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Report of the State Council on the Administration of Entry-Exit, Residence, and Employment of Foreigners [Effective]
国务院关于外国人入出境及居留、就业管理工作情况的报告 [现行有效]
【法宝引证码】

 
Report of the State Council on the Administration of Entry-Exit, Residence, and Employment of Foreigners 

国务院关于外国人入出境及居留、就业管理工作情况的报告


Address to the 26th Session of the Standing Committee of the Eleventh National People's Congress on April 25, 2012
 
--2012年4月25日在第十一届全国人民代表大会常务委员会第二十六次会议上

By Yang Huanning, Deputy Minister of the Ministry of Public Security
 
公安部副部长 杨焕宁


To the Standing Committee of the National People's Congress:
 
全国人民代表大会常务委员会:

Upon authorization of the State Council, this report on the administration of entry-exit, residence, and employment of foreigners is made to the Standing Committee of the National People's Congress for deliberation.
 
我受国务院委托,向全国人大常委会报告外国人入出境及居留、就业管理工作情况,请予审议。

 
I. Basic Information   一、基本情况

With the rapid economic and social development of China, the number of foreigners in China has been growing rapidly, their entry purposes and identities are more and more diversified, their activities in China were more widespread and complicated, and their fluidity is increasing.
 
随着我国经济社会的快速发展,来华外国人数量持续较快增长,入境目的和身份日益多样,在华活动更加广泛复杂,流动性增强。

In terms of entry-exit, in 1980, 1.46 million foreigners entered into or exited China, in which 740,000 foreigners entered into China; in 2000, 20.26 million foreigners entered into or exited China, in which 10.16 million foreigners entered into China; and in 2011, 54.12 million foreigners entered into or exited China, in which 27.11 million foreigners entered into China. From 2000 on, the number of foreigners that entered into China has been progressively increasing at an annual speed of about 10%.
 
从入出境情况看,1980年外国人入出境146万人次,其中入境74万人次。2000年外国人入出境2026万人次,其中入境1016万人次。2011年外国人入出境5412万人次,其中入境2711万人次。2000年以来,外国人入境人数以年均10%左右的速度递增。

In terms of residence, in 1980, the number of foreigners residing in China (for a period of half a year and above) was up to 20,000 and the number thereof in 2000 was 150,000 and that in 2011 was 600,000. These foreigners were mainly personnel of three types of foreign-funded enterprises, overseas students, teachers, representatives of institutions of foreign enterprises in China and their family members, and family reunion personnel. By the end of 2011, foreigners holding the Permanent Resident Permit for Foreigners have reached 4,752, in which high-level foreign talent and the family members thereof amount to 1,735 and family reunion personnel amount to 3,017.
 
从居留情况看,1980年在华常住外国人(居住半年以上)近2万人,2000年15万余人, 2011年近60万人,主要为三资企业工作人员、留学生、教师、外企驻华机构代表及家属,亲属团聚人员。截至2011年底,持有《外国人永久居留证》的外国人4752人,其中外籍高层次人才及家属1735人、亲属团聚人员3017人。

In terms of employment, there were about 74,000 foreigners employed in China in 2000. By the end of 2011, foreigners being employed in China have reached 220,000, which accounted for 37% of the total number of foreigners permanently residing in China. Such foreigners mainly included personnel of three types of foreign-funded enterprises, teachers, and representatives of institutions of foreign enterprises in China.
 
从就业情况看,2000年,在华就业外国人约7.4万人。截至2011年底,在华就业外国人约22万人,约占在华常住外国人总数的37%,主要为三资企业工作人员、教师、外企驻华机构代表。

In terms of “three categories of illegal” foreigners, the acts of foreigners violating the laws and regulations on entry-exit administration mainly included illegal entry, illegal residence, and illegal employment (hereinafter referred to as “three illegal acts”). In 1995, foreigners with “three illegal acts” who were investigated and punished by the entry-exit administrative departments of the public security organs throughout the country exceeded 10,000 persons for the first time, and the number thereof steadily increased year by year afterwards, and slightly reduced after 2007. In 2011, foreigners with “three illegal acts” who were investigated and punished by the entry-exit administrative departments of the public security organs throughout the country amounted to 20,000 persons.
 
