Article 76 of China's Exit and Entry Administration Law — the Six Violations and Their Penalties
Article 76 lists six violations — from refusing document checks to skipping accommodation registration — each punished with a warning plus a fine of up to RMB 2,000. It closes with a separate penalty line for hotels: a warning, rising to RMB 1,000–5,000 in serious cases, for failing to submit guests' registration information to police.
About the text on this page: this is a structured walkthrough of Article 76 based on the official English translation published by the National Immigration Administration. The English translation is for reference only — where it differs from the Chinese authoritative text, the Chinese text prevails. All quoted wording is from the official translation.
Article 76 at a glance: violation → penalty
One line per violation. The six items share the same penalty ceiling; the hotel paragraph at the end has its own.
- Refusing exit/entry document examination by police → warning + fine up to RMB 2,000 (item 1)
- Refusing to submit your residence permit for examination → warning + fine up to RMB 2,000 (item 2)
- Missing a foreigner's birth registration or death declaration formalities → warning + fine up to RMB 2,000 (item 3)
- Not altering registration when residence permit items change → warning + fine up to RMB 2,000 (item 4)
- Using another person's exit/entry documents → warning + fine up to RMB 2,000 (item 5)
- Skipping accommodation registration (the Article 39 paragraph 2 24-hour rule) → warning + fine up to RMB 2,000 (item 6)
- Hotel failing to process accommodation registration → punished under the public-security penalties law (hotel paragraph)
- Hotel failing to submit guests' registration information to police → warning; RMB 1,000–5,000 in serious cases (hotel paragraph)
The six violations, item by item
The article opens: "Under any of the following circumstances, a warning shall be given, and a fine of not more than RMB 2,000 yuan may also be imposed:" — then lists the six items below, quoted from the official English translation.
Item (1)
Foreigners refuse to accept examination of their exit/entry documents by public security organs
In plain terms: Refusing to hand over your passport or visa when police check your exit/entry documents.
Item (2)
Foreigners refuse to submit their residence permits for examination
In plain terms: Refusing to show your residence permit when asked to submit it for examination.
Item (3)
Persons concerned fail to go through the formalities for foreigners' birth registration or death declaration in accordance with relevant regulations
In plain terms: Missing the required birth registration for a foreign infant born in China, or the death declaration for a foreigner who passes away in China.
Item (4)
Foreigners fail to go through the formalities for altering registration in accordance with the relevant regulations when there is any change in the registered items in their residence permits
In plain terms: Your residence permit's registered items change (name, passport number, address and the like) and you do not file the alteration formalities.
Item (5)
Foreigners in China use others' exit/entry documents
In plain terms: Using someone else's passport, visa or other exit/entry document — even with their consent.
Item (6)
Persons concerned fail to go through registration formalities in accordance with the provisions in the second paragraph of Article 39 of this Law
In plain terms: Skipping accommodation registration: staying somewhere other than a hotel without registering with the local police within 24 hours of arrival. This is the item that covers the everyday renter or house-guest scenario.
The hotel paragraph: a separate penalty line
Article 76 ends by turning to hotels — the other side of China's accommodation registration system:
- A hotel that fails to process accommodation registration for foreigners is punished under the relevant provisions of the Law of the People's Republic of China on Penalties for Administration of Public Security — a different statute, not the RMB 2,000 cap above.
- A hotel that fails to submit foreigners' accommodation registration information to the public security organs is given a warning; where circumstances are serious, it is fined not less than RMB 1,000 yuan but not more than RMB 5,000 yuan.
This is hotel-side exposure, but it is why front desks in China insist on scanning every foreign guest's passport: reporting your stay to the police is their legal duty, with a fine range (RMB 1,000–5,000) that only bites when they skip it.
The everyday scenario: missing the 24-hour accommodation registration
For most foreign readers, the item that matters is item (6). Article 39 paragraph 2 of the same law requires that foreigners residing or staying anywhere other than a hotel — a rented apartment, their own home, a friend's place — register with the public security organ of the place of residence within 24 hours after arrival, either in person or through the persons who accommodate them. Skip that, and the violation lands in Article 76: a warning, plus a possible fine of up to RMB 2,000.
