Law of China on Resident Identity Cards (2011 Amendment)

 2018-05-15  45


Law of China on Resident Identity Cards (2011 Amendment)


· Document Number:Order No.51 of the President of the People’s Republic of China

· Area of Law: Public Security

· Level of Authority: Laws

· Date issued:10-29-2011

· Effective Date:01-01-2004

· Status: Effective

· Issuing Authority: Standing Committee of the National People's Congress

 

Law of China on Resident Identity Cards
(Adopted at the 3rd Session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on June 28, 2003 and promulgated by Order No.4 of the President of the People's Republic of China on June 28, 2003, amended according to the Decision of the 23 rd Session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on Amending the Law of the People's Republic of China on Resident Identity Cards on October 29, 2011)
Contents
Chapter I General Provisions 
Chapter II Application and Issuance 
Chapter III Use and Examination 
Chapter IV Legal Responsibility 
Chapter V Supplementary Provisions 

Chapter I General Provisions
Article 1 This Law is enacted for the purposes of proving the identities of the citizens residing within the territory of the People's Republic of China, safeguarding their legitimate rights and interests, facilitating their social activities and maintaining public order.
Article 2 Any Chinese citizen who has reached the age of 16 and who resides within the territory of the People's Republic of China shall, in accordance with the provisions of this Law, apply for the resident identity card; and any Chinese citizen under the age of 16 may, in accordance with the provisions of this Law, apply for resident identity card.
Article 3 Items to be registered on a resident identity card include: name, gender, nationality, date of birth, address of permanent domicile, citizen's identity number, photograph, fingerprints, term of validity, and issuing authority.
The citizen's identity number is the sole and inalterable permanent identity code of a citizen, which is designed by the public security organ according to the national standard for citizens' identity numbers.
Citizens applying for obtaining, replacing, or reissuing a resident identity card are required to register their fingerprints.
Article 4 Standard Chinese characters and numerals and symbols conforming to national standards shall be used in filling out a resident identity card.
With respect to the items in the resident identity card to be registered in Chinese, the authority of autonomy in a national autonomous area may, in light of the actual conditions of the area, decide to use at the same time the written language of the nationality enjoying regional autonomy or the written language that is commonly used locally.
Article 5 The terms of validity of resident identity cards for citizens at or over the age of 16 shall be 10 years, 20 years, or permanent. To citizens between the age of 16 and 25, shall be issued resident identity cards valid for 10 years; to those between the age of 26 and 45, shall be issued resident identity cards valid for 20 years; and to those at or over the age of 46, shall be issued resident identity cards valid permanently.
Where a citizen under the age of 16 voluntarily applies for the resident identity card, a card valid for five years shall be issued to him.
Article 6 The resident identity card shall be designed by the department for public security under the State Council. And the resident identity cards shall be uniformly made and issued by public security organs.
The resident identity cards shall be readable both visually and by computer, and the contents read visually and by computer shall be limited to the items prescribed in the first paragraph of Article 3 of this Law.
Public security organs and people's police shall keep confidential citizen's personal information gained through making, issuing, examining or seizing resident identity cards.
Chapter II Application and Issuance
Article 7 Any citizen shall, within three months from the date he reaches the age of 16, apply to the public security organ at the place of his permanent residence for the resident identity card.
In the case of a citizen under the age of 16, his guardian shall apply for the resident identity card on his behalf.
Article 8 A resident identity card shall be signed and issued by the public security organ under the people's government at the county level at the place where a person's permanent residence is registered.
Article 9 When going through the formalities of permanent residence registration, compatriots from Hong Kong, Macao or Taiwan who move to resettle down on the mainland, or overseas Chinese who return to reside in China, or foreign nationals or stateless persons who reside within the territory of the People's Republic of China and who are naturalized or whose nationality of the People's Republic of China is restored upon approval shall, in accordance with the provisions in this Law, apply for resident identity cards.
Article 10 Anyone who applies for the resident identity card shall fill out the Registration Form of Application for Resident Identity Card and present his resident household registration book for examination.
Article 11 If the state decides to issue a new generation of identity cards, the resident identity card expires, the citizen's name is changed or the card is unrecognizable due to serious damage, a citizen shall apply for replacing it by a new card; if any registered item is in error, the public security organ shall immediately correct the error and issue a new identity card. The original card shall be surrendered when obtaining a new one. When a resident identity card is lost, the resident shall apply for reissuance.
Where any of the circumstances mentioned in the preceding paragraph occurs to a citizen under the age of 16 in respect of his resident identity card, he may apply for a new card, for changing the card, or for reissue of a card.
When a citizen goes through the formalities of changing his permanent residence registration, the public security organ shall record the change of the address of the citizen's permanent residence under the relevant computer-read item in the resident identity card and inform the citizen himself of the fact.
Article 12 When a citizen applies for a resident identity card or for changing the card, or for reissue of a card, the public security organ shall, in accordance with relevant regulations, handle the matter without delay. The public security organ shall issue the resident identity card within 60 days from the date the citizen submits the Registration Form of Application for Resident Identity Card; for areas where transport facilities are inconvenient, the time limit for handling such matter may be appropriately extended, but the extension may not exceed 30 days.
Where a citizen is in urgent need of his resident identity card during the period when he applies for the card, or for changing the card, or for reissue of a card, he may apply for a temporary resident identity card, and the public security organ shall, in accordance with relevant regulations, handle the matter without delay. The specific measures in this regard shall be formulated by the department for public security under the State Council.

