Rules for Applying for and Issuing the Resident Identity Cards of Soldiers and Policemen in Active Service

 2018-07-05  19


· Document Number:Order of the State Council and the Central Military Commission(No.510)

· Area of Law: Public Security

· Level of Authority: Military Regulations

· Date issued:10-21-2007

· Effective Date:01-01-2008

· Status: Effective

· Issuing Authority: State Council Central Military Commission

 

Order of the State Council and the Central Military Commission
(No.510)
The Rules for Applying for and Issuing the Resident Identity Cards of Soldiers and People's Armed Policemen in Active Service, which are hereby promulgated and shall come into force as of January 1, 2008.
Premier of the State Council: Wen Jiabao
Chairman of the Central Military Commission: Hu Jintao
October 21, 2007
Rules for Applying for and Issuing the Resident Identity Cards of Soldiers and People's Armed Policemen in Active Service
Article 1 These Rules are enacted according to the Law of the People's Republic of China on Resident Identity Cards for the purpose of regulating the application for and issuance of the resident identity cards of soldiers and people's armed policemen in active service.
Article 2 The application for and issuance of the resident identity cards of soldiers and people's armed policemen in active service shall be governed by these Rules.
Article 3 The registered items on the resident identity cards of soldiers and people's armed policemen in active service shall include: name, gender, ethnic group, date of birth, long-term fixed address, resident identity card number, photograph, validity term and issuing organ of the card.
Article 4 The registered items on the resident identity cards of soldiers and people's armed policemen in active service shall be based on the contents in their archives and their resident identity card numbers as formulated by the public security organ. The entity at or above the regimental level shall uniformly organize the collection, input and examination of text information and image information.
Article 5 To apply for obtaining, changing or making up a resident identity card, a soldier or people's armed policeman in active service shall fill in a Registration Form for Applying for Resident Identity Cards of Soldiers and People's Armed Policemen in Active Service, and the entity at or above the regimental level shall, on his behalf, file an application with the public security organ under the county people's government where his long-term and fixed address is located.
Article 6 The resident identity cards of soldiers and people's armed policemen in active service shall be issued by the public security organ under the county people's government where their respective long-term and fixed addresses are located.
Article 7 If a soldier or people's armed policeman in active service applies for obtaining, changing or making up a resident identity card, the public security organ shall handle such an application according to Paragraph 1 of Article 12 of the Law of the People's Republic of China on Resident Identity Cards.
Article 8 If a solider or people's armed policeman in active service has obtained a resident identity card before his service, and his resident identity card is still effective during the course of his service, no new card needs to be obtained; however, he shall report it to the entity at or above the regimental level for registration and archival filing.
Article 9 If a solider or people's armed policeman in active service wants to apply for a temporary resident identity card, the entity at or above the regimental level where he serves shall file an application on his behalf; and the public security organ shall handle it according to the Administrative Measures of the People's Republic of China for Temporary Resident Identity Cards.
Article 10 After an entity at or above the regimental level in an army or armed police force has obtained a resident identity card or a temporary resident identity card on behalf of a solider or people's armed policeman in active service, it shall give the card to that soldier or policeman timely.
Article 11 If a solider or people's armed policeman needs to prove his citizenship in related social activities, the proof shall be his resident identity card; and if he needs to prove his identity of solider or people's armed policeman in active service when executing tasks, handling public affairs or enjoying pensions and preferential treatments, etc., the proof shall be his identity card made and issued by the army or the armed police force.
Article 12 An entity at or above the regimental level in an army or armed police force shall establish and improve the system for applying for, registering and filing, etc. of resident identity cards for its staff members; and shall indicate the resident identity number of one staff member in the personal archives of that staff member.
Article 13 The public security organ, the army, the armed police force and their functionaries shall keep confidential national secrets and personal information they have access to during the process of applying for and issuing the resident identity cards of soldiers and people's armed policemen in active service.
Article 14 A solider or people's armed policeman in active service who commits any of the following acts shall be punished according to the Discipline Ordinances of the Chinese People's Liberation Army:
1. cheating a resident identity card by using false certification materials;
2. leasing, lending or transferring his resident identity card;
3. illegally detaining the resident identity card of someone else;
4. using the resident identity card of someone else or using a resident identity card gotten by frauds; or
5. purchasing, selling or using a forged or altered resident identity card.
A resident identity card that is forged, altered or gotten by frauds shall be confiscated.
Article 15 If a solider or people's armed policeman in active service forges or alters a resident identity card, he shall be subject to criminal liabilities.
If a solider or people's armed policeman in active service commits any of the following acts mentioned in Article 14 of these Rules and commits criminal activities, he shall be subject to criminal liabilities.
Article 16 If any staff member of an army or armed police force commits any of the following acts in the work on applying for and issuing the resident identity cards of soldiers and people's armed policemen in active service, he shall be punished according to the Discipline Ordinances of the Chinese People's Liberation Army; and shall be subject to criminal liabilities if a crime is constituted:
1. failing to make rigid examination of the registered items on the resident identity card, and causing the registered information inconsistent with facts and causing serious influences;
2. accepting bribes or seeking for other interests by making use of the convenience from the work on issuing resident identity cards;
3. deliberately providing false information about the registered items on the resident identity card; or
4. divulging national secrets or personal information.
If the public security organ or the armed police force commits the act mentioned in Item (4) of the preceding paragraph in the work on applying for and issuing the resident identity cards of soldiers and people's armed policemen in active service, it shall be punished; and shall be subject to criminal liabilities if a crime is constituted.
Article 17 The application for and issuance of resident identity cards of the cadres discharged from active service and retired under the administration of an army or armed police force, the cadres discharged from active service and retired as well as the retired warrant officers as transferred to the people's government for resettlement shall be conducted according to these Rules.
Article 18 These Rules shall come into force as of January 1, 2008.