Suggested citations
AGLC4 | 출입국법 2012 [Immigration Law of the Democratic People's Republic of Korea (2012)] [tr Daye Gang].
Bluebook | Chulibgugbeob 2012 [Immigration Law of the Democratic People's Republic of Korea (2012)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on January 19, Juche 85 (1996), as Directive No. 68 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on January 28, Juche 88 (1999), as Directive No. 382 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on April 10, Juche 101 (2012), as Directive No. 2323 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF IMMIGRATION LAW
Article 1 (Objectives of Immigration Law)
The Immigration Law of the Democratic People’s Republic of Korea shall serve to strengthen the immigration system, and to accommodate citizens of our country who enter and exit our country, and foreigners who enter, exit, stay in, reside in, or travel in the country.
Article 2 (Definitions)
The definitions of terms in this law are as follows.
1. Citizens mean people who have the citizenship of the Democratic People’s Republic of Korea.
2. Foreigners mean people who have the citizenship of other countries.
3. An immigration certificate is a thing such as a passport or a certificate that substitutes it or a visa.
4. Stay means that a foreigner stays in the territory of our country for a constant period.
5. Residence means that a foreigner does residence registration and lives in the territory of our country.
6. Travel means that a foreigner exits his or her temporary place of residence or domicile and comes and goes to a different area in the territory of our country.
Article 3 (Border transit branches)
Exiting and entering the country shall be done through border transit branches. The State shall correctly decide border transit branches in conformity with the requirements of foreign relations development.
Article 4 (Parties to immigration formalities)
Procedures related to entering, exiting, staying in, residing in, and travelling in the country shall be done by the person himself or herself. However, in cases where exiting, entering, staying in, and travelling in the country for government affairs, the authorities concerned may do the procedures. Procedures for a minor shall be done by the guardian.
Article 5 (Immigration fees)
The State shall impose designated fees on given citizens and foreigners related to exiting and entering the country. However, the visa fees of foreigners shall be imposed on the basis of the principle of reciprocity.
Article 6 (Entities in charge of immigration)
Work related to exiting and entering the country shall be done by the Ministry of Foreign Affairs and the immigration work institution. Diplomatic and consular institutions and the authorities concerned of our country stationed in other countries may also do it.
Article 7 (Exchange and cooperation in the immigration work field)
The State shall develop exchange and cooperation in the immigration work field with other countries based on the principle of reciprocity.
Article 8 (Order of entry into special economic zones)
The order of entry into special economic zones shall follow the given regulations.
CHAPTER II. CITIZENS EXITING AND ENTERING THE COUNTRY
Article 9 (Reasons for exiting and entering the country)
Citizens may exit or enter the country for government affairs and private affairs. Citizens seeking to exit or enter the country must receive an immigration certificate issued through the Ministry of Foreign Affairs, the immigration work institution, or the authorities concerned.
Article 10 (Application to issue passport or visa)
The application to issue a passport or visa for a citizen seeking to exit or enter the country for government affairs shall be done at the Ministry of Foreign Affairs by the institution dispatching it. The application to issue a passport or visa for a citizen seeking to exit or enter the country for private affairs shall be done at the immigration work institution of the person himself or herself at his or her domicile.
Article 11 (Legal effect of a border area immigration certificate)
Citizens who have a border area immigration certificate issued by the immigration work institution or an authority concerned may exit or enter the given country by that border area.
A border area immigration certificate only has legal effect at the designated border area.
Article 12 (Application to issue border area immigration certificate)
The application to issue a border area immigration certificate for a citizen seeking to exit or enter the country for government affairs shall be done at the immigration work institution or the authorities concerned by the institution dispatching him or her. The application to issue a border area immigration certificate for a citizen seeking to exit or enter the country for private affairs shall be done at the immigration work institution of the person himself or herself at his or her domicile.
Article 13 (Prolongation of validity period of immigration certificate)
In cases where the validity period of the immigration certificate of a citizen expires, that period may be prolonged or it must be reissued.
Article 14 (Exiting and entering the country by sailor’s card)
Citizens may exit and enter the country using a sailor’s card issued by the central maritime affairs supervision institution. In cases where a sailor’s card may not be used to exit and enter the country, a passport or visa must be issued through the Ministry of Foreign Affairs or a diplomatic and consular institution of our country stationed in another country.
Article 15 (Confirmation of exiting and entering the country)
Citizens shall exit and enter the country after receiving confirmation on the given immigration certificate. Confirmation of exiting and entering the country shall be done by the traffic inspection institution at given border transit branches.
