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People's Republic Of China Resident Identity Card Law

Original Language Title: 中华人民共和国居民身份证法

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People's Republic of China order of the President of the 51st number

The Standing Committee of the national people's Congress to amend of People's Republic of China resident identity card law decision by the People's Republic of China the 23rd meeting of the Standing Committee of the 11th NPC was adopted on October 29, 2011, are hereby promulgated and take effect on January 1, 2012.

People's Republic of China President Hu Jintao
The October 29, 2011

Standing Committee of the national people's Congress on revising the People's Republic of China resident identity cards Act decisions

(October 29, 2011 adopted by the 23rd session of the Standing Committee of the 11th NPC)

23rd meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China resident identity cards Act read as follows: Article III, be amended as: "registration of identity card projects include: name, gender, nationality, date of birth, place of permanent residence address number, citizenship, and personal photographs, fingerprints, certificate expiration date and issuing authority.

” Adding a paragraph to article, third paragraph: "citizens apply for, renew, a replacement identity card should be registered fingerprints.

” Second, the 11th article is revised as follows: "the State decided to issue a new generation of identity cards, identity cards expiration, name change, or serious damage to documents is unable to recognize, citizens should apply for a new certificate identity card registration error occurs, the public security organ shall promptly correct, and issue a new certificate when receiving a new card, you must return the original certificate.

Loss of identity cards, should apply for a replacement. Increased, 13th paragraph, second paragraph: "the units and their staff to perform their duties or obtained in the course of providing a service identity card records of citizens ' personal information, shall be kept confidential.



Article 15th, four additional items, as the fourth item: "(d) at railway stations, bus stations, ports, wharves, airports or during major events district site of the municipal people's Government, need to find out the identity of the persons concerned".

Five, and increased a article, as 19th article: "State or financial, and telecommunications, and traffic, and education, and medical, units of staff leaked in perform duties or provides service process in the get of identity card records of citizens personal information, constitute crime of, law held criminal; is not constitute crime of, by police organ at 10th above 15th following detention, and at 5,000 yuan fine, has illegal proceeds of, confiscated illegal proceeds.

"The preceding paragraph constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, by the public security organs directly responsible to the head of personnel and other persons, above 10th to 15th following the detention and fines of between 100,000 yuan and 500,000 yuan, has illegally obtained, confiscation of illicit proceeds. "There are acts of the preceding two paragraphs, causing damage to others shall bear civil liability.

” Six, the 22nd to 23rd, the second paragraph is amended as: "in accordance with the People's Republic of China resident identity card may receive under the regulations of the identity card, with effect from January 1, 2013 to stop using. Prior to January 1, 2012 and receive identity cards in accordance with this law, in its period of validity, continue to be valid.

” One paragraph is added as a third paragraph: "after the State decided to issue a new generation of identity cards, stop use of the original identity card date decided by the State Council.



This decision shall enter into force on January 1, 2012.

People's Republic of China resident identity card Act be revised according to this decision, republished.

People's Republic of China resident identity card law

(June 28, 2003 x session of the third meeting of the Standing Committee of the national people's Congress through the

On June 28, 2003 People's Republic of China order of the President of the fourth release

According to the October 29, 2011 Standing Committee of the 11th National People's Congress

23rd Conference on adaptation of People's Republic of China resident identity card law decision on amendments)

Directory

Chapter I General provisions

Chapter II issued collar and

Chapter III use and identification

The fourth chapter legal liability

The fifth chapter supplementary articles

Chapter I General provisions

First to prove residence in People's Republic of China citizens in the territory's identity, protect the legitimate rights and interests of citizens, facilitate citizens ' social activities, maintaining social order, this law is enacted.

Article live in People's Republic of China territory of Chinese citizen over the age of 16 shall, in accordance with the provisions of this law apply for identity cards; Chinese citizens under 16 years of age, may, in accordance with the provisions of this law apply for identity cards.

