Delta Law Expat Services Desk ｜ Measures for the Filing Administration of Institutions and Personnel Engaged in Exit-Entry Intermediary Services（《从事出境入境中介服务的机构和人员备案管理办法》）, 14 articles, in force from 2026-09-15
| Item | Content |
|---|---|
| Full title | Measures for the Filing Administration of Institutions and Personnel Engaged in Exit-Entry Intermediary Services（《从事出境入境中介服务的机构和人员备案管理办法》） |
| Document number | Issued under Announcement No. 6 of 2026（2026 年第 6 号公告）; no separate number |
| Adopted / promulgated | Announcement dated 2026-09-14; same date on the official page |
| Current version in force from | 2026-09-15, under Article 14 |
| Issuing authority | National Immigration Administration（国家移民管理局）and State Administration for Market Regulation（国家市场监督管理总局） |
| Official text | https://www.nia.gov.cn/n741440/n741542/c1801636/content.html |
| What this page covers | The fourteen articles, read for three questions: how filing status can be checked, what follows where there is no filing, and what stays with the person who instructs |
- Fourteen articles, in force from 2026-09-15, the same day as State Council Order No. 841. A filing is a record, not a licence.
- Article 2 needs three elements together: instruction from a traveller, one of the listed activities, and a fee charged as agreed.
- Three facts can be checked: publication under Article 9, a current receipt under Articles 6 and 7, and the verification under Article 5, paragraph 2. None approves a particular piece of work.
- Article 13 routes breaches to Articles 12 and 13 of Order No. 841, where fines fall on the institution, its directly responsible persons, and individuals who provide the service with no filing.
- Neither text makes the client liable for instructing a provider that has not filed; the client's own exposure sits in Article 3 of Order No. 841.
1. What this page covers, and what it does not
On 2026-09-14 the National Immigration Administration and the State Administration for Market Regulation issued Announcement No. 6 of 2026, publishing the Measures: fourteen articles, in force from 2026-09-15, the day State Council Order No. 841 also took effect. This page reads them from the client's position — a foreign national, or a company employing foreign nationals, about to instruct an outside provider on a visa or residence matter. It does not cover the six prohibited acts in Article 10 of Order No. 841, at The Six Prohibited Acts in State Council Order No. 841, or the duties attaching to an invitation letter, at Who Bears the Risk of an Invitation Letter.
One boundary belongs at the start. Delta Law's work here is legal assessment and compliance review, reading a proposed arrangement against the provisions below. The firm does not prepare travel-document applications or complete the formalities these Measures regulate.
2. Which activities fall inside the definition, and who has to file
第二条 本办法所称出境入境中介服务，是指接受出境入境人员委托，为旅游、商务、学习、工作、定居等活动提供出境入境政策咨询、证件代办、手续办理等中介服务，并按照约定收取相关费用的活动。
Article 2: Exit-entry intermediary service means accepting a traveller's instruction and providing intermediary services such as exit-entry policy consultation, the handling of applications for travel documents and the completion of formalities, for purposes such as travel, business, study, work or settlement, while charging fees as agreed.
Unofficial translation; the Chinese text as officially published prevails.
Three elements must be present together: an instruction from the traveller, one of the listed activities, and a fee charged as agreed. Both lists are open, each closing with 「等」. The officials introducing Order No. 841 addressed both the fee element and providers established outside China.
……不以营利为目的的政策咨询、查询等活动不属于本《规定》所称的出境入境中介服务。
……明确境外企业、机构不得在中国境内提供出境入境中介服务。在中国境内依法设立的外资和港澳台资企业、机构可以依法从事出境入境中介服务。
Policy consultation, enquiries and like activities carried on other than for profit are not the exit-entry intermediary services the Regulation refers to. Enterprises and institutions established outside China may not provide such services within China; foreign-invested ones, and those invested from Hong Kong, Macao or Taiwan, established within China in accordance with law may.
Unofficial translation; the Chinese text as officially published prevails.
Two readings follow. A provider cannot rest on a foreign parent: the contracting entity must be established in China, and foreign or Hong Kong, Macao and Taiwan capital is no obstacle. A body that charges nothing is outside the definition, and so outside the published record.
