Exit Bans in China: What to Do If You Are Prevented From Leaving During a Criminal Investigation

Exit Bans During Criminal Investigations: Legal Basis, Duration, and How to Challenge One

An exit ban prevents a foreign national from leaving China while a criminal investigation is ongoing. These bans are imposed administratively by the public security or border control authorities and can last months, sometimes longer. This article explains the legal authority for exit bans, how to find out if one applies, and what can be done to challenge it.

Exit bans (xian zhi chu jing) in criminal matters are authorised under Article 69 of the PRC Exit and Entry Administration Law and Article 74 of the Criminal Procedure Law. The Public Security Bureau, the procuratorate, or the court may impose an exit ban where a person is a suspect or defendant in a criminal case and their departure from China would impede the proceedings. The ban is implemented through the exit-entry administration, which records it in the border control system and, in practice, typically requires the person to surrender their passport.

Legal Basis for Exit Bans and How to Challenge Them

For a foreign national, an exit ban can be more disruptive than the criminal proceedings themselves — particularly where the investigation is prolonged and the person's visa is tied to employment that has been suspended or terminated. The ban is effective immediately upon entry into the border control system and applies at all ports of exit. Challenging an exit ban requires identifying the issuing authority, demonstrating that the statutory grounds are not met (e.g., the person is not a suspect, or there is no risk of flight), and in some cases offering a guarantor or bond as an alternative. A lawyer can file a formal application for removal of the ban with the issuing authority and, if denied, seek review through the procuracy or court.

For case-specific advice, contact C&Z Partners for a confidential consultation.

Primary legislation: Criminal Law [CN official]; Criminal Procedure Law [CN official]
Also relevant: PSAPL [CN official]; Exit and Entry Administration Law [CN official]
Official sources: MPS Regulations on Criminal Procedure
Key interpretation: SPC & SPP Guiding Opinions on Plea Leniency (2019)
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