Chapter VII Legal Liabilities

Article 70 Unless otherwise provided for in this Chapter, the administrative penalties prescribed in this Chapter shall be decided by the public security organs under local people's governments at or above the county level or the exit/entry border inspection authorities. Penalties involving the imposition of warnings or fines of not more than RMB 5,000 yuan may be decided by the exit/entry administrations of public security organs under local people's governments at or above the county level.

Article 71 Persons who commit any of the following acts shall be fined not less than RMB 1,000 yuan but not more than RMB 5,000 yuan; where circumstances are serious, such persons shall be detained for not less than five days but not more ten days and may also be fined not less than RMB 2,000 yuan but not more than RMB 10,000 yuan.

(1) Exit or enter China with forged, altered or fraudulently obtained exit/entry documents;

(2) Exit or enter China using others’ exit/entry documents;

(3) Evade exit/entry border inspection; or

(4) Illegally exit or enter China in any other way.

Article 72 Persons who assist others in illegally exiting or entering China shall be fined not less than RMB 2,000 yuan but not more than RMB 10,000 yuan; where circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan, and the illegal gains, if any, shall be confiscated.

Entities engaging in any of the acts prescribed in the preceding paragraph shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated if there are any; and the persons in charge of the entities who are directly responsible and other persons directly responsible shall be punished in accordance with the provisions in the preceding paragraph.

Article 73 Persons who obtain exit/entry documents such as visas or stay or residence permits by resorting to fraudulent acts shall be fined not less than RMB 2,000 yuan but not more than RMB 5,000 yuan; where circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan.

Entities engaging in any of the acts prescribed in the preceding paragraph shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan; and the persons in charge of the entities who are directly responsible and other persons directly responsible shall be punished in accordance with the provisions in the preceding paragraph.

Article 74 Persons who issue written invitations or other application materials to foreigners in violation of this Law shall be fined not less than RMB 5,000 yuan but not more than RMB 10,000 yuan, with the illegal gains confiscated if there are any, and shall also be ordered to bear exit expenses of the invited foreigners.

Entities engaging in any of the acts prescribed in the preceding paragraph shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan, with the illegal gains confiscated if there are any, and shall also be ordered to bear exit expenses of the invited foreigners; the persons in charge of the entities who are directly responsible and other persons directly responsible shall be punished in accordance with the provisions in the preceding paragraph.

Article 75 Where Chinese citizens are repatriated due to illegally going to other countries or regions after exiting China, exit/entry border inspection authorities shall confiscate their exit/entry documents. Exit/entry document issuing authorities shall refuse to issue new exit/entry documents to such citizens for a period ranging from six months to three years calculating from the date of their repatriation.

Article 76 Under any of the following circumstances, a warning shall be given, and a fine of not more than RMB 2,000 yuan may also be imposed:

(1) Foreigners refuse to accept examination of their exit/entry documents by public security organs;

(2) Foreigners refuse to submit their residence permits for examination;

(3) Persons concerned fail to go through the formalities for foreigners' birth registration or death declaration in accordance with relevant regulations;

(4) Foreigners fail to go through the formalities for altering registration in accordance with the relevant regulations when there is any change in the registered items in their residence permits;

(5) Foreigners in China use others' exit/entry documents; or

(6) Persons concerned fail to go through registration formalities in accordance with the provisions in the second paragraph of Article 39 of this Law.

Hotels that fail to process accommodation registration for foreigners shall be punished in accordance with the relevant provisions of the Law of the People's Republic of China on Penalties for Administration of Public Security; hotels that fail to submit foreigners' accommodation registration information to public security organs shall be given a warning; where circumstances are serious, such hotels shall be fined not less than RMB 1,000 yuan but not more than RMB 5,000 yuan.