What follows is an unofficial translation of the Notary Department of the Ministry of Justice of the People’s Republic of China, Notice Regarding Handling Certificates of No Criminal Conviction for Foreigners’ Periods of Residence in China (关于办理外国公民在华居住期间是否受过刑事制裁证明的通知), Dept. Doc. No. 55 (May 15, 1990), available at China Court Laws and Regulations Index, http://fgcx.bjcourt.gov.cn:4601/law?fn=chl341s663.txt&truetag=2&titles=&contents=&dbt=chl.
Title: Notice Regarding Handling Certificates of No Criminal Conviction for Foreigners’ Periods of Residence in China
Rule Number: Dep’t Doc. No. 55
Date of Issuance: 1990-05-15
Issued by: Ministry of Justice, Notary Dep’t
Notice Regarding Handling Certificates of No Criminal Conviction for Foreigners’ Periods of Residence in China
To unify the procedures and requirements for the application for a notarial Certificate of No Criminal Conviction (CNCC) filed by foreigners who have resided in China, we hereby announce the following rules:
1. Foreign nationals who have resided in China for more than 6 months may apply for notarial CNCC covering the period of their stay in China at a notary office in the city where they last resided. At the notary office, foreigners shall bring with them evidence that shows their identity, when and where they have lived in China, and where they have worked or studied in China.
1.1 Upon the acceptance of the application for notarial CNCC filed by foreigners who have worked or gone to school in China, the notary office shall carry out an investigation with the employer such foreigners have worked for or the school they have studied at. The employer or school shall issue a certificate explaining whether the foreigners have been convicted of any crime during the period of their employment or study. Then, the notary office shall issue the notarial CNCC covering the period of their stay in China based on the employer letter or school letter. (See attachment 1 and attachment 2 for sample formats.)
1.2 Upon acceptance of application for notarial CNCC filed by foreigners who have worked at any foreign embassy, consulate or organization in China and who do not enjoy diplomatic immunity, the notary office shall carry out an investigation with the public security bureau of county level, municipal level or higher level. Such public security bureau shall issue a letter explaining if the foreigner has been convicted of any crime during the period of employment at the embassy, consulate or foreign organization in China. Then, the notary office shall issue a notarial CNCC based on the police letter. (See attachment 3 and 4 for sample formats of notarial CNCCs issued to foreign citizens who have worked at foreign embassies and consulates. Foreign citizens who have worked for foreign organizations in China are issued notarial CNCCs in the same format of Attachment 1 and 2.) If necessary, notary organizations can also verify with people’s courts regarding whether the applicant for a notarial CNCC has been convicted of any criminal offense.
2. Notary offices shall not accept applications for CNCCs filed by diplomatic or consular officials who have worked at any foreign embassy or consulate or from their family members who enjoy diplomatic immunity. However, if a consular officer has been convicted of any criminal offense by China judicial organs, a notary certificate of criminal conviction can be issued to the consular officer. (See attachment 4 for a sample format.)