China’s new State Council Provisions on Exit and Entry Administration will take effect on 15 September 2026.
The Provisions, published by the State Council on 31 July 2026, contain 19 articles and introduce a number of important changes affecting Chinese citizens travelling abroad, foreign nationals entering China, Chinese organisations issuing invitation documents, and immigration service providers.
The new rules reflect a broader approach to exit and entry administration. Authorities will look not only at whether a person holds a valid passport, visa or other travel document, but also at:
security risks associated with the destination;
whether the stated purpose of travel and supporting documents are genuine and lawful; and
whether inviting organisations and immigration service providers have fulfilled their responsibilities.
This article outlines the main changes and the practical steps individuals and businesses should consider.
The Provisions establish a more formal system for preventing security risks faced by Chinese citizens travelling abroad.
Chinese foreign affairs, culture and tourism authorities, together with Chinese diplomatic and consular missions overseas, may issue security alerts and travel risk notices based on circumstances such as:
armed conflict or war;
deteriorating public security;
natural disasters;
major accidents; and
outbreaks of infectious diseases.
When a Chinese citizen applies for a travel document or goes through departure border control, immigration authorities may remind the traveller to exercise caution if the intended destination is considered high-risk.
Where a country or region is classified at the highest risk level, or where serious threats to personal safety are sudden or widespread, the authorities may, where necessary, advise or discourage the person from travelling.
This should not be understood as a blanket ban on travel to all high-risk destinations. The purpose of the system is primarily preventive: to identify and address potential risks before a traveller leaves China, rather than relying solely on consular assistance after an incident has occurred.
Chinese citizens who are placed under administrative detention for fraudulently obtaining exit or entry documents, or for illegally leaving or entering China, may be prohibited from leaving the country for a period of six months to three years after completing the administrative penalty.
A similar restriction may apply to a Chinese citizen who engages in illegal or criminal activity overseas that endangers China’s national security or interests. In such cases, the restriction may last from six months to three years from the date of the person’s return to China.
The Provisions also address violations of export control and technology import and export rules. Where a person’s conduct may threaten China’s industrial or technological security, the competent government authorities may decide to prohibit that person from leaving China.
This provision should not be interpreted as imposing general travel restrictions on people working in industries such as semiconductors, artificial intelligence, biotechnology or advanced manufacturing.
Rather, employees and businesses in technology-sensitive sectors should exercise particular care when carrying, transmitting or disclosing technical information across borders. Potential compliance issues may include:
export-controlled items;
restricted technologies;
trade secrets;
confidentiality obligations;
intellectual property rights; and
cross-border data transfer requirements.
The focus is on unlawful conduct and the risks arising from that conduct, not simply on a person’s profession or industry.
The Provisions require the stated purpose of any application relating to exit, entry, stay or residence to be genuine and lawful.
When verifying an applicant’s identity or the purpose of an application, immigration and visa authorities may:
ask the applicant questions;
request documents and supporting materials; and
require relevant electronic data or records.
Applicants are required to cooperate with the verification process.
Where an applicant submits false documents or makes false statements, the authorities may refuse to issue the relevant travel or immigration document, or deny the person permission to enter or leave China.
More significantly, a foreign national who submits false materials or makes false statements when applying for a Chinese visa outside China, or when seeking entry at a Chinese port, may be prohibited from entering China for one to five years.
Applicants should therefore not assume that inaccurate information will result only in a visa refusal. A serious false declaration may affect the applicant’s ability to travel to China for several years.
At the same time, the provision should be applied carefully. The one-to-five-year entry ban relates specifically to false materials or false statements made in an overseas Chinese visa application or during an application for entry at a port.
It should not be assumed that every mistake, inconsistency or defect in a work permit or residence permit application will automatically result in the same penalty. The nature of the information, the applicant’s intent, the stage of the application and the surrounding circumstances will all be relevant.
Chinese businesses often issue invitation letters, employment documents and other supporting materials for foreign customers, business partners, conference participants and prospective employees.
