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Below is our English translation of the rules titled the Implementation Rules for Handling Criminal Record Checks by Beijing Public Security Bureau (in Chinese, 《北京市公安局办理犯罪记录查询工作实施细则》), effective March 25, 2022, The original Chinese text is available at the official website of Beijing Public Security Bureau at http://gaj.beijing.gov.cn/zhengce/zcwj/202204/t20220408_2669373.html.
This English translation is produced by ZhaoZhao Consulting and is protected under copyright laws. You may use, share or publicly display (e.g. on a website) the translation only if you acknowledge our website as the source of the translation.
Notice of Beijing Public Security Bureau on Printing and Distributing the Implementation Rules for Handling Criminal Record Checks
Jing Gong Fa Zi [2022] No. 337
To all work units under the bureau:
In order to fully implement the Provisions on the Handling of Criminal Record Checks by Public Security Organs and standardize the handling of no criminal record checks, the municipal bureau has formulated the Implementation Rules for Handling Criminal Record Checks by Beijing Public Security Bureau, which are hereby printed and distributed to you. Please carry out in compliance with the rules.
Beijing Public Security Bureau
March 25, 2022
Implementation Rules for Handling Criminal Record Checks by Beijing Public Security Bureau
Chapter I General Provisions
Article 1 In order to further standardize the work of the public security organs of our city in handling criminal record checks and provide convenience to relevant work units and individuals to carry out and engage in related activities, these Implementation Rules are formulated in accordance with the Criminal Law of the People’s Republic of China, the Criminal Procedure Law of the People’s Republic of China, the Provisions on the Handling of Criminal Record Checks by Public Security Organs and other laws, regulations and documents while taking into consideration the actual situation of our city.
Article 2 The term “criminal record” as used in these Implementation Rules refers to the objective records of criminal persons kept by our country’s special state organs. Except those whose crimes have been confirmed by effective judgment documents issued by people’s courts, all persons shall be deemed innocent of any crime.
If the person concerned is suspected of committing a crime, but the people’s court has not yet made an effective judgment or ruling, or the people’s procuratorate has made a decision not to prosecute, or the case handling work unit withdraws the case, withdraws the prosecution, or terminates the investigation, this person belongs to the personnel of no criminal record.
Administrative compulsory measures, administrative penalties, and other administrative measures taken by public security organs are not part of criminal records.
Article 3 Criminal record checks need to follow the principle of applying in accordance with the law, issuing certificates objectively, and providing convenience to the people.
Article 4 Criminal record checks are based on the criminal personnel information check platform of the Ministry of Public Security and other related information check platforms. The check results only reflect the existing information recorded in the platform at the time of the check.
Chapter II Application and Acceptance
Article 5 An individual may check his criminal records, or appoint another person to apply for the check on his behalf, and the appointed person shall have full civil capacity.
Article 6 A work unit may check the criminal records of its current employees or the persons whom it intends to recruit, but the check shall comply with the law and administrative regulations on the prohibition of employment.
Article 7 When administrative organs issue administrative permits and grant professional qualifications, and when notary offices handle the notarization of criminal records, the administrative organs and notary offices may check the criminal records of relevant persons in accordance with the law. For the check procedures, refer to the relevant provisions on work unit checks.
Article 8 Where a resident holding a Beijing household register applies for the check, the application shall be filed with the public security police station in the place of the applicant’s household registration; where a resident in Beijing holding a household register of another province or city applies for the check, the application shall be filed with the public security police station in the place of the applicant’s residence; where a resident of Hong Kong, Macao or Taiwan applies for the check, the application shall be filed with the public security police station in the place of the applicant’s residence; if another person is appointed to apply for the check, the application shall be filed with the public security police station in the place of the principal’s household registration or residence.
Where a foreign national having resided in China for 180 days or longer applies for the check, the application shall be filed with the exit and entry administration of the public security sub-bureau in the place of the applicant’s residence; if another person is appointed to apply for the check, the application shall be filed with the exit and entry administration of the public security sub-bureau in the place of the principal’s residence.
Where a work unit applies for the check, the application shall be filed with the public security police station in the place of the work unit’s domicile. Where the subject of the check is a foreign national, the application shall be filed with the exit and entry administration of the public security sub-bureau in the place of the work unit’s domicile.
Article 9 According to the actual need during work and for the convenience of people, public security organs at each level can add additional departments and service windows for receiving the applications.
Article 10 If an individual applies for checking criminal records, a Check Application Form and the following materials shall be submitted to the public security organ:
(1) where a resident holding a Beijing household register applies for the check, he shall submit his valid resident identity card or household register;
(2) where a resident holding a household register of another province or city applies for the check, he shall submit his valid resident identity card or household register, digital residence permit (card) displayed in “Beijing Pass” or valid Beijing residence permit (card) confirmation letter or work residence permit issued by a public security police station in Beijing;
(3) where a resident of Hong Kong, Macao or Taiwan applies for the check, he shall submit his residence permit for Hong Kong, Macao and Taiwan residents, Mainland Travel Permit for Hong Kong and Macao Residents or Mainland Travel Permit for Taiwan Residents;
(4) where a foreign national applies for the check, he shall submit his valid passport or permanent residence document.
If another person is appointed to apply for the check, an original power of attorney and the original valid identity document of the appointed person shall be submitted.
Article 11 If an individual applies for the check more than 3 times (not including 3 times) within one calendar year, he shall submit relevant materials proving that the check will be used for reasonable purposes.
Article 12 If a work unit applies for checking criminal records, the following materials shall be submitted to the public security organ:
(1) a letter of introduction issued by the work unit;
(2) the handling person’s valid identity document;
(3) a Check Application Form stamped with the chop of the work unit;
(4) the relevant materials of the work unit’s current employees or the persons to be recruited who are the subjects of the check or the authorization materials of the subjects of the check.
