病毒不分国别，抗疫人人有责。疫情发生以来，中国政府始终高度重视中国境内包括外籍人士在内所有人员的生命安全和身体健康，依法保障外籍人士的合法权益。当前，我国疫情防控阶段性成效进一步巩固，国家移民管理局汇集了涉外籍人士疫情防控权利义务的相关法律规定，希望所有在中国境内的外籍人士严格遵守，积极配合防疫措施，共同防范疫情风险，维护好自己及他人的健康安全。
Virus knows no national borders. Everyone worldwide must take responsibility in fighting the epidemic. Since the outbreak of COVID-19, the Chinese government has attached great importance to the safety and health of all people in China, including foreigners, and has protected their legitimate rights and interests according to the law. Presently, as the positive trend in preventing and controlling the epidemic in China has been constantly consolidated and expanded, the National Immigration Administration has been collecting relevant legal provisions relating to the rights and obligations of foreigners in China in epidemic prevention and control. All foreigners in China shall strictly abide by the laws and regulations and actively cooperate when measures are taken to prevent the risks caused by the epidemic, for the good of your own health and safety, as well as that of others.
一、根据《中华人民共和国宪法》和《中华人民共和国出境入境管理法》，在中国境内的外国人的合法权益和利益受法律保护，在中国境内的外国人应当遵守中国法律，不得危害中国国家安全、损害社会公共利益、破坏社会公共秩序。
I. According to Constitution of the People's Republic of China and Exit and Entry Administration Law of the People's Republic of China, the legitimate rights and interests of foreigners in China shall be protected by laws. Foreigners in China shall abide by the Chinese laws, and shall not endanger China’s national security, harm public interests and disrupt social and public order.
Constitution of the People's Republic of China
Article 32 The People’s Republic of China protects the lawful rights and interests of foreigners within Chinese territory; foreigners on Chinese territory must abide by the laws of the People’s Republic of China. ...
Exit and Entry Administration Law of the People’s Republic of China
Article 3 ...The legitimate rights and interests of foreigners in China shall be protected by law. Foreigners in China shall abide by the Chinese law, and shall not endanger China’s national security, harm public interests and disrupt social and public order.
二、根据《中华人民共和国出境入境管理法》，外国人在中国境内期间应及时办理住宿登记，并自觉接受公安机关证件查验。同时，根据《中华人民共和国传染病防治法》《中华人民共和国国境卫生检疫法》《突发公共卫生事件应急条例》等法律法规规定，为有效防控传染病传播，切实保障公众生命安全和身体健康，中国各级人民政府和相关部门依法组织实施监测、隔离等有关防疫抗疫措施，在中国境内外国人应予以配合。
II. According to Exit and Entry Administration Law of the People’s Republic of China, foreigners in China shall register their accommodation on time and comply with the identification inspection of public security organs. In addition, according to Law of the People’s Republic of China on the Prevention and Treatment of Infectious Diseases, Frontier Health and Quarantine Law of the People’s Republic of China, and Regulations on Preparedness for and Response to Emergent Public Health Hazards, foreigners in China shall cooperate with the People’s governments at all levels and relevant departments in China when they take monitoring, isolation as well as other measures for effective prevention and control of the spread of infectious diseases and protection of public safety and health.
Exit and Entry Administration Law of the People’s Republic of China
Article 38 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.
第三十九条 外国人在中国境内旅馆住宿的，旅馆应当按照旅馆业治安管理的有关规定为其办理住宿登记，并向所在地公安机关报送外国人住宿登记信息。外国人在旅馆以外的其他住所居住或者住宿的，应当在入住后二十四小时内由本人或者留宿人，向居住地的公安机关办理登记。
中华人民共和国传染病防治法
第三十九条 ……对医疗机构内的病人、病原携带者、疑似病人的密切接触者，在指定场所进行医学观察和采取其他必要的预防措施。拒绝隔离治疗或者隔离期未满擅自脱离隔离治疗的，可以由公安机关协助医疗机构采取强制隔离治疗措施。……
第四十一条 对已经发生甲类传染病病例的场所或者该场所内的特定区域的人员，所在地的县级以上地方人民政府可以实施隔离措施，……
中华人民共和国国境卫生检疫法
第十二条 国境卫生检疫机关对检疫传染病染疫人必须立即将其隔离，隔离期限根据医学检查结果确定；对检疫传染病染疫嫌疑人应当将其留验，留验期限根据该传染病的潜伏期确定。……
突发公共卫生事件应急条例
第四十四条 在突发事件中需要接受隔离治疗、医学观察措施的病人、疑似病人和传染病病人密切接触者在卫生行政主管部门或者有关机构采取医学措施时应当予以配合；拒绝配合的，由公安机关依法协助强制执行。
中华人民共和国治安管理处罚法
第二十五条 有下列行为之一的，处五日以上十日以下拘留，可以并处五百元以下罚款；情节较轻的，处五日以下拘留或者五百元以下罚款：（一）散布谣言，谎报险情、疫情、警情或者以其他方法故意扰乱公共秩序的；……
(1) intentionally disturbing public order by spreading rumors, making false reports of dangerous situations and epidemic situations or raising false alarms or by other means; ......
