The official recognized proof of legal identity in China is the Resident Identity Card (RIC) that became mandatory for all citizens since 2013 as part of the second generation of identity cards.[1] Chinese citizens over the age of 16 are required to apply for identification cards while those under 16 years can voluntarily apply for an RIC with the assistance of a guardian. Alternatively, they can use other identity documents as proof of legal identity, typically the hukou, the household registration book or birth certificate.[2] RICs are required for hukou household registration, employment, bank accounts, passports, driver’s license, applications for tertiary study, travel by plane or train, marriages, court matters, and internet cafes.[3]
RICs include the cardholder’s name, sex, ethnicity, date of birth, residential address, a unique 18-digit ID number and color photograph.[4] There are embedded digital microchips in each card containing the same identifying information, as well as work history, educational background, religion, police record, medical insurance status, landlord’s telephone number, and reproductive history.[5]
Chinese citizens must apply for RICs in person at the local public security bureau, where they complete a registration form and present their hukou, the household registration book that verifies permanent residence.[6] However, if a citizen is applying for the RIC with a public security bureau in a region outside their permanent residence, they must provide sufficient supporting documents proving their legitimate residency and study or employment in that region.[7]
The following categories of individuals, as defined in Articles 4 to 7 of the Nationality Law of the People’s Republic of China, are eligible to apply for a Resident Identity Card (RIC) if they hold residency status:
- Article 4: (i) individuals born in China; and (ii) either one or both of their parents are Chinese citizens;
- Article 5: (i) individuals born outside China; and (ii) either one or both of their parents are Chinese citizens, unless either one or their parents are residing in a foreign country and they obtained a foreign nationality automatically at birth;
- Article 6: (i) individuals born in China; and (ii) their parents are stateless or have uncertain nationality and they are now residing in China.
- Article 7: foreigners or stateless persons who are willing to abide by China’s Constitution and laws and who meet any of the following conditions may be naturalized upon approval of their applications: (i) they are near relatives of Chinese citizens; (ii) they have settled in China; or (iii) they have other legitimate reasons.[8]
For foreign nationals or stateless persons stipulated under Article 7, who wish to apply for the RIC, they can apply for naturalization as a Chinese national by submitting copies of their: foreign passport, foreigner permanent resident certificate, and supporting documents.[9] These strict requirement for documentation make it difficult for foreign nationals or stateless persons to be naturalized and thus obtain a RIC.[10] However, under the provisions of Article 9 of the Law of the Resident Identity Cards of the People’s Republic of China (2011 amendment), ‘foreigners and stateless persons who reside in the territory of the People’s Republic of China and are approved to acquire or restore the nationality of the People’s Republic of China’, when applying for permanent residence registration, must also apply for an RIC.[11] This refers to individuals who either have ‘become Chinese nationals due to their long-term permanent residence in China’ or have applied for the ‘restoration of the nationality of the People’s Republic of China that has been approved by the relevant departments in accordance with the relevant laws and regulations of China’.[12] According to the National Immigration Administration, foreign nationals or stateless persons applying for naturalization must be willing to abide by China’s laws and meet one of the following conditions: be near relatives of Chinese nationals, settled in China, or have other legitimate reasons.[13]
Birth registration in China does not, by itself, constitute the primary legal identity but operates as an integral component of the household registration (hukou) system that underpins access to legal identity and citizenship.[14] While the Medical Certificate of Birth functions as the primary legal and medical proof of birth and citizenship, its issuance is contingent on parents presenting valid RICs and their hukou registration book.[15] As a result, stateless parents or parents of uncertain nationality who do not possess these identity documents are often unable to secure birth registration for their children.[16] In practice, the absence of birth registration prevents the child from being entered into the hukou system, thereby excluding them from access to social services, employment, housing, healthcare, and education.[17] Although birth registration is not expressly provided in law, it is regarded as an essential part of the hukou household registration system that determines citizenship rights, access to public services, and eligibility to apply for RICs.[18]