Local Laws

Criminal Penalties:  You are subject to Chinese laws.  If you violate Chinese laws, even unknowingly, you may be expelled, arrested, or imprisoned.  Chinese law enforcement authorities have little tolerance for illegal drugs.  Penalties for possessing, using, or trafficking illegal drugs in China are severe, and convicted offenders can expect long jail sentences, heavy fines, or possibly the death penalty.  China also has strict laws against driving under the influence of alcohol that can lead to immediate detention on a criminal charge.

Arrest Notification:  If you are arrested or detained, ask police or prison officials to notify the U.S. Embassy or the nearest consulate immediately.  Under the U.S.-China Consular Convention, Chinese authorities are to notify U.S. consular officers of your arrest within four days; however Chinese authorities do not always provide timely notification.  A consular officer may be the only authorized visitor during your initial detention period.  Bail is rarely granted in China and you may be subject to detention for many months before being granted a trial.  Travelers to China should enroll in the State Department’s Smart Traveler Enrollment Program (STEP) and you may wish to have someone contact the Embassy or nearest consulate if you are detained.  Please see the section on DUAL NATIONALITY for the limits on consular notification and access to dual nationals

Assisted Reproductive Technology: In vitro fertilization (IVF) is widely and legally practiced in China.  Surrogacy, however, is strictly forbidden under Chinese law and surrogacy contracts will not be considered valid in China.  The use of reproductive technology for medical research and profit is strictly controlled in China.

Contracts and Commercial Disputes:  Before entering into a commercial or employment contract in China, have it reviewed by legal counsel both in the United States and in China.  The U.S. Foreign Commercial Service can assist you in identifying and vetting business contacts and opportunities.

Many U.S. citizens have reported difficulty getting their contracts enforced by Chinese courts or being forced out of profitable joint-ventures without opportunity to secure legal recourse in China.  Business disputes or court orders to pay a settlement may result in an exit ban which will prohibit your departure from China until the issue is resolved.  Some local business people who feel that they have been wronged by a foreign business partner may hire "debt collectors” to harass, intimidate, and sometimes physically detain foreign business partners or family members in hopes of collecting the debt.  The U.S. Embassy or consulate can provide a list of local attorneys who serve U.S. clients, but otherwise are unable to intervene in civil cases.  Local law enforcement authorities are generally unwilling to become involved in what they consider private business matters.

Earthquakes:  Earthquakes can occur throughout China.  U.S. citizens in China should make contingency plans and leave emergency contact information with family members outside of China.  Check here for information about earthquake preparedness.

English/Secondary School Teachers: English teachers in China frequently report employment disputes which can result in termination, lost wages, confiscation of passports, forced eviction from housing, and even threats of violence.  Research your future workplace and make sure that you have the proper work visa to teach in China.  Please see the Teaching in China Guide on the U.S. Embassy's website.  If you have a serious dispute with your school, consult with a local attorney; and seek assistance from the police if your safety is threatened. 

LGBTI Travelers:  Homosexuality was decriminalized in China in 1997, but there are no civil rights laws that prohibit discrimination or harassment on the basis of sexual orientation or gender identity.  Prejudices and discrimination still exist in many parts of the country.  Same sex marriages are not legally recognized in China and local authorities will not provide marriage certificates to same-sex couples.  There are growing LGBTI communities in some of China’s largest cities and violence against LGBTI individuals in China is relatively rare.

North Korea:  China shares a lengthy border with the Democratic People’s Republic of Korea (North Korea or DPRK).  We strongly recommend that you not to travel to North Korea.  The United States does not have diplomatic relations with the DPRK, and Sweden, the Protecting Power for the United States, can provide only limited consular services. If you cross into North Korea, even inadvertently, you will be subject to North Korean law.   For further information, consult the North Korea Country Specific Information webpage and the Travel Warning for North Korea.

Persons with Disabilities:  U.S. citizens with mobility disabilities may face challenges while traveling in China.  Sidewalks often do not have curb cuts and many streets can be crossed only via pedestrian bridges or underpasses accessible by staircase.  Assistive technologies for blind people and those with other vision disabilities are unreliable, and access to elevators in public buildings can be restricted.  In major cities, public restrooms in places visited by tourists usually have a least one accessible toilet. 

Piracy:  Do not buy counterfeit or pirated goods.  The bootlegs are illegal in the United States and you may also be breaking local law by purchasing them. 

Political and Religious Activity:  Participating in unauthorized political or religious activities, including participating in public protests or sending private electronic messages critical of the government, may result in detention and Chinese government imposed restrictions on future travel to China.  U.S. citizens have been detained and expelled for distributing religious literature, including Bibles.  If you bring religious literature with you, Chinese law dictates that it be a "reasonable amount” for your personal use.  If you attempt to bring larger quantities, the literature will likely be confiscated and you may be fined, detained, or deported. 

Social Insurance:  China has a social insurance system to which foreigners who work in China must contribute.  When you sign an employment contract, you must apply for a social insurance number, and it is important that your employer work with you to comply with the regulations.  Please check the official website for updated information.

Special Scrutiny of Foreign Citizens:  On occasion in recent years, citizens of the United States and other countries visiting or resident in China have been interrogated or detained for reasons said to be related to “state security.”  In such circumstances, you could face arrest, detention or an exit ban prohibiting your departure from China for a prolonged period.  Dual U.S.-Chinese nationals and U.S. citizens of Chinese heritage may be at a higher risk of facing such special scrutiny. 

Students:  See our Students Abroad page and FBI travel tips.

Surveillance and Monitoring:  Security personnel carefully watch foreign visitors and may place you under surveillance. Hotel rooms (including meeting rooms), offices, cars, taxis, telephones, Internet usage, and fax machines may be monitored onsite or remotely, and personal possessions in hotel rooms, including computers, may be searched without your consent or knowledge.  Security personnel have been known to detain and deport U.S. citizens sending private electronic messages critical of the Chinese government.  

Typhoons:  The southeast coast of China is subject to strong typhoons and tropical storms, usually from July through September.  For current information, please consult the Joint Typhoon Warning Center in Honolulu and the National Weather Service's Central Pacific Hurricane Center.

Women Travelers:  See our travel tips for Women Travelers.