Article 16 (Entering and exiting the country by overseas citizens)
Citizens living in other countries may enter and exit the country by receiving a passport or visa issued through a diplomatic and consular institution of our country or the authorities concerned.
Article 17 (Reissue of immigration certificate)
Citizens who have damaged or lost their immigration certificate must have it reissued.
Article 18 (Subject of prohibition on exiting the country)
Citizens who have a damaged immigration certificate or a counterfeited immigration certificate, or are recognised by a legal institution to not be allowed to exit the country, shall not be allowed to exit the country.
CHAPTER III. ENTERING AND EXITING THE COUNTRY BY FOREIGNERS
Article 19 (Entering and exiting the country by a foreigner by visa)
Foreigners must enter and exit the country by receiving a visa issued through the Ministry of Foreign Affairs or the immigration work institution of our country, or through a diplomatic and consular institution of our country stationed in another country. A foreigner who has been issued a passport or a certificate substituting it where it has been agreed to allow travel between our country and the given country without a visa, may enter or exit the country without a visa.
Article 20 (Application to issue visa of a foreigner)
A foreigner seeking to enter the country must make an application to issue a visa at the diplomatic and consular institution of our country stationed in the given country. In these cases, the inviting institution from our country, or the diplomatic and consular institution of the given country or the representative organ of the international organization stationed in our country, may be requested to file an application to issue a visa. In cases of seeking to enter the country for private affairs, the consent document issued by the immigration work institution shall be attached to the visa issue application document.
Article 21 (Procedure for entering and exiting the country for foreigners)
Foreigners entering the country must correctly do the relevant procedures. At the border transit branches, confirmation on the given immigration certificate from the traffic inspection institution must be received.
Article 22 (Entering and exiting the country by foreigners using sailor’s card)
Foreigners with sailor’s cards may enter and exit the country through a designated port without a visa. In cases where a foreigner with a sailor’s card seeks to exit the country through transportation methods such as airplanes, trains, and cars, they must do the relevant procedures.
Article 23 (Entering and exiting the country by foreigners with a border area immigration certificate)
A foreigner with a border area immigration certificate must enter the country at the designated border area. In cases of entering the country at the border area and seeking to go to a different area of our country, the approval of the given immigration work institution shall be received. Foreigners residing in our country may exit and enter the country for private affairs with a border area immigration certificate issued by the given immigration work institution.
Article 24 (Entering and exiting the country by a foreigner with a tourism card)
A foreigner who has received a tourism card issued by our country may enter and exit the country without a visa.
Article 25 (Foreigners who are subjects of prohibition on entering the country)
The foreigners who meet the following may not enter the country.
1. A person who has violated the independence of our country
2. International terrorists
3. Drug addicts and persons legally certified insane
4. Patients with infectious diseases, people coming from areas where an infectious disease has occurred
5. Persons with certificates that have been counterfeited or have been gravely damaged and cannot be confirmed
6. A person who has been determined to be able to violate the safety of the country by the authorities concerned
Article 26 (Prolongation of validity period for foreigner immigration certificates)
Foreigners must enter and exit the country within the validity period of the given immigration certificate. In cases where the validity period has passed, that period must be prolonged.
Article 27 (Deletion of stay or residence registration of foreigners)
Foreigners who return home after they were staying or residing must delete their stay registration or residence registration from the given immigration work institution. In these cases, their foreigner long-term stay card or foreigner residence registration card shall be submitted.
Article 28 (Exiting and entering the country for foreigners on long-term stays or residence)
In cases where foreigners on long-term stays or residence seek to exit the country for a determined period must leave their foreigner long-term stay card or foreigner residence registration card with the given immigration work institution. A foreigner long-term stay card or foreigner residence registration card left with the immigration work institution shall be returned after the foreigner enters the country.
Article 29 (Use of cars for foreigners exiting and entering the country)
Foreigners staying long-term in our country may exit and enter the country using an approved car. In these cases, a car border pass must be issued.
Article 30 (Foreigners who are subjects of prohibition on exiting the country)
Foreigners who have a damaged immigration certificate or counterfeited immigration certificate, or those determined to not be allowed to exit the country, may not exit the country.
CHAPTER IV. STAY, RESIDENCE, TRAVEL OF FOREIGNERS
Article 31 (Registration and procedures related to stay, residence, travel of foreigners)
Foreigners may stay, reside in, or travel in the territory of our country according to their purpose for entering the country. In these cases, the given registration and procedures must be done in time.
