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(Aug 20, 2013) On May 30, 2013,
The date of implementation of the Notice coincides with the date of entry into force of China's new Law on Administration of Exit and Entry, which had been adopted on June 30, 2012. (
The original draft State Council regulations on implementation of the Law had provided that when applying for a visa, in addition to filling in the visa application form and submitting other documents such as a valid passport, a foreigner should submit "if required by the visa agency, a certificate of no criminal conviction and other materials" (art. 8). This provision does not appear in the final draft of the regulations, however (see art. 7). (Gary Chodorow, Translation: State Council Draft Regulations Implementing the Exit-Entry Administration Law (May 3, 2013). art. 8, U.S. AND CHINA VISA LAW BLOG (posted May 15, 2013); Gary Chodorow, Translation: Foreigner Exit-Entry Administration Regulations of the People's Republic of China (July 3, 2013; in force on Sept. 1, 2013), U.S. AND CHINA VISA LAW BLOG (posted July 23, 2013).) The new State Council regulations, issued on July 22, 2013, and in force as of September 1, include among other visa categories a new "R" visa, aimed at attracting highly skilled foreign talent to China. (Authorized Release: "Regulations of the People's Republic of China on Administration of Entry and Exit of Foreigners" [in Chinese], XINHUA (July 22, 2013), art. 6(9); Zhang, supra; Translation: Foreigner Exit-Entry Administration Regulations of the People's Republic of China, supra.)
According to the Beijing Notice, which was issued by the Beijing Foreign Experts and Foreigners Employment Center under the city's Human Resources and Social Security Bureau, the Certificate of No Criminal Record must be issued by the public security or judicial authorities in the applicant's place of residence, accompanied by a translation done by an official translation company, and authenticated by a Chinese consulate. (Gary Chodorow,
The Certificate of No Criminal Record is not new in China; the cities of
|Author:||Wendy Zeldin More by this author|
|Topic:||Administrative law and regulatory procedures More on this topic|
|Immigration More on this topic|
|Labor More on this topic|
|Jurisdiction:||China More about this jurisdiction|
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Last updated: 08/20/2013