Behind the Surge in Inbound Tourism by Foreign Visitors: Legal Boundaries and Risk Advisories on the 240-Hour Transit Visa Exemption Policy
In the first half of 2026, the number of foreigners entering China nationwide reached 22.914 million, a year-on-year increase of 20.4%, and the scope of the 240-hour visa-free transit policy has been expanded to 57 countries. Foreign tourists have been arriving in droves, leaving their footprints at the Shanghai Bund, the Forbidden City in Beijing, and Huaqiangbei in Shenzhen. This surge has not only driven growth in the tourism economy but also given rise to a series of new legal issues: What are the boundaries of the visa-free transit policy? If disputes or violations occur during foreign tourists' stay in China, how does the law apply? What responsibilities should businesses and individuals hosting foreign tourists bear? As lawyers in Shenzhen, it is necessary for us to provide a clear compliance guide from a legal practice perspective for participants in this wave of tourism.
The legal framework and applicable conditions of the transit visa-free policy.
The 240-hour visa-free transit policy is not an unconditional entry. Its legal basis primarily derives from the Exit and Entry Administration Law of the People's Republic of China and relevant regulations of the State Council. This policy allows citizens of 53 countries (now expanded to 57) who hold valid international travel documents and connecting tickets to transit through China to a third country or region, staying in designated areas for no more than 240 hours (10 days). However, it must be made clear that visa-free does not mean regulation-free. Visitors must strictly comply with the following conditions: First, they must hold a valid passport or other international travel document proving their nationality and identity; Second, they must hold a connecting ticket or relevant proof for travel to a third country (region) with a confirmed date and seat within 240 hours; Third, after entry, their scope of activities must not exceed the areas approved by the State Council (such as within Guangdong Province).
In practice, many foreign tourists mistakenly assume that transit visa-free entry is equivalent to unrestricted entry, only to be lawfully dealt with by border inspection authorities due to itinerary changes, failure to book connecting tickets, or traveling beyond the designated area. As a port city, Shenzhen sees such cases frequently. For example, a European tourist who entered Shenzhen under transit visa-free rules traveled without authorization to Guangzhou and overstayed, and was subsequently given a warning and fined by the public security authorities in accordance with Article 78 of the Exit and Entry Administration Law. Lawyers remind that the duration of transit visa-free stay is calculated precisely to the hour, starting from midnight of the day following entry, and tourists must plan their itineraries carefully to avoid inadvertently committing illegal residence.
Legal Risks and Liability Determination for Foreign Tourists During Their Stay in China
While in China, foreign tourists are subject to Chinese law in matters such as civil conduct, transportation, and accommodation registration. First, there is the obligation of accommodation registration: according to Article 39 of the Exit and Entry Administration Law, if a foreigner stays at a hotel, the hotel shall register their accommodation; if staying at a residence other than a hotel, the foreigner or the host shall register with the public security organ at the place of residence within 24 hours after check-in. Many tourists choose homestays or short-term rental apartments; if the landlord fails to fulfill the registration obligation, both parties may face fines. Second, regarding traffic violations, if foreign tourists drive motor vehicles with an overseas driver's license, they must obtain a temporary driving permit in advance; otherwise, it will be considered driving without a license, and they may face fines or even administrative detention in accordance with the Road Traffic Safety Law.
Additionally, civil disputes should not be overlooked. When tourists encounter consumer fraud while shopping, are injured at scenic spots, or have conflicts with local residents, the relevant provisions of the Civil Code of the People's Republic of China apply. For example, if a foreign tourist discovers quality issues with electronic products purchased at a shopping mall in Shenzhen, they are entitled to demand a refund or compensation under the Contract Part of the Civil Code, but should note that the statute of limitations is three years. Lawyers advise that foreign tourists should retain purchase receipts, contracts, and communication records, and seek assistance from professional lawyers when necessary, to protect their rights through mediation, arbitration, or litigation.
The hosting party and the enterprise's compliance obligations.
The surge in inbound tourism has driven the development of industries such as travel, catering, accommodation, and transportation, but related businesses also need to assume corresponding legal obligations. Travel agencies, as organizers, must fulfill their duty to inform and ensure tourist safety in accordance with the Tourism Law; if tourists suffer personal injury due to improper arrangements, they may be liable for compensation. Hotel and homestay operators, when receiving foreign tourists, must not only complete accommodation registration but also comply with the real-name system management requirements under the Counter-Terrorism Law; otherwise, they may face suspension for rectification.
At the same time, enterprises hiring foreign personnel for roles such as tour guides or translators must strictly comply with the Exit and Entry Administration Law and the Regulations on the Administration of Employment of Foreigners in China, and are required to obtain work permits and residence certificates. In practice, some enterprises, for the sake of convenience, arrange for foreigners holding tourist visas to participate in business activities. Such conduct constitutes illegal employment, and enterprises will face an administrative penalty of a fine of 10,000 yuan for each illegally employed foreigner, with severe cases potentially leading to criminal liability. A technology company in Shenzhen was once fined 50,000 yuan and ordered to rectify its practices for short-term employment of foreign experts without obtaining work permits, serving as a profound lesson. Lawyers advise that when it comes to employing foreign personnel, it is essential to consult legal professionals in advance to ensure compliance in employment practices.
How should Shenzhen address the legal challenges posed by the surge in inbound tourism?
As an international metropolis, Shenzhen serves as a major gateway for foreign visitors entering China. In the first half of 2026, the number of foreign nationals arriving through Shenzhen's ports increased significantly, bringing both opportunities and challenges. At the government level, Shenzhen should further improve supporting facilities for the transit visa-free policy, such as establishing legal consultation counters at ports to provide timely legal guidance for foreign tourists. Meanwhile, it should strengthen oversight of the tourism market, strictly crack down on illegal activities such as unlicensed tour guides and forced shopping, and uphold the city's image of rule of law.
At the enterprise level, tourism practitioners in Shenzhen should proactively undergo training in foreign-related legal matters to enhance their service capabilities. For instance, enterprises can pre-design legal response plans for issues foreign tourists may encounter, such as payment disputes and insurance claims. At the level of the legal profession, the demand for foreign-related legal services will become increasingly prominent. Guangdong Zhiming Law Firm has already established a foreign-related legal team capable of providing multilingual legal consultation, contract review, dispute resolution, and other services, helping enterprises and individuals mitigate risks in cross-border interactions.
Conclusion: With the protection of the law, make your journey in China even more wonderful.
The surge of the "Come and see China" trend reflects China's openness and inclusiveness, as well as the outcome of its continuously optimized legal environment. While foreign tourists enjoy the convenience of these policies, they should proactively understand and comply with Chinese laws; host parties should earnestly fulfill their compliance obligations; and legal professionals should leverage their expertise to build legal bridges for cross-cultural exchanges. Only by staying on the track of the rule of law can this trend sustain steady and long-term progress. If you or your enterprise encounter legal questions in foreign-related matters, you are welcome to contact Guangdong Zhiming Law Firm, and we will assist you in moving forward compliantly with professional strength.
