Chapter IV Stay and Residence of Foreigners

Section 1 Stay and Residence

Article 29 Where the duration of stay specified in a visa held by a foreigner does not exceed 180 days, the holder may stay in China within the duration specified therein.

Where the duration of stay needs to be extended, the visa holder shall file an application with the exit/entry administration of public security organ under the local people's government at or above the county level in the place of his stay seven days prior to the expiry of the duration specified in the visa, and shall submit information of specific application matters in accordance with relevant requirements. If upon examination, the reasons for extension are appropriate and sufficient, such extension shall be granted; if an extension is denied, the foreigner shall leave China on the expiry of the duration.

The accumulated length of extension shall not exceed the original duration of stay specified in the visa.

Article 30 Where visas held by foreigners specify that foreigners need to apply for residence permits after entry, such foreigners shall, within 30 days from the date of their entry, apply to the exit/entry administrations of public security organs under local people's governments at or above the county level in the proposed places of residence for foreigners' residence permits.

Applicants for foreigners' residence permits shall submit their passports or other international travel documents, as well as relevant information of specific application matters, and provide biometric identification information such as fingerprints. The exit/entry administrations of public security organs shall, within 15 days upon the date of receipt, conduct examination and make a decision thereupon. Based on the purpose of residence, those administrations shall issue the appropriate types of foreigners' residence permits with the duration.

The validity period of a foreigner's work-type residence permit shall be 90 days at the minimum and five years at the maximum; and the validity period of a non-work-type foreigner's residence permit shall be 180 days at the minimum and five years at the maximum.

Article 31 Under any of the following circumstances, a foreigner's residence permit shall not be issued:

(1) The visa held does not belong to the type for which a foreigner's residence permit should be issued;

(2) Resorts to fraudulent acts in application;

(3) Fails to provide relevant supporting materials in accordance with relevant regulations;

(4) Is not eligible to reside in China because of violation of relevant Chinese laws or administrative regulations; or

(5) Other circumstances in which the issuing authority considers a foreigner's residence permit should not be issued.

Foreigners with expertise and foreign investors who conform to relevant State regulations or foreigners who need to change their status from stay to residence for humanitarian or other reasons, may undergo the formalities for obtaining foreigner’s residence permits upon approval by the exit/entry administrations of public security organs under local people’s governments at or above the city with districts.