China’s State Council has reinstated a registration regime for all agencies that provide emigration, visa and other exit‑entry services. Premier Li Qiang signed Order No. 841 on 22 July; the rules take effect on 15 September, with a compliance window that runs until mid‑December for existing operators.
Who must register and the timetable
- New agencies – must file with the local immigration authority within 15 days of establishment.
- Existing agencies and staff – have 90 days from 15 September (mid‑December) to submit their filings.
- Filing process – will be administered mainly online by the National Immigration Administration (NIA) in coordination with market regulators.
- Free, non‑profit advice – policy counselling offered without a profit motive is excluded from the definition of “intermediary services.”
Minimum requirements for a filed agency (Article 8)
- Legal establishment – the legal representative must have no criminal penalty for an intentional crime.
- Staff qualifications – employees who interact directly with clients must be free of convictions for intentional crimes against national security, public safety or border administration and must possess working knowledge of exit‑entry law.
- Financial and physical resources – agencies must have sufficient funds and premises proportionate to the services offered.
- Internal controls – documented systems for personnel management, training, record retention, data security and compliance.
- Overseas partner – agencies handling outbound work must already have a cooperation relationship with a relevant overseas service institution, evidenced by a signed letter of intent. This mirrors a 2001 requirement that was removed in the 2018 deregulation.
- No minimum headcount – unlike the 2001 rules, the new order does not stipulate a minimum number of staff.
Restriction on foreign entities
- Overseas enterprises and institutions are barred from providing exit‑entry intermediary services in China.
- Foreign‑invested companies legally established in China, as well as Hong Kong, Macau and Taiwan‑invested firms, may continue to operate.
- The ban aligns with the 2001 Measures, which previously prohibited foreign institutions from obtaining operating permits for such services.
Conduct rules and reporting duties (Article 10)
- Agencies may not publish false information, use exaggerated promotion, or assist clients in obtaining visas, residence permits or passports in violation of the law.
- Leakage or unlawful sale of commercial secrets, personal data or case information is prohibited.
- Providing services outside the scope of the filed registration constitutes a breach.
- Agencies must refuse and promptly report any request from public officials, military personnel or similar clients to obtain foreign nationality or permanent residence in breach of regulations.
Penalties
| Violation | Fine (RMB) | Additional sanctions |
|---|---|---|
| Failure to file or meet Article 8 conditions (minor) | 5,000 – 10,000 | Order to correct; possible suspension or closure |
| Failure to file or meet conditions (serious) | 10,000 – 50,000 | Permit or business‑license revocation |
| Conduct that disrupts exit‑entry administration | 20,000 – 50,000 (or 1‑5 × illegal gains if ≥ 20,000) | Confiscation of illegal gains |
| Responsible managers/staff (personal liability) | 10,000 – 50,000 | Personal fines; possible suspension or revocation of permits |
| Individual service providers (serious breach) | Up to 5,000 | Order to stop, confiscation of gains |
Background: the regime being replaced
- 2000‑2001 – Licensing introduced via State Council notice and Order No. 59; permits lasted five years, required annual inspection and a reserve deposit of at least RMB 500,000 (≈ US$74,000).
- 2018 deregulation – Permits were separated from business licences; from 10 Nov 2018 local exit‑entry departments stopped accepting applications, existing permits lapsed, and deposits were refunded.
- Market impact – Researchers estimated 4,857 – 27,238 intermediaries in 2019, 82 % of them under five years old. By June 2026, the NIA cites over 160,000 entities offering private‑purpose exit‑entry services, though the figure is acknowledged as incomplete.
Expanded exit‑ban provisions (Article 4)
- Administrative detention for fraudulently obtaining travel documents or illegal border crossing – bans of 6 months to 3 years, counted from the end of the penalty.
- Criminal activity abroad that harms national security or interests – same ban range, counted from the citizen’s return to China.
- Export‑control or technology‑security violations – bans imposed with no specified time limit.
- The deciding authority must notify the immigration authority and the individual in writing, except where disclosure could jeopardise national security or a criminal investigation.
Implications for overseas destination‑side firms
- Foreign‑based program firms and licensed agents are not required to register themselves, but their Chinese counterparts must.
- The outbound‑partner requirement in Article 8 now makes the existence of a documented referral or cooperation agreement part of the filing, prompting firms that previously operated without formal paperwork to formalise such arrangements.
Key compliance date: existing Chinese emigration agencies must complete their registration by mid‑December 2026, pending detailed filing procedures to be issued by the NIA.
Source article: www.imidaily.com
