Civil Records in China (II)

 

 

Keywords:   Police Record, Prison Record, Military Record, Marriage and Death Certificates, Divorce Decree, Court Record,

                    Notarial Work Experience Record

 

Police Record

 

Generally available, reliable. Persons should apply for a certificate of no criminal record at the local Public Security Bureau (PSB) (or certain types of employers such as state owned enterprises), then make application to the notary office for a certificate based on the PSB document.  Persons without a criminal record will be able to obtain a certificate to that effect.  Certificates for individuals with one or more criminal convictions will list all convictions for which records still exist. The certificates purport to reflect all criminal convictions during residence in China. Police records are generally not available for the period prior to 1949.  Police records also are not available for those who were in China in diplomatic status including those working for international organizations such as the United Nations. Notarial police certificates are based in part upon records from an individual's employer. If an employer refuses to release records, the notarial office is not able to issue a certificate.  This is the case for persons sent abroad for education by the Chinese Government who fail to return to China.

 

According to a 1957 state council ruling that is still in force, the imposition of a re-education through labor (Lao Dong Jiao Yu) term does not result from a criminal conviction. Administrative organs, rather than courts, impose re-education through labor.  It is important to distinguish re-education through labor from labor reform (Lao Dong Gai Zao), which is a sentence meted out for criminal offenses.

 

Prison Record

 

See Court Record below.

 

Military Record

 

Generally not available.

 

Marriage and Death Certificates

 

Available in the form of notarial marriage certificates (Jie Hun Gong Zheng [or Zheng Wing] Shu) or death certificates which are generally reliable.

 

Divorce Decrees

 

Available. Notarial offices will issue notarial divorce certificates based upon extant records to confirm either a court-decreed or uncontested divorce.  In an uncontested divorce, a couple can obtain a divorce certificate from the marriage registration office in the neighborhood where they reside.  In a contested divorce, both parties will receive a copy of the formal divorce decree from the court at the time the divorce is approved. If the original decree is lost, the same court will often issue a duplicate, but these various decrees or certificates should not be accepted in lieu of the notarial certificates.

 

Court Record

 

Available in most cases. Normally, when someone is tried by a people's court or by an organ of the executive branch of government, some record remains of the case even for a political crime. In some instances, the entire formal court verdict (Pan Jue Shu) is available upon request by the former defendant.  In other cases, the court can provide only a synopsis of the charges and the verdict. In all instances, it is necessary to have the applicant request court records.  If an applicant is unable to secure court records, the U.S. Embassy in Beijing, or the posts in China with jurisdiction over the area where the record is located can contact the appropriate provincial foreign affairs office and request assistance in securing records. It is not advisable for other U.S. officials to contact courts directly.  Most court records will also indicate the original sentence, the actual sentence served and any reduction or commutation of the original sentence. Court records are generally not available for the period prior to 1949.

 

Notarial Work Experience Certificate

 

Available. Notarial Work Experience Certificates (NWECS) briefly describe an applicant's work experience in the PRC. They should be required of all employment based preference immigrant applicants who claim work experience in China.  Employer's letters or sworn statements from persons claiming person’s knowledge should not be accepted in lieu of NWECS. The inability of an applicant to obtain a NWEC should be regarded as prima facie evidence the applicant does not possess the claimed experience.

 

Source: http://shenyang.usembassy-china.org.cn/civil_records_china.html

 

 

 

 

 

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