Decree No.4 of the President of the People's Republic of China
"People's Republic of China (PRC) National Identity Card Law" was adopted by the third meeting of the 10th NPC Standing Committee in People's Republic of China (PRC) on June 28th, 2003, and is hereby promulgated and shall come into force on June 28th, 2004.
Hu Jintao, President of People's Republic of China (PRC)
June 28(th), 2003
People's Republic of China (PRC) Identity Card Law
(Adopted at the Third Session of the Standing Committee of the Tenth NPC on June 28th, 2003)
catalogue
Chapter I General Principles
Chapter II Application and Issuance
Chapter III Use and Inspection
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Principles
Article 1 This Law is formulated for the purpose of proving the identity of citizens living in People's Republic of China (PRC), safeguarding their legitimate rights and interests, facilitating their social activities and maintaining social order.
Article 2 China citizens who have reached the age of 16 and live in People's Republic of China (PRC) shall apply for resident identity cards in accordance with the provisions of this Law; China citizens under the age of 16 may apply for resident identity cards in accordance with the provisions of this Law.
Article 3 The registration items of resident identity cards include: name, gender, nationality, date of birth, permanent residence, citizenship number, personal photo, certificate validity period and issuing authority.
Citizenship number is a unique and life-long identity code for every citizen, which is compiled by public security organs according to the national standard of citizenship number.
Article 4 Resident identity cards shall use standardized Chinese characters and digital symbols that meet national standards.
The organs of self-government of ethnic autonomous areas may, according to the local actual situation, decide to use the written language of the ethnic group exercising regional autonomy or choose the written language commonly used in the local area as the content registered in Chinese on the resident identity card.
Article 5 The validity period of resident identity cards of citizens over the age of 16 is divided into ten years, twenty years and long term. Sixteen to twenty-five years old, issued a resident identity card valid for ten years; Twenty-six to forty-five years old, issued a valid identity card for twenty years; Those over 46 years old will be issued with long-term valid identity cards.
Citizens under the age of sixteen who voluntarily apply for a resident identity card shall be issued a resident identity card valid for five years.
Article 6 The pattern of resident identity cards shall be formulated by the public security department of the State Council. Resident identity cards are uniformly produced and issued by public security organs.
The resident ID card has two functions: visual reading and machine reading. The contents of visual inspection and machine reading are limited to the items specified in the first paragraph of Article 3 of this Law.
The public security organ and its people's police shall keep confidential the personal information of citizens known in the production, distribution, inspection and seizure of resident identity cards.
Chapter II Application and Issuance
Article 7 A citizen shall, within three months from the date of reaching the age of 16, apply to the public security organ where his permanent residence is located for a resident identity card.
Citizens under the age of 16 shall apply for resident identity cards by guardians.
Article 8 A resident identity card shall be issued by the public security organ of the people's government at the county level where the resident's permanent residence is located.
Article 9 Hong Kong compatriots, Macao compatriots and Taiwan Province compatriots who have settled in the Mainland, overseas Chinese who have returned to China to settle down, foreigners and stateless persons who have settled in People's Republic of China (PRC) and have been approved to join or restore People's Republic of China (PRC) nationality shall apply for resident identity cards in accordance with the provisions of this Law when registering their permanent residence.
Article 10 To apply for a resident identity card, a registration form for applying for a resident identity card shall be filled in and a residence booklet submitted for examination.
Article 11 If the resident identity card expires, the citizen's name changes or the certificate is damaged beyond recognition, it shall apply for a replacement; If there are errors in the registration of resident identity cards, the public security organ shall promptly correct them and issue a new card; When you get a new card, you must return the original card. If a resident identity card is lost, it shall apply for a replacement.
Citizens under the age of 16 may apply for renewal, renewal or replacement of their resident identity cards under any of the circumstances listed in the preceding paragraph.
When a citizen goes through the formalities of permanent residence transfer, the public security organ shall record the change of the address of the permanent residence of the citizen in the machine-readable item of the resident ID card and inform it.
Twelfth citizens to apply for identity cards, public security organs should be handled in a timely manner in accordance with the provisions. The public security organ shall issue resident identity cards within 60 days from the date when citizens submit the registration form of resident identity cards; In areas with inconvenient transportation, the processing time may be appropriately extended, but the extension time shall not exceed thirty days.
Citizens who urgently need to use their resident identity cards during the application, renewal and replacement of their resident identity cards may apply for temporary resident identity cards, and the public security organs shall handle them in a timely manner in accordance with regulations. The specific measures shall be formulated by the public security department of the State Council.
