Measures for the Administration of Exit-Entry Certificate Identification ( Trial)

09-15-2020

Measures for the Administration of Exit/entry Certificate Identification (Trial)

Issued by the National Immigration Administration on 11 September, 2019

Updated: Sept. 16, 2019

 

Article 1 In order to ensure the normal operation of exit/entry certificate identification and regulate verification administration services, these Measures are hereby formulated in accordance with relevant laws and regulations including the Exit and Entry Administration Law of the People’s Republic of China, the Passport Law of the People's Republic of China, the Cybersecurity Law of the People’s Republic of China, and Several Provisions of the State Council on Online Government Services.

 

Article 2 The National Immigration Administration is responsible for building the platform for exit/entry certificate identification, and for authorizing, guiding and supervising the Exit/Entry Administration Information Technology Institute to carry out exit/entry identity verification.

 

Article 3 “Exit/entry certificate identification” as used in these Measures refers to the service of consistency verification of information on exit/entry certificates held by relevant parties provided to business operators (hereinafter referred to as “using entities”) that shall examine personal identity information in accordance with laws and regulations.

 

Article 4 Exit/entry certificate identification is carried out in the following ways:

(1) Real-name verification: consistency verification of name, certificate number, date of birth and other information of the holder of exit/entry certificate and return of verification result;

 (2) Real-person verification: consistency verification of photo of the holder of exit/entry certificate and return of verification result;

 (3) Reading of electronic information in certificates: reading of electronic information stored in the chips of exit/entry certificates and return of reading result.

 

Article 5 Using entities shall meet the following conditions:

 (1) They must be independent legal persons registered within the territory of the People’s Republic of China and obey laws and regulations of the People’s Republic of China;

 (2) They are required to verify the identity of relevant parties in accordance with laws and regulations;

 (3) They have ownership over or the right to operate the information system for using exit/entry certificate identification;

 (4) They have a technically secure environment for the safe use of exit/entry certificate identification;

 (5) Their use of exit/entry certificate identification will not endanger national security, harm public interests, or infringe the legitimate rights and interests of others.

 

Article 6 Using entities applying for the service of exit/entry certificate identification shall provide the following materials:

 (1) Using Entity Basic Information Form;

 (2) Copy of business license for enterprises, and copy of legal person registration certificate for public institutions, social organizations, foundations, and social service organizations;

 (3) Explanatory materials on the legality of using exit/entry certificate identification, including the legal basis for the use of exit/entry certificate identification, business areas, using scenarios, contents for verification, etc.;

 (4) Proof of ownership over or right to operate the information system for using exit/entry certificate identification;

 (5) Explanatory materials on the security of using exit/entry certificate identification, including software and hardware operating environment, network architecture, module composition of the system, security protection measures, etc.

 

Using entities shall be responsible for the authenticity of the above materials. If a registered item in the above materials has changed or become invalid, using entities shall, within fifteen (15) days from the date of change or invalidation, resubmit such materials.

 

Article 7 The exit/entry certificate identification service shall be opened for using entities by the service provider in accordance with the following procedures:

(1) Using entities apply for the service and submit the materials specified in Article 6 of these Measures online;

 (2) The provider of the exit/entry certificate identification service reviews the application materials and issues a notice of passing the review, not passing the review, or supplementing application materials;

 (3) After using entities passing the review, the provider guides using entities to access the platform and conducts commissioning;

 (4) After the commissioning, the parties sign the use, security and confidentiality agreement;

 (5) The provider opens the service of exit/entry certificate identification for using entities.

 

Article 8 The provider of the exit/entry certificate identification service shall assess using entities’ demand for verification and determine whether to use a mobile digital certificate or a signature verification server for using entities to access the platform for exit/entry certificate identification.

 

Article 9 The use, security and confidentiality agreement shall contain the following contents:

 (1) Using entities shall use exit/entry certificate identification legally and properly within the agreed scope of business, and shall not transfer the use of exit/entry certificate identification service to any third party;

 (2) Using entities shall develop a security management system and an emergency plan to ensure the security of the information system, mobile digital certificate and signature verification server for using and accessing the service of exit/entry certificate identification;

 (3) The provider of the exit/entry certificate identification service guarantees that the platform can meet using entities’ demand for verification;

 (4) The provider of the exit/entry certificate identification service shall provide identity verification results in a timely manner;

 (5) All circumstances that may lead to suspension or termination of the exit/entry certificate identification service.

 

Article 10 The provider of the exit/entry certificate identification service shall, in accordance with applicable provisions, guide and supervise using entities to use the platform for exit/entry certificate identification in a correct and standard manner.

 

Article 11 Using entities shall not use the service of exit/entry certificate identification to collect fees from any entity or individual for any reason.

 

Article 12 Where using entities fall under any of the following circumstances, the provider of the exit/entry certificate identification service shall prompt and urge them to correct:

 (1) Fail to comply with and implement the security management system and management measures;

 (2) Where network traffic is abnormal; or

 (3) Where there are security risks during use.

 

Using entities shall correct and report their correction results within ten (10) days from the date of receiving notice of correction.

 

Article 13 Where using entities fall under any of the following circumstances, the provider of the exit/entry certificate identification service shall suspend the verification service:

 (1) Fail to correct within ten (10) days from the date of receiving notice of correction;

 (2) Fail to resubmit materials as per Section 2 of Article 6 of these Measures;

 (3) Use exit/entry certificate identification beyond the agreed scope;

 (4) Affect the normal operation of the platform for exit/entry certificate identification due to management problems in the information system of using entities;

 (5) Commit acts in violation of the use, security, and confidentiality agreement; or

 (6) Commit other acts in violation of laws, regulations, or these Measures.

Using entities shall correct within thirty (30) days from the date of receiving notice of suspension of exit/entry certificate identification service. For those that correct within the above time limit, the verification service can be reopened after such corrections are reviewed and confirmed.

 

Article 14 Where using entities fall under any of the following circumstances, the provider of the exit/entry certificate identification service shall terminate the verification service:

 (1) Fail to correct within thirty (30) days from the date of receiving notice of suspension of verification service;

 (2) Submit false materials;

 (3) No longer meet the conditions specified in Article 5 of these Measures;

 (4) Transfer the service of exit/entry certificate identification or disclose the identity verification results;

 (5) Use the service of exit/entry certificate identification to collect any fee from any entity or individual;

 (6) Use exit/entry certificate identification for illegal purposes;

 (7) Commit other acts in serious violation of the use, security, and confidentiality agreement signed by the parties; or

 (8) Commit other acts in violation of laws, regulations, or these Measures where circumstances are serious.

 

Article 15 Where the provider of the exit/entry certificate identification service finds using entities are suspected of illegal or criminal acts in their use of the verification service, it shall promptly report to appropriate authorities for investigation and handling.

 

Article 16 The National Immigration Administration is responsible for the interpretation of these Measures.

 

Article 17 These Measures shall come into force for trial implementation as of the date they are issued.

 

Beijing, Sept. 11