第三条 从事出境入境中介服务的机构应当向所在地县级以上地方人民政府公安机关出入境管理机构备案。跨区域设立分支机构的，应当分别向所在地县级以上地方人民政府公安机关出入境管理机构备案。
Article 3, paragraph 1: An institution engaging in these services shall file with the exit-entry administration body of the public security organ of the local people's government at or above county level where it is located. Branches established across administrative areas each file separately with the corresponding body in their own place.
Unofficial translation; the Chinese text as officially published prevails.
Filing is local, and a branch is filed where it sits rather than covered by the head office. Paragraph 2, whose text appears in the companion Chinese page, adds a second layer: the legal representative or person in charge, management personnel and staff dealing directly with travellers are filed too.
第四条 从事出境入境中介服务的机构应当自设立之日起15日内办理备案手续。
在《国务院关于出境入境管理的规定》施行前已经从事出境入境中介服务的机构应当在规定施行之日起90日内办理备案手续。
已经设立的机构后续根据需要拟从事出境入境中介服务的，应当自开展相关业务之日起15日内办理备案手续。
Article 4: An institution shall file within 15 days of its establishment. One already engaging in these services before the Regulation of the State Council on Exit and Entry Administration took effect shall file within 90 days from the date the Regulation took effect. One already established that later takes up these services shall file within 15 days of beginning that business.
Unofficial translation; the Chinese text as officially published prevails.
Which timetable applies must be settled before anything is read into an absent record. A provider already operating before 2026-09-15 has 90 days from that date, so an incomplete filing in that window is still inside the timetable the text sets. Others have 15 days.
3. What a filing consists of, and what is actually verified
第五条 从事出境入境中介服务的机构应当具备《国务院关于出境入境管理的规定》第八条规定的条件，备案时提交下列材料：
（一）机构备案信息表（附件1）；
（二）人员备案信息表（附件2）以及备案人员的身份证明、劳动关系证明；
（三）法定代表人或者负责人、直接为出境入境人员提供中介服务的工作人员的无相关犯罪记录声明（附件3）；
（四）从事中介服务活动的主要经营场所所有权证明或者租赁合同；
（五）人员管理、教育培训、资料保存、数据安全、合规管理等相关管理制度的具体说明或者自评报告；
（六）从事出境中介服务的机构与境外有关服务机构签署的合作协议文本或者有效合作意向书，以及建立合作关系的情况说明。
公安机关出入境管理机构应当通过政务信息共享等方式核实申请备案的机构的市场主体登记、行业资质许可等依法设立的相关信息；无法通过政务信息共享平台获取相关信息的，可以要求其提供相关证明材料。
从事出境入境中介服务的机构应当保证提交的备案材料真实、合法、有效。在备案时弄虚作假的，应当依法承担法律责任。
Article 5: The institution shall meet the conditions in Article 8 of the Regulation and submit: (1) the institution filing form; (2) the personnel filing form, with identity and employment proof for the personnel filed; (3) declarations of no relevant criminal record for the legal representative or person in charge and for staff dealing directly with travellers; (4) ownership proof or the lease for the main premises; (5) a description or self-assessment of its systems for personnel, training, retention of materials, data security and compliance; (6) for outbound services, the cooperation agreement or valid letter of intent with the overseas service institution. The exit-entry administration body verifies market-entity registration, industry qualification permits and other proof of lawful establishment through government information sharing. Materials must be true, lawful and valid; fraud in filing carries legal liability.
Unofficial translation; the Chinese text as officially published prevails.
The conditions in the opening line are those of Article 8 of Order No. 841, not reproduced here: lawful establishment; no criminal record for an intentional crime on the part of the legal representative or person in charge, and none for staff dealing with travellers for crimes against national security, public safety or border administration; staff with knowledge of exit-entry law and policy, with funding and premises to match; sound management systems; and, for outbound services, a cooperative tie with an overseas service institution. Paragraph 2 fixes how far verification reaches — registration and qualification permits. It confirms lawful existence and standing to trade; it assesses no service.
第六条 备案材料齐全且符合要求的，公安机关出入境管理机构应当及时办理备案，在5个工作日内出具备案凭证（附件4）。
备案材料不齐全或者不符合要求的，公安机关出入境管理机构应当一次性告知需要补正的全部事项，相关机构应当在被告知之日起15日内补正。无正当理由逾期未补正的，视为放弃当次备案。
Article 6: Where the materials are complete and compliant, the exit-entry administration body shall promptly complete the filing and issue a filing receipt within 5 working days. Where they are not, it notifies on a single occasion every matter needing correction, and the institution corrects within 15 days of notification; failure to do so in time without justified reason is deemed abandonment of that filing.