Article 50 A person who commits one of the following acts shall be given a warning or be fined not more than 200 yuan; and if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may, in addition, be fined not more than 500 yuan:
(2) obstructing the staff member of a government department from performing his duties according to law......
Criminal Law of the People’s Republic of China
Article 114 【arson, crime of breaching a dike, crime of causing explosion, crime of spreading poison and crimes against public security by other dangerous means】Whoever commits arson, breaches dikes, causes explosions, spreads pathogen of infectious diseases, poisonous or radioactive substances or other substances, or uses other dangerous means to endanger public security, but causes no serious consequences, shall be sentenced to fixed-term imprisonment of no less than three years but no more than ten years.
Article 115 【arson, crime of breaching a dike, crime of causing explosion, crime of spreading poison and crimes against public security by other dangerous means】Whoever commits arson, breaches dikes, causes explosions, spreads pathogens of infectious diseases, poisonous or radioactive substances or other substances, or uses other dangerous means to have inflicted any serious injury or death on people or caused heavy losses of public or private property, shall be sentenced to fixed-term imprisonment of no less than ten years, life imprisonment or death. Whoever commits the crimes in the preceding paragraph negligently is to be sentenced to not less than three years to not more than seven years of fixed-term imprisonment; or not more than three years of fixed-term imprisonment, or criminal detention, when circumstances are relatively minor.
Article 277 【crime of disrupting public service 】Whoever by means of violence or threat, obstructs a functionary of a State organ from carrying out his functions according to law shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention, or public surveillance or be fined. ......Whoever during natural calamities or emergencies obstructs, by means of violence or threat, the workers of the Red Cross Society from performing their functions and duties according to law shall be punished in accordance with the provisions of the first paragraph.
Article 330 【crime of impairing infectious disease prevention】Whoever, in violation of the provisions of the Law on Prevention and Treatment of Infectious Diseases, commits any of the following acts and thus causes the spread or a grave danger of the spread of an A Class infectious disease shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 7 years......(4) refusal to execute the preventive and control measures proposed by the health and anti-epidemic agencies according to the Law on Prevention and Treatment of Infectious Diseases.
Article 332 【crime of obstructing frontier health and quarantine】Whoever, in violation of the provisions on frontier health and quarantine, causes the spread or a grave danger of the spread of a quarantinable infectious disease shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention and shall also, or shall only, be fined.
四、根据《中华人民共和国出境入境管理法》，对违反中国法律法规的外国人，公安机关将视其违法情形依法作出宣布证件作废、注销或收缴证件、限期出境、遣送出境、驱逐出境等决定。其中，被遣送出境的外国人，自被遣送出境之日起一至五年内不准入境；被驱逐出境的外国人，自被驱逐出境之日起十年内不准入境。
IV. According to Exit and Entry Administration Law of the People’s Republic of China, where foreigners violate the laws or regulations of China, the public security organ shall make decisions including invalidating, canceling or confiscating their visa or other documents, ordering them to exit China within a time limit, repatriating or deporting them according to their violation circumstances. Repatriated foreigners shall not be allowed to enter China for one to five years, calculating from the date of repatriation. Deported foreigners shall not be allowed to enter China within 10 years calculating from the date of deportation.
Exit and Entry Administration Law of the People’s Republic of China
Article 62 Under any of the following circumstances, foreigners may be repatriated:(1) Are ordered to exit China within a prescribed time limit but fail to do so; (2) Are involved in circumstances in which they are not allowed to enter China; (3) Illegally reside or work in China; or (4) Need to be repatriated for violation of this Law or other laws or administrative regulations.......Repatriated persons shall not be allowed to enter China for 1 to 5 years, calculating from the date of repatriation.
Article 67 In such cases that the exit/entry documents such as visas or foreigners’ stay or residence permits are damaged, lost or stolen, or that after the issuance of such documents, the holders are found not eligible for being issued such documents, the issuing authorities shall declare the aforesaid documents void. Exit/entry documents which are forged, altered, obtained by fraudulent means or are declared void by issuing authorities shall be invalid. Public security organs may cancel or confiscate the exit/entry documents prescribed in the preceding paragraph or used fraudulently by persons other than the specified holders.
Article 81 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. 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. Deported foreigners shall not be allowed to enter China within 10 years calculating from the date of deportation.
