Passport Law of the People’s Republic of China
Order of the President of the People's Republic of China No.50
The Passport Law of the People's Republic of China, adopted at the 21st Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on April 29, 2006, is hereby promulgated and shall go into effect as of January 1, 2007.
President Hu Jintao
April 29, 2006
(Adopted at the 21st Meeting of the Standing Committee of the Tenth National People's Congress on April 29, 2006)
Article 1 The present law is formulated in order to regulate the application, issuance and management of passports of the People's Republic of China, guarantee the rights and interests of the citizens of the People's Republic of China exiting and entering the People's Republic of China and promote the intercourse with foreign countries.
Article 2 Passports of the People's Republic of China are the certificates, upon which the citizens of the People's Republic of China exit and enter China and prove their nationalities and identities when they are staying abroad.
No organization or individual may forge, alter, transfer, deliberately damage or destroy, or illegally detain any passport.
Article 3 Passports are classified into ordinary passports, diplomatic passports and service 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 administrative departments of the Ministry of Public Security or the exit/entry administrative departments of the public security organs of the local people's governments at or above the county level as authorized by the Ministry of Public Security, and the embassies or consulates stationed abroad of the People's Republic of China or other institutions stationed abroad upon the authorization of the Ministry of Foreign Affairs.
Diplomatic passports are issued by the Ministry of Foreign Affairs.
Service passports shall be issued by the Ministry of Foreign Affairs, PRC embassies and consulates stationed abroad, other institutions stationed abroad upon the authorization of the Ministry of Foreign Affairs, and the foreign affairs departments of the people's governments of the provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts upon the authorization of the Ministry of Foreign Affairs.
Article 5 Where a citizen goes abroad for residence, visiting relatives, study, employment, travel, business activities or other non-official service reasons, he shall file an application with the exit/entry administrative department of the public security organ of the local people's government at the county level or above where his own permanent residence is located.
Article 6 When applying for an ordinary passport, a citizen shall submit his own resident identity card, residence register, recent full-face photos without hat and materials related to the reasons for the application. Where a state functionary applies for an ordinary passport for any reason as prescribed in Article 5 of the present Law, he shall additionally submit the relevant certification documents according to the relevant provisions of the state.
The exit/entry administrative department of the public security organ shall issue an ordinary passport within 15 days after receiving the application materials. If it disapproves the issuance of a passport because the application materials do not meet the relevant provisions, it shall give an explanation and shall inform the applicant of the right to apply for administrative reconsideration or to file an administrative lawsuit.
If the passport cannot be issued within the time limit because of the remoteness of the area, inconvenient transport or for special reasons, the period may be extended to 30 days with the approval of the responsible person of the passport issuing authority.
If a citizen requests for an urgent handling of his application for reasonable emergency reasons, the exit/entry administrative department of the public security organ shall handle the application in a timely manner.
Article 7 The items registered on an ordinary passport shall include the name, gender, birth date and birth place of the passport holder, as well as the issuance date, valid period, issuance place and issuance organ of the passport.
Ordinary passports shall be valid for five years if the holder is under 16 years of age and for 10 years if the holder is above 16 years of age.
The specific measures for the issuance of ordinary passports shall be formulated by the Ministry of Public Security.
Article 8 Diplomatic officials, consular officials and their accompanying spouses and minor children, and diplomatic messengers shall hold and use diplomatic passports.
The staff assigned by the Chinese Government to work in foreign embassies, consulates or the United Nations, the special agencies of the United Nations and other international inter-governmental organizations and their accompanying spouses and minor children shall hold and use service passports.
Where any citizen other than those as prescribed in the preceding two paragraphs goes abroad to execute any official business, his working entity shall file an application with the department of foreign affairs according to the provisions of paragraphs 2 and 3 of Article 4 of the present Law. And the department of foreign affairs shall, in light of actual needs, issue a diplomatic passport or service passport.
Article 9 The items registered on a diplomatic passport or service passport shall include the name, gender, birth date and birth place of the passport holder, as well as the issuance date, valid period and issuance organ of the passport.
The issuance scope, issuance measures and valid period of diplomatic and service passports, and the specific category of service passports shall be prescribed by the Ministry of Foreign Affairs.
Article 10 Where any passport holder modifies any of the items registered on the passport, he shall, upon the strength of relevant certification materials, file an application with the issuance organ for modifying the passport or adding a note to the passport.
Article 11 Under any of the following circumstances, the passport holder may apply for changing the passport for a new one or reissuing a passport according to relevant provisions:
1. The valid period of the passport will expire soon;
2. The visa pages of the passport will be used up;
(III) The passport is damaged or destroyed and it cannot be used any more;
(IV) The passport is lost or stolen;
(V) Other circumstances under which it is justifiable to change or reissue a passport.
When applying for changing an ordinary passport for a new one or reissuing a ordinary passport, the passport holder, if within China, shall file an application with the exit/entry administrative department of the public security organ of the local people's government at the county level or above where his permanent residence is located; if outside China, he himself shall file an application with the embassy or consulate stationed abroad of the People's Republic of China, or with any other institution stationed abroad upon the authorization of the Ministry of Foreign Affairs. Where a Chinese citizen, who resides abroad, after returning to China, applies for changing an ordinary passport for a new one or reissuing a new one, he himself shall file an application with the exit/entry administrative department of the public security organ of the local people's government at the county level or above where his temporary residence is located.
