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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II APPLICATION AND ISSUANCE CHAPTER III USE AND CHECK CHAPTER IV LEGAL LIABILITIES CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Law is formulated in order to certify the identity of the citizens who reside within the People's Republic of China, to guarantee their legal rights and interests, facilitate their carrying-out of social activities and to safeguard the social order. Article 2. Any Chinese citizens who are 16 years old or older, and who reside within the People's Republic of China shall apply for the identity card; those under 16 years old may apply for it in accordance with the present Law. Article 3. The name, sex, nationality, date of birth, permanent domicile, number the identity card, photograph of the citizen himself (herself), the card's valid term and the issuing organ shall be registered on the identity card of that citizen. The identity card number of each citizen is his (her) unique and life-long identity code, which shall be given by the public security organs according to the state's standards on the identity card of residents. Article 4. The identity card shall be filled out in standard Chinese Characters and in the number in conformity with the standards of the state. The autonomous organ of an autonomous minority nationality area may decide to use the characters of the minority nationality of this autonomous area or one of the universal characters of the area in filling out the registration items of identity card simultaneously. Article 5. The valid terms of the identity cards of the residents more than 16 years old shall be ten years, twenty years or long term. The identity cards with ten-year valid term shall be issued to the 16-25 years old citizens; those with twenty-year valid term shall be issued to the 20-45 years old citizens; and those with long-term validity shall be issued to the citizens more than 46 years old. Where a citizen under the age of 16 applies for the identity card, he (she) shall be issued an identity card with 5-year valid term. Article 6. The pattern of the identity cards of residents shall be formulated by the department of public security of the State Council. The identity cards of residents shall be uniformly made and issued by the public security organs. The identity cards have two functions ¨C sight read and machine read, of which the content is limited to the items prescribed in Paragraph (1) of Article 3 of the present Law. The personal information of the citizens learnt of by the public security organs and the people's policemen in the course of making, issuing, checking and detaining of the identity cards shall be kept confidential. CHAPTER II APPLICATION AND ISSUANCE Article 7. Any citizen shall file an application to the public security organ where his (her) permanent residence is located for the identity card within 3 months as of he (she) is up to16 years old. Those under the age of 16 may apply for the identity card via their guardians. Article 8. The identity card shall be issued by the public security organ at (above) the county level where the permanent residence of the citizen is located. Article 9. For the compatriots of Hong Kong, Macao and Taiwan who move to settle in the Mainland, the overseas Chinese who return to settle in the homeland, and the foreigners and stateless persons who want to settle within the People's Republic of China and have been ratified of joining in or restoring the nationality of the People's Republic of China, when making the registration of permanent residence, each shall file an application for the identity card of residents in accordance the present Law. Article 10. An applicant shall fill in the Identity Card Application Registration Form and submit the residence booklet for examination when applying for an identity card. Article 11. If under the circumstances that the valid term of an identity card expires, the citizen's name has changed, or the card is undistinguishable because of a serious damage, a new identity card shall be applied for; where any of the registered items of an identity card is erroneous, the public security organ shall correct it in time and issue a new card; and the old card shall be returned to the public security organ when a new card is issued. Anyone whose identity card is lost shall file an application for a new card. For a citizen under the age of 16 who is under any of the circumstances mentioned in the preceding paragraph, he (she) may file an application for a new card. When a citizen goes through the procedures for change of permanent residence, the public security organ shall record the information of the changes of the address of the citizen's permanent residence in the identity card's machine-read items, and inform the citizen himself (herself) of it. Article 12. An application for obtaining, changing the identity card, or obtaining an other identity card when his original one is lost, filed by a citizen shall be handled by the public organs in accordance with the relevant requirements. The public organ shall issue the identity card within 60 days of the acceptance of the Identity Card Application Registration Form submitted by the citizen. For the regions where the communication is underdeveloped, the handling time may be appropriately extended, but the extension shall not exceed 30 days. For a citizen who needs to use the identity card urgently in the course of application, it may file an application for a temporary identity card, which shall be timely handled by the public security organ in accordance with the relevant requirements. The specific measures shall be formulated by the public security department of the State Council. CHAPTER III USE AND CHECK Article 13. Where a citizen needs to prove his (her) identity for engaging in relevant activities, he (she) shall be entitled to use the identity card to prove his (her) identity, which shall not be refused by any entity and its staff members. Article 14. A citizen shall present the identity card to prove his (her) identity under any of the following circumstances: (1) Changing the registered items of the permanent residence; (2) Military service registration; (3) Marriage registration and adoption registration; (4) Applying for handling the exit formalities; or (5) The other circumstances provided for by the laws and administrative regulations that the citizen shall use the identity card to prove his (her) identity. In accordance with the present Law, those fail to obtain the identity card may use other methods conforming to the requirements of the state to prove their identity when engaging in the relevant activities mentioned in the preceding paragraph. Article 15. Where a policeman encounters any of the following circumstances in performing his duties in accordance with the law, he may check the identity cards after presenting his certificate for executing the law: (1) When it is necessary to find out the identity of the suspected offenders and criminals; (2) When it is necessary to fine out the identity of the relevant persons when controlling a spot in accordance with the law; (3) When it is necessary to fine out the identity of the relevant person on the spot when an emergent event that seriously endangers the social security happens; or (4) Other circumstances under which it is necessary to find out the identity of certain person provided for by the law. Under any of the above-mentioned circumstances, those who refuse the check of identity card by the policemen shall be dealt with in accordance with the relevant requirements of the law, while taking their different situations into account. No organization or individual may detain the identity card of the residents, excluding when a police security organ is executing supervision of residence in accordance with the Criminal Procedural Law of the People's Republic of China. CHAPTER IV LEGAL LIABILITIES Article 16. Anyone who conducts any of the following acts shall be given a warning by the public security organ, and shall be imposed upon a fine of less than 200 yuan; if there are illegal gains, the illegal gains shall be confiscated: (1) Using false evidential materials to obtain an identity card; (2) Leasing, lending and transferring an identity card; or (3) Detaining the identity card of others. Article 17. Anyone who conducts any of the following acts shall be imposed upon a fine of more than 200 yuan, and less than 1,000 yuan, or shall be detained for less than 10 days; if there are illegal gains, the illegal gains shall be confiscated: (1) Using the identity card of another person or the one obtained by means of cheat; or (2) Purchasing, selling, using counterfeit or altered identity card. The counterfeit, altered identity cards and those obtained by means of cheat shall be taken over by the public security organs. Article 18. Those counterfeit or alter the identity card shall be prosecuted for criminal responsibilities in accordance with the law. Anyone who conducts any of the acts mentioned in Articles 16 and 17 in criminal activities shall be prosecuted for criminal responsibilities. Article 19. A policeman who has any of the following acts shall be given an administrative sanction in accordance with the law according to the circumstances; if a crime is constituted, he shall be prosecuted for criminal responsibilities: (1) Accepting the properties of others or seeking for other interests by making use of the advantages of making, issuing and checking of identity cards; (2) Modifying the number of an identity card, or recording information on an identity card the items other than those prescribed in Article 3 (1) of the present Law or intentionally recording false information; (3) Failing to issue an identity card within the prescribed time limit without reasonable ground; (4) Infringing upon the legal rights and interests of the citizens to check and detain the identity cards in violation of the requirements of the law; or (5) Infringing upon the legal rights and interests of the citizens to disclose the personal information of the citizens learnt of in the course of the making, issuing, checking, and detaining of the identity cards. CHAPTER V SUPPLEMENTARY PROVISIONS Article 20. A citizen shall pay the production cost of the identity card when he (she) files an application for it. The standard for the production cost of the identity card shall be determined by the administrative department of price of the State Council jointly with the finance department of the State Council. For the urban residents who depend on the minimum living allowances and the rural residents with special living difficulties, their initial application for obtaining and changing the identity cards shall be free of charge. For other residents with actual living difficulties, they may pay a deducted production cost for their initial application for obtaining and changing the identity card. The specific measures for the exemption and deduction of the production cost of the identity cards shall be formulated by the finance department of the State Council jointly with the administrative department of price of the State Council. All the fees charged by the public security organs for the identity cards of residents shall be turned over to the state treasury. Article 21. The specific measures for the application and issuance of the identity cards concerning the military personnel of the people's liberation army in active service and the people's policemen shall be separately formulated by the State Council and the Central Military Committee. Article 22. The present Law shall be implemented as of January 1, 2004 and the Regulation of the People's Republic of China on Identity Card shall be abolished at the same time. For the identity cards obtained in accordance with the Regulation of the People's Republic of China on Identity Card, before changing the identity cards in accordance with the present Law, those in valid term shall remain valid. The specific measures for changing the identity cards shall be formulated by the State Council. |
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