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China’s Certificate of Non-Criminal Convictions

What is the correct name of the Certificate of Non Criminal Convictions issued by China?

What is the name and address of the official office/department that holds these records?

Is this a national Government authority for the whole country, or are there separate local authorities covering each region? 

What types of criminal record certificates are available for employment purposes?

What categories of criminal conviction are listed on a criminal record certificate?

What is the cost of a criminal record certificate?

Who can pay for this and what types of payment methods are available? Does this require payment from a bank account within China?

Who can apply for a criminal record certificate?

Can employers apply on behalf of an individual? Can a third party apply on behalf of an individual?

Is the process the same for nationals of China and non-nationals?

What is the turnaround time for processing a criminal record certificate request?  Is there a system in place for fast-track disclosure of priority cases?

What is the process for confirming an individual’s identity for a criminal record  certificate?

What documents do you require individuals to provide?

Are there any additional security measures an applicant must comply with?

How are the results of the criminal record check presented?

Are there any official bodies that provide advice on the interpretation of criminal records information?

What languages are the criminal record certificates available in?

Is a translation service offered?

Can you please list all information provided on a criminal record certificate and details of any security features?

Is there a service to confirm the authenticity of a criminal record certificate?

Are you able to provide a sample criminal record certificate document?

How long does a conviction stay on an individual’s criminal record before it is removed? Are old convictions listed on criminal record certificates? For how many years does China keep criminal records on file?

What legislation relates to criminal records in China?

Is criminal record information restricted under any Data Protection and Data Privacy legislation?

Is the process different for applicants under the age of 18 years old?

Are there any changes pending to any of the information supplied above?

Are there any reasons why it would not be practical or socially acceptable to request a criminal record check on a national of China?

 

What is the correct name of the Certificate of Non Criminal Convictions issued by China?

The correct name is the Certificate of Non Criminal Record / 无犯罪记录证

What is the name and address of the official office/department that holds these records?

Each regional Public Security Bureau holds these records. For example, if the individual had ever stayed in Beijing, the Certificate of Non Criminal Record should be issued by Beijing Public Security Bureau.

Beijing Public Security Bureau Address:

2 Andingmen Avenue (East), Dongcheng District, Beijing (Southeast of BeiXiaoJie Bridge, 2nd Ring Road).

Is this a national Government authority for the whole country, or are there separate local authorities covering each region? 

This is not a national Government authority for the whole country. There are separate local authorities covering each region.

What types of criminal record certificates are available for employment purposes?

For a Chinese work permit application, the Chinese authorities accept two types of criminal record certificates:

Category 1: if the certificate is issued by Chinese authorities/PSB, Certificate of Chinese non-criminal record is acceptable.

Category 2: if the certificate is issued outside of China or applied at applicant’s home country, the police clearance certificate of residence issued by the public security bureau or the judicial authority of the applicant’s home country is acceptable. The police clearance certificate should be authenticated by the Chinese Embassy or Consulate in their home country.

What categories of criminal conviction are listed on a criminal record certificate?

If the certificate is issued in China, the certificate may contain:

·         Applicant’s full name

·         Nationality

·         Passport number

·         Date of birth

·         Duration of stay in China

 

If the certificate is issued outside of China, there is no a special requirement as long as it is authenticated by the Chinese Embassy or Consulate.

What is the cost of a criminal record certificate?

The official fee may be varied depending on the city.

Who can pay for this and what types of payment methods are available? Does this require payment from a bank account within China?

The applicant/third party should pay the official fee in cash. The authorities in China only accept cash in RMB.

Who can apply for a criminal record certificate?

Can employers apply on behalf of an individual? Can a third party apply on behalf of an individual?

 

If the application is filed in Beijing or Shanghai, either an employer or a third party can apply on behalf of an individual, for the rest of Chinese cities, besides Beijing and Shanghai, this will depend upon regional authorities/PSB to provide correct information/requirements.

Is the process the same for nationals of China and non-nationals?

The process is the same for nationals of China and non-nationals. The process may be varied in different cities. The applicant needs to confirm the city in which he/she is filing. This process can be carried out in person only.

What is the turnaround time for processing a criminal record certificate request?  Is there a system in place for fast-track disclosure of priority cases?

The processing time may be varied depending on city. For any filing in Beijing and Shanghai, it may take 7-15 working days. There is no a tracking system which will be available, it is necessary to receive a call from PSB for notification of certificate collection.

What is the process for confirming an individual’s identity for a criminal record  certificate?

Once the PSB completes conducting their investigation, authorities will call the applicant/agent to collect the original certificate.

What documents do you require individuals to provide?

Required documents may be varied be individual city. For example, if the application is filed in Shanghai, the following documents should be prepared:

1.      Original passport with residence permit

2.      Scanned copies of photo page + all Chinese visas + all Chinese entry/exit stamp

3.      Original work permit

4.      Original Temporary residence registration form

5.      Original letter of verification issued by applicant’s employer that state applicant has no criminal record

 

Are there any additional security measures an applicant must comply with?

There are no additional security measures that an applicant must comply with.

How are the results of the criminal record check presented?

The certificate could be approved or rejected, if the PSB finds any criminal record, the certificate will not be approved.

Are there any official bodies that provide advice on the interpretation of criminal records information?

There are no official bodies which provide this service. It is necessary to use a licensed translation company to translate documents if the language used is other than Chinese.

What languages are the criminal record certificates available in?

The only language that the criminal record certificates are available in is Chinese.

Is a translation service offered?

Translation service is not offered. It is necessary to use a licensed translation company to translate documents if the language used is other than Chinese. The translation company will confirm its own specific fee.

Can you please list all information provided on a criminal record certificate and details of any security features?

The information provided on a criminal record certificate includes:

·         Applicant’s full name

·         Nationality

·         Passport number

·         Date of birth

·         Duration of stay

Is there a service to confirm the authenticity of a criminal record certificate?

Yes, the Public Notary Office offers this service. The official fee may be varied depending on the city; an applicant needs to confirm the city in which he/she is filing.

Are you able to provide a sample criminal record certificate document?

 

Please click here to view the same criminal record certificate document.

 

How long does a conviction stay on an individual’s criminal record before it is removed? Are old convictions listed on criminal record certificates? For how many years does China keep criminal records on file?

According to the Criminal Procedure Law of PRC, only the criminal record of juveniles (less than eighteen years old) might be sealed up for safekeeping if the following conditions are met:

1.      Individual is less than eighteen years old when the crime was committed;

2.      Individual is sentenced to a penalty not heavier than a fixed-term imprison of five years.

 

If the abovementioned conditions are met, the criminal record will be sealed and no individuals or organizations can check it except the judicial authorities for the purpose of handling cases. Also, it is accessible to duly authorized organizations with a written application in advance to the People’s Procuratorate.

According to the current laws, regulations, and rules of China, the criminal record will not be removed, and only individuals who have no criminal acts in China can get non-criminal record certificates.

What legislation relates to criminal records in China?

The critical legislation relating to this is the Criminal Procedure Law of PRC.

Is criminal record information restricted under any Data Protection and Data Privacy legislation?

According to the explicit provisions of Criminal Procedure Law of PRC, juveniles’ criminal records receive strict protection in China on the conditions mentioned above.

Is the process different for applicants under the age of 18 years old?

No, the process remains the same for any applicants under the age of 18 years.

Are there any changes pending to any of the information supplied above?

Currently there are no pending changes to the information provided here.

Are there any reasons why it would not be practical or socially acceptable to request a criminal record check on a national of China?

There are no specific provisions in the current laws, rules, or regulations that could be applied to check a criminal record.

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