Do international students in China have to carry their passport? Article 38
Unofficial summary · Sources checked
Yes. Under Article 38 of the Exit and Entry Administration Law of the People's Republic of China, foreigners who have reached the age of 16 and stay or reside in China must carry their passport or other international travel document, or their stay or residence permit, and accept inspection by public security organs. There is no separate rule for students in this article: the Law addresses "foreigners", and only Articles 42, 43 and 45 name foreign students specifically.
What Article 38 requires
The first paragraph sets the carrying duty. You carry one of the listed documents — a passport or other international travel document, or a stay or residence permit — and you accept inspection by public security organs (Law, Article 38).
The second paragraph applies to residence rather than stay. Foreigners who reside in China must, within the prescribed time limit, submit their residence permits for examination to the public security organs under local people's governments at or above the county level in the place of residence (Law, Article 38). The supplied text states that a time limit is prescribed, but does not state how long it is.
The Law does not describe what a residence permit for study looks like, and does not say whether it takes the form of a page or sticker in the passport or a separate card. That detail is not in the text used here.
What happens if you refuse
Refusal is punished under Article 76:
- Refusing to accept examination of exit/entry documents by public security organs — Article 76(1).
- Refusing to submit a residence permit for examination — Article 76(2).
In both cases a warning shall be given, and a fine of not more than RMB 2,000 may also be imposed (Law, Article 76). The fine is discretionary and capped; the Law does not set a minimum amount for these two items.
Questions people ask
Does carrying the residence permit count instead of the passport?
Article 38 is written with "or": the duty is to carry a passport or other international travel document or a stay or residence permit. It does not rank the two options. The Law does not say whether a photocopy, a photograph or a digital image of a passport satisfies the requirement.
Is the RMB 2,000 fine automatic?
No. Article 76 provides for a warning in every listed case, with a fine of not more than RMB 2,000 as an additional possibility.
Where do I submit my residence permit for examination?
To the public security organ under the local people's government at or above the county level in your place of residence (Law, Article 38). The Law used here does not give the office's counter name, its opening hours, or the length of the prescribed time limit.
Sources
- Exit and Entry Administration Law of the People's Republic of China — National Immigration Administration (English text; page dated 10 March 2021) Checked 11 October 2026
This page is an unofficial summary of the official text. It is not legal or immigration advice, and it is not published by the National Immigration Administration or any other body named above. Where this summary and the official text differ, or where the visa office or exit-entry office handling your case gives different instructions, the official text and those instructions prevail.