A Check Application Form shall specify the purpose of the check, the identity information of the subject of the check, and the specific provisions of the law on which the check is based.
Article 13 Where an administrative organ issues administrative permits and grants professional qualifications, it shall submit an official letter that specifies the purpose of the check, the legal provisions on which the check is based and the identity information of the subject of the check.
Article 14 Residents holding a Beijing household register can apply online for checking criminal records. The receiving organ for an online check application is the public security police station in the place of the applicant’s household registration.
Article 15 The receiving work unit shall carefully review the relevant materials submitted by the work unit applicant or the individual applicant. If the materials are complete, the application shall be accepted; if the materials are incomplete, the additional materials that need to be supplemented shall be notified on a single occasion; if a work unit’s application for the check does not meet the legal circumstances, the application shall not be accepted, and the reasons shall be explained to the work unit applicant.
Chapter III Checking and Notification
Article 16 If the receiving work unit is able to handle it on the spot, it shall handle it on the spot; if it is unable to handle it on the spot, it shall issue an Acceptance Notice to the work unit applicant or individual applicant and complete it within 3 working days.
If the situation is complicated, investigation and verification may be carried out with the approval of the responsible person from the public security sub-bureau. The time for investigation and verification is not included in the processing time limit. If the investigation and verification require the cooperation of the parties concerned, the parties concerned shall cooperate.
Article 17 The situation is considered complicated when one of the following applies:
(1) the applicant’s identity needs to be further verified;
(2) it is necessary for collaborate with other work units in the investigation and verification;
(3) the party concerned refuses to cooperate in the investigation and verification;
(4) there are other situations that need investigation and verification.
Article 18 For individual checks, if the applicant is not found to have any criminal record, a Certificate of No Criminal Record shall be issued; if the applicant is found to have criminal records, a Notice of Refusal to Issue a Certificate of No Criminal Record shall be issued.
For work unit checks, the check results shall be notified to the work unit in the form of a Notification Letter of Criminal Record Checking Result.
Article 19 The Certificate of No Criminal Record or Notice of Refusal to Issue a Certificate of No Criminal Record shall be received by the applicant or the appointed person with his signature to acknowledge the receipt.
The handling person of the work unit that applies for the check shall sign for the receipt of the Notification Letter of Criminal Record Checking Result.
Article 20 The feedback of check results shall comply with the provisions of the Criminal Procedure Law of the People’s Republic of China on the sealing of juvenile criminal records.
For individual checks, if the applicant has a criminal record, but was under the age of 18 at the time of committing the crime, and was sentenced to fixed-term imprisonment of not more than five years, the receiving work unit shall issue a Certificate of No Criminal Record.
For work unit checks, if the subject of the check has a criminal record, but was under the age of 18 at the time of committing the crime, and was sentenced to fixed-term imprisonment of not more than five years, the receiving work unit shall issue a Notification Letter of Criminal Record Checking Result stating that the subject of the check has no criminal record. If the law provides otherwise, follow the provisions.
Chapter IV Objections and Complaints
Article 21 If the parties concerned are not satisfied with the check results, they may file an application for review with the original receiving work unit and submit an Application Form for Review.
Article 22 When the receiving work unit is conducting the review, the objecting applicant shall cooperate with the public security organ to carry out the review.
Article 23 The original receiving work unit shall conduct a review of the check objection, and the result of the review shall be a written reply in the name of the public security sub-bureau to the objecting applicant within 15 working days of the acceptance. If the situation is complicated and it is impossible to complete the investigation and give a reply within the prescribed time limit, the processing time may be extended appropriately upon the approval of the responsible person from the public security sub-bureau and the objecting applicant shall be notified. But the extension period shall not exceed 30 working days at most.
Article 24 If the review shows there is indeed an error in a Certificate of No Criminal Record, Notice of Refusal to Issue a Certificate of No Criminal Record or Notification Letter of Criminal Record Checking Result, the work unit that originally issued the document or its higher-level public security organ shall promptly revoke it and reissue the relevant document.
Article 25 If the objecting applicant believes that the receiving work unit’s refusal to issue a Certificate of No Criminal Record is based on an incorrect court judgment and the conditions for a legal appeal are met, the receiving work unit may inform the objecting applicant to file an appeal with the relevant court or procuratorate in accordance with the legal procedures.
Chapter V Legal Responsibility
Article 26 No work unit or individual may use fabricated facts, conceal the truth, provide false materials, or use false identities to apply for checking criminal records, or forge or alter a Notification Letter of Criminal Record Checking Result or Certificate of No Criminal Record. If it is confirmed upon investigation and verification, penalties shall be given in accordance with the law; if it constitutes a criminal offense, criminal responsibility shall be held in accordance with the law.
Article 27 Relevant work units and individuals shall carry out the checks strictly in accordance with the procedures stipulated in these Provisions, keep confidential the relevant criminal information shown by the checks, and not disseminate it or use it for other purposes. Those who violate these Provisions shall be held liable in accordance with the law; if it constitutes a criminal offense, criminal responsibility shall be held in accordance with the law.
Article 28 If relevant work units or individuals carry out the checks in violation of the law, causing serious consequences, the relevant work units and individuals shall be held responsible in accordance with the law; if it constitutes a criminal offense, criminal responsibility shall be held in accordance with the law.
Chapter VI Supplementary Provisions
Article 29 If relevant state work units have special regulations for checking criminal records concerning specific matters, follow their regulations.
Article 30 These Implementation Rules shall take effect from the date of printing and distributing.