Ordered to leave, repatriated or deported from China: what each term means in the Law
Explains how the Exit and Entry Administration Law and its Regulations separate being ordered to exit within a time limit, repatriation and deportation, with the entry ban each provision prints.
Being ordered to exit China within a time limit, repatriation and deportation are three separate measures under the Exit and Entry Administration Law. Each one has its own grounds, and each provision states its own entry ban, if it states one. Deportation is set out in Law, Article 81, second paragraph, with a ban of 10 years. Repatriation is set out in Law, Article 62, with a ban of one to five years.
The three measures side by side
| Measure | Where it is written | Grounds stated in that provision | Entry ban printed in that provision |
|---|---|---|---|
| Ordered to exit within a time limit | Law, Article 81, first paragraph | Activities not corresponding to the purposes of stay or residence, or other violations of Chinese laws or regulations that make the foreigner no longer eligible to stay or reside in China | None printed in this paragraph |
| Deportation | Law, Article 81, second paragraph | A violation of the Law that is serious but does not constitute a crime | "Deported foreigners shall not be allowed to enter China within 10 years calculating from the date of deportation." |
| Repatriation | Law, Article 62 | The four circumstances listed in Article 62 (see below) | "Repatriated persons shall not be allowed to enter China for one to five years, calculating from the date of repatriation." |
This site's translation is not used anywhere in this table, because the English texts are published by the National Immigration Administration.
Being ordered to exit within a time limit
Law, Article 81, first paragraph, reads: "Where foreigners engage in activities not corresponding to the purposes of stay or residence, or otherwise violate the laws or regulations of China, which makes them no longer eligible to stay or reside in China, they may be ordered to exit China within a time limit."
The Law does not give a number of days in that paragraph. Regulations, Article 33 covers the time limit for exit. It says that where it is decided that a foreigner will exit China within a certain time limit, the decision-making authority shall, after canceling or confiscating his or her original exit and entry documents, go through the formalities for his or her stay in China and set the time limit for his or her exit. It then states: "The time limit shall not exceed 15 days."
Deportation
Law, Article 81, second paragraph, reads: "Where a foreigner's violation of this Law is serious but does not constitute a crime, the Ministry of Public Security may deport them. The penalty decision made by the Ministry of Public Security shall be final."
The same paragraph states the entry ban: "Deported foreigners shall not be allowed to enter China within 10 years calculating from the date of deportation."
Repatriation
Law, Article 62 begins: "Under any of the following circumstances, foreigners may be repatriated:"
- "Are ordered to exit China within a prescribed time limit but fail to do so;"
- "Are involved in circumstances in which they are not allowed to enter China;"
- "Illegally reside or work in China; or"
- "Need to be repatriated for violation of this Law or other laws or administrative regulations."
The second paragraph of Article 62 reads: "Other overseas personnel who fall under any of the circumstances prescribed in the preceding paragraph may be repatriated in accordance with the law."
Article 62 also states: "Repatriated persons shall not be allowed to enter China for one to five years, calculating from the date of repatriation."
Item (1) of Article 62 refers to failing to exit within a prescribed time limit. That is one of the four listed grounds for repatriation, and it is the link between the two measures in the first two sections above.
Who pays for repatriation, and who carries it out
Regulations, Article 32 contains two paragraphs on these points.
The first paragraph reads: "A foreigner who is subject to repatriation shall bear the related expenses. If he or she is not able to do so, the entity or individual that employed him or her shall bear the expenses in the case of illegal employment; in other circumstances, the entity or individual that has guaranteed to cover the expenses of the foreigner during his or her stay or residence in China shall bear the expenses."
The second paragraph reads: "Repatriation of foreigners shall be carried out by the public security organs of the local people's governments at or above the county level or the exit and entry border inspection authorities."
Questions people ask
Is deportation from China the same as repatriation?
The Law places them in different provisions. Deportation is in Law, Article 81, second paragraph, and repatriation is in Law, Article 62. The entry bans printed for each are different: 10 years from the date of deportation under Article 81, and one to five years from the date of repatriation under Article 62.
Does being ordered to exit within a time limit carry an entry ban?
Law, Article 81, first paragraph, prints no entry ban. The entry bans quoted above appear in Law, Article 62 and in Law, Article 81, second paragraph, and apply to repatriation and deportation.
Suggestion, not a rule: if a document you receive cites one of these articles, compare its article number with the English text listed under Sources.
Sources
- Exit and Entry Administration Law of the People's Republic of China (English text), National Immigration Administration
- Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners (English text), National Immigration Administration
Checked 11 October 2026
This page is an unofficial summary, is not published by or affiliated with the National Immigration Administration, the Ministry of Foreign Affairs, any embassy, consulate or visa application service centre, is not legal or immigration advice, and if it differs from the official text, the official text and the current notice of the office handling your case prevail.