Carrying your passport in China: Article 38 and the checks it allows

Yes. Under Article 38 of the Exit and Entry Administration Law, foreigners aged 16 or over who stay or reside in China shall carry their passport or other international travel document, or their foreigners' stay or residence permit. They shall also accept inspection by public security organs. The rule below states what Article 38 requires, and where the penalty for refusing inspection is written.

What Article 38 requires

Law, Article 38, first paragraph, reads:

Foreigners having reached the age of 16 who stay or reside in China shall carry with them their passports or other international travel documents, or foreigners' stay or residence permits, and accept the inspection of public security organs.

Two parts of this sentence apply to you as a visitor: the duty to carry a document, and the duty to accept inspection. The provision names the age threshold of 16, and it applies to foreigners who stay or reside in China.

Foreigners who reside in China

Law, Article 38, second paragraph, reads:

Foreigners who reside in China shall, within the prescribed time limit, submit foreigners' residence permits to public security organs under local people's governments at or above the county level in the places of residence for examination.

This paragraph applies to residents. It requires them to submit their residence permits for examination within the prescribed time limit, to public security organs under local people's governments at or above the county level where they live.

Photocopies and photos on a phone

Article 38 does not mention photocopies or photos of a document taken on a phone. The article names only the passport, other international travel documents, and foreigners' stay or residence permits.

What refusing inspection can lead to

Law, Article 76, sets out penalties. Item (1) of the Article reads:

(1) Foreigners refuse to accept examination of their exit/entry documents by public security organs;

For this item, Article 76 provides: "a warning shall be given, and a fine of not more than RMB 2,000 yuan may also be imposed." The fine is therefore optional ("may also be imposed") and capped at RMB 2,000 yuan.

Item (2) of Article 76 covers a related case, where foreigners refuse to submit their residence permits for examination.

Related rule: purpose of stay and duration

Law, Article 37, reads:

Foreigners who stay or reside in China shall not engage in activities not corresponding to the purpose of stay or residence, and shall leave China prior to the expiry of the prescribed duration of stay or residence.

Article 37 is separate from the carrying duty in Article 38. It concerns the activities you undertake and the date you must leave.

A suggestion, not a rule

Before you travel, check that the passport you carry is the one you intend to use for entry, and keep it with you when you leave your accommodation. This is planning advice, not a requirement of any of the provisions above.

Sources

• Exit and Entry Administration Law of the People's Republic of China (English text published by the National Immigration Administration), National Immigration Administration

Checked 11 October 2026

This page is an unofficial summary. It is not published by or affiliated with the National Immigration Administration, the Ministry of Foreign Affairs, any embassy, consulate or visa application service centre, and it is not legal or immigration advice; if the official text and the current notice of the office handling your case differ, the official text and that notice prevail.