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    People's Republic Of China Passport Law

    2009/5/19 16:27:00 42084

    Article 1 this law is formulated for the purpose of regulating the application, issuance and management of People's Republic of China passports, protecting the rights and interests of citizens of People's Republic of China entering and leaving People's Republic of China, and promoting foreign exchanges.

    The second People's Republic of China passport is a certificate that People's Republic of China citizens enter and leave the country and prove their nationality and identity abroad.


    No organization or individual may forge, alter, pfer, intentionally destroy or illegally seize passports.

    The third passports are classified as ordinary passports, diplomatic passports and official passports.


    The passport is recommended by foreign ministry to foreign governments through diplomatic channels.

    Fourth ordinary passports are issued by the exit Entry Administration Department of the Ministry of public security or the entry-exit administrative organs of the public security organs of the local people's governments at or above the county level, as well as other embassies and consulates stationed in People's Republic of China, and other overseas agencies 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, embassies and consulates of the People's Republic of China, embassies and consulates abroad, and other foreign agencies entrusted by the Ministry of foreign affairs, and the foreign affairs departments of provinces, autonomous regions, municipalities directly under the central government and municipal people's governments entrusted by the Ministry of foreign affairs.

    Fifth citizens who go abroad to settle abroad, visit relatives, study, employment, travel, engage in business activities and other non official reasons for going abroad shall apply for ordinary passports to the exit entry administration organs of the public security organs of the local people's governments at or above the county level where their domicile is located.

    Sixth citizens applying for ordinary passports should submit their identity cards, residence booklet, recent photo of bareheaded photos and related materials for application.

    If a state worker applies for an ordinary passport abroad for reasons specified in the fifth provision of this law, he shall submit relevant supporting documents in accordance with the relevant provisions of the state.


    The exit entry administration organ of the public security organ shall issue an ordinary passport within fifteen days from the date of receipt of the application materials; if it fails to issue a non compliant rule, it shall give reasons in writing, and inform the applicant of the right to apply for administrative reconsideration or to initiate administrative proceedings according to law.


    In remote areas or areas with inconvenient pportation or due to special circumstances, a passport can not be issued on time, and the time limit for issuing the passport can be extended to thirty days upon approval by the person in charge of the passport issuing organ.


    If a citizen requests urgent action due to a reasonable emergency, the exit entry administration organ of the public security organ shall handle it in a timely manner.

    The registration items of seventh ordinary passports include: Passport Holder's name, sex, date of birth, place of birth, date of issue, validity period, place of issue and issuing organ.


    The validity period of ordinary passports is: five years for passport holders under sixteen years of age, and ten years for people over sixteen years of age.


    The specific issuance method of ordinary passports shall be prescribed by the Ministry of public security.

    Eighth diplomatic officers, consular officers and their accompanying spouses, underage children and diplomatic couriers hold diplomatic passports.


    Staff members of the Chinese government and their accompanying spouses and minor children who work in embassies and consulates stationed in People's Republic of China, or the United Nations, the specialized agencies of the United Nations and other intergovernmental international organizations are required to hold official passports.


    The citizens who go abroad to perform their duties outside the provisions of the preceding two paragraphs shall apply to the diplomatic department according to the provisions of the fourth, second and third sections of this law, and the diplomatic department shall issue diplomatic passports or official passports as required.

    The ninth items of diplomatic passports and official passports are: Passport Holder's name, sex, date of birth, place of birth, date of issue, validity period and issuing organ.


    The issuing scope, issuing method, validity period and the specific categories of official passports of diplomatic passports and official passports shall be stipulated by the Ministry of foreign affairs.

    When the registration items of the tenth passports holders are changed, they shall apply to the passport issuing authorities for the change and annotation of their passports with relevant supporting materials.

    Eleventh in any of the following circumstances, passport holders may apply for renewal or replacement of passports in accordance with the regulations.


    (1) the validity period of the passport is about to expire;


    (two) passport visa page is about to be used.


    (three) passport damage can not be used;


    (four) passport lost or stolen;


    (five) other circumstances where there is a justification for changing or reissuing passports.


    Passport holders apply for renewal or replacement of ordinary passports. In the country, I shall submit to the exit and entry administration organs of the public security organs of the local people's governments at or above the county level where the domicile is located; from abroad, I shall submit them to other embassies and consulates stationed abroad in People's Republic of China or other foreign affairs agencies entrusted by the Ministry of foreign affairs.

    After returning to China to apply for a renewal or reissue of an ordinary passport, a Chinese citizen who settles abroad shall lodge a proposal with the exit entry administration organ of the public security organ of the local people's government at or above the county level.


