(Adopted at the 21st Session of the Standing Committee of the Tenth NPC on April 29th, 2006)
Article 1 This Law is formulated for the purpose of regulating the application, issuance and administration of China citizens' passports, safeguarding the rights and interests of China citizens and promoting foreign exchanges.
Article 2 The passport of the People's Republic of China is a document for People's Republic of China (PRC) citizens to enter or leave the country and prove their nationality and identity abroad.
No organization or individual may forge, alter, transfer, intentionally damage or illegally detain passports.
Article 3 Passports are divided into ordinary passports, diplomatic passports and official passports.
Passports are recommended by the Ministry of Foreign Affairs to foreign governments through diplomatic channels.
Article 4 Ordinary passports shall be issued by the exit-entry administration department of the Ministry of Public Security or the exit-entry administration department of the public security organ of the local people's government at or above the county level entrusted by the Ministry of Public Security, as well as by China embassies and consulates abroad and other foreign institutions entrusted by the Ministry of Foreign Affairs.
Diplomatic passports are issued by the Ministry of Foreign Affairs.
Official passports are issued by the Ministry of Foreign Affairs, the people of China, China's embassies and consulates abroad or other overseas institutions entrusted by the Ministry of Foreign Affairs, and the foreign affairs departments of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities with districts entrusted by the Ministry of Foreign Affairs.
Article 5 Citizens who go abroad for non-official reasons, such as settling in a foreign country, visiting relatives, studying, obtaining employment, traveling, engaging in business activities, etc., shall apply for an ordinary passport to the exit-entry administration organ of the public security organ of the local people's government at or above the county level where their household registration is located.
Article 6 When applying for an ordinary passport, citizens shall submit their identity cards, household registration books, recent bareheaded photos and relevant materials explaining the reasons for their application. State functionaries who leave the country to apply for an ordinary passport for reasons specified in Article 5 of this Law shall also submit relevant supporting documents in accordance with relevant state regulations.
The exit-entry administrative organ of the public security organ shall issue an ordinary passport within fifteen days from the date of receiving the application materials; Do not meet the conditions, it shall explain the reasons in writing, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
In remote areas or areas with inconvenient transportation or due to special circumstances, passports cannot be issued on schedule, and the issuance time can be extended to 30 days with the approval of the person in charge of the passport issuing organ.
If a citizen requests emergency treatment due to a reasonable emergency, the exit-entry administration organ of the public security organ shall handle it in time.
Article 7 The registration items of an ordinary passport include: the name, gender, date and place of birth of the passport holder, date of issuance, period of validity, place of issuance and issuing authority of the passport.
The validity period of ordinary passports is: five years for passport holders under the age of 16 and ten years for those over the age of 16.
The specific measures for issuing ordinary passports shall be formulated by the Ministry of Public Security.
Article 8 Diplomatic officers, consular officers and their accompanying spouses, minor children and diplomatic envoys shall hold diplomatic passports.
Employees sent by the China government working in China's embassies and consulates abroad or the United Nations and its specialized agencies and other intergovernmental international organizations, their accompanying spouses and minor children hold official passports.
Where citizens other than those mentioned in the preceding two paragraphs go abroad to perform official duties, their work units shall apply to the diplomatic department in accordance with the provisions of paragraphs 2 and 3 of Article 4 of this Law, and the diplomatic department shall issue diplomatic passports or official passports in accordance with the provisions.
Article 9 The registration items of diplomatic passports and official passports include: the name, gender, date and place of birth of the passport holder, date of issuance, period of validity and issuing authority of the passport.
The scope, methods, validity and specific categories of diplomatic passports and official passports shall be stipulated by the Ministry of Foreign Affairs.
Article 10 When the registered items of passports held by passport holders are changed, they shall apply to the passport issuing authority for passport change and filling with relevant supporting materials.
Article 11 Under any of the following circumstances, a passport holder may apply for a new or reissued passport in accordance with regulations:
(1) The passport is about to expire;
(2) The passport visa page is about to run out;
(3) The passport is damaged and cannot be used;
(4) The passport is lost or stolen;
(5) Other circumstances in which a passport needs to be renewed.
Passport holders applying for renewal or replacement of ordinary passports shall submit their applications to the exit-entry administration department of the public security organ of the local people's government at or above the county level where their household registration is located; In foreign countries, I will submit it to the people of China, China's embassies and consulates abroad or other overseas institutions entrusted by the Ministry of Foreign Affairs. After returning to China, China citizens who have settled abroad apply for renewal or replacement of ordinary passports, which shall be submitted by themselves to the exit-entry administration department of the public security organ of the local people's government at or above the county level.
