China: Process to obtain a People's Republic of China (PRC) driver's licence; documents required; whether the serial number on the national identity card is the same as the ID number that appears on the driver's licence (2014-September 2016)

1. Overview

The Chinese Ministry of Public Security (MPS) website provides a copy of the Regulation of Application and Usage of Driver's Licence for Motor Vehicles, which according to a public decree made by the Ministry of Public Security on 29 January 2016, would come into effect on 1 April 2016 (China 29 Jan. 2016).

1.1 Government Agencies Responsible for the Issuance

The Regulation stipulates that the following government agencies [translation] "shall be responsible for the guidance, inspection and supervision of the official business of driver's licences for motor vehicles within their respective jurisdictions":

•Provincial traffic management departments of public security agencies;

•Sections responsible for vehicle management of the traffic management departments of public security agencies ◦of municipalities under the direct leadership of the central government;

◦of municipalities with districts [prefectures] or authorities of the same level (China 2016, art. 2).

According to the Regulation, concerning the administration of driver's licences at county level, [translation]

Sections responsible for vehicle management of the departments of traffic management of public security agencies at county level may handle the official business of driver's licences for low-speed cargo cars, three wheeled cars and motorcycles, and change, replace, review and submission of physical checks for other types of motor vehicles. Qualified agencies may also handle the official business of driver's licences for small sized vehicles, small sized vehicles with automatic transmission, small sized passenger coaches with automatic transmission for persons with disabilities, as well as exams covering law, regulation and related knowledge of traffic and road safety for other types of vehicles. (ibid.)

According to the same source, [translation] "[s]pecific scopes of business and conditions shall be prescribed by provincial traffic management departments of public security agencies" (ibid.).

1.2 Information Registered on a Driver's Licence and its Validity Terms

According to the Regulation, a driver's licence for motor vehicles shall indicate the following [translation] "[i]nformation about the driver of the motor vehicle: name, gender, date of birth, nationality, address, ID number (number of the driver's licence) and photo" (China 2016, art. 10). The same source also states that driver's licences [translation] "shall have valid terms of 6 years, 10 years[,] and permanent…" (ibid, art. 11).

Information on whether the aforementioned "number of the driver's licence" is the same as the licence holder's Resident Identity Card ID number could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.3 Issuance

According to the Regulation, [translation]

Sections responsible for vehicle management shall make use of the computer system for driver's licences for motor vehicles to review, issue and print driver's licences; driver's licences for motor vehicles reviewed, issued and printed without using the computer system shall be invalid.

There shall be a national uniform database standard and software for the driver's licence computer system for motor vehicles, which shall accurately and comprehensively record and store the entire process of acceptance of the application, subject exams and review and issuance of driver's licence for motor vehicles, as well as the information about handling staffers. This information shall be able to be sent to the national information system for the traffic management of public security on a real time basis. (China 2016, art. 6)

2. Eligibility and Requirements

Under Article 12, the Regulation indicates that applicants must meet the eligibility requirements on age and physical conditions in order to be awarded a driver's licence (China 2016, art. 12). According to the Regulation, drivers of small-sized passenger vehicles and light motorcycles [translation] "shall be over 18 years old but below 70 years" (ibid.). The Regulation stipulates that the vehicles which first-time driver's licence applicants are permitted to drive include [translation]:

urban bus, medium-sized coach, large-sized truck, small-sized car, small-sized car with automatic transmission, low-speed pick-up truck, three wheeled car, small sized passenger car with automatic transmission for persons with disabilities, normal three wheeled motorcycle, normal two wheeled motorcycle, light motorcycle, wheeled motor vehicle, trolleybus and tram car. (ibid, art. 14)

3. Procedures for Obtaining a Driver's Licence

3.1 Application

The Regulation provides the following information on locations in which individuals may apply for a driver's licence [translation]:

[a]pplicants for a driver's license shall file their applications with section of vehicle management according to the following procedures:

1) Application shall be filed in the place of household registration where the applicant lives…;

2) Application may be filed in the place of domicile where the applicant lives in a place other than the place of household registration;

…

4) Foreigners shall file their applications in their place of stay or domicile. (China 2016, art. 18)

According to the website of the Traffic Management Bureau of the Beijing Municipal Public Security Agency [1],

[a]pplicants [shall] go to the motor vehicle administration to apply [for a driver's licence]. Holder of a valid foreign driver's license can apply for a license to drive the same type of vehicle(s) listed on his/her foreign driver's license. 'International driver's license' will not be accepted. (ibid. n.d.a)

Under Article 99, the Regulation further indicates that [translation]

[a] driver of a motor vehicle may appoint an agent to handle the business of change, replacement of licence, submission of proof of physical conditions, and renewal and cancellation of driver's licence on his/her behalf. In the application for driver's license by the agent, identification of the agent, the driver's application or proof of the driver's physical condition jointly signed by the driver and his/her agent shall be submitted. (ibid. 2016, art. 99)

3.2 Required Documents

The Regulation provides the following information concerning the required documents that must be submitted by an individual when filing a driver's licence application [translation]:

[f]irst time applicant for driver's licence shall fill in an application and submit the following proofs:

1.Identification papers of the applicant; and

2.Proof of physical conditions issued by healthcare entities of civilian county level or military regimen level or above; for applications for driver's licences for a small sized passenger car with automatic transmission for persons with disabilities, proofs of physical condition issued by specialized healthcare entities designated by provincial healthcare agencies shall be submitted. (China 2016, art. 19)

The Regulation further provides the following definitions on identity documents under Article 103 of Chapter 7, entitled "Miscellaneous" [translation]:

For the purpose of this regulation, the following terms shall have the following definitions:

1.Identification shall mean:

