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No restrictions for people with HIV/AIDS.*
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The situation is unclear
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We recommend caution, especially with long term stays.
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HIV-specific entry and residence regulations for China
* Update regulations
April 28 2010, the Government of China has announced to lift the entry bar against people with HIV/AIDS with immediate effect. The entry ban against people with leprosy and with sexually transmitted diseases was also lifted.
As of this writing, we have not seen translations of the new entry and residency regulations nor the new visa application forms. It is therefore not clear how the new laws will be implemented in practice and how fast this is happening. It is unclear at this time if prospective visitors would be asked their HIV status on visa entry forms.
Until we can publish up to date information on China’s new policy, we recommend the following:
- If travelling to China on a tourist visa or short term business trip: do not declare your status on the visa application form. Historically, people declaring their status truthfully have been denied entry.
- Be careful with voluntary status declaration (refrain from wearing red ribbon stickers etc.).
- In case of a long term professional stay in China (longer than six months): Check the situation carefully. Until now, a negative HIV-status was mandatory for foreigners staying in China on long term permits. Tests have also been performed in China and without consent of those concerned. A positive test result lead to immediate deportation, job loss and unemployment.
- Check this page for status updates.
- Hong Kong, Macao: Both cities have separate entry and visa regulations without restrictions for people with HIV/AIDS
(Sources: 8, 9) Work permit applicants have to undergo HIV testing (diplomats excepted). The test has to be performed at designated clinics. The only place licensed to do so is in Beijing:
- Beijing International Travel Center
Phone: +86 10 586 48751
Facsimile: +86 10 586 48751
The charge is 700 Yuan (350 for students), and credit cards are not accepted. Tests performed abroad are accepted if:
- The examination has been performed according to specified norms.
- A current HIV and syphilis test result is provided.
- The form has been authenticated by the Chinese embassy or consulate
A work permit is not granted in the case of a positive test result.
(Source: 1)
Tourists and short term visitors have to declare their HIV status on the revised visa application form. No HIV test result is required. According to the form, a positive HIV status has no impact on the granting of a visa. Until recently, China deported HIV-positive foreigners. We do not have enough information on the consequences of a positive self declaration or about changes in deportation practices.
An increasing number of people report being denied a tourist visa as a consequence of a positive self declaration on the visa application form. We have no information about changes in deportation practices.
The health declaration form is no longer required at border control.
(Source: 2)
HIV-positive status is grounds for refusal of entry or deportation. Anyone applying for permanent residence, or intending to stay or study for longer than one year, must either produce an HIV test certificate (approved by a Chinese embassy or consulate abroad) upon arrival or undergo a test within 20 days. The test should be conducted in Canada (author’s note: your home country), as sanitary conditions are often substandard in local Chinese hospitals.
(Source: 3)
Foreigners intending to stay for more than 6 months in China have to undergo HIV testing. People with a positive test result will not be allowed to enter China. HIV testing is not required for entry or residency in Hong Kong or Macao.
(Source: 4)
In the first seven months of 2008, China conducted random HIV tests on some 756,000 travellers at border crossings. HIV-positive foreigners are generally barred from entering China, though it is expected that this ban may be lifted in 2009.
Under the new exercise, 312 travellers were found to be HIV-positive in the first seven months of 2008.
(Sources: 5, 6) Foreign residents are required to perform HIV-testing when extending the permit to stay in China. Generally, this would be done at a Customs Hospital, where all visa related health checks and health certificates are issued. Customs Hospitals operate at municipal level, their equipment is basic.
In the case of a positive test result, the individual will be asked to travel to the provincial capital for further testing. The test is repeated there, and only then, the individual will be informed about the positive test result.
After returning to the area of residence, the individual will be contacted by customs police (by phone or in person), in order to set up a meeting and to discuss the deportation schedule. This would typically happen within 1-3 days.
Whoever finds himself in such proceedings and who would like to return to China at some point (i.e. for a visit), should leave China immediately after receiving notification to travel to the provincial capital. This might prevent that data and evidence are formally collected, data which could be used to deny future visa applications.
(Source: 7) Author’s note: the processes described above may be subject to change.
HIV treatment information for China
HIV treatment facilities in China are not adequate
(Source: 1)
HIV information / HIV NGOs in China
Updated information is available through the aidsmap search engine at
www.aidsmap.com/en/orgs/ux/default.asp
Global Criminalisation of HIV Transmission Scan
The Global Criminalisation Scan is an initiative of GNP+. It aims to collect and keep up to date information on national and state level laws criminalising the transmission of or exposure to HIV. It also aims to provide an easily accessible ‘clearing-house’ of resources, research, and initiatives on the subject and to provide a platform for advocacy initiatives.
Find out more about the scan and the criminalisation of HIV transmission legislation at
http://criminalisation.gnpplus.net/.
Key HIV resources for China
- Regional Physician at the Embassy of Germany, Beijing, March 5, 2008
- The authors; Visa Application Form for the People’s Republic of China, Embassy of the People's Republic of China in Switzerland consulted July 24, 2009
- Foreign Affairs and International Trade Canada web site, www.voyage.gc.ca/dest/report-en.asp?country=55000, consulted July 22, 2008
- US State Department web site; Travel Publications / December 2006; http://travel.state.gov/travel/tips/brochures/brochures_1230.html consulted June 4, 2007
- AVERT, AIDS in China, August 2008,http://www.avert.org/aidschina.htm
consulted January 20, 2009
- The Economic Times, “China steps up random blood tests of travellers to check HIV”, August 27, 2008, http://economictimes.indiatimes.com/News/PoliticsNation/China_steps_up_random_ blood_tests_of_travellers_to_check_HIV/ articleshow/
3410992.cms
consulted January 20, 2009
- Web site user feedback (information collected during informants deportation proceedings), June 10,2009
- Government of China web site, www.gov.cn/zwgk/2010-04/27/content_1593743.htm, http://english.gov.cn/2010-04/28/content_1594536.htm, accessed April 29, 2010
- The authors, May 3, 2010
updated: 5/5/2010
Corrections and additions welcome. Please use the contact us form.