Unofficial translation; the Chinese text as officially published prevails.
Two features are worth holding on to. The receipt is issued because the materials were complete and compliant — it evidences a record, not an approval. And a filing can end without any refusal: corrections not made in time, without justified reason, are deemed abandoned, so a provider may have applied in good faith and still hold no receipt. Article 7, in the companion Chinese page, then requires a filed change — name, premises, personnel, business scope, overseas cooperation, contact details — within 15 days, with the receipt replaced within 5 working days; Article 8 lists three grounds of cancellation.
4. The facts that can actually be checked
第九条 国家移民管理局建立全国统一的备案信息公示平台，及时公布经过备案的从事出境入境中介服务的机构和人员信息。
公安机关出入境管理机构应当公开办理备案的材料目录、办事指南等信息，持续优化工作流程，不断提升从事出境入境中介服务的机构办理备案的便利化程度。
Article 9: The National Immigration Administration shall establish a unified nationwide platform publishing filing information, and shall promptly publish information on the institutions and personnel that have completed filing. Exit-entry administration bodies shall make public the catalogue of materials and the service guide for filing.
Unofficial translation; the Chinese text as officially published prevails.
Article 9 answers the question in the title: the record is published, and covers personnel as well as institutions. The text names no address for the platform, and none is supplied here. What the provisions allow is a short list of facts that either exist or do not.
| Fact | Provision | What it does not establish |
|---|---|---|
| The institution, and the individual who will act, appear in the published information | Art. 9; art. 3, para. 2 | That they are the ones named in the engagement |
| A filing receipt exists, issued where the institution sits | Art. 6; art. 3, para. 1 | That it is current after a change under Article 7 |
| Registration and qualification permits were verified on filing | Art. 5, para. 2 | That a service, price or outcome was reviewed |
| No cancellation situation has arisen | Art. 8 | That the record will stay |
The right-hand column carries the distinction usually lost: filing establishes existence and identity, not the merits of an application.
5. What follows where there is no filing, and where the client's own liability sits
第十三条 从事出境入境中介服务的机构和人员违反备案管理、经营义务的，公安机关出入境管理机构依照《国务院关于出境入境管理的规定》第十二条、第十三条规定给予行政处罚；构成犯罪的，依法追究刑事责任。
Article 13: Where an institution or person engaging in these services breaches the filing administration or operating duties, the exit-entry administration body shall impose administrative penalties under Articles 12 and 13 of the Regulation; where a crime is constituted, criminal liability follows in accordance with law.
Unofficial translation; the Chinese text as officially published prevails.
The Measures create no penalty of their own; they route breaches into Order No. 841, on the pages linked above. Article 12 of the Order covers its filing and conditions provisions: an order to correct; on refusal, 5,000 to 10,000 yuan plus notification to suspend the business or close for rectification; where serious, 10,000 to 50,000 yuan plus notification to revoke the permit or licence; and, for an individual acting in breach, an order to stop, confiscation of gains and, where serious, up to 5,000 yuan. Article 13 covers the prohibited acts: confiscation of gains; one to five times gains of 20,000 yuan or more; 20,000 to 50,000 yuan where there are none or less; and 10,000 to 50,000 yuan on the directly responsible persons.
Then the question the client actually asks. Neither text provides that a person who instructs a provider with no filing incurs a penalty for doing so; the liabilities above address the institution, its responsible individuals, and those who provide the service. That is worth stating rather than leaving to inference. The client's own duties are separate: Article 3 of Order No. 841 requires the stated purpose of an application for exit, entry, stay or residence to be true and lawful, and puts the truthfulness of an invitation letter on whoever issues it. Nothing here moves that.
Article 12 of the Measures, also in the companion Chinese page, has a second face: the provider must keep a service ledger and user files recording the service object, content and result, and keep contracts, personal information and financial vouchers properly. For the client that is both a right and an exposure — the record can be asked for, and personal information sits in it as long as it is kept.
6. Common questions 常见问题
Someone gives visa help and charges nothing. Is that caught?