Article ID card registration includes: name, gender, nationality, date of birth, place of permanent residence address number, citizenship, and personal photographs, fingerprints, certificate expiration date and issuing authority.

Citizen identity number is every citizen only, life the same identity code, prepared by the public security organs in accordance with the national standard of civil identification numbers.

Citizens apply for, renew, a replacement identity card should be registered fingerprints.

Fourth identity cards use standard Chinese characters, and in accordance with the national standard of digital symbols filled in.

According to the organs of self-government of national autonomous areas the actual situation of the region, on registration of identity cards with Chinese characters, you can decide to use at of the nationality exercising regional autonomy in the text or select a commonly used text. Fifth identity cards of the citizens 16 years of age and older for a period of ten years, 20 years, long term.

16 years of age until the age of 25, the identity card issued to for years; 26 years old until the age of 45, issue identity cards valid for 20 years; more than 46 years, the identity card issued to long-term.

Citizens under 16 years of age, voluntarily applied for the identity card issued to the identity cards valid for five years. Sixth identity card design by the public security department under the State Council.

Uniform made and issued identity cards by the public security organs.

Read-identity card and machine readable two functions, depending on reading, reading the contents of this law is limited to the items provided for in the first paragraph of article.

Public security organs and people's police for the production, distribution, identification, seizure of identity card of a citizen's personal information shall be kept confidential.

Chapter II issued collar and

Article citizens shall, within three months from the date of 16 years of age, apply to the accounts of public security authorities at their place of residence for the identity card.

Citizens under 16 years of age, by the guardian apply for identity cards.

Eighth identity cards by residents permanent residency issued by the local people's Governments at the county level public security authorities.

Nineth compatriots in Hong Kong, Macao and Taiwan compatriots into the Mainland for settlement, the overseas Chinese to return home, as well as aliens and stateless persons in the People's Republic of China territory and approved to join or the restoration of People's Republic of China nationality, apply for permanent residence registration, in accordance with the provisions of this law shall be applied for for the identity card.

Tenth application for identity card, you should fill in the identity card application form, submit the household register. 11th State decided to issue a new identity card, ID card expiration, name change, or serious damage to documents is unable to recognize, citizens should apply for a new certificate identity card registration error occurs, the public security organ shall promptly correct, and issue a new certificate when receiving a new card, you must return the original certificate.

Loss of identity cards, should apply for a replacement.

Under 16 years of age before the citizen's identity card, you can apply for renewal, renewal or replacement of a new card.

When citizens apply for permanent migration, and the public security organ shall read the identity cards of the citizen's permanent residence address changes recorded in the project, and let me. 12th a citizen to apply, renew, a replacement identity card, public security organs shall, in accordance with the regulations shall be handled in a timely manner.

Citizens of public security organ shall submit the identity card application form within 60 days of the date of issuing identity cards; transportation, the processing time may be extended appropriately, but additional time not later than 30th. Citizens to apply for, renew, and replacement of identity cards during an urgent need for identity cards, can apply for and receive temporary identity card, public security organs shall, in accordance with the regulations shall be handled in a timely manner.

Specific measures by the public security department under the State Council.

Chapter III use and identification

13th citizens engaged in related activities requires proof of identity, the right to use identity cards to prove identity, the unit and its staff shall not refuse.

Units and their staff to perform their duties or obtained in the course of providing a service identity card records of citizens ' personal information, shall be kept confidential.

14th under any of the following circumstances, citizens shall produce their identity cards to prove identity:

(A) permanent residence registration changes;

(B) military service registration;

(C) the registration of marriages, adoption register;

(D) the application for departure clearance;

(E) the provisions of laws and administrative regulations need identity cards to prove identity in other circumstances.

In accordance with the provisions of this law without the identity cards of citizens engaged in activities relating to the provision of the preceding paragraph, other means consistent with national provisions can be used to prove identity.

