Delta Law Expat Services Desk ｜ Permanent Residence ID Card for Foreign Nationals（《中华人民共和国外国人永久居留身份证》）, new format issued from 2023-12-01; statutory basis in the Exit and Entry Administration Law, art. 48 and Order No. 74, art. 3
- The proposition that the card may be used on its own is not new. Article 3 of Order No. 74 has said so since 2004; the 2023 redesign changed the card, not the rule.
- Article 48 of the Exit and Entry Administration Law is the statutory anchor, and it also fixes the first limit: for exit and entry, the passport is still required alongside the card.
- The scenarios stated in the National Immigration Administration's own 2023 notice are hotel registration, buying travel tickets, and handling transport, consumption and financial matters online.
- Since December 2024 the amended social insurance measures expressly place a permanent residence document holder within "foreign nationals employed in China", so the card carries obligations as well as convenience.
- Where a card is not accepted, the analysis splits: refusal by an administrative organ and refusal by a company are different in kind, and only the first engages administrative review.
1. The document at a glance
| Item | Content |
|---|---|
| Full title | Permanent Residence ID Card for Foreign Nationals of the People's Republic of China（《中华人民共和国外国人永久居留身份证》）, informally the "five-star card"（「五星卡」） |
| Document number | Not a document number: the card's function is set by the Exit and Entry Administration Law, art. 48, and Order No. 74 of the Ministry of Public Security and Ministry of Foreign Affairs, art. 3; the new format was announced by the National Immigration Administration on 2023-09-15 |
| Adopted / promulgated | Order No. 74 approved by the State Council 2003-12-13, promulgated and effective 2004-08-15; Exit and Entry Administration Law adopted and promulgated 2012-06-30 |
| Current version in force from | New-format card issued from 2023-12-01; the current-format card remains usable within its validity period |
| Issuing authority | National Immigration Administration（国家移民管理局） |
| Official text | https://www.nia.gov.cn/n741440/n741542/c1599039/content.html |
| What this page covers | What the card can be used for on its own, on what legal basis, and the points at which its scope stops |
2. The rule is older than the card
The "five-star card" is a redesign announced by the National Immigration Administration on 2023-09-15 and issued from 2023-12-01; the informal name comes from the five-star element added to the design, and the State Council portal's own explainer of 2023-12-01 records the first fifty holders receiving it that day. What the redesign did not do is change the document's legal character, which was fixed two decades earlier.
第三条 《外国人永久居留证》是获得在中国永久居留资格的外国人在中国境内居留的合法身份证件，可以单独使用。
Article 3: The Permanent Residence Card for Foreign Nationals is the lawful identity document, for residing within China, of a foreign national who has obtained permanent residence status; it may be used on its own.
Unofficial translation; the Chinese text as officially published prevails.
Two words in that sentence do the work. 「合法身份证件」 — a lawful identity document — and 「可以单独使用」 — it may be used on its own, meaning without producing a passport alongside it. Note also that Order No. 74 uses its own 2004 name for the document, 《外国人永久居留证》, which is not the name of the card issued today. This page keeps each text's own name rather than substituting one for another.
The statute above Order No. 74 states the same position and, in the same sentence, its first limit.
第四十八条 取得永久居留资格的外国人，凭永久居留证件在中国境内居留和工作，凭本人的护照和永久居留证件出境入境。
Article 48: A foreign national who has obtained permanent residence status may reside and work within China on the strength of the permanent residence document, and may exit and enter the country on the strength of the person's passport together with the permanent residence document.
Unofficial translation; the Chinese text as officially published prevails.
The article divides the world in two. Inside China, for residing and working, the permanent residence document stands alone. At the border, it does not: exit and entry require the passport and the permanent residence document together. That is the clearest statutory boundary of standalone use, and it is stated in the same sentence as the grant.
3. What the administration itself says the card does
永居证是国家移民管理局对符合条件的外国人批准其在境内永久居留后，为其签发的法定身份证件。该证作为个人身份证件可单独使用，持证人可在住宿登记、购买车（船、机）票等需要证明个人身份的场合作为合法凭证，无须再出示其外国护照。
新版永居证在保持现版基本式样的基础上……新证启用后，持证人可通过互联网平台线上办理交通出行、生活消费、金融等私人事务，将进一步便利持证人在境内工作、学习、生活。
The permanent residence card is the statutory identity document issued by the National Immigration Administration to a foreign national approved for permanent residence within China. As a personal identity document it may be used on its own: the holder may use it as a lawful credential in situations requiring proof of personal identity, such as accommodation registration and the purchase of vehicle, vessel and air tickets, without needing to produce a foreign passport. … Once the new-format card is in use, the holder may handle private matters such as transport, everyday consumption and financial matters online through internet platforms, further facilitating the holder's work, study and life within China.
Unofficial translation; the Chinese text as officially published prevails.
