China Exit Ban vs Deportation: Differences and Checks

Bottom line: An exit ban is an administrative restriction that stops a person from leaving China, while deportation is a criminal sanction available against a foreign national that removes them from the country. A foreign national may be barred from exit while a criminal suspect or defendant, and a court may order deportation independently or in addition to another penalty.

Wang Guan | Beijing Haolue Law Firm (Co-founder) | Practice certificate no.: 11101202111297085 | 22+ years in legal practice | Practice area: Criminal defense for foreign nationals in China | Tel: +86 178 1310 8512 | Address: F2, East Tower, Hademen Plaza, No.8 Chongwenmenwai Street, Dongcheng District, Beijing

Legal basis

Layer	Instrument (full name)	Provision	Current version	Effective date
Statute	Exit and Entry Administration Law of the People’s Republic of China	Article 12 – circumstances in which Chinese citizens are not permitted to exit	Original text	1 July 2013
Statute	Exit and Entry Administration Law of the People’s Republic of China	Article 28 – circumstances in which foreign nationals are not permitted to exit	Original text	1 July 2013
Statute	Exit and Entry Administration Law of the People’s Republic of China	Article 21 – circumstances in which a visa is not issued	Original text	1 July 2013
Statute	Exit and Entry Administration Law of the People’s Republic of China	Article 25 – circumstances in which entry is not permitted	Original text	1 July 2013
Statute	Criminal Law of the People’s Republic of China	Article 35 – deportation of a foreign national, independently or in addition to another penalty	Current version	1 March 2021

What is the difference between an exit ban and deportation?

The two are often used interchangeably, but they are different in nature, in who decides, and in their legal effect.

An exit ban (bu zhun chujing, 不准出境) is an administrative restriction on leaving the country. It stops the person at the border or prevents them from being cleared to depart. It is imposed under the Exit and Entry Administration Law and may apply both to Chinese citizens and to foreign nationals in defined situations.

Deportation (quzhu chujing, 驱逐出境) is a penalty under Article 35 of the Criminal Law, available against a foreign national who commits a crime. Article 35 allows the court to apply it independently or in addition to another penalty. It is therefore a matter decided within criminal proceedings and reflected in the judgment, not a border-control measure.

When can a Chinese citizen be barred from leaving China?

Article 12 lists the situations in which a Chinese citizen is not permitted to exit. They include departing without valid exit-entry documents, or refusing or evading border inspection; having a criminal penalty not yet fully executed, or being a defendant or suspect in a criminal case; having an unsettled civil case where a people’s court has decided that exit is not permitted; being within a statutory period of disqualification after certain border-management offences or after being repatriated following illegal exit, illegal residence, or illegal employment; circumstances where a competent State Council department decides that exit may harm national security or interests; and other situations provided by laws and administrative regulations.

For a foreign national working or residing in China, note that the same article applies only to Chinese citizens. The equivalent list for foreign nationals is in Article 28.

When can a foreigner be barred from leaving China?

Article 28 lists the situations in which a foreign national is not permitted to exit. They include having a criminal penalty not yet fully executed, or being a defendant or suspect in a criminal case, except where a treaty between China and another state provides for the transfer of sentenced persons; having an unsettled civil case where a people’s court has decided that exit is not permitted; and failing to pay labour remuneration where the relevant State Council department or a provincial-level people’s government has so decided; together with other situations provided by laws and administrative regulations.

Alongside exit controls, Article 21 addresses when a visa is not issued, and Article 25 addresses when entry is not permitted. These provisions matter for a foreign national who has previously been deported or otherwise removed, because they can affect future travel to China.

What is deportation under Article 35 of the Criminal Law?

Article 35 provides that, for a foreign national who commits a crime, deportation may be applied independently or in addition to another penalty. Where it is applied in addition to another penalty, it ordinarily takes effect after the main penalty has been served. Where it is applied independently, it operates as the sanction itself.

Because deportation is part of the criminal judgment, it is decided by the court as part of the case, not by the exit-entry administration. It also carries the practical consequence that the person is removed from China and faces restrictions on returning.

Exit restrictions during custody, release on guarantee, and probation

During custody, the question does not really arise, because the person is physically held and cannot travel.

Where a criminal suspect or defendant is released on guarantee pending trial (取保候审), they remain a criminal suspect or defendant. Article 28 of the Exit and Entry Administration Law brings such a person within the categories for which exit is not permitted, and release conditions normally also restrict movement away from the place of residence.

During probation (缓刑), the sentence has not yet been fully executed. Because Article 28 covers a foreign national whose criminal penalty is not yet fully executed, an exit ban can apply during that period. The same logic applies to other penalties that are still being executed.

How can I check whether I have an exit ban?

There is no single public online register of exit bans that a person can simply search. In practice, checks are made with the authorities that keep or decide the restriction.

A foreign national can ask the local exit-entry administration of the public security organ about their own status. Where a court has decided the restriction in a civil or criminal case, the decision itself is the source, and the case file will record it. For a person under investigation, the defence lawyer can raise the question with the case-handling authority.

Because each situation is specific, a person who is unsure of their status should get advice from a qualified lawyer rather than rely on general information. Attempting to depart without clarifying can lead to being stopped at the border.

Frequently asked questions

Can I leave China while under investigation?

Generally no. A foreign national who is a criminal suspect or defendant falls within the categories for which exit is not permitted, and release on guarantee does not remove that restriction.

Is an exit ban the same as deportation?

No. An exit ban is an administrative restriction on leaving the country. Deportation is a criminal sanction decided by a court under Article 35 of the Criminal Law.

How do I check if I have an exit ban?

Ask the exit-entry administration of the public security organ about your own status, and, where a court decision is involved, check that decision. A lawyer can help raise the question with the case-handling authority.

Does deportation bar me from returning to China?

Deportation results in removal from China and affects future travel. The visa and entry provisions, including Articles 21 and 25, are relevant to any later application.

Official sources and related reading

Rules and procedures can change. Check the current official text and the case-handling authority before relying on a deadline or requirement.

Disclaimer: This article provides general information only and is not legal advice. It does not create a lawyer-client relationship. For advice on any specific situation, consult a qualified lawyer.

First published 2026-10-13 | Last updated 2026-10-13 | What changed: first publication, citations verified against the current versions.

Exit Ban vs Deportation in China: Differences and How to Check