of this Law, the word “guns” means the various kinds of guns that, with gunpowder or compressed gas as the
propelling force and with a barrel for projecting metal bullets or other substances, can readily inflict injury upon people, cause
death or render them unconscious.
Article 46 Units and individuals that facilitate recreational activities may be equipped with no greater than 4.5mm. pneumatic rifles.
Specific measures of control in this regard shall be formulated by the public security department under the State Council.
Measures for control of guns used as props for production of films and television plays shall be formulated by the public security
department under the State Council together with the radio, film and television administration department under the State Council.
Measures for control of guns preserved or displayed in museums, memorial halls and exhibition halls shall be formulated by the public
security department under the State Council together with the relevant competent administrative department under the State Council.
Article 48 The relevant provisions of this Law apply to the manufacture, rationed sale a
The State Administration of Foreign Experts Affairs
Measures for the Administration of Foreign Experts Employed in Enterprises with Foreign Investment
the State Administration of Foreign Experts Affairs
September 1, 1996
Chapter I General Provisions
Article 1
These Measures are formulated in compliance with the provisions of China’s relevant laws, statutes and regulations, with a view to
standardizing the administration of foreign experts working for enterprises with foreign investment, to promoting the exchange of
economic and technical personnel between China and foreign countries, and the development of enterprises with foreign investment.
Article 2
The enterprises with foreign investment mentioned in these Measures refer to China-foreign equity joint ventures, contractual joint
ventures, and solely foreign-invested companies operating in China and having the statuses of Chinese corporate persons, which have
been approved by the relevant departments of the Chinese government and are subject to the jurisdiction and protection of China,
with a view to meeting the needs of China’s economic construction.
Article 3
The foreign experts mentioned in these Measures refer to those foreign professionals, technical personnel and managerial personnel
employed in the enterprises with foreign investment engaged in production, operation, and administration as are required by the actual
needs.
Article 4
The State Administration of Foreign Experts Affairs is the government-authorized competent authority in charge of foreign experts
affairs. The foreign affairs offices of the provinces, autonomous regions and municipalities directly under the Central Government
are the respective local administrative departments in charge of foreign experts affairs.
Chapter II Administration of Foreign Experts
Article 5
The State Administration of Foreign Experts Affairs and the foreign affairs office of the provinces, autonomous regions and municipalities
directly under the Central Government are the respective competent departments in charge of authenticating the identities of foreign
experts working for the enterprises with foreign investment. The authentication of the identities of foreign experts of those enterprises
with foreign investment under the direct control of the various ministries and commissions of the State Council, or of the specialty-oriented
general corporations, shall be processed by the International Cooperation Departments (or Foreign Affairs Departments) of the State
Council, or of the specialty-oriented general corporations; and the formulation of relevant provisions regarding the authentication
of the identities of foreign experts shall be undertaken by the respective ministries, commissions or specialty-oriented general
corporations.
Article 6
The foreign experts working for enterprises with foreign investment shall engage in the kind of job that is commensurate with their
own specialty and skills, and shall meet the following standards:
(1)
They must have baccalaureate degrees or above, with a professional tide of “engineer” or have equivalent degrees and professional
post_titles;
(2)
They must have working experiences in their respective specialties for 5 years or more, being able to give technical guidance to their
Chinese associates and competent to perform their duties;
(3)
They must possess the expertise related to a particular specialty or special skills or have other knacks of the trade; and
(4)
They must have working experiences in foreign countries or outside the mainland of China in administration-related jobs for 5 years
or more, having ranks of departmental managers or the equivalent positions or higher for large, medium-size enterprises with foreign
investment or high-tech, new-tech businesses.
Article 7
To authenticate the identities of foreign technical and managerial personnel working for enterprises with foreign investment, the
organizations employing foreign experts shall present to the authorities in charge of the authentication of the identities of foreign
experts the notice of appointment issued by the employing organization, certificate of physical checkup, notarized testimonials of
no criminal record, and all those testimonial materials listed in Article 6 of these Measures.
Article 8
The Document Affirming the Employment of Foreign Experts is an essential piece of documentation for a foreign expert to apply for
a work visa bound for China in response to the call to work in this country. For those foreign experts who have been decided by the
authority authenticating the identities of the foreign experts to be in need of work visas (Z), the enterprises with foreign investment
shall approach the identity authentication authorities concerned for the Documents Affirming the Employment of Foreign Experts; and
request the authorized organizations in China to send the applicants letters (telegrams) of invitation in accordance with agreements,
protocols, or contracts. The cases of requests for work visas (Z) by those foreign professionals, technical personnel and managerial
personnel who have been engaged by the enterprises with foreign investment to come to China to work as part of the programmes of
the introduction of foreign technologies and importation of equipment, can be dealt with by the concerned organization directly approaching
the identity authentication authority of The State Administration of Foreign Experts Affairs for the Document Affirming the Employment
of Foreign Experts,
Article 9
The foreign experts who have agreed to come to China to work may, with the Document Affirming the Employment of Foreign Experts and
letters (telegrams) of invitation as well as valid passports and relevant certificates, go to China’s diplomatic missions to foreign
countries, the Consulate offices, or other China’s missions stationed in the foreign countries duly authorized by the Ministry of
Foreign Affairs of China for obtaining their work visas (Z).