Under the new Provisions, any organisation or individual issuing an invitation letter or other application document must take responsibility for the accuracy of the information provided and cooperate with the authorities if verification is required.
Potential violations may include:
issuing a business invitation where no genuine commercial relationship exists;
supporting a work visa application where there is no genuine employment relationship;
inventing a conference, training programme, inspection visit or business itinerary; or
providing information that does not match the visitor’s actual purpose or activities in China.
An individual who issues a false invitation letter or supporting document may be fined between RMB 5,000 and RMB 10,000.
An organisation may be fined between RMB 10,000 and RMB 50,000. Responsible managers and other directly responsible personnel may also be fined between RMB 5,000 and RMB 10,000. Any unlawful gains may be confiscated.
Businesses should therefore avoid treating invitation letters as routine documents that can be issued simply as a favour.
Before issuing an invitation, a company should carry out a reasonable review of:
the foreign national’s identity;
the purpose of the proposed visit;
the underlying business or employment relationship;
the proposed itinerary and activities in China; and
whether the information is consistent across all supporting documents.
Companies should also retain relevant contracts, correspondence, itineraries and internal approval records.
The Provisions introduce a filing system for organisations and individuals providing immigration-related services on behalf of clients, including:
advice on exit and entry policies;
assistance with travel and immigration documents; and
assistance with immigration procedures.
A newly established immigration service provider must complete the required filing within 15 days of establishment.
Organisations already providing such services before the new rules take effect must complete the filing within 90 days from 15 September 2026.
The filing requirements are generally aimed at commercial service providers. Non-profit activities limited to general policy information or basic enquiries are not intended to be treated in the same way as regulated immigration intermediary services.
Service providers must also maintain appropriate internal systems, including:
qualified personnel;
suitable business premises;
staff management and training procedures;
document retention systems;
data security measures; and
compliance controls.
Overseas companies and institutions are not permitted to provide immigration intermediary services directly within China. Foreign-invested enterprises and enterprises invested in by entities from Hong Kong, Macao or Taiwan may provide such services if they are lawfully established in China and operate in accordance with Chinese law.
Immigration service providers must not:
publish false or misleading information;
make exaggerated claims in advertising;
provide or assist in providing false documents;
help clients improperly obtain visas, residence permits or passports;
disclose or sell clients’ personal information;
operate beyond the scope of their filed activities; or
organize or assist cross-border illegal or criminal activity.
Violations may result in fines, confiscation of unlawful gains, suspension of business, an order to cease operations for rectification, or the revocation of a business licence or other operating permit.
Chinese citizens planning to travel abroad
Travellors should review official security alerts and destination risk notices before departure.
They should also be cautious of service providers offering “guaranteed departure”, “special channels” or travel documents obtained through false information.
Foreign nationals applying to enter or stay in China
Applicants should ensure that their visa category, employment history, inviting organisation, stated purpose and intended activities in China are consistent.
Relevant facts should not be concealed simply because disclosure may make the application more complicated. Supporting documents should be genuine, complete and capable of verification.
Chinese companies inviting foreign nationals
Companies should establish an internal review procedure for invitation letters and related documents.
Sales teams, administrative staff and human resources departments should not issue invitations where there is no genuine business, employment, conference or training arrangement.
Immigration service providers
Service providers should assess whether their current activities fall within the filing requirements and review their compliance procedures.
Particular attention should be paid to:
client identity checks;
document verification;
internal approval procedures;
data security;
personal information protection; and
record retention.
David Gao, Attorney at Law
David Gao has more than 20 years of legal experience and holds China’s national professional qualification in translation and interpreting. In 2018, he was selected for the Ministry of Justice’s National Talent Pool for Lawyers Practising in Foreign-Related Legal Affairs.
Mr Gao has handled a wide range of cross-border civil and commercial matters and has substantial experience in international divorce, cross-border inheritance and succession, and English-language commercial contracts.
Email: gaohexin@jingsh.com; gaohexin@163.com
Telephone: +86 136 1115 8067