    The issuance or replacement of diplomatic passports and official passports shall be handled in accordance with the relevant provisions of the Ministry of foreign affairs.

    The twelfth passports have two functions: visual reading and machine reading.


    The anti-counterfeiting performance of passports is formulated according to international technical standards.


    The passport issuing organ and its staff members shall keep confidential personal information known to citizens for making or issuing passports.

    Thirteenth if the applicant has one of the following circumstances, the passport issuing authority shall not issue passports:


    (1) not having the nationality of the People's Republic of China;


    (two) unable to prove identity;


    (three) falsifying the application process;


    (four) sentenced to be serving a sentence.


    (five) the people's court shall notify the unsettled civil cases that they can not leave the country.


    (six) a defendant or a criminal suspect in a criminal case;


    (seven) the competent departments of the State Council believe that after leaving the country, they will cause harm to national security or cause serious losses to national interests.

    Fourteenth in case of any of the following circumstances, the passport issuing authority shall not issue a passport within six to three years from the date when the execution of the penalty is completed or the date of being repatriated.


    (1) criminal penalties for the management of nuisance countries;


    (two) being repatriated for illegal exit, illegal residence and illegal employment.

    The fifteenth people's courts, people's procuratorates, public security organs, state security organs, and administrative supervision organs may seize the passports of the parties involved in cases according to law.


    If a case concerned refuses to hand over a passport, the state organ specified in the preceding paragraph may bring the passport issuing organ to announce the cancellation of the passport of the party concerned.

    Sixteenth passport holders lose their nationality in People's Republic of China, or lose or steal their passports. The passport issuing authority declares that the passport is invalid.

    A passport that has been forged, altered, swindled or declared invalid by the issuing organ shall be invalid.

    The seventeenth one who defraudes a passport by fraud is to collect a passport or declare a passport to be cancelled by the passport issuing authority; the public security organ shall be fined more than two thousand yuan or five thousand yuan; if a crime is constituted, the criminal responsibility shall be investigated according to law.

    The eighteenth provision of forged or altered passports for others, or the sale of passports, shall be investigated for criminal responsibility according to law; if the criminal punishment is not enough, the public security organs shall confiscate the illegal gains, and detain them for more than ten days or less than fifteen days, and impose a fine of not less than two thousand yuan or five thousand yuan, and the illegal passports and their printing equipment shall be collected by the public security organs.

    Nineteenth, if a passport is counterfeit or altered, or a passport or other passport is used to enter or leave the country (border), the public security organ shall be punished according to the law of exit and entry administration, and the illegal passport shall be collected by the public security organ.

    Twentieth staff members of a passport issuing organ shall be given disciplinary sanction in accordance with the law if they commit any of the following acts in the process of handling passports; if they constitute a crime, they shall be investigated for criminal responsibility according to law.


    (1) it should be accepted but not accepted.


    (two) no legal reasons are not issued within the statutory time limit;


    (three) collecting fees beyond the standards stipulated by the state;


    (four) obtaining or accepting bribes from applicants;


    (five) disclose personal information of citizens who are known for making or issuing passports and infringe upon the legitimate rights and interests of citizens;


    (six) other acts of abuse of power, dereliction of duty and favoritism.

    Twenty-first ordinary passports are prescribed and supervised by the Ministry of public security; diplomatic passports and official passports are prescribed and supervised by the Ministry of foreign affairs.

    The twenty-second passport issuing authorities can collect the cost and charge of passports.

    The work cost and the charging fee collected are turned over to the state treasury.


    The standard of passport cost and filling fee shall be stipulated and promulgated by the State Council price administrative department and the financial department of the State Council.

    Twenty-third citizens who go abroad for a short time have lost their passports abroad, stolen or damaged, and so on. They should apply to People's Republic of China embassies and consulates abroad or other overseas agencies entrusted by the Ministry of foreign affairs to apply for People's Republic of China travel permits.

    Twenty-fourth citizens who engage in border trade, border tourism services or participate in border tourism may apply to the exit entry administration organs of the public security organs of the local people's governments at or above the county level for entry exit permits in People's Republic of China.

    Twenty-fifth citizens who enter or leave the country on a seafarer's status and work on ships abroad shall apply for the People's Republic of China Seamen's certificate to the maritime administrative department entrusted by the Ministry of communications.

    The twenty-sixth law comes into effect on January 1, 2007.

    The passport issued prior to the implementation of this Law shall remain valid within the validity period.

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