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Below is our English translation of the rules titled the Provisions of Guangdong Provincial Public Security Department Regarding the Application for and the Handling of Certificates of No Criminal Record (in Chinese, 《广东省公安厅关于申请办理无犯罪记录证明的规定》), effective March 1, 2019, The original Chinese text is available at the official website of Guangdong Provincial Government at http://www.gd.gov.cn/zwgk/gongbao/2019/4/content/post_3366208.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 Printing and Distributing the Provisions of Guangdong Provincial Public Security Department Regarding the Application for and the Handling of Certificates of No Criminal Record

To all municipal public security bureaus at or above the prefecture level:

We hereby print and distribute to you the Provisions of Guangdong Provincial Public Security Department on the Application for and the Handling of Certificates of No Criminal Record, which have been examined and approved by the provincial department of justice following the deliberation in the director-general executive meeting. Please conscientiously implement the Provisions.

Guangdong Provincial Public Security Department

January 8, 2019

The Provisions of Guangdong Provincial Public Security Department on the Application for and the Handling of Certificates of No Criminal Record

        Article 1 For purposes of regulating the work of the public security organs of Guangdong Province for handling certificates of no criminal record and protecting the legitimate rights and interests of applicants, these Provisions are formulated in accordance with relevant laws and regulations while taking into consideration the actualities of our province.

        Article 2 In handling certificates of no criminal record, we should adhere to the principle of “applying in accordance with the law, handling in accordance with regulations.”

        Article 3 A certificate of no criminal record issued by a public security organ of Guangdong Province is a document certifying that the issuing public security organ does not find that the applicant has any criminal record within a certain period of time.

        Article 4 Public security organs shall handle certificates of no criminal record based on effective legal documents regarding criminal personnel circulated by people’s courts and other relevant information. Except for those whose crimes have been confirmed by effective judgment documents issued by people’s courts, all persons are of no criminal records.

        Article 5 Certificates of no criminal record shall not be used for purposes of litigation or arbitration.

        Article 6 Acting on the principle of “providing convenience for people and pursuing high efficiency”, Guangdong Provincial Public Security Department shall develop an information system at the provincial level for managing certificates of no criminal record, gradually making online applications available within Guangdong Province. Public security organs at the county level or above shall gradually introduce administrative service centers under the government and certificate handling centers under public security organs in order to provide centralized, “one-stop” services. Application guides should be published through public security web portals, WeChat official accounts, etc., and information such as the handling departments and their addresses, processing time, application channels shall be announced. Upon an applicant’s request, mail delivery services can be carried out.

        Article 7 If an applicant has any of the following purposes, he may apply to a public security organ for a certificate of no criminal record:

        (1) Applying for traveling abroad;

        (2) according to laws, regulations or rules, having no criminal record is a prerequisite for registering qualifications, acquiring accreditation, practicing professions, applying for admission to higher education, serving on active duty, etc.;

        (3) having no criminal record is a requirement for taking a special job or doing activities involving national secrets, public security, major public interests, etc.;

        (4) Other legitimate purposes for which a certificate of no criminal record issued by a public security organ is required indeed.

        Article 8 An applicant must bring a valid identity certificate and other relevant materials to apply for a certificate of no criminal record with the public security organ:

        (1) A person whose household is registered in Guangdong Province shall bring his resident identity card and apply for a certificate of no criminal record covering the period from birth to present with the public security organ in the place of his household registration;

        (2) A person whose household was originally registered in Guangdong Province shall bring his resident identity card, passport or other valid identity certificates and apply for a certificate of no criminal record covering the period when his household was registered in Guangdong Province with the public security organ in the place of his last household registration prior to moving out of Guangdong Province;

        (3) A person who is a temporary resident shall bring his resident identity card and residence permit and apply for a certificate of no criminal record covering the period of his residence in Guangdong Province with the public security organ in the place of his current residence. The period of his residence is based on his residence permit. The time of residence in multiple prefectures or cities of Guangdong Province may be calculated in aggregate;

        (4) A Chinese student who is currently studying at school shall bring his resident identity card, student ID, or enrollment verification certificate and apply for a certificate of no criminal record covering the period of his study in Guangdong Province with the public security organ in the place of his school;

        (5) A person who is a resident of Hong Kong, Macao, or Taiwan shall bring his residence permit for Hong Kong, Macao and Taiwan residents or a valid exit-entry identity certificate and temporary residence registration forms and apply for a certificate of no criminal record covering the period of his residence in Guangdong Province with the public security organ in the place of his current residence. The period of his residence is based on his residence permits or temporary residence registration forms. The time of residence in multiple prefectures or cities of Guangdong Province may be calculated in aggregate;

        (6) A foreigner who has resided in Guangdong for 6 months or more shall bring his current foreign passport, the materials showing the information of any other passports used during the period sought to be covered by a certificate of no criminal record and temporary residence registration forms, and apply for a certificate of no criminal record covering the period of his residence in Guangdong Province with the public security organ in the place of his residence. The period of his residence is based on his temporary residence registration forms. The time of residence in multiple prefectures or cities of Guangdong Province may be calculated in aggregate.