Article 32 (Classification of stays for foreigners)
The stay of foreigners shall be divided into short-term stays and long-term stays. Short-term stays shall be up to 90 days from the day they enter the country, and long-term stays shall be more than 91 days.
Article 33 (Stay registrations for foreigners)
Foreigners who have entered into the territory of our country shall do their stay registration within 48 hours of the time they have arrived at their destination, and must receive confirmation in the passport or a separately received visa. A foreigner who has entered the country without receiving a visa must do their stay registration after receiving a visa.
Article 34 (Registration during stay by foreigner)
In cases where a foreigner stays for more than 48 hours in an area that is not his or her destination for inevitable reasons, he or she must do a registration during the stay with the immigration work institution in the relevant area.
Article 35 (Jurisdiction over stay registration for foreigners)
The stay registration of a foreigner who has entered the country for government affairs shall be done by the central immigration work institution or the given province (or municipality directly under central authority) immigration work institution. In some cases, the relevant border area city (or district) or county immigration work institution may also do it. The stay registration of a foreigner who has entered the country for private affairs shall be done by the relevant city (or district) or county immigration work institution.
Article 36 (Issue of foreigner long-term stay card)
A foreigner seeking a long-term stay must have issued a foreigner long-term stay card according to the purpose for his or her stay. In these cases, the designated procedure must be done.
Article 37 (Foreigner not doing a stay registration)
The following foreigners shall not do stay registration.
1. Members of high-level delegations such as a foreign Parliament or government delegation
2. Members of diplomatic or consular institutions of other countries, representative organs of international organizations stationed in our country
3. Foreigners who have entered the country and exit the country that day without using accommodation
4. Sailors, crew members, attendants of ships, airplanes, and trains of other countries who have entered the country through ports, airports, and railway stations
5. Foreigners determined by the authorities concerned
Article 38 (Stay registration for sailors, crew members, and attendants of other countries)
In cases where sailors, crew members, or attendants on ships, airplanes, and trains of other countries stay more than 48 hours in a different area that is not the designated port, airport, or railway station, they must do stay registration in the given immigration work institution.
Article 39 (Change of long-term stay registration, reissue of foreigner long-term stay card)
In cases where foreigners with a long-term stay have the content of their long-term stay registration changed, they must do an amended registration with the given immigration work institution within 7 days, and must receive a reissued foreigner long-term stay card. In cases where a foreigner long-term stay card has been lost or gravely damaged, it shall also be reissued.
Article 40 (Residence of foreigners)
Foreigners residing in our country shall do residence registration with the given immigration work institution and must receive a foreigner residence registration card. Minor shall be issued a foreigner birth certificate.
Article 41 (Transfer procedure for domiciles)
Foreigners seeking to move domicile shall do residence registration with the immigration work institution in the area of new residence within 25 days of the day of vacation registration.
Article 42 (Validity period of foreigner residence registration card, foreigner birth certificate)
The validity period of foreigner residence registration cards and foreigner birth certificates shall be 3 years.
Article 43 (Change of foreigner residence registration, reissue of foreigner residence registration card or birth certificate)
In cases where foreigners in residence have changed the content of their residence registration such as changes to births, deaths, marriages, divorces, or jobs, they must do an amended registration to the given immigration work institution within 14 days and must have a foreigner residence registration card or foreigner birth certificate reissued. In cases where the validity period of the foreigner residence registration card or foreigner birth certificate has passed or it has been lost or damaged, it shall also be reissued.
Article 44 (Travel of foreigners)
Foreigners in residence, foreigners staying for private affairs, and foreigners with border area immigration certificates must travel with a travel card issued by the given immigration work institution. Foreigners who have arrived at their destination must receive the arrival and departure confirmation from the immigration work institution in the area concerned during their travel. Foreigners staying as members of diplomatic or consular institutions of other countries or representative organs of international organizations stationed in our country, or on other government affairs, may travel without having a document issued during their travel.
CHAPTER V. SANCTIONS
Article 45 (Sanctions imposed on citizens)
In cases where a citizen has violated this law, a penalty shall be imposed or they shall be prohibited from exiting the country. In grave cases, criminal liability shall be imposed.
Article 46 (Sanctions imposed on foreigners)
In cases where a foreigner has violated this law, a penalty shall be imposed or they shall be prohibited from entering or exiting the country, or their stay or travel approval shall be cancelled.
Article 47 (Complaints related to sanctions)
Complaints related to sanctions shall be done to the Ministry of Foreign Affairs or the given immigration work institution or law institution.
Last updated 16 November 2020