中华人民共和国居民身份证条例

Regulations of the PRC Concerning Resident Identity Cards

第一条  为了证明居民身份,便利公民进行社会活动,维护社会秩序,保障公民的合法权益,制定本条例。

Article 1. These Regulations are formulated in order to prove the identity of residents, facilitate citizens' social activities, maintain public order and guarantee citizens lawful rights and interests.

 

第二条        居住在中华人民共和国境内的年满十六周岁的中国公民应当依照本条例的规定,申请领取中华人民共和国居民身份证。

 

Article 2. Chinese citizens who have reached the age of 16 and who reside in the People's Republic of China shall obtain by application a resident identity card of the People's Republic of China in accordance with the provisions of these Regulations.

 

正在服现役的人民解放军军人、人民武装警察,不领取居民身份证,由中华人民共和国中央军事委员会和中国人民武装警察部队总部颁发军人和武装警察身份证件。

 

Soldiers of the People's Liberation Army and members of the People's Armed Police Force who are in active service shall dispense with resident identity cards; instead they shall have servicemen's identity cards or armed policemen's identity cards issued to them respectively by the Central Military Commission of the People's Republic of China and the General Headquarters of the Chinese People's Armed Police Force.

 

第三条        居民身份证登记项目包括姓名、性别、民族、出生日期、住址。

 

Article 3. The items to be registered in a resident identity card shall include name, sex, nationality, birth date and address.

 

居民身份证登记项目使用全国通用的文字填写。

 

These items shall be registered in the standard language used throughout the country.

 

民族自治地方的自治机关根据本地区的实际情况,可以决定同时使用本民族的文字或者选用一种当地通用的民族文字。

 

In a national autonomous area, the organ exercising autonomy may decide to use at the same time the language of the minority nationality concerned or to choose one of the languages commonly used in the area, depending on the specific local condition.

 

第四条        居民身份证的有效期限分为十年、二十年、长期三种。十六周岁至二十五周岁的,发给有效期十年的居民身份证;二十六周岁至四十五周岁的,发给有效期二十年的居民身份证;四十六周岁以上的,发给长期有效的居民身份证。

 

Article 4. There are three different terms of validity of resident identity cards: 10 years, 20 years and an indefinite number of years. Those in the 16 to 25 age bracket shall be issued resident identity cards valid for 10 years; those in the 26 to 45 age bracket shall be issued resident identity cards valid for 20 years; and those who are over 46 shall be issued resident identity cards valid indefinitely.

 

第五条        居民身份证由公安机关统一印制、颁发和管理。

 

Article 5. Public security organs shall be responsible for the printing, issuance and control of resident identity cards.

 

第六条        公民应当向常住户口所在地的户口登记机关申请领取居民身份证,并按照规定履行申请领取手续。

 

Article 6. Citizens shall apply for resident identity cards from the residence registration organs at the places where their permanent residence is registered, and shall go through the prescribed procedures for applying for and obtaining such cards.

 

第七条        华侨回国定居的,在办理户口登记手续时,申请领取居民身份证。

 

Article 7. An overseas Chinese who returns to China for permanent residence shall, when going through the formalities of residence registration, apply for a resident identity card.

 

第八条        居民身份证有效期满或者登记内容有变更、更正或者证件严重损坏不能辨认时,应当按照规定申报换领新证;丢失证件的,应当申报补领。

 

Article 8. When the term of validity of a resident identity card has expired, or the items registered in it need be modified or corrected, or the card has been so seriously damaged that what is registered becomes illegible, the bearer shall report the matter and apply for replacement with a new card according to the relevant provisions; those who have lost their identity cards shall report the loss and apply for new ones.

 

第九条        公民被征集服现役的,在办理注销户口手续时,交回居民身份证;退出现役后,发还居民身份证或者再申请领取居民身份证。

 

Article 9. Citizens who are enlisted in active service shall hand in their resident identity cards when going through the formalities to cancel their resident registration; when they retire from active service, they shall have their resident identity cards back or apply for new ones.