Two categories are named: identity verification in person, of which accommodation registration and ticket purchase are the stated examples; and online handling of private transport, consumption and financial matters. The wording 「等需要证明个人身份的场合」 is open-ended — those are examples, not an exhaustive list — but it is also not a schedule of rights, and it does not itself impose a duty on any counterparty to accept the card.
4. Where the card meets a legal duty, not a convenience
One of the named scenarios is a statutory obligation rather than a service, and it is worth seeing why.
第三十九条 外国人在中国境内旅馆住宿的，旅馆应当按照旅馆业治安管理的有关规定为其办理住宿登记，并向所在地公安机关报送外国人住宿登记信息。
外国人在旅馆以外的其他住所居住或者住宿的，应当在入住后二十四小时内由本人或者留宿人，向居住地的公安机关办理登记。
Article 39, paragraph 1: Where a foreign national stays at a hotel within China, the hotel shall handle accommodation registration in accordance with the relevant public order administration rules for the hotel industry and shall report the foreign national's accommodation registration information to the local public security organ. Paragraph 2: Where a foreign national resides or stays at a place other than a hotel, the person or the host shall register with the public security organ of the place of residence within twenty-four hours of taking up occupancy.
Unofficial translation; the Chinese text as officially published prevails.
Accommodation registration is an obligation owed by the hotel and, off-premises, by the person or the host. The card's standalone character is what allows that obligation to be discharged without producing a passport; it does not alter who owes the obligation or whether it applies. The same logic runs through the other scenarios: the card is the means of proving identity where identity has to be proved.
The employment side has moved further, and in the direction of duty.
二、将第二条修改为“在中国境内就业的外国人，是指依法获得《中华人民共和国外国人工作许可证》、《外国常驻记者证》等就业证件和外国人居留证件，以及持有外国人永久居留证件，在中国境内合法就业的非中国国籍的人员。”
四、将第十一条第二款修改为“用人单位招用未依法办理就业证件或者持有外国人永久居留证件的外国人的，按照《外国人在中国就业管理规定》处理。”
Item 2: Article 2 is amended to read: "A foreign national employed within China means a person of non-Chinese nationality who has lawfully obtained employment documents such as the Work Permit for Foreigners in the People's Republic of China or the Foreign Resident Correspondent Certificate together with a foreigner's residence permit, or who holds a foreigner's permanent residence document, and who is lawfully employed within China." Item 4: Article 11, paragraph 2 is amended to read: "Where an employing unit engages a foreign national who has not lawfully obtained employment documents, or who holds a foreigner's permanent residence document, the matter shall be handled in accordance with the Rules on the Administration of Employment of Foreigners in China."
Unofficial translation; the Chinese text as officially published prevails.
Item 2 is the substantive point for a holder: a permanent residence document holder in lawful employment falls within the definition of a foreign national employed in China, and the participation obligations of the Measures apply accordingly. Item 4's word order is capable of being read in more than one way — whether the two limbs are alternatives describing two situations, or otherwise — and this page reproduces it without resolving that.
5. When the card is not accepted
The most common practical complaint is not about the law but about a counter: a system that cannot read the card, or a member of staff who asks for a passport. The legal analysis depends entirely on who is refusing.
Where the counterparty is a company — a bank, a hotel chain, a platform, a landlord — the refusal is not an exercise of public power. It is a matter between private parties, governed by whatever legal relationship exists between them, and neither Order No. 74 nor Article 48 converts it into something else. No currently published text imposes a general duty on private counterparties to accept the card, and this page does not assert one.
Where the counterparty is an administrative organ, the position is different in kind, because an administrative act is involved.
第十一条 有下列情形之一的，公民、法人或者其他组织可以依照本法申请行政复议：
（三）申请行政许可，行政机关拒绝或者在法定期限内不予答复，或者对行政机关作出的有关行政许可的其他决定不服；……
（十一）申请行政机关履行保护人身权利、财产权利、受教育权利等合法权益的法定职责，行政机关拒绝履行、未依法履行或者不予答复；……
（十五）认为行政机关的其他行政行为侵犯其合法权益。
Article 11: A citizen, legal person or other organisation may apply for administrative reconsideration under this Law in any of the following: … (3) where an application for an administrative licence is refused by the administrative organ or not answered within the statutory period, or the applicant disagrees with another decision of the organ relating to the licence; … (11) where the applicant has applied to an administrative organ to perform a statutory duty to protect personal rights, property rights, the right to education or other lawful rights and interests, and the organ refuses to perform, fails to perform in accordance with law, or does not answer; … (15) where the applicant considers that another administrative act of an administrative organ infringes its lawful rights and interests.
Unofficial translation; the Chinese text as officially published prevails.
Article 11 sets out categories, not outcomes. Whether a particular refusal falls within one of them depends on what the organ was being asked to do and how its response is characterised — questions of legal assessment on the facts. This page identifies the framework and expresses no view on how any individual case would be decided; all procedural matters are subject to the current published requirements of the accepting authority.
