Can I Leave China While Under Investigation?
As a rule, no, if you are a criminal suspect or defendant. Under Article 28 of the Exit and Entry Administration Law, a foreign national may not leave China if they:
- have been sentenced and have not finished serving the sentence, or are a defendant or suspect in a criminal case, except where they are being transferred home under an agreement on the transfer of sentenced persons;
- are party to an unresolved civil case and a court has decided they may not leave;
- owe wages to workers, and the relevant State Council department or provincial government has decided they may not leave; or
- fall under another situation in which law or administrative regulations prohibit departure.
These restrictions are commonly called exit bans (限制出境, or 边控 for the border control measure that enforces them).
Article 28 sets the rule, but it is not applied automatically at the border. The border authorities stop someone only when the authority that decided the person may not leave has notified them (Article 65 of the Exit and Entry Administration Law). In a criminal case, that decision is made by the authority handling the case:
- during the investigation, by the police, who issue a border control notice with provincial approval, or in an emergency notify the border authorities first and complete the procedure within seven days (Article 278 of the Ministry of Public Security's procedural rules);
- at trial, by the court, which may decide to restrict a foreign defendant from leaving, notify them in writing, hold their passport and arrange border control through the higher people's court (Article 487 of the SPC Interpretation of the Criminal Procedure Law).
How is an exit ban enforced?
- Passport held. When a suspect is released on bail, the authority can require them to hand over their passport and other travel documents (Article 71 of the Criminal Procedure Law). At trial, a court can restrict a foreign defendant from leaving and hold their passport, issuing a receipt (Article 487 of the SPC Interpretation of the Criminal Procedure Law).
- Border control. The police or the court can place the person on the border control list, so they will be stopped at the airport or border even if they have their passport (Article 278 of the MPS rules; Article 487 of the SPC Interpretation).
- Notification. When a court restricts a foreign national from leaving, it must inform the local foreign affairs office and the person's embassy or consulate (Article 487).
Witnesses whose presence is required at trial may also be asked to postpone departure (Article 487).
Does it apply even if I am not detained?
It can. Many foreign nationals in criminal cases are not in custody: they may be on bail, under residential surveillance, or simply under investigation. In law, being a suspect or defendant is itself a ground for barring exit, whether or not the person is in custody. Whether and when border control is actually put in place depends on the decision of the police or the court. Someone on bail must also not leave their city or county without approval.
How do I know if I am subject to an exit ban?
Often you will not be told in advance, and the first sign is being stopped at the border. If you are concerned:
- ask a Chinese lawyer to make inquiries with the authority you think may be involved;
- check whether you are a party to any civil case or enforcement proceeding in China;
- check for unpaid taxes or wages in any company you are responsible for. Where a taxpayer has not paid its taxes and late-payment charges and provides no security, the tax authority can have the border authorities stop the taxpayer, or its legal representative, from leaving (Article 44 of the Tax Collection Administration Law).
When does it end?
An exit restriction based on a criminal case should end when you are no longer a suspect or defendant, for example after the case is withdrawn, the procuratorate decides not to prosecute, or you are acquitted, or after you have served your sentence. Once the reason for barring exit has ended, the deciding authority must promptly withdraw its decision and notify the border authorities (Article 65 of the Exit and Entry Administration Law). Your lawyer can follow this up, and apply for your passport to be returned.
If the restriction is based on a civil case, it ends when the court lifts it, usually after the judgment is satisfied or security is provided.
Can I get permission to leave temporarily?
For a criminal suspect, the law makes no general exception for temporary travel. Release on bail ends custody, but does not lift the exit ban; in practice, the realistic route is the end of the case. For civil exit bans, providing security or settling the debt is usually the way to have the ban lifted.
Legal basis (October 2026)
- Exit and Entry Administration Law of the People's Republic of China, Articles 28 and 65
- Criminal Procedure Law of the People's Republic of China, Article 71
- Provisions on Procedures for Handling Criminal Cases by Public Security Organs (2020 amendment), Article 278
- Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law (2021), Article 487
- Law of the People's Republic of China on the Administration of Tax Collection, Article 44
This page is for general information only. It is not legal advice on any specific matter, and reading it does not mean that legal services are being provided or that a lawyer–client relationship has been formed. To discuss your matter, please contact the author.
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