15th the police perform their duties according to law, in the event of any of the following circumstances, produce their documents may examine identity cards:

(A) persons suspected of crime, need to be identified;

(B) conduct control over the law, need to find out the identity of the persons concerned;

(C) serious harm to public order emergency, need to find out the identity of the persons concerned;

(D) at railway stations, bus stations, ports, wharves, airports or during major events district site of the municipal people's Government, need to find out the identity of the persons concerned;

(E) be identified in other circumstances provided by law.

Of any of the circumstances listed in the previous paragraph, refused police checking identity cards, in accordance with the relevant provisions of the law, different situations, take measures to deal with it. No organization or individual may seize identity cards.

However, the public security organs in accordance with the People's Republic of China criminal law except in the case of surveillance of implementation of coercive measures.

The fourth chapter legal liability

16th under any of the following acts, by the public security organs in a warning and fined a maximum of 200 Yuan, has illegally obtained, confiscation illegal obtained:

(A) the identity by using false documents;

(B) rent, lend, transfer of an identity card;

(C) illegal seizure of identity card of another person.

17th under any of the following acts, by the public security organs between below 1000 Yuan and 200 Yuan fines, or detention of between 10th and has illegally obtained, confiscation illegal obtained:

(A) the use of others ' identity card or obtaining an identity card;

(B) the purchase, sale or use of forged or altered identity cards.

Forging, altering identity cards and obtaining identity cards, to be seized by public security organs.

18th forged or altered identity cards, criminal responsibility shall be investigated according to law.

This law is one of the acts listed in the 16th, 17th, engaged in criminal activity, criminal responsibility shall be investigated according to law.

19th State organs or the financial, telecommunications, transportation, education, medical care and other units who leak in carrying out their duties or obtained in the course of providing a service identity card records of citizens ' personal information, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the 10th above 15th following the detention by the Police Department, and a fine of 5,000 yuan, has illegally obtained, confiscation of illicit proceeds.

Units with Act constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, by the public security organs directly responsible to the head of personnel and other persons, above 10th to 15th following the detention and fines of between 100,000 yuan and 500,000 yuan, has illegally obtained, confiscation of illicit proceeds.

The preceding two paragraphs, causing damage to others shall bear civil liability.

20th Police have one of the following acts, according to the circumstances, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) the use of the production, distribution, check identity cards to facilitate and accept other person's property or seeking other interests;

(B) illegal change of citizenship number or identity card posted on the outside of the first paragraph of article III of the law project information or deliberately posting false information;

(C) without justifiable reasons not within the statutory time limit issued an identity card;

(D) identification of the contravention, seized identity cards and citizen's legitimate rights and interests;

(V) divulging production, distribution, identification, seizing identity cards and a citizen's personal information against the legitimate rights and interests of citizens.

The fifth chapter supplementary articles 21st a citizen to apply, renew, a replacement identity card shall pay the certificate fee.

ID card fee standards, approved by the Department in charge of price under the State Council in conjunction with the financial sector. Recipients of the minimum living standard security in the city residents and rural residents with special difficulties, at the time of its initial application for and renewal of identity cards, free of charge. For residents of other life difficulties, at the time of its initial application for and changing the identity, you can reduce cost.

Free and reduced cost of specific measures by the financial departments of the State Council Department in charge of price under the State Council.

ID card fee charged by the public security organs, all turned over to the State Treasury.

The 22nd active people's Liberation Army soldiers and the people's armed police specific measures for application for and issuance of identity cards, shall be separately prescribed by the State Council and the Central Military Commission.

23rd article this law shall enter into force on January 1, 2004, People's Republic of China resident identity card Ordinance be repealed simultaneously. In accordance with the People's Republic of China resident identity card may receive under the regulations of the identity card, with effect from January 1, 2013 to stop using.

Prior to January 1, 2012 and receive identity cards in accordance with this law, in its period of validity, continue to be valid. After the State decided to issue a new generation of identity cards, stop use of the original identity card date decided by the State Council.