 

第十条        被判处拘役、有期徒刑以上刑罚的人和被劳动教养的人以及被羁押的人,尚未申请领取居民身份证的,在服刑、劳动教养和羁押期间,不发给居民身份证;

 

Article 10. If persons who are sentenced to criminal detention, fixed-term imprisonment or more severe punishment or who are undergoing rehabilitation through labour, as well as those who are held in custody, have not yet applied for resident identity cards, they shall not be issued such cards during the period when they are serving their sentences or undergoing rehabilitation through labour, or are held in custody;

 

已领取居民身份证的,由执行机关按照规定收缴其居民身份证,释放或者解除劳动教养后,由本人申请领取居民身份证或者将原居民身份证发还本人。

 

those who have already obtained their resident identity cards shall, according to stipulations, be divested of their cards by the executing organs. All these persons shall, upon their release or termination of rehabilitation through labour, apply for resident identity cards or get their original ones back.

 

第十一条    公民出境按照规定需要注销户口的,在办理注销户口手续时,交回居民身份证。

 

Article 11. Citizens leaving the country who are required to cancel their residence registration shall hand in their resident identity cards when going through formalities for such cancellation.

 

第十二条    公民死亡的,由公安机关收回居民身份证。

 

Article 12. When a citizen dies, the public security organ shall revoke his or her resident identity card.

 

第十三条    公安机关在执行任务时,有权查验居民身份证,被查验的公民不得拒绝。

 

Article 13. When performing its duties, the public security organ shall have the power to examine a citizen's resident identity card, and the citizen shall not refuse to be examined.

 

执行任务的公安人员在查验公民的居民身份证时,应当出示自己的工作证件。

 

When on-duty public security personnel examine citizens' resident identity cards, they shall produce their own service cards.

 

公安机关除对于依照《中华人民共和国刑事诉讼法》被执行强制措施的人以外,不得扣留公民的居民身份证。

 

The public security organ shall not withhold a citizen's resident identity card except for a person who is subject to coercive measures under the Criminal Procedure Law of the People's Republic of China.

 

第十四条    公民在办理涉及政治、经济、社会生活等权益的事务时,可以出示居民身份证,证明其身份。

 

Article 14. When handling matters involving their political and economic rights and interests as well as their rights and interests in social life, citizens may produce their resident identity cards to prove their identities.

 

有关单位不得扣留或者要求作为抵押。

 

The relevant units may not withhold their resident identity cards or demand to take them as security.

 

第十五条    有下列行为之一的,按照《中华人民共和国治安管理处罚条例》有关规定给予处罚:

 

Article 15. Those who come under one of the following categories shall be penalized in accordance with relevant provisions of the Regulations of the People's Republic of China Concerning Security Control and Punishment:

 

    (一)拒绝公安机关查验居民身份证的;

 

(1) those who refuse examination of their resident identity cards by a public security organ;

 

    (二)转让、出借居民身份证的;

 

(2) those who transfer or loan their resident identity cards to others;

 

    (三)使用他人居民身份证的;

 

(3) those who use resident identity cards other than their own; and

 

    (四)故意毁坏他人居民身份证的。

 

(4) those who wilfully damage others' resident identity cards.

 

第十六条    伪造、变造居民身份证的或者窃取居民身份证情节严重的,依照《中华人民共和国刑法》第一百六十七条的规定处罚。

 

Article 16. Whoever forges, falsifies or steals a resident identity card, if the circumstances are serious, shall be penalized according to Article 167 of the Criminal Law of the People's Republic of China.

 

第十七条    公安机关工作人员在执行本条例时,徇私舞弊、侵害公民合法权利和利益的,应当给予行政纪律处分,情节严重构成犯罪的,应当依法追究刑事责任。

 

Article 17. Personnel of the public security organs who engage in malpractices for the benefit of their friends or infringe on citizens' lawful rights and interests while enforcing these Regulations shall be subject to administrative sanctions. If the circumstances of their cases are serious enough to constitute criminal offenses, criminal responsibility shall be investigated in accordance with the law.

 

第十八条    居留在中华人民共和国境内的外国人和无国籍人,不适用本条例。

 

Article 18. These Regulations shall not apply to aliens and stateless persons who reside in the People's Republic of China.

 

第十九条    本条例的实施细则,由公安部制定,报国务院批准后施行。

 

Article 19. Rules for the implementation of these Regulations shall be formulated by the Ministry of Public Security and put into effect after being submitted to and approved by the State Council.

 

第二十条    本条例自公布之日起施行。

Article 20. These Regulations shall go into effect on the day of their promulgation.