Chapter III Use and Inspection
Thirteenth citizens engaged in related activities, need to prove their identity, have the right to use the identity card to prove their identity, the relevant units and their staff shall not refuse.
Fourteenth in any of the following circumstances, citizens should show their identity cards to prove their identity:
(a) the registered items of permanent residence have changed;
(2) military service registration;
(3) Marriage registration and adoption registration;
(4) Going through exit formalities;
(5) Other circumstances in which it is necessary to prove identity with a resident ID card as stipulated by laws and administrative regulations.
A citizen who has not obtained a resident identity card in accordance with the provisions of this Law may, when engaging in the relevant activities specified in the preceding paragraph, use other means of proof that meet the requirements of the state to prove his identity.
Fifteenth people's police perform their duties according to law, under any of the following circumstances, when they produce their law enforcement certificates, they can check their identity cards:
(1) It is necessary to ascertain the identity of the criminal suspect;
(two) when implementing on-site control according to law, it is necessary to find out the identity of the relevant personnel;
(3) It is necessary to find out the identity of the relevant personnel at the scene in case of an emergency that seriously endangers social order;
(four) other circumstances that need to be identified by law.
In any of the circumstances listed in the preceding paragraph, if the people's police refuse to examine the resident identity card, they shall take measures to deal with it in accordance with relevant laws and regulations.
No organization or individual may detain a resident identity card. However, unless the public security organ executes the compulsory measures of residential surveillance in accordance with the Criminal Procedure Law of People's Republic of China (PRC).
Chapter IV Legal Liability
Sixteenth one of the following acts, given a warning by the public security organs, and impose a fine in 200 yuan, illegal income, confiscate the illegal income:
(a) using false certification materials to defraud the resident identity card;
(2) Renting, lending or transferring a resident identity card;
(3) illegally detaining another person's identity card.
Seventeenth one of the following acts, by the public security organs fined two hundred yuan to one thousand yuan, or detained for ten days, illegal income, confiscate the illegal income:
(a) using another person's identity card or using a forged identity card;
(2) buying, selling or using forged or altered identity cards.
Forged or altered identity cards and fraudulent identity cards shall be confiscated by public security organs.
Article 18 Whoever forges or alters a resident identity card shall be investigated for criminal responsibility according to law.
Whoever commits any of the acts listed in Articles 16 and 17 of this Law and commits criminal activities shall be investigated for criminal responsibility according to law.
Nineteenth people's police have one of the following acts, according to the seriousness of the case, be given administrative sanctions; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) taking advantage of the convenience of making, issuing and checking resident identity cards to accept other people's property or seek other benefits;
(2) illegally changing the citizen's identity number, or posting information on the resident's identity card other than the matters specified in the first paragraph of Article 3 of this Law, or deliberately posting false information;
(3) Failing to issue resident identity cards within the statutory time limit without justifiable reasons;
(four) in violation of the provisions of the inspection, seizure of identity cards, against the legitimate rights and interests of citizens;
(five) the disclosure of personal information of citizens obtained by making, distributing, inspecting and detaining resident identity cards, which infringes upon the legitimate rights and interests of citizens.
Chapter V Supplementary Provisions
Twentieth citizens to apply for, replacement, replacement of identity cards, should pay the certificate fee. The charging standard for resident ID cards shall be approved by the competent price department of the State Council in conjunction with the financial department of the State Council.
Residents who receive the urban minimum living allowance and those living in rural areas with special difficulties will be exempted from the fee when applying for and renewing their identity cards for the first time. For other residents who have real difficulties in life, when applying for and renewing their identity cards for the first time, the fees may be reduced or exempted. The specific measures for fee reduction and exemption shall be formulated by the finance department of the State Council in conjunction with the price department of the State Council.
The cost of the resident ID card collected by the public security organ shall be turned over to the state treasury.
Twenty-first China People's Liberation Army and People's Armed Police servicemen apply for and issue resident identity cards, and the specific measures shall be formulated separately by the State Council and the Central Military Commission.
Article 22 This Law shall come into force as of June 5438+0, 2004, and the Regulations of People's Republic of China (PRC) on National Identity Cards shall be abolished at the same time.
Resident identity cards obtained in accordance with the Regulations of the People's Republic of China on Resident Identity Cards shall remain valid within the validity period until they are renewed in accordance with this Law. The specific measures for the renewal of resident identity cards shall be formulated by the State Council.