        An applicant must truthfully fill in a Certificate of No Criminal Record Application Form and provide relevant materials explaining the purposes of the application. Where a military unit, state organ, enterprise or public institution applies to check the information of whether an individual citizen has criminal records or not, the person who handles the application shall bring his identity certificate and work certificate, submit an official letter issued by the work unit, give a clear indication of the name of the check subject and the purposes of and the basis for the check.

        Article 9 A certificate of no criminal record application shall be filed by the applicant himself. Where a close relative with full civil capacity is appointed to make the application, the original documents that must be provided are a power of attorney and the valid identity certificates of the principal and the appointed person; and where a person who is not a close relative is appointed to make the application, the original documents that must be provided are a notarial power of attorney issued by a notary department and the valid identity certificates of the principal and the appointed person.

        A notarial power of attorney issued by a foreign notary department must be authenticated by a China Consulate/Embassy and translated into Chinese by a domestic translation organization and a copy of the qualification certificate of the translation organization shall be attached to the translation. Or the power of attorney must be notarized according to the provisions of international treaties entered into or joined by China.

        Article 10 Upon receiving an application, the public security organ shall check the application materials on the spot. If the application materials are complete and meet the requirements, the application shall be accepted; and if the application materials are incomplete or do not meet the requirements, the applicant shall be notified on a single occasion to supplement and correct the relevant materials. If the applicant does not meet the application requirements or the application matters are outside the scope of the public security organ’s responsibilities, the public security organ shall not accept the application and explain the reasons.

        Article 11 After the public security organ, upon checking and verification, confirms that the applicant has no criminal record or that the applicant was sentenced to less than 5 years in prison, was under 18 years of age when he committed the crime and according to the relevant requirements of Criminal Procedure Law of the People’s Republic of China, the criminal record is under the category for sealing up, a certificate of no criminal record shall be issued; and if the public security organ confirms that the applicant has criminal records, no certificate of no criminal record shall be issued and a return notice of the refusal for issuing a certificate of no criminal record shall be provided. If an applicant has objections to the result that shows he has criminal records, the public security organ shall verify the objections.

        If an applicant was held under criminal detention, arrested, freed on bail pending a trial, placed under residential surveillance, under other measures by out-of-area public security organs or procuratorial organs, and has not been removed from criminal suspicion, the applicant shall cooperate with the public security organ on investigation and verification and provide relevant documents regarding the release, prosecution dismissal, prosecution exemption, acquittal, etc., as evidence materials for applying for a certificate of no criminal record.

        Article 12 Public security organs shall handle and complete an application within 3 days of acceptance. A certificate of no criminal record should be issued on the spot if the public security organ is able to do so. If an applicant is under compulsory criminal measures imposed by justice departments and has not been removed from criminal suspicion and there is a need to investigate and verify the circumstances, the processing time can be extended to 15 working days, and the applicant shall be informed of the reasons. If there is a need to verify with out-of-area justice departments, the time spent on the verification is not counted as part of the above-stated time limit.

        Article 13 Certificates of no criminal record shall be handled in such procedures as application acceptance, investigation and verification, supervisor examination and approval, making the certificate and issuance of the certificate.

        Article 14 Certificates of no criminal record shall be in the uniform format made by the Guangdong Provincial Public Security Department. the content of the format includes the applicant’s identity information, the purposes for which the certificate of no criminal record will be used and the expiration of its validity. A certificate of no criminal record is valid only after it is stamped with the official chop of the handling work unit or with the special chop for purposes of issuing certificates of no criminal record.

        Article 15 “Close relative” in these Provisions means a spouse, parent, son, daughter, full sibling, grandparent or grandchild.

        Article 16 These Provisions shall be construed by Guangdong Provincial Public Security Department.

        Article 17 These Provisions are effective March 1, 2019. If other laws, regulations or higher-level documents have provisions on the handling of certificates of no criminal record, follow their provisions.

        Attachments:

           1. Certificate of No Criminal Record Application Form

           2. Acceptance Notice for Certificate of No Criminal Record Application

     3. Notice of Refusal to Accept Certificate of No Criminal Record Application

           4. Certificate of No Criminal Record  

           5. Notice of Refusal to Issue Certificate of No Criminal Record

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