Article 10
When the employing organizations apply for the Documents Affirming the Employment of Foreign Experts Document for the foreign experts,
they may at the same time apply for them the Foreign Expert Certificates, with which the foreign experts shall be enpost_titled to preferential
treatment by the Chinese Customs.
Article 11
The Foreign Expert ID Card serves as a certificate indicating the identity of the foreign professional as expert invited to work in
China for the contractual period of stay in this country.
The foreign expert shall, with the Notice of Appointment, and a valid passport and certificates, go to the identity authentication
authority within 15 days of arrival in China for the Foreign Expert ID Card; with the Foreign Expert ID Card and other relevant certificates,
he/she shall, within 30 days upon having arrived in China, go to the entry control department of the local public security office
for obtaining Foreign National’s Residence Permit or an interim one of the same. If both husband and wife are of foreign expert statuses,
each of them can request for a Foreign Expert ID Card; if one of the couple is a foreign expert while the other not, the spouse shall
not be given a Foreign Expert ID Card, but shall be noted in the Family Dependents Box of the Foreign Expert ID Card.
Chapter III Administration of Foreign Experts Affairs
Article 12
The validity of the Foreign Expert ID Card for one signing shall not exceed one year. The foreign expert shall, upon the expiration
of the Foreign Expert ID Card, go to the identity authentication authority for the extension of the Foreign Expert ID Card; if no
extension has been applied for upon the expiration of the Foreign Expert ID Card, the said document shall be invalidated automatically.
When the foreign expert has left one employing organization to work with another during his/her stay in China, he/she should return
the original certificate to the issuing organ, and apply for a new Foreign Expert ID Card at the local authority for issuing the
certificate whereat his/her new employing organization is situated.
Article 13
Foreign experts shall abide by China’s laws and relevant government regulations during their stay in China; their legal rights shall
be subject to the protection of China’s laws and of the government.
Article 14
The enterprises with foreign investment shall stipulate in explicit terms in the agreements, protocols, or contracts concerning the
treatments of foreign experts during their working stay in China, in terms of insurance, medical care, holidays, provisions for living,
etc.; as for the said agreements, protocols or contracts being signed by the parties concerned, both the foreign experts and the
employing organization shall strictly abide by them, and no alterations shall be made at will.
Article 15
The administrative departments of whose administration the enterprises with foreign investment are subject to shall, in compliance
with the State laws and the relevant provisions of the government, formulate measures, take steps, and urge the affiliated organizations
to do everything for the foreign experts to facilitate their work, and living and other legal activities during their stay in China.
Article 16
The foreign affairs office of the provinces, autonomous regions and municipalities directly under the Central Government shall establish
special offices or assigning special persons to be in charge of the affairs of foreign experts working for enterprises with foreign
investment within their respective localities, inspecting and supervising the implementation of the relevant guidelines, policies,
rules and regulations, coordinating the work among the various departments of the locality, and helping solve those problems the
foreign experts are confronted with that must be settled.
Article 17
Those foreign experts who have made extraordinary contributions in their work shall, on the merit of their work, be commended or awarded
by the employing organization or by the relevant government departments.
Article 18
When the foreign experts have gotten themselves involved in civil disputes, public security events and in other cases (events), the
competent departments in charge of foreign affairs at various levels shall assist the public security, national security and the
judicial departments for dealing with the cases in accordance with the law.
Article 19
When having discovered that those foreign personnel holding Foreign Expert ID Cards have concealed the facts about themselves that
the information in terms of identification and status is not in conformity with that originally provided, or that the work they do
or the activities they participate in are not commensurate with their experts’ statuses, the identity authentication authorities
or the relevant departments shall revoke the Foreign Expert ID Cards, and ask the public security offices to cancel out their qualifications
for residence either permanent or interim.
Chapter VI Supplementary Provisions
Article 20
To those personnel from the regions of Hong Kong, Macao, and from Taiwan province employed by the enterprises with foreign investment,
who are up to the requirements as stipulated in the present Measures set on foreign experts, separate certificates for experts from
Hong Kong, Macao, and Taiwan shall be issued, the processing of which shall be made in accordance with the spirit of these Measures.
Article 21
The foreign affairs offices of the provinces, autonomous regions and municipalities directly under the Central Government shall formulate
bylaws for the implementation of these Measures in light of the local conditions.
Article 22
The Document Affirming the Employment of Foreign Experts, the Foreign Expert Certificates, and the Foreign Expert ID Cards shall be
uniformly prepared and printed by the State Administration of Foreign Experts Affairs.
Article 23
The State Administration of Foreign Experts Affairs shall be responsible for the interpretation of these Measures.
Article 24
These Measures shall enter into force as of the date of promulgation.
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