1. Resident identification shall mean Resident Identification [Card] or Temporary Resident Identification [Card]. Residents living in a place other than their place of household registration shall submit their identification according to Article 19, Article 21, Article 22 and Article 83, i.e., Resident Identification [Card] or Temporary Resident Identification [Card] as well as a certificate of domicile issued by public security agencies;

…

3. For the identification of residents of Hong Kong and Macau, their identification shall mean a Mainland Travel Permit for Hong Kong and Macao Residents held at the time of entry, or a Travel Certificate of the People's Republic of China issued by the Ministry of Foreign Affairs, as well as Registration Proof of Accommodation issued by public security agencies;

4. For residents of Taiwan, their identification shall be the Mainland Travel Permit for Taiwan Residents, Travel Certificate of the People's Republic of China issued by the Ministry of Foreign Affairs, as well as Registration Proof of Accommodation issued by public security agencies;

5. For overseas Chinese compatriots, their identification shall be their Passport of the People's Republic of China as well as Registration Proof of Accommodation issued by public security agencies;

2.Address shall mean:

1. Resident address shall mean the address on the Resident Identification [Card] or Temporary Resident Identification [Card];

…

3.Foreign driver's licence shall mean a driver's licence for independent driving issued by authorities of a foreign country, Hong Kong Special Administrative Region, Macao Special Administrative Region, or Taiwan. (ibid., art. 103)

According to eBeijing, a website "authorized by the Beijing Municipal Government and organized jointly by the Foreign Affairs Office of the People's Government of Beijing Municipality and the Beijing Network Information Industry Office" with an aim "to serve the foreign community in Beijing" (China n.d.d), applicants who are holders of foreign driver's licenses must submit the following when applying for a Chinese driver's licence:

1.Driver's license application form

2.Applicant's original and photo copy identification documents

3.Original health certificate issued by hospital of county level or above. Holder of a valid foreign driver's license from foreign embassies, consulates and international organizations China's office needs not to provide health certificate.

4.Original foreign driver's license and photo copy. Driver's license in non-Chinese language must attach a Chinese translation.

5.5 1-inch color photos with a white background. (ibid. n.d.c)

3.3 Processing Time

According to the Regulation, [translation]

for applicants who meet the conditions of the application, sections responsible for vehicle management shall book an exam as per regulation; where an exam is exempted, a driver's licence shall be issued within 1 day. (China 2016, art. 25)

Without providing further details, eBeijing indicates that "[a]fter the applicant has passed all exams, the Motor Vehicle Administration will issue the driver's license within five business days" (China n.d.c). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.4 Fees

The Korea Herald, a Korea-based English-language newspaper (The Korea Herald n.d.), indicates that "[i]n China, …, getting a driver's license takes at least several months, with the cost [including tuition fees for driving lessons] ranging from 5,000 yuan [C$979] to 10,000 yuan" (ibid. 31 Aug. 2015). An article published on China Daily, an English-language news organization based in China (China Daily n.d.), states that "[i]n Shanghai, it takes at least three months and costs around 10,000 yuan to obtain a driver's licence, and more if the driver fails an exam or practical driving tests" (ibid. 20 July 2015). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Specifications

A sample of a 2010 mainland Chinese driver's licence, including its physical and anti-fraudulent features, available at the Council of the European Union's Public Register of Authentic travel and identity Documents Online (PRADO), is attached to this Response (Attachment 1). A sample of a 2003 mainland Chinese driver's licence, including a description of registered items, physical and anti-fraudulent features, available on the website Keesing Reference Systems, is also attached to this Response (Attachment 2).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] The Beijing Traffic Management Bureau is "subordinated to the Beijing Municipal Public Security Bureau" (China n.d.b). Its main functions include "issuing and renewing driving license [and] … dealing with various procedures of unusual change of motor vehicles and driving licneses (ibid.)

Reference

China. 29 January 2016. Ministry of Public Security. "Decree of the Ministry of Public Security of the People's Republic of China." No. 129. Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 8 Sept. 2016].

China. 2016. Ministry of Public Security. Regulation of Administration and Usage of Driver's Licence for Motor Vehicles. Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 8 Sept. 2016].

China. N.d.a. Beijing Traffic Management Bureau. "Holder of Foreign Driver's License Applying for a Driver's License." [Accessed 28 Sept. 2016]

China. N.d.b. Beijing Traffic Management Bureau. "About Us." [Accessed 28 Sept. 2016]

China. N.d.c. EBeijing. "Laowai Tries to Get the Chinese Driving License." [Accessed 28 Sept. 2016]

China. N.d.d. EBeijing. "About Us." [Accessed 28 Sept. 2016]

China Daily. 20 July 2015. "Driver's License Loophole Closed." (Factiva)

China Daily. N.d. "About Us." [Accessed 11 Oct. 2016]

The Korea Herald. 31 August 2015. "Easy Driving Test Attracts Chinese." (Factiva)

The Korea Herald. N.d. "Media." [Accessed 11 Oct. 2016]

Additional Sources Consulted

Internet sites, including: Asia Times; China - People's Government in cities of Beijing, Guangzhou, Shanghai, Shenzhen, Xiamen, and in the provinces of Guangdong and Hunan; ecoi.net; Global Times; The Globe and Mail; Peking University Law Database; Shanghai Daily; South China Morning Post; UN - Refworld; The Washington Times; Xinhua News Agency.

Attachments

1. Council of the European Union. N.d. Public Register of Authentic Travel and Identity Documents Online (PRADO). "Document: CHN-FO-02002." [Accessed 28 Sept. 2016]

2. Keesing Reference Systems. N.d. Driving License of the People's Republic of China. [Accessed 28 Sept. 2016]