X1 & X2 Visa GuideUnofficial When a visa or residence permit is declared void, cancelled or confiscated
Unofficial summary · Sources checked
A visa, stay permit or residence permit does not only come to an end by expiry. It can also be brought to an end by decision, in two legally distinct ways: the issuing authority declares it null and void, in the four situations listed in Article 34 of the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners (State Council Decree No. 637); or a public security organ cancels or confiscates it, in the three situations listed in Article 35 of the same Regulations. Article 67 of the Exit and Entry Administration Law of the People's Republic of China is the provision behind both.
The Regulations have been in force since 1 September 2013; the Law has been in force since 1 July 2013 (Law, Article 93). Both texts below are the English versions published by the National Immigration Administration.
When the issuing authority declares a document null and void
Regulations Article 34 lists four circumstances. In each of them, the visa, stay permit or residence permit held by a foreigner "shall be declared null and void by the issuing authority":
- The document is lost, damaged, destroyed, stolen or robbed.
- A time limit for the holder's exit, repatriation or deportation from China has been decided, and the document has not already been confiscated or cancelled.
- The original purpose of residence has changed, and the holder fails to report to the exit and entry administration authority of the public security organ within the prescribed time limit, and still fails to do so after that organ has given a public notice about it.
- Circumstances exist in which a visa or residence permit shall not be issued, as prescribed by Article 21 or Article 31 of the Law.
Article 34 also says how the declaration is made: the issuing authority may declare a document null and void on the spot, or through a public notice.
The Law expresses the first of these grounds in slightly different words. Law Article 67 says that where exit/entry documents such as visas or foreigners' stay or residence permits are damaged, lost or stolen, or where, after the documents were issued, the holders are found not eligible to be issued such documents, the issuing authorities shall declare those documents void. The Regulations' version adds "destroyed" and "robbed", and handles ineligibility by pointing to two articles of the Law instead of restating it.
Whether a document declared void still counts as valid is settled by Law Article 67: exit/entry documents that are forged, altered, obtained by fraudulent means, or declared void by issuing authorities shall be invalid.
When a public security organ cancels or confiscates a document
Regulations Article 35 lists three circumstances, and in each of them the document "shall be canceled or confiscated by a public security organ":
- The issuing authority declares it null and void, or it is being used fraudulently by someone else.
- It is forged, altered, or obtained by fraud or other illegal means.
- The holder has been decided on a time for exit, repatriation or deportation from China.
One further step follows from Article 35: the authority that makes the decision to cancel or confiscate a visa, stay permit or residence permit shall, in a timely manner, notify the issuing authority.
Law Article 67 says the same thing from the other direction. Its third paragraph states that public security organs may cancel or confiscate the exit/entry documents named in the preceding paragraph — forged, altered, fraudulently obtained, or declared void — or documents used fraudulently by persons other than the specified holders.
The two mechanisms therefore overlap rather than sit side by side. A declaration of voidness under Article 34 is itself one of the grounds for cancellation or confiscation under Article 35(1), and a document that has been declared void is invalid under Law Article 67.
The two mechanisms compared
| Declared null and void | Cancelled or confiscated | |
|---|---|---|
| Where it is set out | Regulations, Article 34; Law, Article 67 | Regulations, Article 35; Law, Article 67 |
| Who acts | The issuing authority | A public security organ |
| Grounds | Four listed circumstances, including loss, damage, destruction, theft or robbery; a decided exit, repatriation or deportation time where the document has not already been cancelled or confiscated; an unreported change in the purpose of residence; and non-issue grounds under Law Articles 21 and 31 | Three listed circumstances: a declaration of voidness or fraudulent use by someone else; forgery, alteration, fraud or other illegal means; and a decided exit, repatriation or deportation time |
| How it is done | On the spot, or through a public notice | Not stated in Article 35 |
| What follows | Not stated in Article 34 | The decision-making authority notifies the issuing authority in a timely manner |
| Effect on validity | A document declared void is invalid (Law, Article 67) | Not stated separately in either article |
If you are given a time to leave
Regulations Article 33 covers the case in which it is decided that a foreigner will exit China within a certain time limit. The decision-making authority shall, after cancelling or confiscating the original exit and entry documents, go through the formalities for the person's stay in China and set the time limit for exit. That time limit shall not exceed 15 days.
