Order of the President of the People’s Republic of China
No. 50 The Passport Law of the People’s Republic of China, which was adopted at the 21st Session of the Standing Committee of the 10th National April 29, 2006 The Passport Law of the People’s Republic of China (Adopted at the 21st Session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China on Article 1 The present law is formulated in order to regulate the application, issuance and management of passports of the People’s Republic 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 No organization or individual may forge, alter, transfer, deliberately damage or destroy, or illegally hold or detain any passport. Article 3 Passports are classified into ordinary passports, diplomatic passports and service passports. The passport shall be recommended by the Ministry of Foreign Affairs to foreign governments through the diplomatic channel. Article 4 Ordinary passports shall be issued by the exit/entry administrative departments of the Ministry of Public Security or the exit/entry Diplomatic passports shall be issued by the Ministry of Foreign Affairs. Service passports shall be issued by the Ministry of Foreign Affairs, the embassies or consulates stationed abroad of the People’s Article 5 Where a citizen goes abroad for residence, visiting relatives, study, employment, travel, business activities or other non-official Article 6 When applying for an ordinary passport, a citizen shall submit his own resident identity certificate, residence register, recent The exit/entry administrative department of the public security organ shall issue an ordinary passport within 15 days after receiving In a remote region or area without convenient traffics, or under special circumstances, if it is unable to issue a passport within Where a citizen requests for going through the relevant formalities urgently for obtaining a passport at an earlier date due to any Article 7 The items registered on an ordinary passport shall include the name, gender, birth date and birth place of the passport holder, as The valid period of an ordinary passport shall be five years for a holder under the age of 16, and be ten years for a holder at or The detailed 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 The personnel dispatched by the Chinese Government to the embassies or consulates stationed abroad of the People’s Republic of China, Where any citizen other than those as prescribed in the preceding 2 paragraphs goes abroad to execute any official business, his working Article 9 The items registered on a diplomatic passport or service passport shall include the name, gender, birth date and birth place of the The issuance scope, issuance measures and valid period of diplomatic passports and service passports, and the detailed categories Article 10 Where any passport holder modifies any of the items registered on the passport, he shall, upon the strength of relevant certification 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 (1) The valid period of the passport will expire soon; (2) The visa pages of the passport will be used up; (3) The passport is damaged or destroyed and it cannot be used any more; (4) The passport is lost or stolen; or (5) 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, The change or reissue of a diplomatic passport or service transport shall accord with the relevant provisions of the Ministry of Foreign Article 12 A passport shall be readable either by human eyesight 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 the personal information of the citizens confidential that they 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) He is unable to prove his identity; (3) He cheats during the process of application; (4) He has been sentenced to any criminal punishment and is serving the sentence at present; (5) He is not permitted to leave China because the people’s court has notified him of any pending civil case; (6) He is a defendant or criminal suspect of a criminal case; or (7) The competent organ of the State Council believes that his leaving China will do harm to the state security or result in serious Article 14 In case an applicant is under any of the following circumstances, the passport issuance departments shall not issue to him any passport (1) He is sentenced to any criminal punishment due to his hindering the administration of national border (frontier); or (2) He is repatriated to China due to his illegal leaving from China, illegal dwelling or illegal employment overseas. Article 15 The people’s courts, people’s procuratorate, organs of public security, organs of state security, organs of administrative supervision Where a party concerned in a case refuses to hand in his passport, the state organs as prescribed in the preceding paragraph may propose 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, which is fabricated, altered, obtained by cheating, or announced invalid by the issuance organ, 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 Article 18 Where any person offers to others any fabricated or altered passport, or sells any passport, he shall be subject to criminal liabilities. Article 19 Where a person exits/ enters the national border (frontier) by holding a fabricated or altered passport or by holding the passport Article 20 Where any functionary of a passport issuance department commits any of the following acts during the process of handling a passport, (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; (3) Charging any fee beyond the criterions as prescribed by the state; (4) Extorting or accepting bribes from any applicant; (5) Impairing the legitimate rights and interests of any citizen due to leaking the personal information of the citizen that he has accessed (6) Other acts such as abusing his power, neglecting his duties, seeking private benefits and so on. Article 21 Ordinary passports shall conform to the format as prescribed by the Ministry of Public Security and be made under the supervision Article 22 The passport issuance departments may collect the costs of passports and the note fees for passports. The costs of passports and The criterions on the costs of passports and the note fees shall be prescribed and announced by the pricing administrative department 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 Article 24 A citizen, who engages in border trade, border traveling service or participates in border travel, may file an application for a 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 Article 26 The present law shall come into force as of January 1, 2007. The passports issued prior to the implementation of the present law |
The Standing Committee of the National People’s Congress
2006-04-29