China: Requirements and procedures to obtain exit certificates; including issuing authority, processing time, and grounds for refusal as per the 2012 Exit and Entry Administration Law (2014-January 2015)
1. "Exit Visas" and "Exit Certificates" for Chinese Citizens
Articles 9, 11 and 12(1) of the 2012 Exit and Entry Administration Law of the People's Republic of China provide the following information:
Article 9 Chinese citizens who exit or enter China shall, in accordance with the law, apply for passports or other travel documents.
Article 11 Chinese citizens who exit or enter China shall submit their exit/entry documents such as passports or other travel documents to the exit/entry border inspection authorities for examination, go through the prescribed formalities, and may exit or enter upon examination and approval.
Article 12 Under any of the following circumstances, Chinese citizens are not allowed to exit China:
(1) Hold no valid exit/entry documents, or refuse or evade border inspection ... (China 2012)
Sources state that "exit visas" or "exit certificates" are not required for Chinese citizens to leave China (Canada 27 Jan. 2015; Professor 26 Jan. 2015). In correspondence with the Research Directorate, a representative from the Canadian Tourism Commission's Beijing office stated that "no exit certificates are required for Chinese nationals to leave China" (Canada 19 Jan. 2015). In correspondence with the Research Directorate, an official from the Embassy of Canada in Beijing likewise reported that
no exit certificates or exit visas are required by Chinese nationals to leave the country unless it is to Taiwan, Hong Kong, or Macau; only a passport is necessary. However, to go to Hong Kong, Taiwan, or Macau, Chinese nationals require entry/exit permits but do not require passports (Canada 27 Jan. 2015, emphasis in original)
For further information on documents required for Chinese citizens to travel to Hong Kong and Macau, see Response to Information Request ZZZ105050.
For additional information on whether "exit certificates" are required in order for a citizen to leave China and further information about China's Entry and Exit Administration Law, see Response to Information Request CHN104782.E.
2. Documents Required for Chinese Citizens to Exit China
Sources note that Chinese citizens must present a passport and visa document issued by their destination country upon exiting China (BCIA n.d.; Professor 26 Jan. 2015). In correspondence with the Research Directorate, a professor affiliated with the Yale China Law Center who conducted research on exit procedures from Chinese airports said that "[a]ll Chinese citizens must have a valid passport, which is stamped by the Border Inspection upon exit and upon re-entry, and a valid visa issued by the country to which they are going" (Professor 26 Jan. 2015). The website of the Beijing Capital International Airport likewise states that "[a] Mainland resident who is going abroad should hold a valid passport and a visa issued by the destination country (except the visa-free countries)" (BCIA n.d.). The Henley and Partners Visa Restrictions Index 2014, "a global ranking of countries according to the travel freedom that their citizens enjoy" (n.d.), states that, as of 20 May 2014, Chinese citizens can travel to 45 countries visa-free (Henley and Partners 2014, 3). According to TravelChinaGuide.com, an online tour company in China (n.d.), China has agreements on mutual visa exemption with 89 countries, though many of these are only recognized for diplomatic or service passport holders (TravelChinaGuide.com 5 Aug. 2014).
Sources note that public officials require additional documentation to exit China (Canada 27 Jan. 2015; Professor 26 Jan. 2015). According to the Professor, public officials need to obtain "special permits from their [government] agencies, but these are given prior to obtaining an official passport" (ibid.). According to the official at the Canadian embassy in Beijing,
public officials leaving the country for official business on behalf of their respective department/agency will use either a service or a diplomatic passport. These passport applications will be submitted to the [Chinese] Ministry of Foreign Affairs by their department/agency. Public officials who are leaving the country on non-official purposes (such as tourism, visiting a family member, etc.) will need to apply for an ordinary passport. Public officials are under far more scrutiny than ordinary citizens. Public officials applying for an ordinary passport require the permission of their respective department/agency before they are allowed to leave the country. (Canada 27 Jan. 2015)
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Beijing Capital International Airport Company (BCIA). N.d. "Exit and Entry Frontier Inspection Guides." [Accessed 20 Jan. 2015]
Canada. 27 January 2015. Embassy of Canada in Beijing. Correspondence from an official to the Research Directorate.
Canada. 19 January 2015. Canadian Tourism Commission, Beijing. Correspondence from an official to the Research Directorate.
China. 2012. Order of the President of the People's Republic of China No. 57. Translation from the website of the Bureau of Exit and Entry Administration of the Ministry of Public Security of the People's Republic of China. [Accessed 30 Jan. 2015]
Henley and Partners. 2014. Henley and Partners Visa Restrictions Index 2014. [Accessed 28 Jan. 2015]
Henley and Partners. N.d. "International Visa Restrictions." [Accessed 28 Jan. 2015]
Professor, China Law Center, Yale University. 26 January 2015. Correspondence with the Research Directorate.
TravelChinaGuide.com. 5 August 2014. List of Agreements on Mutual Visa Expemption Between the People's Republic of China and Foreign Countries. [Accessed 2 Feb. 2015]
TravelChinaGuide.com. N.d. "About Us." [Accessed 2 Feb. 2015]
Additional Sources Consulted
Oral sources: Attempts to contact representatives of the following organizations were unsuccessful within the time constraints of this Response: The Embassy of the People's Republic of China in Canada; professor of criminal justice at Xavier University, Ohio; professor of politics at Goldsmith's University of London; professor of economics at the University of Buffalo; visiting scholar at Yale University.
Internet sites, including: Amnesty International; BBC; Canada – Citizenship and Immigration Canada, travel.gc.ca; China – Ministry of Public Security, Shanghai Entry/Exit Inspection and Quarantine Bureau; ecoi.net; Factiva; Freedom House; Hong Kong International Airport; Human Rights Watch; International Business Times; INTERPOL; Quartz; Radio Free Asia; Reuters; Shanghai Airport Authority; TimaticWeb 2; Transparency International; United Kingdom – Foreign Travel Advice; United States – Department of State.