Chapter III Use and Examination
Article 13 Where any citizen is required to prove his identity when engaged in relevant activities, he shall have the right to use his resident identity card for the purpose, and no entities or their staff members concerned may reject it.
Entities and their staff members shall keep confidential citizens' personal information recorded on their resident identity card as acquired in the course of performing duties or rendering services.
Article 14 Any citizen shall, under any of the following circumstances, produce his resident identity card to prove his identity:
(1) changing of the permanent residence registration;
(2) military service registration;
(3) marriage registration or adoption registration ;
(4) applying for going through the formalities of leaving the country; or
(5) other circumstances where, according to the provisions of laws and administrative regulations, the resident identity card is required to prove his identity.
Where a citizen who fails to get the resident identity card in accordance with the provisions of this Law intends to do what is mentioned in the preceding paragraph, he may prove his identity by any other means which conforms to State regulations.
Article 15 When performing his duties in accordance with law under any of the following circumstances, a people's policeman may, after producing his law enforcement certificates, examine the resident identity cards:
(1) when it is necessary to find out the identity of a law-breaker or criminal suspect;
(2) when it is necessary to find out the identities of the persons concerned during on-the-spot control exercised in accordance with law;
(3) when it is necessary to find out the identities of the relevant persons on the spot in an unexpected incident that seriously endangers public security; or
(4) When it is necessary to ascertain the identity of relevant persons at railway stations, long-distance bus station, ports, wharfs, airports or places specified temporarily by the people's government of a city divided into districts during major events.
(5) other circumstances under which it is necessary to find out people's identities, as is required by the provisions of laws.
Where a person refuses to have his resident identity card examined by the people's police under any of the circumstances listed in the preceding paragraph, measures shall, on the basis of the different circumstances, be taken to deal with him in accordance with the provisions of relevant laws.
No organization or individual may seize any resident identity card. However, exception shall be made where the public security organ executes the enforcement measure for residential surveillance in accordance with the Criminal Procedure Law of the People's Republic of China.

