Stay permit, residence permit or visa: three different documents

A visa, a residence permit and a stay permit are three different things, and each one is governed by a different provision. The visa sets how long you may stay in China after each entry, under Law, Article 29. A residence permit is applied for after entry when the visa says you need one, under Law, Article 30. A stay permit covers the cases listed in Law, Article 34, such as staying longer than a visa-free period.

What the visa allows

Law, Article 29 says that where the duration of stay specified in a visa held by a foreigner does not exceed 180 days, the holder may stay in China within the duration specified therein.

Regulations, Article 36 sets the terms for this. Item 3 says the duration of stay specified in the visa "means the period of time during which the visa holder is allowed to stay in China after each entry. It begins from the next day of entry." Item 4 defines short-term as "staying in China for a period not exceeding 180 days (including 180 days)". Item 5 defines long-term or resident as "residing in China for a period exceeding 180 days."

If you need more time, Law, Article 29 sets the extension rule. The visa holder shall file an application with the exit/entry administration of public security organ under the local people's government at or above the county level in the place of stay "seven days prior to the expiry of the duration specified in the visa". The accumulated length of extension "shall not exceed the original duration of stay specified in the visa."

As a planning suggestion, not a rule, write down your entry date and the last day of your visa's duration so you can see the seven-day deadline in Law, Article 29 in advance.

Residence permit

Law, Article 30 applies where the visa says the foreigner needs to apply for a residence permit after entry. Such a foreigner shall, "within 30 days from the date of their entry," apply to the exit/entry administration of the public security organ under the local people's government at or above the county level in the proposed place of residence.

The applicant shall submit a passport or other international travel documents, together with information on the specific application matters. The applicant shall also provide biometric identification information such as fingerprints.

The validity period depends on the type of permit. Under Law, Article 30, a work-type residence permit has a validity period of "90 days at the minimum and five years at the maximum". A non-work-type residence permit has a validity period of "180 days at the minimum and five years at the maximum".

Stay permit

Law, Article 34 covers three situations in which a stay permit should be applied for. The first is when visa-exempt foreigners need to stay in China longer than the visa-free period. The second is when foreign seamen and their accompanying family members need to leave the cities where the ports are located. The third is under other circumstances in which foreigners' stay permits should be applied for. In each case, the foreigner "shall apply for such permits in accordance with relevant regulations."

Law, Article 34 also states that "the maximum validity period of a foreigner's stay permit shall be 180 days."

The National Immigration Administration's service guide on the issue, replacement and reissue of foreigners' stay permits sets out who may apply, in its section 4. The English below is this site's translation of the Chinese text of that section.

Section 4 says that foreigners who need to stay in China beyond the visa-free period, foreign seamen and their accompanying family members who need to leave the port city, and others in circumstances where a stay permit should be applied for must apply for the permit under the regulations.

Section 4 says that a foreigner applying for a stay permit shall handle the procedures in person at the exit/entry administration of the public security organ.

Section 4 also lists three situations in which the procedures may be handled on the applicant's behalf by the inviting entity or individual, the applicant's relatives, or a relevant specialised service organisation:

1. The applicant is under 16 years old, or 60 years old or above, or has difficulty moving because of illness or other reasons.
2. The applicant is not entering China for the first time and has a good record of stay and residence in China.
3. The inviting entity or individual provides guarantee measures for the expenses the foreigner needs during the stay in China.

Which document applies

Document	Who needs it	Article
Visa	Foreigners staying within the duration specified in the visa, where that duration does not exceed 180 days	Law, Article 29
Residence permit	Foreigners whose visa specifies that they need to apply for a residence permit after entry	Law, Article 30
Stay permit	Visa-exempt foreigners staying longer than the visa-free period; foreign seamen and accompanying family members leaving the port city; others in circumstances where a stay permit should be applied for	Law, Article 34; NIA service guide, section 4

Questions people ask

Is a stay permit the same as a residence permit?

No. Law, Article 30 covers residence permits, which apply where the visa says a foreigner must apply after entry. Law, Article 34 covers stay permits, which apply in the situations it lists. Article 34 sets the maximum validity of a stay permit at 180 days.

Which article tells me whether my stay is short-term or long-term?

Regulations, Article 36, item 4 defines short-term stays as those not exceeding 180 days, including 180 days. Item 5 defines long-term or resident as residing in China for a period exceeding 180 days.

Who may apply for a stay permit on my behalf?

Section 4 of the NIA service guide says the applicant shall handle the procedures in person, but lists three situations in which the inviting entity or individual, relatives, or a relevant specialised service organisation may apply on the applicant's behalf.

Sources

• Exit and Entry Administration Law of the People's Republic of China (English text published by the National Immigration Administration), National Immigration Administration
• Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners (English text published by the National Immigration Administration), National Immigration Administration
• National Immigration Administration service guide on the issue, replacement and reissue of foreigners' stay permits (Chinese original), National Immigration Administration (government service platform s.nia.gov.cn)

Checked 10 and 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 differs from this page, the official text and the current notice of the office handling your case prevail.