Fifteen days is a ceiling, not a fixed period: the article says the limit "shall not exceed 15 days" and does not say what a shorter limit would be, or what the stay formalities consist of.
What these articles do not say
Articles 34 and 35 of the Regulations and Article 67 of the Law are short, and several things a reader would want to know are outside them:
- Article 34(3) refers to a "prescribed time limit" for reporting a change in the purpose of residence, but the English texts of the Regulations and the Law do not state how long that limit is.
- Article 34(4) refers to Article 21 and Article 31 of the Law. In the Law, Article 21 lists six circumstances in which visas shall not be issued to foreigners, and Article 31 lists five circumstances in which a foreigner's residence permit shall not be issued; each ends with a catch-all for other circumstances in which the issuing authority considers the document should not be issued.
- Articles 34 and 35 of the Regulations do not define "issuing authority" or set out a procedure for replacing a document that has been lost or stolen. Replacement is dealt with elsewhere: Law Article 35 says that where ordinary visas, stay or residence permits held by foreigners need to be reissued due to damage, loss, theft, robbery or other reasons after entry, the foreigners shall apply for a reissue with the exit/entry administrations of public security organs under local people's governments at or above the county level in the places of stay or residence; and Regulations Article 11 says that where the visa of a foreigner in China is lost, damaged, destroyed, stolen or robbed, the applicant shall, in a timely manner, apply to the exit and entry administration authority of the public security organ at or above the county level in the place of stay for reissuance of the visa.
- Articles 34 and 35 of the Regulations and Article 67 of the Law set out no appeal, review or remedy against a declaration, cancellation or confiscation. Law Article 64 provides for administrative reconsideration of measures such as continued interrogation, detention for investigation, movement restriction or repatriation, but it does not mention the declaration, cancellation or confiscation of documents.
- These provisions speak of "foreigners" and of holders of a visa, stay permit or residence permit. They do not single out students.
Questions people ask
Is a lost or stolen residence permit still valid?
No, once the issuing authority declares it void. Law Article 67 requires issuing authorities to declare such documents void where they are damaged, lost or stolen, and its second paragraph states that documents declared void by issuing authorities shall be invalid. Regulations Article 34(1) lists loss, damage, destruction, theft and robbery among the grounds for that declaration.
Can a public security organ take my residence permit away?
Yes, in the three situations in Regulations Article 35: the issuing authority has declared the document void, or someone else is using it fraudulently; the document is forged, altered or obtained by fraud or other illegal means; or a time for your exit, repatriation or deportation has been decided. The authority making the decision must notify the issuing authority in a timely manner.
Does changing what I am in China for affect my permit?
It can, through Regulations Article 34(3). If the original purpose of residence has changed and you fail to report to the exit and entry administration authority of the public security organ within the prescribed time limit, and still fail after that organ has given a public notice, the document can be declared null and void. The English texts of the Regulations and the Law do not state how long the prescribed time limit is; see work, internships and changes to your status for what the site covers elsewhere.
How long can I be given to leave?
Regulations Article 33 says the time limit set for exit shall not exceed 15 days. Before setting it, the decision-making authority cancels or confiscates the original exit and entry documents and goes through the formalities for the stay in China.
Are "void" and "cancelled" the same thing?
No. Being declared null and void is the issuing authority's act, under Regulations Article 34 and Law Article 67. Being cancelled or confiscated is a public security organ's act, under Regulations Article 35. They are connected: Article 35(1) lists a declaration of voidness as one of the grounds for cancellation or confiscation.
Sources
- Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners — National Immigration Administration (English text; State Council Decree No. 637)
- Exit and Entry Administration Law of the People's Republic of China — National Immigration Administration (English text)
Checked 11 October 2026
This page is an unofficial summary of the official texts, is not legal or immigration advice, and is not published by the National Immigration Administration or any other body named here; if the official text or the instructions of the visa office or exit-entry administration authority handling your case differ from what is written above, the official text and those instructions prevail.