Chapter IV Legal Responsibility
Article 16 Anyone who commits any of the following conducts shall be given a warning by the public security organ and shall, in addition, be fined not more than RMB 200 yuan, and the illegal gains, if any, shall be confiscated:
(1) obtaining the resident identity card by using false documents of certification;
(2) leasing, lending or making over the resident identity card to another person; or
(3) illegally seizing the resident identity card of another person.
Article 17 Anyone who commits one of the following conducts shall be imposed by the public security organ a fine of not less than 200 yuan but not more than 1,000 yuan, or shall be detained for not more than 10 days, and the illegal gains, if any, shall be confiscated:
(1) using another person's resident identity card as his own or a resident identity card obtained by fraudulent means; or
(2) buying, selling or using falsely made or forged resident identity card.
Any resident identity card that is falsely made, or forged, or obtained by fraudulent means shall be forfeited by the public security organ.
Article 18 Anyone who falsely makes or forges resident identity cards shall be investigated for criminal responsibility in accordance with law.
Anyone who commits one of the acts listed in Articles 16 and 17 of this Law and engages in criminal activities shall be investigated for criminal responsibility in accordance with law.
Article 19 Where a staff member of a state organ or finance, telecommunication, transport, education or medical care entity constitutes a crime by divulging citizens' personal information recorded on their resident identity cards as acquired in the course of performing duties or rendering services, criminal liability shall be pursued according to law; if no crime is constituted, the public security organ shall impose detention of 10 to 15 days, impose a fine of 5,000 yuan and confiscate the illegal gains if any.
Where any entity falls under circumstances mentioned in the preceding paragraph and a crime is constituted, criminal liability shall be pursued according to law; if no crime is constituted, the public security organ shall impose detention of 10 to 15 days on the directly responsible person in change and other directly liable persons, impose a fine of 100,000 yuan to 500,000 yuan and confiscate the illegal gain if any.
Any party causing harm to others by committing acts mentioned in the preceding two paragraphs shall assume civil liability.
Article 20 Any of the people's police commits one of the following acts shall, according to the seriousness of the circumstances, be given administrative sanctions in accordance with law; and if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law:
(1) by taking advantage of making, issuing or examining resident identity cards, accepting or receiving money or things of value offered by other persons or seeking other benefits;
(2) illegally changing a citizen's identity number, or registering in the resident identity card information other than the items prescribed in the first paragraph of Article 3 of this Law or intentionally registering false information;
(3) without justifiable reasons, failing to issue resident identity cards within the statutory time limit;
(4) examining or seizing a resident identity card in violation of regulations and thus infringing upon the lawful rights and interests of a citizen; or
(5) divulging a citizen's personal information gained through making, issuing, examining or seizing his resident identity card and thus infringing upon the citizen's lawful rights and interests.

Chapter V Supplementary Provisions
Article 21 Where a citizen applies for a residence identity card, or for changing the card, or for reissue of one, he shall pay for the cost of the card. The rate for the cost of a resident identity card shall be determined upon examination by the competent department for pricing under the State Council in conjunction with the department for finance under the State Council.
Urban residents who receive subsistence allowances and rural residents who live in specially straitened circumstance shall be exempted from paying the costs of resident identity cards when they apply for such cards and for changing the cards for the first time. As to the other residents who really have difficulties in making ends meet, the payment of the costs of resident identity cards may be reduced when they apply for the cards and for changing the cards for the first time. The specific measures for exemption and reduction of such payment shall be formulated by the department for finance under the State Council in conjunction with the competent department for pricing under the State Council.
The payments for the costs of resident identity cards collected by public security organs shall all be turned over to the State Treasury.
Article 22 The specific measures for the soldiers of the People's Liberation Army and people's armed policemen in active service to apply for resident identity cards and for issuing such cards shall be separately formulated by the State Council and the Central Military Commission.
Article 23 This Law shall go into effect as of January 1, 2004, and the Regulations of the People's Republic of China Concerning Resident Identity Cards shall be abrogated at the same time.
A resident identity card obtained under the Regulation of the People's Republic of China on Identity Cards shall be inapplicable starting January 1, 2013. A resident identity card obtained under this Law before January 1, 2012 shall continue to be valid for its term of validity.
When the state decides to issue a new generation of resident identity cards, the date when the original identity cards become invalid shall be decided by the State Council.