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Rules for the Implementation of the Law of the People's Republic of China on Control of the Entry and Exit of Aliens

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Chapter VII

Penalties

Article 40 An alien who has entered China's territory illegally may be punished with a fine of 500 yuan to 2,000 yuan, or held in detention for 3 to 10 days, or may concurrently be ordered to leave the country within a specified period of time, or deported from the country; if the case is so serious as to constitute a crime, criminal responsibility shall be investigated according to law.

Article 41 Persons in charge of the means of transport, or their agents who, in violation of the stipulations in Article 11 of these Rules, refuse to bear responsibilities may be punished with a fine of 500 yuan to 2,000 yuan or be held in detention for 3 to 10 days.

Article 42 Aliens who, in violation of the stipulations in Articles 16, 19,20,21,22 and 23 of these Rules, stay in China illegally, or who violate the stipulations concerning residential administration, may be given a warning, or punished with a fine of 100 yuan to 500 yuan, or be held in detention for1 to 3 days; if the case is serious, the offender shall be ordered concurrently to leave the country within a specified period of time.

Article 43 An alien who, in violation of the stipulations in Article 24 and Article25 of these Rules, fails to present the residence permit, as required, for examination, or fails to carry the passport or residence permit on him/her, or refuses to produce his/her certificate for examination, may be given a warning, or punished with a fine of 20 yuan to 50 yuan; if the case is serious, the offender may concurrently be ordered to leave the country within a specified period of time.

Article 44 Aliens who have obtained a post without the approval of the Ministry of Labor and Personnel of the People's Republic of China, upon termination of their post or employment, may be punished with a fine of 200 yuan to 1,000 yuan; if the case is serious, the offender shall concurrently be ordered to leave the country within a specified period of time.

Article 45 Anyone who is held responsible for, in violation of the stipulations in

Chapter IV of these Rules, the failure to go through the registration procedures for getting accommodation, or to submit a report to the public security organ for lodging registration, or for providing accommodation to an alien who does not hold valid certificates, may be given a warning, or punished with a fine of 10 yuan to 50 yuan.

Article 46 Aliens who, in violation of the stipulations in Articles 34, 36 and 37of these Rules, make a tour to an area not open to aliens without approval, may be given a warning, or punished with a fine of 30 yuan to 100 yuan; if the case is serious, the offender shall concurrently be ordered to leave the country within a specified period of time.

Article 47 Aliens who have forged, or altered, or used other than their own, or transferred to others the possession of, visas and certificates may, in addition to the revocation or confiscation of the original visas and certificates, be punished with a fine of 500 yuan to 2,000 yuan, or held in detention for 3 to 10days; and may also concurrently be ordered to leave the country within a specified period of time. If the case is so serious as to constitute a crime, criminal responsibility shall be investigated according to law.

Article 48 Those who violate The Law on Control of the Entry and Exit of Aliens and these Rules due to force majeure, may be exempted from penalty. When an alien is unable to pay a fine, the penalty may take the form of detention.

Article 49 The penalties of imposing fines and making detentions, as provided in this Chapter, shall also be applicable to the persons who are held responsible for helping aliens to enter or leave the country illegally, for causing aliens to reside or stay in China illegally, for employing aliens who seek a post without permission, or for facilitating aliens without valid travel certificates in their entry into areas not open to aliens.

Article 50 Persons who are punished do not accept the penalty of a fine or detention imposed by the public security organ may, within 15 days of receiving the notice, appeal, through the original organ that made the decision on punishment or directly to a public security organ at a higher level, which shall, within 3 days of receiving the appeal, make a final decision. Persons who are punished may bring a suit directly to the local people's court.

Article 51 The penalties as stipulated in this Chapter shall be executed by the public security organ.