China's New Exit and Entry Regulation: What Multinational Companies Need to Know

On 31 July 2026, China’s State Council issued the Provisions on Exit and Entry Administration (State Council Order No. 841, hereinafter the “Provisions”), which will take effect on 15 September 2026.

Comprising 19 articles, the Provisions represent one of the most significant administrative regulations in the field of exit and entry administration since the Exit and Entry Administration Law came into force in 2013.

This article outlines the key content of the Provisions and their practical implications for multinational enterprises.

 

Exit Bans on Chinese Citizens

Article 4 of the Provisions sets out three categories of circumstances under which Chinese citizens may be prohibited from leaving China:

• Where a Chinese citizen has been subject to administrative detention for fraudulently obtaining exit-entry documents or illegally crossing borders, the immigration authorities may impose an exit ban of 6 months to 3 years following completion of the penalty;
• Where a Chinese citizen has engaged in illegal or criminal activities overseas that endanger national security or interests, an exit ban of 6 months to 3 years may be imposed after the individual's return to China;
• Export control violations are now expressly linked to exit bans: where a Chinese citizen violates export control or technology import/export administration regulations and may endanger national industrial or technological security, competent State Council departments may decide to prohibit that person from leaving China. Notably, no fixed time limit is specified for this category.

 

Entry Restrictions on Foreign Nationals

Article 5 of the Provisions strengthens the administration of foreign nationals’ entry into China on three fronts:

• Heightened consequences for false materials. Where a foreign national provides false materials or makes false statements when applying for a Chinese visa abroad or applying for entry at a port of entry, the authorities may impose an entry ban of 1 to 5 years. Previously, the legal consequence for such conduct was typically limited to denial of the visa application.
• Entry bans triggered by prior violations. Foreign nationals who have received criminal penalties for disrupting border administration, or administrative penalties for fraudulently obtaining exit-entry documents or illegal border crossing, may likewise be banned from entering China for 1 to 5 years.
• Counter-measures lists integrated with the exit-entry system. Foreign nationals who are placed on a countermeasures list, the Unreliable Entity List, or the Malicious Entity List may be denied visas or prohibited from entering China.

 

Notification Procedures for Exit Bans

Article 6 of the Provisions establishes the notification framework for exit ban decisions: the decision-making authority shall, in principle, inform the individual in writing of the facts, reasons, legal basis, and available remedies. However, where notification may affect national security or the investigation of criminal cases, the individual may not be informed. Companies should be aware of these procedural arrangements when planning cross-border travel for relevant personnel.

 

Registration System for Intermediary Service Providers

The Provisions introduce a registration (filing) system for intermediary agencies providing immigration, visa, and related services. Newly established agencies must complete registration within 15 days of establishment, while agencies already operating before the Provisions take effect must complete registration within 90 days thereafter. Foreign enterprises and institutions are prohibited from providing exit-entry intermediary services within China; however, foreign-invested enterprises lawfully established in China may engage in such services in accordance with the law.

 

Our Recommendations

We recommend that multinational companies carefully assess their existing and future cross-border personnel arrangements — including short-term business travel, long-term assignments, and talent mobility — with particular attention to the following:

• Establish and maintain robust internal review processes for visa applications, ensuring that all application materials and entry declarations submitted by foreign employees and executives are truthful, accurate, and complete.
• Companies operating in sectors involving controlled technologies should, prior to arranging personnel travel to or from China, ensure that relevant individuals are aware of the latest requirements under China's exit-entry administration and export control laws and regulations, taking into account the specific controlled items and technology areas relevant to their business.
• When engaging intermediary agencies to handle visa applications or other exit-entry matters on behalf of employees, companies should verify the agencies' qualifications and registration status to ensure that service providers have completed the required filings in accordance with the regulations.