The duty itself — who registers, where, and how, including the online channels — is laid out in Article 39, the accommodation registration clause. For the step-by-step registration process, see the China accommodation registration guide or the Wuhan police registration city guide.
One boundary worth knowing: Article 76 only reaches these six lighter violations. Heavier conduct — overstaying into illegal residence, or working illegally — is punished under other articles with much steeper ranges (illegal residence, for example, brings a fine of RMB 500 per day capped at RMB 10,000, or 5–15 days' detention, in serious cases under Article 78). And decisions under a different clause entirely (granting extensions, changes and reissuances) are governed by Article 36, which makes refusal decisions final — Article 76 does not apply there.
Frequently Asked Questions
What is Article 76 of China's Exit and Entry Administration Law?
It is the penalty clause for six lighter violations of the law. Under Article 76, in any of the six listed circumstances "a warning shall be given, and a fine of not more than RMB 2,000 yuan may also be imposed". The six items cover refusing document or permit examination, missing birth registration or death declaration formalities, failing to alter residence permit registration, using another person's exit/entry documents, and failing to register accommodation under Article 39 paragraph 2.
What is the penalty for not registering your accommodation within 24 hours in China?
Article 76 item (6): failing to go through registration formalities under Article 39 paragraph 2 brings a warning, and a fine of not more than RMB 2,000 yuan may also be imposed. The law sets no minimum fine — the amount at the counter depends on the officer's discretion, and a warning alone is possible.
What happens if a hotel fails to register foreign guests in China?
Hotels are punished separately, in the closing paragraph of Article 76. A hotel that fails to process accommodation registration for foreigners is punished under the Law of the People's Republic of China on Penalties for Administration of Public Security. A hotel that fails to submit foreigners' accommodation registration information to the public security organs is given a warning; where circumstances are serious, it is fined not less than RMB 1,000 yuan but not more than RMB 5,000 yuan.
Is there a minimum fine under Article 76?
No. The clause says a warning shall be given, "and a fine of not more than RMB 2,000 yuan may also be imposed" — the fine is optional and capped at RMB 2,000, with no floor. In practice that means outcomes range from a warning only up to a warning plus a RMB 2,000 fine.
What is the penalty for using someone else's passport or visa in China?
Article 76 item (5): a foreigner in China who uses another person's exit/entry documents receives a warning, and a fine of not more than RMB 2,000 yuan may also be imposed. Do not confuse this with crossing the border on someone else's documents — exiting or entering China using others' exit/entry documents is a separate, much steeper offense under Article 71: a fine of RMB 1,000–5,000, rising to detention of 5–10 days plus a fine of RMB 2,000–10,000 where circumstances are serious.
Which six violations fall under Article 76?
The six items are: (1) refusing to accept examination of exit/entry documents by public security organs; (2) refusing to submit residence permits for examination; (3) failing to complete a foreigner's birth registration or death declaration formalities; (4) failing to alter registration when registered items in a residence permit change; (5) using other people's exit/entry documents; and (6) failing to register accommodation as required by Article 39 paragraph 2. Each carries a warning plus a possible fine of up to RMB 2,000.
How is Article 76 item (6) different from the hotel paragraph?
Item (6) punishes the foreigner (or their host) who skips the Article 39 paragraph 2 registration — the 24-hour rule for stays outside hotels. The closing paragraph of Article 76 punishes the hotel side instead: a hotel that fails to submit guests' registration information to police gets a warning, rising to a fine of RMB 1,000–5,000 in serious cases. Two different duty-holders, two different penalty lines in the same article.
Source & verification
Source: National Immigration Administration — Exit and Entry Administration Law of the People's Republic of China, updated 2021-03-10. https://en.nia.gov.cn/n147418/n147458/c155978/content.html
Last verified: 2026-09-06
Item list, penalty amounts and hotel paragraph are transcribed from the official English translation of the law (Article 76). The English translation is for reference only — the Chinese authoritative text prevails. Local public security organs apply the rules on site; their instructions and the officer's discretion on fine amounts govern individual cases.