The change or replacement of diplomatic and service passports shall be handled in accordance with the relevant provisions of the Ministry of Foreign Affairs.
Article 12 Passports can be read by sight or by machine.
The anti-counterfeiting performance of a passport shall be made by referring to the international technical standards.
The passport issuance departments and their functionaries shall keep confidential the personal information of the citizens that they have accessed to when making or issuing passports.
Article 13 Under any of the following circumstances, the passport issuance departments shall not issue any passport to the applicant:
1. He does not have the nationality of the People's Republic of China;
2. being unable to prove his identity;
(III) He cheats during the process of application;
(IV) He has been sentenced to any criminal punishment and is serving the sentence at present;
(V) He is not permitted to leave the country because the people's court has notified him of any pending civil case;
(VI) He is a defendant or criminal suspect of a criminal case; or
(VII) being a person whose exit will, in the opinion of the competent department of the State Council, be harmful to State security or cause a major loss to the interests of the State.
Article 14 In case an applicant is under any of the following circumstances, the passport issuance departments shall not issue to him any passport within 6 months to 3 years as of the day when he completes the criminal punishment or he is repatriated:
1. he/she is subject to criminal punishment for hindering territory (border) administration;
(II) Being repatriated for illegal leaving the country, residing or working abroad illegally.
Article 15 The people's courts, people's procuratorate, organs of public security, organs of state security, organs of administrative supervision may, in light of the needs for handling cases, detain the passports of the parties concerned in the cases.
Where a party concerned in a case refuses to hand over his passport, the state organs as mentioned in the preceding paragraph may request the passport issuance department to announce the invalidation of the passport of the party concerned.
Article 16 Where a passport holder loses his nationality of the People's Republic of China, or the passport of the holder is lost or stolen, the passport shall be announced to be invalidated by the passport issuance department.
Passports that are forged, altered and fraudulently obtained, and passports declared invalid by the passport issuing authorities shall be invalid.
Article 17 Where any person obtains a passport by cheating, the passport shall be taken over by the passport issuance department or be announced invalid. The organ of public security shall give him a fine not less than 2, 000 Yuan but not more than 5, 000 Yuan. If any crime is constituted, he shall be subject to criminal liabilities.
Article 18 Where any person offers to others any fabricated or altered passport, or sells any passport, he shall be subject to criminal liabilities. If the circumstance is not serious enough to make him subject to criminal liabilities, the public security organs shall confiscate his illegal gains, detain him for not less than 10 days but not more than 15 days, and impose a fine upon him not less than 2, 000 Yuan but not more than 5, 000 Yuan. The illegal passports as well as the printing and production equipments shall also be taken over by the public security organs.
Article 19 Where a person exits/enters the national border (frontier) by holding a fabricated or altered passport or by holding the passport of another person, he shall be punished by the public security organs according to the laws and provisions on exit/entry administration, and the illegal passport shall be taken over by the public security organs.
Article 20 Where any functionary of a passport issuance department commits any of the following acts during the process of handling a passport, he shall be given an administrative sanction. If any crime is constituted, he shall be subject to criminal liabilities:
1. Failing to accept an application that he should have accepted;
2. Without any justifiable reason, not issuing a passport within the statutory time limit;
(III) Charging any fee beyond the criterions as prescribed by the state;
4. Extorting or accepting bribes from any applicant;
(V) Divulging any citizen's personal information gained through making or issuing a passport, thus infringing the citizen's lawful rights and interests; or
(VI) Other acts of abusing powers, neglecting duties or practicing favoritism for himself or his relative.
Article 21. The Ministry of Public Security shall stipulate the format of and oversee the production of ordinary passports. The Ministry of Foreign Affairs shall stipulate the format of and oversee the production of diplomatic and service passports.
Article 22 The passport issuance departments may collect the costs of passports and the note fees for passports. The cost of production and the note fee shall be turned over to the state treasury.
The standards of such fees shall be set and announced by the State Council administrative department in charge of pricing in conjunction with the State Council department of finance.
Article 23 As for a citizen whose passport is lost, stolen, destroyed or damaged while he stays abroad for a short period, he shall file an application for a travel certificate with the embassy or consulate stationed abroad by of the People's Republic of China or with any other institution stationed abroad upon the authorization of the Ministry of Foreign Affairs.
Article 24 A citizen, who engages in border trade, border travel service or participates in border travel, may file an application for a exit/entry pass with the exit/entry administrative department of the public security organ of the local people's government at or above the county level upon the authorization of the Ministry of Public Security.
Article 25 A citizen, who exits and enters the national border and works in a foreign ship as a seaman, shall file an application for a seaman certificate of the People's Republic of China with the maritime administrative department upon the authorization of the Ministry of Communications.
Article 26 This Law shall go into effect as of January 1, 2007. Passports issued before the implementation of this law shall continue to be valid during their period of validity. (End)