A third situation should be distinguished from both: a card presented after its validity period, or a current-format card whose holder has not sought the new format. The 2023 notice states that the current-format card remains usable within its validity period and that a holder may apply for the new format as and when the holder chooses. A card outside its validity period is a different question again, and not one about acceptance.
6. Who runs into this, and how it is used
Three groups meet these provisions: long-term holders assessing what the card lets them do without a passport; employers whose staff include permanent residents and who need to place them correctly under the amended social insurance definition; and holders who have met a refusal and need to know whether there is anything to challenge.
- Misconception: The 2023 redesign gave the card new legal standing. In fact: Article 3 of Order No. 74 has provided since 2004 that the document may be used on its own; the redesign changed the card's format and technical features.
- Misconception: A permanent resident no longer needs a passport. In fact: Article 48 of the Exit and Entry Administration Law requires the passport together with the permanent residence document for exit and entry. The standalone use is for residing and working within China.
- Misconception: A company that refuses the card is acting unlawfully. In fact: refusal by a private counterparty is not an administrative act, and no currently published text imposes a general duty on private counterparties to accept the card. Refusal by an administrative organ is a different question, assessed under the Administrative Reconsideration Law.
- Misconception: The card is purely a convenience. In fact: since the amendment of 2024-12-23, holding a permanent residence document places a person in lawful employment within the definition of a foreign national employed in China for social insurance purposes.
- Separate what Article 48 permits inside China from what it requires at the border, and check that travel arrangements account for the passport requirement on exit and entry.
- Check which official text is being relied on for any asserted use of the card, since the scenarios stated in the National Immigration Administration's own notice are narrower than the lists that circulate.
- For an employer, place permanent residence document holders correctly under Article 2 of the amended Social Insurance Measures, and assess participation obligations accordingly rather than treating the card as an exemption.
- On a refusal, identify the counterparty first — administrative organ or private party — because that determines whether any framework of administrative review is engaged at all.
- Quote each source under its own document name: Order No. 74's own term, the statutory term in Article 48, and the current card name are three different labels for one status and should not be substituted for one another in a legal analysis.
- Laws and Regulations index
- Arrive · Visas, Work Permits & Permanent Residence
- Own · Buying Property in China as a Foreigner
- Permanent Residence in China: What the 2004 Approval Measures Actually Require, and Why the 2020 Draft Regulations Are Not the Law
- Social Insurance for Foreign Employees in China: Mandatory Participation, Bilateral Treaty Exemptions, and What Order No. 54 Changed in December 2024
- 国家移民管理局《国家移民管理局发布新版外国人永久居留身份证》，2023 年 9 月 15 日发布，自 2023 年 12 月 1 日起签发启用新版。https://www.nia.gov.cn/n741440/n741542/c1599039/content.html
- 《图表：新版外国人永久居留身份证「五星卡」签发启用》，中国政府网 2023 年 12 月 1 日。https://www.gov.cn/zhengce/jiedu/tujie/202312/content_6918043.htm
- 《外国人在中国永久居留审批管理办法》，公安部、外交部令第 74 号，2003 年 12 月 13 日经国务院批准，2004 年 8 月 15 日公布施行，全文 29 条，至今未修正。本文引用其第三条。官方原文 https://www.gov.cn/gongbao/content/2005/content_64214.htm
- 《中华人民共和国出境入境管理法》，主席令第五十七号，2012 年 6 月 30 日通过并公布，2013 年 7 月 1 日施行，全文 93 条，至今未修正。本文引用其第三十九条、第四十八条。
- 《人力资源社会保障部关于修改〈在中国境内就业的外国人参加社会保险暂行办法〉的决定》，人社部令第 54 号，2024 年 12 月 23 日公布并自公布之日起施行。本文引用其决定第二项、第四项。官方原文 https://www.gov.cn/gongbao/2025/issue_11806/202501/content_6999379.html
- 《中华人民共和国行政复议法》，2023 年 9 月 1 日第十四届全国人民代表大会常务委员会第五次会议修订，自 2024 年 1 月 1 日起施行。本文引用其第十一条。官方原文 https://www.mee.gov.cn/ywgz/fgbz/fl/202312/t20231205_1058240.shtml
- Status and timing note 效力与时点提示：Order No. 74 has stood unamended since 2004-08-15 and the Exit and Entry Administration Law since 2013-07-01. The new-format card has been issued since 2023-12-01, and the current-format card remains usable within its validity period. No officially published text enumerating a wider list of sectors in which the card may be used on its own could be obtained as at 2026-09-05, and none is reproduced here. All procedural matters are subject to the current published requirements of the accepting authority.
This article is general legal research and does not constitute legal advice; by law, a law firm may not guarantee case outcomes. 本文为一般性法律研究，不构成法律意见；依据法律规定，律所不得承诺办案结果。
