Laws of the People's Republic of China
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OF THE PEOPLE'S REPUBLIC OF CHINA
CONCERNING RESIDENT IDENTITY CARDS
at the 12th Meeting of the Standing Committee of the
Sixth National People's Congress, promulgated for implementation by
Order No. 29 of the President of the People's Republic of China on
September 6, 1985, and effective as of September 6, 1985)
SUBJECT: PUBLIC SECURITY
ISSUING-DEPT: STANDING COMMITTEE OF PEOPLE'S CONGRESS
LENGTH: 1101 words
[Article 1] These Regulations are formulated in order to prove the identity of residents, facilitate citizens' social activities, maintain public order and guarantee citizens' lawful rights and interests.
[Article 2] Chinese citizens who have reached the age of 16 and who reside in the People's republic of China shall obtain by application a resident identity card of the People's Republic of China in accordance with the provisions of these Regulations.
Soldiers of the People's Liberation Army and members of the People's Armed Police Force who are in active service shall dispense with resident identity cards; instead they shall have servicemen's identity cards or armed policemen's identity cards issued to them respectively by the Central Military Commission of the People's Republic of China and the General Headquarters of the Chinese People's Armed Police Force.
[Article 3] The items to be registered in a resident identity card shall include name, sex, nationality, birth date and address.
These items shall be
registered in the standard language used throughout the country.
In a national autonomous area, the organ exercising autonomy may decide to use at the same time the language of the minority nationality concerned or to choose one of the languages commonly used in the area, depending on the specific local condition.
[Article 4] There are three different terms of validity of resident identity cards: 10 years, 20 years and an indefinite number of years. Those in the 16 to 25 age bracket shall be issued resident identity cards valid for 10 years; those in the 26 to 45 age bracket shall be issued resident identity cards valid for 20 years; and those who are over 46 shall be issued resident identity cards valid indefinitely.
[Article 5] Public security organs shall be responsible for the printing issuance and control of resident identity cards.
[Article 6] Citizens shall apply for resident identity cards from the residence registration organs at the places where their permanent residence is registered, and shall go throguh the prescribed procedures for applying for and obtaining such cards.
[Article 7] An overseas Chinese who returns to China for permanent residence shall, when going through the formalities of residence registration, apply for a resident identity card.
[Article 8] When the term of validity of a resident identity card has expired, or the items registered in it need to be modified or corrected, or the card has been so seriously damaged that what is registered becomes illegible, the bearer shall report the matter and apply for a new card according to the relevant provisions; those who have lost their identity cards shall report the loss and apply for new ones.
[Article 9] Citizens who are enlisted in active service shall hand in their resident identity cards when going through the formalities to cancel their resident registration; when they retire from active service, they shall have their resident identity cards back or apply for new ones.
[Article 10] If persons who are sentenced to criminal detention, fixed term imprisonment or more severe punishment or who are undergoing rehabilitation through labour, as well as those who are held in custody, have not yet applied for resident identity cards, they shall not be issued such cards during the period when they are serving their sentences, undergoing rehabilitation through labour, or are held in custody; those who have already obtained their resident identity cards shall, according to stipulations, be divested of their cards by the executing organs. All these persons shall, upon their release or termination of rehabilitation through labour, apply for resident identity cards or get their original ones back.
[Article 11] Citizens leaving the country who are required to cancel their residence registration shall hand in their resident identity cards when going through formalities for such cancellation.
[Article 12] When a citizen dies, the public security organ shall revoke his or her resident identity card.
[Article 13] When performing
its duties, the public security organ shall have the power to examine
citizen's resident identity card, and the citizen shall not refuse
to be examined.
When on-duty public security personnel examine citizens' resident identity cards, they shall produce their own service cards. The public security organ shall not withhold a citizen's resident identity card except for a person who is subject to coercive measures under the Criminal Procedure Law of the People's Republic of China.
[Article 14] When handling matters involving their political and economic rights and interests as well as their rights and interests in social life, citizens may produce their resident identity cards to prove their identities. The relevant units may not withhold their resident identity cards or demand to take them as security.
[Article 15] Those who come under one of the following categories shall be penalized in accordance with relevant provisions of the Regulations of the People's republic of China Concerning Security Control and Punishment:
(1) Those who refuse examination of their resident identity cards by a public security organ;
(2) Those who transfer or loan their resident identity cards to others;
(3) Those who use resident identity cards other than their own; and
(4) Those who wilfully damage others' resident identity cards.
[Article 16] Whoever forges, falsifies or steals a resident identity card, if the circumstances are serious, shall be penalized according to Article 167 of the Criminal Law of the People's Republic of China.
[Article 17] Personnel of the public security organs who engage in malpractices for the benefit of their friends or infringe on citizens' lawful rights and interests while enforcing these Regulations shall be subject to administrative sanctions. If the circumstances of their cases are serious enough to constitute criminal offenses, criminal responsibility shall be investigated in accordance with the law.
[Article 18] These Regulations shall not apply to aliens and stateless persons who reside in the People's Republic of China.
[Article 19] Rules for the implementation of these Regulations shall be formulated by the Ministry of Public Security and put into effect after being submitted to and approved by the State Council.
[article 20] These Regulations shall go into effect on the day of their promulation.