Article 2 requires a fee charged as agreed, alongside the instruction and the listed activity, and the officials introducing Order No. 841 stated that consultation and enquiries carried on other than for profit are not covered. The other consequence matters more: an unpaid helper sits outside the system and outside the published record, which therefore cannot check them.
The provider belongs to an international group. Does that matter?
It matters for which entity must hold the record. On the official statement above, an enterprise established outside China may not provide these services within China, while one established in China in accordance with law may, whatever the origin of its capital. Verify which entity is contracting, where it is established, and whether it is the one published.
What does a filing receipt prove?
Under Article 6, that the materials in Article 5 were complete and met the requirements on the date of issue; under Article 5, paragraph 2, that registration and qualification permits were verified. It records no assessment of any application, and is not permanent: Article 7 calls for a replacement after a filed change, Article 8 for cancellation.
- Misconception: a provider that has done this work for years is outside the new system. In fact: Article 4, paragraph 2 gives providers already operating 90 days from the date the Regulation took effect to file — a deadline, not an exemption.
- Misconception: a filing receipt is a licence, and a filed provider has been approved for what it offers. In fact: Article 6 ties the receipt to the materials being complete and compliant, and Article 5, paragraph 2 confines verification to registration and qualification permits. Business scope is a filed item under Article 7, not an endorsement.
- Misconception: once the matter is with a filed provider, responsibility for the application has moved across. In fact: Article 3 of Order No. 841 keeps the truthfulness of the stated purpose with the applicant, and that of an invitation letter with whoever issues it. The Measures contain no transfer provision.
- Misconception: checking the company is enough, and its head office filing covers the branch doing the work. In fact: Article 3 files the institution in its own place and its personnel through it, branches file separately, and Article 9 publishes both.
- Settle which of the three timetables in Article 4 applies before reading anything into an absent record: 15 days from establishment, 90 days from 2026-09-15 for those already operating, or 15 days from taking up the business.
- Check the personnel layer as well as the institution, under Article 3, paragraph 2 and Article 9, matching the person who will act against the engagement papers.
- Read the receipt for its date and its scope: under Article 7 a change of name, premises, personnel, business scope or overseas cooperation is filed within 15 days and the receipt replaced in 5 working days.
- Keep your own file independently of the provider's: under Article 3 of Order No. 841 the statement of purpose and any invitation letter carry their own responsibility, so retain what was submitted, and in whose name.
- Ask what the service ledger and user file under Article 12 will hold, and for how long, since that duty runs alongside the personal information handed over.
- 《从事出境入境中介服务的机构和人员备案管理办法》，由《国家移民管理局 国家市场监督管理总局关于发布〈从事出境入境中介服务的机构和人员备案管理办法〉的公告》（2026 年第 6 号公告，落款 2026 年 9 月 14 日）发布，全 14 条，第十四条载自 2026 年 9 月 15 日起施行。本文逐字引用其第二条、第三条第一款、第四条、第五条、第六条、第九条、第十三条，并以条号提及第三条第二款、第七条、第八条、第十二条。官方原文 https://www.nia.gov.cn/n741440/n741542/c1801636/content.html
- 《国务院关于出境入境管理的规定》，国务院令第 841 号，2026 年 6 月 29 日国务院第 90 次常务会议通过，2026 年 7 月 22 日成文，2026 年 7 月 31 日发布，自 2026 年 9 月 15 日起施行。本文以条号引用其第三条、第八条、第十条、第十二条、第十三条。官方原文 https://www.gov.cn/zhengce/content/202607/content_7077172.htm
- 司法部、公安部、国家移民局负责人就《国务院关于出境入境管理的规定》答记者问，2026 年 7 月 31 日。本文引用其中关于非营利政策咨询与境外企业、机构的两句表述。官方原文 https://www.nia.gov.cn/n741440/n741577/c1793235/content.html
- Status and timing note 效力与时点提示：The Measures and Order No. 841 have both been in force since 2026-09-15 and remain so as at the verification date, 2026-09-17. Article 9 provides for a nationwide publication platform but states no address, and none is given here. The forms and receipts in Articles 5 to 8 are annexes; only the categories of material are described. All procedural matters are subject to the current published requirements of the accepting authority.
This article is general legal research and does not constitute legal advice; by law, a law firm may not guarantee case outcomes. 本文为一般性法律研究，不构成法律意见；依据法律规定，律所不得承诺办案结果。