从“三非”外国人情况看,外国人违反出入境管理法律法规的行为主要表现为非法入境、非法居留和非法就业(简称“三非”)。1995年,全国公安机关出入境管理部门查处“三非”外国人首次突破1万人次,此后逐年递增,2007年后有所下降。2011年,全国公安机关出入境管理部门查处“三非”外国人2万余人次。

In recent years, the majority of foreigners with “three illegal acts” who illegally resided in China were personnel illegally staying in China for a short term due to not knowing laws and regulations of China, and the circumstances were minor. However, some foreigners illegally resided in China for malicious purposes. The foreigners who illegally entered into China were mainly personnel from neighboring countries of China. Illegal employment was mainly centered on fields such as foreign language education, foreign-related performance, foreign-related housekeeping, and labor-intensive industries. After their entry into China due to overseas study or visit, foreigners were illegally employed.
 
近年来,“三非”外国人中非法居留的绝大多数系因不了解我国法律规定而短期逾期滞留等情节轻微的人员,部分外国人在华恶意非法居留。非法入境的主要为毗邻国家人员。非法就业的主要集中在外语教育、涉外演出、涉外家政、劳动密集型产业等领域,多以留学、访问为由入境后非法就业。

 
II. Administration situations of services for foreigners   二、外国人服务管理工作情况

In recent years, on the basis of new situations of the administration of services for foreigners, the relevant departments of the State Council have adhered to paying equal attention to service and administration, performed the administration by law, closely coordinated with one another, continually strengthened innovation on service administration, and strived to build a dynamic system for the service administration of the whole process of “entry, residence, and exit” of foreigners, which have effectively improved the capacity and level of service administration for foreigners, promoted the reform and opening-up, and the economic and social development in China, and vigorously safeguarded state security and social stability.
 
近年来,针对外国人服务管理工作新形势,国务院各有关部门坚持服务与管理并重,依法行政,密切协作,不断加强服务管理创新,努力构建对外国人“入境、居留、出境”全过程动态服务管理体系,有效提升了外国人服务管理能力和水平,促进了我国改革开放和经济社会发展,有力维护了国家安全和社会稳定。

 
First, strengthening the building of a service administration mechanism. In 2007, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Education and other 14 departments jointly established an interdepartmental coordination mechanism for the administration of foreigners so as to strengthen information exchange, coordination and assistance. The Ministry of Education, the Ministry of Civil Affairs, and the Ministry of Foreign Affairs also took the lead in establishing the relevant work mechanism involving multiple departments respectively. At the end of 2011, the Ministry of Public Security, the Ministry of Foreign Affairs, and other 18 departments established a work mechanism for the administration of services for overseas personnel in China, which specified the duties and key tasks of each member entity and strengthened coordination in the administration of services for foreigners. 一是加强服务管理机制建设。2007年,公安部、外交部、教育部等17个部门共同建立了外国人管理工作部际协调机制,加强信息交流和协作配合。教育部、民政部、外交部等也分别牵头建立了多部门参与的相关工作机制。2011年底,公安部、外交部等20个部门建立了境外来华人员服务管理工作机制,明确了各成员单位的职责和重点工作任务,加强了外国人服务管理工作协调配合。

 
Second, strengthening the administration of entry-exit services for foreigners. The strategies of introduction of intellects and capitals have been further deepened, and the favorable policies on visa for high-level foreign talent and investors and the rules on foreigners' entry by holding residence permits without visa have been implemented. The visa agencies have been added at ports and the ports' functions of handling group tourist visa added. The policies on the entry and transit without visa have been implemented in Shanghai, Guangdong, Hainan and other regions to serve the regional economic development and the general situation of the state's reform and opening-up. The entry-exit border inspection authorities throughout the country continually improve the service level of border inspection and provide customs clearance services that are civil, standardized, efficient, and safe for personnel entering into or exiting China.
......
 二是加强外国人入出境服务管理。进一步深化引智引资战略,实施了外籍高层次人才、投资者签证便利政策和持居留许可外国人免办签证入境制度。增设口岸签证点,增加口岸办理团体旅游签证职能。在上海、广东,海南等地实施免签证入境、过境政策,服务区域经济发展和国家改革开放大局。全国出入境边防检查机关不断提高边检服务水平,为广大入出境人员提供文明、规范、高效、安全的通关服务。
......

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