The Regulations on Disciplinary Actions of the Communist Party of China set out a negative list and made provisions for punishment for violations of the regulations on the administration of leaving the country (outside the territory).
1. Obtaining foreign nationality or foreign residence qualifications in violation of regulations.
Article 90 of the "Regulations" stipulates that anyone who violates relevant regulations by obtaining foreign nationality or obtaining permanent residence qualifications or long-term residence permits outside the country (territory) shall be given heavy party disciplinary sanctions.
The "relevant provisions" here mainly refer to the "Notice on Further Strengthening the Management of Party Members and Cadres Going Abroad (Outside the Territory)" and other provisions. Party members and cadres who have obtained foreign nationality or permanent residence qualifications or long-term residence permits outside the country (territory) in violation of regulations are in themselves serious violations of discipline, and some are creating convenient conditions for engaging in other activities that violate discipline and law or even fleeing the country (territory). Therefore, it is necessary to have strict disciplinary provisions for such conduct.
2. Applying for documents for going abroad (outside the territory) for private purposes, permits for going to Hong Kong and Macao, entering and exiting the country (border) without approval, and going abroad (outside the territory) for private purposes beyond the approved scope without authorization.
Article 91 of the Regulations regulates such acts, which are divided into two situations. The first is to apply for a permit to go abroad (outside the territory) for private purposes, a permit to go to Hong Kong and Macao, or to enter or exit the country (border) without approval.
The "relevant provisions" here mainly refer to the "Notice on Further Strengthening the Administration of Party Members and Cadres Going Abroad (Outside the Territory)" and the "Interim Provisions on Strengthening the Management of State Functionaries Going Abroad (Outside the Territory) for Private Affairs". The above-mentioned documents make specific provisions on the examination procedures for Party members and cadres who are included in the scope of registration and filing for going abroad (outside the territory) for private purposes, and the requirements for the management of documents for going abroad (outside the territory) for private purposes. Party organizations should strengthen management and supervision in accordance with regulations, and Party members and cadres should strictly implement the requirements of relevant systems and implement organizational discipline in place.
"Documents for going abroad (outside the territory) for private purposes" mainly include ordinary passports for private purposes, Exit-entry Permit for Mainland Residents to and from Hong Kong and Macao, and Exit-Entry Permit for Mainland Residents to and from Taiwan. The "Permit for Proceeding to Hong Kong and Macao", commonly known as the "One-way Permit", generally refers to the document issued by the national immigration administration department to mainland citizens who apply to settle in Hong Kong and Macao. Passports and exit documents are the identity documents of citizens outside the country (territory) and must be handled in accordance with regulations.
With regard to the custody of documents for going abroad (outside the territory) for private purposes, the documents for going abroad (outside the territory) for private purposes that have been applied for by the registered personnel personnel shall be handed over to the organization and personnel department of the unit to which they belong for centralized custody within 10 days of returning to the country (outside the territory), and the registered personnel refer to the leading cadres at or above the county (department) level who are incumbent in party and government organs at all levels, people's congresses, political consultative conferences, people's courts, people's procuratorates, people's organizations, and public institutions, and cadres at or above the department (bureau) level who have retired (retired); Legal representatives of financial institutions and state-owned enterprises, leading members of financial institutions at or above the county level and leading cadres of their corresponding ranks, middle-level and above management personnel of large and medium-sized state-owned enterprises, and representatives of state-owned equity in state-owned holding and shareholding enterprises; Personnel involved in national security, state-owned asset security, and industry secrets in various departments and industries.
Second, although they have been approved to go abroad (outside the territory) for private purposes, there are acts of going abroad (outside the territory) beyond the approved scope such as changing the route without authorization, failing to return within the time limit without legitimate reasons, etc. This is an addition to the newly revised Regulations.
In addition to changing the route without authorization and failing to return within the time limit without justifiable reasons, the act of going abroad (outside the territory) beyond the approved scope also includes the use of ordinary passports to go abroad (outside the territory) for private purposes to countries and regions that unilaterally allow Chinese citizens to enter without visa exemption, unilaterally allow Chinese citizens to apply for visa-on-arrival, unilaterally allow Chinese citizens to transit without a visa or achieve mutual exemption of ordinary passport visas with China, as well as to go to one or more Schengen countries without permission without prior approval.
In accordance with the relevant provisions, Party members and cadres who need to be approved by the organization to go abroad (outside the territory) for private purposes shall promptly report the situation to the organization if there are new circumstances or changes beyond the scope of approval, such as the need to change the route or time limit, after approval. If you change your itinerary without reporting to the organization or fail to return within the time limit, it is a violation of organizational discipline. Party members and cadres who have the obligation to report should earnestly strengthen their organizational concept and fully understand that this is not a purely personal matter, but involves the adjustment and change of matters approved by the organization, and the report must fulfill the reporting obligation.
3. Leaving the organization outside the country (territory) without authorization, or contacting foreign institutions or personnel in violation of regulations.
Article 92 of the "Regulations" stipulates that Party members stationed abroad or groups (groups) temporarily going abroad (outside the territory) leave the organization without authorization, or Party members engaged in foreign affairs, confidential affairs, military and other work violate the relevant provisions to contact and interact with foreign institutions and personnel, shall be given corresponding sanctions.
Leaving the organization without authorization refers to not asking for instructions or reporting to the Party organization or responsible person of an organization stationed abroad or a group (group) temporarily going abroad (outside the territory) in advance, going out without approval, acting alone, and the organization does not know where they are going or what they are doing. It is emphasized here that it is to leave the organization without authorization, but there is no subjective motive of "leaving and not returning". Party members and cadres should earnestly strengthen their sense of organization, even if they are outside the country (territory), they must always think that they are a member of the party organization, shoulder their responsibilities and missions, strictly abide by discipline and constraints, and maintain the image of the party and the country.
4. Go out in the country (territory) and help you go out in the country (territory).
Article 93 of the Regulations divides it into two situations. First, Party members in overseas institutions or groups (groups) temporarily going abroad (outside the territory) who leave the organization for less than six months and then voluntarily return, are to be removed from their positions within the Party or placed on Party probation; Those who have left the organization for more than six months are to be handled as leaving the Party on their own initiative, and are to be removed from within the Party.
"Running away" refers to the act of going out without the approval of the organization and not returning, or staying outside the country (territory) beyond the prescribed period of time and not returning. The act of "leaving the organization" mentioned here has the subjective motive of "not returning", and is more serious in nature and harmful than the act of "leaving the organization without authorization" as provided for in Article 92. According to Article 9 of the Party Constitution, if a Party member does not participate in the organizational life of the Party for six consecutive months without a legitimate reason, he or she shall be deemed to have left the Party on his own accord and shall be removed from the list of such Party members. The "Regulations" implement the requirements of the Party Constitution and stipulate that Party members who leave the organization and run away will be severely dealt with.
Second, where they deliberately provide convenient conditions for others to leave the organization and run away, corresponding sanctions are to be given. There are many concrete manifestations of "providing facilitation". For example, issuing certificates for people who have left the organization, applying for passports and visas, helping to buy tickets for vehicles and ships, providing financial assistance, providing a place to stay, or providing information for them.
Source: The website of the Central Commission for Discipline Inspection and the State Supervision Commission
Editor: Zhang Yuwei Review: Ren Yan
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