Visas obtained by fraud and false invitation letters: Articles 73 and 74
What the Exit and Entry Administration Law of the People's Republic of China says about visas obtained by fraud and false written invitations, with the penalties printed in Articles 73 and 74.
A foreign passport holder who obtains a visa by resorting to fraudulent acts falls under Article 73 of the Exit and Entry Administration Law of the People's Republic of China (the "Law"). A person or entity that issues a written invitation or other application material to a foreigner in violation of the Law falls under Article 74. Article 19 makes the issuer of a written invitation liable for the fidelity of its contents, and item (4) of Article 21 lists resorting to fraudulent acts in a visa application as a circumstance in which visas shall not be issued.
Article 19: the issuer of a written invitation
Article 19 has two sentences. The first deals with the applicant:
"Where foreigners applying for visas need to provide written invitations issued by entities or individuals within China, the applicants shall provide such invitations in accordance with the requirements of the visa-issuing authorities abroad."
The second deals with the issuer:
"Entities or individuals that issue written invitations shall be liable for the fidelity of the contents."
Article 21(4): a ground for refusing a visa
Article 21 begins with the words "Under any of the following circumstances, visas shall not be issued to foreigners". Item (4) reads:
"(4) Resort to fraudulent acts in visa application or cannot guarantee expected expenditures during their stay in China;"
The final paragraph of Article 21 reads:
"The visa-issuing authorities are not required to give reasons for refusing the issuance of a visa."
Article 73: obtaining a visa or other entry document by fraud
Article 73 covers "persons who obtain exit/entry documents such as visas or stay or residence permits by resorting to fraudulent acts". The English text published by the National Immigration Administration gives the penalties as follows.
Individuals (first paragraph):
- A fine of not less than RMB 2,000 yuan but not more than RMB 5,000 yuan.
- Where circumstances are serious, detention of not less than 10 days but not more than 15 days, and also a fine of not less than RMB 5,000 yuan but not more than RMB 20,000 yuan.
Article 73 uses the phrase "where circumstances are serious" and does not define it.
Entities (second paragraph):
Entities engaging in any of the acts prescribed in the preceding paragraph shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan. The persons in charge of the entities who are directly responsible and other persons directly responsible shall be punished in accordance with the provisions in the preceding paragraph.
Article 74: false invitations and other application materials
Article 74 covers "persons who issue written invitations or other application materials to foreigners in violation of this Law". The words "false" and "fake" do not appear in Article 74. The test in the article is whether the issue was "in violation of this Law".
Individuals (first paragraph):
- A fine of not less than RMB 5,000 yuan but not more than RMB 10,000 yuan.
- The illegal gains are confiscated, if there are any.
- The person is also ordered to bear exit expenses of the invited foreigners.
Entities (second paragraph):
- A fine of not less than RMB 10,000 yuan but not more than RMB 50,000 yuan.
- The illegal gains are confiscated, if there are any.
- The entity is also ordered to bear exit expenses of the invited foreigners.
- The persons in charge of the entities who are directly responsible and other persons directly responsible shall be punished in accordance with the provisions in the preceding paragraph.
Summary of the penalties
| Provision | Who it applies to | Penalty printed in the article |
|---|---|---|
| Article 73, first paragraph | Individuals who obtain a visa or other document by fraudulent acts | Fine of RMB 2,000 to 5,000; where circumstances are serious, detention of 10 to 15 days and a fine of RMB 5,000 to 20,000 |
| Article 73, second paragraph | Entities engaging in the acts in the first paragraph | Fine of RMB 10,000 to 50,000; directly responsible persons punished under the first paragraph |
| Article 74, first paragraph | Individuals who issue written invitations or other application materials in violation of the Law | Fine of RMB 5,000 to 10,000; illegal gains confiscated if any; ordered to bear the invited foreigner's exit expenses |
| Article 74, second paragraph | Entities that do the same | Fine of RMB 10,000 to 50,000; illegal gains confiscated if any; ordered to bear the invited foreigner's exit expenses; directly responsible persons punished under the first paragraph |
Sources
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. The official text and the current notice of the office handling your case prevail if they differ.