Immigration fines in China: who decides them and how they are paid

If you are fined under China's Exit and Entry Administration Law, the penalty is decided by the public security organs of local people's governments at or above the county level, or by the exit/entry border inspection authorities (Law, Article 70). You pay the fine at a designated bank within 15 days of receiving the written penalty decision (Law, Article 87).

Who decides the penalty

Article 70 sets the general rule: unless another article in that chapter says otherwise, administrative penalties under the chapter are decided by public security organs under local people's governments at or above the county level, or by the exit/entry border inspection authorities.

The same article adds a narrower channel. Penalties that consist of a warning, or of a fine of not more than RMB 5,000, may be decided by the exit/entry administrations of public security organs under local people's governments at or above the county level.

One further case is decided at the border. Where a violation of exit/entry administration rules carries a fine of not more than RMB 500, the exit/entry border inspection authorities may make the penalty decision on the spot (Law, Article 86).

How the fine is paid

Article 87 gives the payment rule. A person or entity fined for violating exit/entry administration rules pays the fine at the designated banks within 15 days from the date of receiving the written decision on penalty.

The same article allows collection on the spot in two situations: where the person or entity has no fixed domicile in the place where the fine is imposed, making collection afterwards difficult, or where it is difficult to pay the designated bank at the port. The Law does not say how that on-spot payment is receipted, and it does not describe instalments, appeals or consequences of late payment — this page does not add them.

The two fine provisions students ask about

The Law speaks of "foreigners" generally; it names foreign students only in Articles 42, 43 and 45. The amounts below apply to foreigners, including foreign students.

Article 76 — warning, with a possible fine of up to RMB 2,000. A warning shall be given, and a fine of not more than RMB 2,000 may also be imposed, in six listed situations. Two of them touch things a student actually handles: refusing to submit a residence permit for examination, and failing to go through the formalities for altering registration when a registered item on the residence permit changes. The others are refusing examination of exit/entry documents, failing to complete birth registration or death declaration formalities, using another person's exit/entry documents, and failing to complete registration formalities under the second paragraph of Article 39.

Article 78 — illegal residence. Foreigners who reside in China illegally shall be given a warning. Where circumstances are serious, the penalty is a fine of RMB 500 per day, capped at RMB 10,000 in total, or detention of not less than five days and not more than 15 days. Where a guardian fails in that duty and a foreigner below 16 resides in China illegally as a result, the guardian or other obligated person is given a warning and may also be fined not more than RMB 1,000.

Article 76 and Article 78 describe the conduct and the ceiling. Neither article states which of the Article 70 authorities will handle a given case, and the Law does not say how "serious circumstances" is assessed.

If you need to correct registration details on a residence permit, see after arrival.

Questions people ask

Can a fine be decided and paid at the border?

Yes, for small ones. Where the fine is not more than RMB 500, the exit/entry border inspection authority may decide it on the spot (Law, Article 86), and a fine may be collected on the spot where paying the designated bank at the port is difficult (Law, Article 87).

Who can decide a warning or a fine of up to RMB 5,000?

The exit/entry administrations of public security organs under local people's governments at or above the county level (Law, Article 70).

How long do I have to pay?

Fifteen days from the date you receive the written decision on penalty, at the designated banks (Law, Article 87).

What is the daily rate for illegal residence?

RMB 500 per day where circumstances are serious, with a total cap of RMB 10,000 (Law, Article 78).

Sources

• Exit and Entry Administration Law of the People's Republic of China — National Immigration Administration (English text on its website, page dated 10 March 2021; the Law was adopted on 30 June 2012 and came into force on 1 July 2013, per Article 93)

Checked 11 October 2026.

This page is an unofficial summary of the official text, is not legal or immigration advice, and is not published by the National Immigration Administration or any other body named here; where the official text or the instructions of the visa office or exit-entry office handling your case differ, those prevail.