China - Regulations on Entry, Stay and Residence for PLHIV


Restriction categories relative to China

  • Countries with entry bar
  • Countries with restrictions for short term stays (<90 days)
  • Countries with restrictions for long term stays (>90 days)
  • Countries deporting people with HIV

 
Entry regulations Residence regulations Additional information
Tourists and short term visitors have to declare their HIV status on the visa application form. No checks at the border; no certificates required. HIV testing required for the grant of a long-term visa (6 months or more). Permits and entry are denied in case of a positive test result. These regulations do not apply for Hong Kong and Macao. Deportations occurred until very recently. Random testing at border possible. Tourist visa are not granted if applicant declares HIV-positive status.

HIV-specific entry and residence regulations for China

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

  1. Regional Physician at the Embassy of Germany, Beijing, March 5, 2008
  2. 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
  3. Foreign Affairs and International Trade Canada web site, www.voyage.gc.ca/dest/report-en.asp?country=55000, consulted July 22, 2008
  4. US State Department web site; Travel Publications / December 2006; http://travel.state.gov/travel/tips/brochures/brochures_1230.html consulted June 4, 2007
  5. AVERT, AIDS in China, August 2008,http://www.avert.org/aidschina.htm
    consulted January 20, 2009
  6. 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
  7. Web site user feedback (information collected during informants deportation proceedings), June 10,2009

 

updated: 8/27/2009
Corrections and additions welcome. Please use the contact us form.

 

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