A few days ago, the Provincial Public Security Department and the Provincial Department of Justice issued a notice on the "Working Standards for Lawyers' Inquiry of Population Information in Anhui Province." The
specification points out that in order to effectively maintain the security of citizen population information and fully protect the rights and interests of lawyers practicing law, in accordance with the " Resident Identity Card Law of the People's Republic of China ", " Lawyers Law of the People's Republic of China " and " Personal Information Protection Law of the People's Republic of China " 》 and other laws and regulations, formulate specifications. The specifications will be implemented from July 1, 2022.
Anhui Provincial Lawyers’ Working Standards for Inquiring Population Information
Article 1 In order to effectively safeguard the security of citizens’ population information and fully protect the rights and interests of lawyers in practicing law, in accordance with the "Resident Identity Card Law of the People's Republic of China", "Lawyers Law of the People's Republic of China" and " This specification is formulated in accordance with the provisions of the Personal Information Protection Law of the People's Republic of China and other laws and regulations.
Article 2: When lawyers handle legal affairs and need to inquire about the eight static items of household registration such as the name, gender, date of birth, ethnicity, citizenship number, household registration address, photo, and police station where the household registration is located, these standards shall apply.
Article Article 3 Lawyers who inquire about population information shall apply to the county-level public security agency where the law firm is located or where the household registration of the person being inquired is located and the household registration window unit of its dispatched office (hereinafter collectively referred to as the inquiry unit).
Article 4When inquiring about population information, a lawyer shall provide the original and copy of his/her lawyer's practicing certificate, a letter of introduction from the law firm, and one of the supporting materials including the investigation assistance letter from the People's Procuratorate or the People's Court, the official legal aid letter, and the client's power of attorney, and Fill in the "Population Information Inquiry Application Form" truthfully (see original text).
The letter of introduction from a law firm should indicate the lawyer's name, citizenship number, legal affairs handled, the citizenship number or name of the person being inquired, and should be stamped with the seal of the law firm.
Article 5: After the inquiry unit receives the application, the household registration police shall review the relevant materials. If the application materials are complete and meet the requirements, they should be processed on the spot.
Article 6 If has any of the following circumstances, the inquiry unit shall not accept the application, but shall explain the reasons and issue a "Notice of Non-Acceptance" (see original text).
(1) application materials are incomplete;
(2) Law firm introduction letter does not fill in the specific inquiry reason or does not have the seal of the law firm;
(3) application inquiry information exceeds eight static household registration items within the scope;
(4) The reason for applying for inquiry exceeds the need for undertaking legal affairs;
(5) The inquiry cannot be made due to vague or inaccurate information about the person being inquired;
(6) Others stipulated by laws and regulations are not allowed. Acceptance situation.
Article 7 After the application is accepted, if the permanent residence of the person being inquired is currently registered in Anhui Province, the inquiry can be made through the provincial or municipal population information system and other information systems; if the person is registered outside Anhui Province, the inquiry unit can be inquired through the ministerial level Population Information System Query.
Article 8: The query unit may feedback information query results in the form of oral notification, lawyer excerpts, etc. Lawyers are not allowed to take pictures of the system query result page. If the lawyer needs the inquiry unit to provide inquiry results, the inquiry unit shall issue a "Population Information Inquiry Result Notification" (see the original text), but shall not provide electronic documents of the inquiry information.
Article 9 query results should generally be issued on the spot. If the inquiry unit is indeed unable to provide inquiry results on the spot due to special circumstances such as system failure, it shall explain the reasons to the lawyer and provide the inquiry results within 5 working days after the special circumstances are eliminated.
Article 10 Inquiry units shall uniformly register and archive copies of lawyer's practice certificates, letters of introduction from law firms, "Application Form for Population Information Inquiry" and other application materials, as well as relevant materials collected during the inquiry process. The term is more than 10 years.
Article 11 Population information involves citizens’ privacy. Lawyers who apply for inquiry and police officers of the inquiry unit must keep it strictly confidential and shall not disclose it to the outside world.
will hold relevant units and personnel accountable in accordance with relevant laws, regulations, rules and industry standards for law firms or lawyers who submit false materials for population information inquiry or illegally leak or improperly use the results of population information inquiry.
will hold the relevant units and personnel accountable in accordance with relevant laws, regulations, and work standards for public security organs or police who issue inquiry results in violation of regulations or refuse to accept inquiry applications without legitimate reasons.
Article 12 Public security organs at all levels and judicial administrative organs shall strengthen cooperation and study and solve problems encountered in the investigation work through consultation and other means. The Provincial Department of Public Security and the Department of Justice will actively promote the construction of an Internet query mechanism and open online query channels in due course. Lawyers can log in to the relevant network systems and, after identity authentication, upload the reasons for the query and the required supporting materials to achieve self-service Inquire.
Article 13 Grassroots legal service workers who need to apply for population information inquiry because they are engaged in grassroots legal services should submit the application with their grassroots legal service worker's practicing certificate, letter of introduction from the legal service office, power of attorney from the party concerned, or official legal aid letter. The procedures and requirements for applying for inquiry can be implemented with reference to the above-mentioned lawyer inquiry regulations.
Article 14 This specification is interpreted by the Provincial Public Security Department in conjunction with the Provincial Department of Justice.
Article 15 This specification will be implemented from July 1, 2022. The "Notice of the Anhui Provincial Department of Public Security and the Anhui Provincial Department of Justice on Issues Related to Lawyers' Inquiry of Citizens' Household Registration Information" issued in 2015 (Wansitong [2015] No. 1) shall be abolished at the same time.
Attachment (read the original text and download):
1. Population information inquiry application form (style)
2. Notification of rejection (style)
3. Population information inquiry result notice (style)
Source: Provincial Department of Justice official website
Editor: Zhu Honggang
Proofreading: Fang Hang
Review: Xu Chunjie
Produced by Anhui Provincial Department of Justice
Welcome to submit to the email [email protected]