The renewal or replacement of diplomatic passports and official passports shall be handled in accordance with the relevant regulations of the Ministry of Foreign Affairs.
Article 12 Passports have two functions: visual inspection and machine reading.
The anti-counterfeiting performance of passports is formulated with reference to international technical standards.
Passport issuing organs and their staff members shall keep confidential the personal information of citizens they know because of issuing passports.
Thirteenth the applicant has one of the following circumstances, the passport issuing organ shall not issue a passport:
(a) does not have the nationality of People's Republic of China (PRC);
(two) unable to prove identity;
(3) practicing fraud in the application process;
(4) Being sentenced to a penalty and serving a sentence;
(five) the people's court informed that there are unresolved civil cases that cannot leave the country;
(6) Being a defendant or criminal suspect in a criminal case;
(seven) the relevant competent departments of the State Council believe that leaving the country will cause harm to national security or cause great losses to national interests.
Article 14 Under any of the following circumstances, the passport issuing organ shall not issue a passport within six months to three years from the date of completion of punishment or repatriation of the applicant:
(1) Being subject to criminal punishment for obstructing the administration of the national (border) territory;
(2) Being repatriated to China because of illegal exit, illegal residence or illegal employment.
Article 15 People's courts, people's procuratorates, public security organs, state security organs and administrative supervision organs may seize the passports of the parties concerned according to law.
If a party refuses to hand over his passport, the state organ specified in the preceding paragraph may request the passport issuing organ to declare the passport of the party invalid.
Article 16 If a passport holder loses his People's Republic of China (PRC) nationality, or his passport is lost or stolen, the passport issuing authority shall declare his passport invalid.
Passports forged, altered, defrauded or declared invalid by the issuing authority are invalid.
Article 17 Where a passport is obtained by deception, the passport issuing organ shall confiscate the passport or declare it invalid; By the public security organs at more than two thousand yuan to five thousand yuan fine; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 18 Whoever provides forged or altered passports for others or sells passports shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, the public security organ shall confiscate the illegal income, detain it for more than ten days and less than fifteen days, and impose a fine of more than two thousand yuan and less than five thousand yuan; Illegal passports and their printing equipment shall be confiscated by public security organs.
Article 19 Whoever enters or exits the country with forged or altered passports or fraudulently uses other people's passports shall be punished by the public security organs in accordance with the laws and regulations on exit and entry management; Illegal passports shall be confiscated by public security organs.
Twentieth passport issuing agency staff in the process of handling passports have one of the following acts, shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) should be accepted but not accepted;
(two) without justifiable reasons, not issued within the statutory time limit;
(3) charging fees beyond the standards set by the state;
(4) Soliciting or accepting bribes from the applicant;
(five) the disclosure of personal information of citizens known by issuing passports infringes upon the legitimate rights and interests of citizens;
(six) other acts of abuse of power, dereliction of duty, favoritism.
Article 21 Ordinary passports shall be designed and supervised by the Ministry of Public Security. Diplomatic passports and official passports are designed and supervised by the Ministry of Foreign Affairs.
Twenty-second passport issuing agencies can charge fees for passport making and filling. The collected fees and filling fees shall be turned over to the state treasury.
The standard of passport fee and filling fee shall be stipulated and published by the competent price department of the State Council in conjunction with the finance department of the State Council.
Twenty-third citizens who have gone abroad for a short period of time cannot use their passports abroad because their passports are lost, stolen or damaged, they should apply for a travel permit of the People's Republic of China to the China embassy or consulate abroad or other overseas institutions entrusted by the Ministry of Foreign Affairs.
Twenty-fourth citizens engaged in border trade, border tourism services or participating in border tourism may apply to the entry-exit management agencies of public security organs of local people's governments at or above the county level entrusted by the Ministry of Public Security for People's Republic of China (PRC) entry-exit permits.
Article 25 Citizens who enter or leave the country as seafarers and work on ships of foreign nationality shall apply to the maritime administrative agency entrusted by the Ministry of Communications for a seaman's certificate of the People's Republic of China.
Article 26 This Law shall come into force as of June 5, 2007. Passports issued before the implementation of this law shall remain valid within the validity period. (