Ordinary people are not allowed to inquire. They can only entrust a lawyer to inquire.
According to the relevant provisions of the Lawyers Law, lawyers have the right to investigate. However, there are still problems of inconsistency and inconsistency in implementation, such as going to the police station to inquire about the household registration information of the permanent population and the household registration information of the floating population.
Some police stations do not allow inquiries, some police stations require inquiries to the place of residence, and some cannot inquire information about household registration in other places, such as marriage registration information.
Currently, you can only inquire about the city and district. Those from other places need to go to other places to inquire. For example, industrial and commercial registration information can only be inquired in each district or county.
The "Beijing Municipal Public Security Bureau's Working Standards for Providing Household Registration Services for Inquiry of Population Information to External Parties (Trial)" clearly stipulates that lawyers have the right to obtain the household registration information of the parties.
1. Materials required for lawyers to obtain household registration information
If a law firm needs to inquire due to undertaking legal affairs, the law firm shall indicate the name of the appointed lawyer, the reason for inquiry and add Letter of introduction stamped with the law firm's seal, the client's "Entrustment Agreement" and its copy, "Lawyer's Practice Certificate" and its copy, and the lawyer's "Resident Identity Card".
2. There are no geographical restrictions for lawyers to obtain household registration information
The household registration reception room is responsible for accepting and providing external household registration services for checking population information. The first-receiver responsibility system is implemented, and mutual shirk is not allowed. No geographical restrictions.
3. Content scope of inquiry:
As law firms handle legal affairs inquiries, they can provide name, gender, age, household registration address, ethnicity, ID number, education level, etc. content.
IV. Method of providing information
Population information query results:
(1) Verbal notification;
(2) Paper Provided to the outside world in qualitative form.
Extended information:
Article 1: In order to maintain the security of citizens’ population information and protect lawyers’ rights and interests in practicing law, in accordance with the Lawyers Law of the People’s Republic of China and other relevant laws and regulations stipulate and formulate this specification.
Article 2: To handle legal matters, lawyers need to inquire about the name, gender, date of birth, ethnicity, citizenship number, permanent residence registration address, photo, police station where the residence is located, and other permanent population information registration items of the relevant personnel. content, this specification shall apply.
Article 3 When a lawyer inquires about population information, he or she shall issue his/her lawyer's practicing certificate and a law firm certificate indicating the lawyer's name, specific reason for inquiry, and stamped with the seal of the law firm, or the People's Procuratorate or the People's Court assisting in the investigation. letter, and truthfully fill out the "Application Form for Issuance of Population Information Inquiry Certificate".
Article 4 When a lawyer inquires about population information, he or she shall contact the police station where the law firm is located or where the household registration of the person being inquired is located (including the household registration processing center, registration center and other institutions set up by the public security organs, the same below).
Or apply to the household registration management department of the county-level public security organ (hereinafter collectively referred to as the inquiry unit); if you need to inquire about content other than the registration items specified in Article 2, you should apply to the police station where the person's household registration is located.
Article 5: After receiving the application, the inquiry unit shall review the relevant materials. If the application materials are complete and meet the requirements, they shall be accepted.
Article 6 If any of the following circumstances exists, the inquiry unit may not accept the application, but shall explain the reasons:
(1) The application materials are incomplete;
(2) The law firm certifies that the specific reason for inquiry has not been filled in or the seal of the law firm has not been affixed;
(3) The reason for applying for inquiry is not required for undertaking legal affairs;
< p>(4) The information applied for inquiry is not within the scope of household registration information;(5) The name and citizen identity number of the person being inquired are unknown and cannot be inquired;
(6) Other circumstances that will not be accepted.
Article 7 After the application is accepted, if the permanent residence of the person being inquired is currently registered in another province, the inquiry unit shall inquire through the National Population Information Application Portal and other information systems; if the person is registered in our province, the inquiry unit shall inquire through the provincial portal. Information system query such as information management system.
When a lawyer applies to the police station where the person under inquiry is located to inquire about household registration information, the inquiry unit shall, in addition to checking the population information system, also check the permanent population registration form, household registration files and other materials of the person under inquiry.
When necessary, investigation and verification can be carried out based on the needs of the inquiry and certificate issuance work.
Article 8 Information query results can be provided in the form of oral notification, excerpts from the queryer, etc. If the inquirer needs the inquiry unit to provide proof of inquiry, it can be provided in paper form, but electronic documents of the inquiry information are not allowed.
The inquiry certificate issued by the inquiry information system of the inquiry unit shall provide the contents of the population information registration items of the person being inquired, and shall be stamped with a special seal for household registration.
When the inquiry unit inquires about the household registration information, in addition to providing the contents of the population information registration items of the person being inquired, it should also provide the contents of the corresponding household registration items of the person being inquired according to the needs of the specific inquiry.
After receiving the inquiry certificate, the lawyer should sign the "Application Form for Issuing a Population Information Inquiry Certificate".
Article 9: If the investigation results are inconclusive due to reasons such as vague or inaccurate information about the person being inquired provided by the lawyer, the inquiry unit may notify orally or issue a certificate that there are no inquiry results.
Article 10 The certificate of inquiry results shall generally be issued on the spot.
If it is indeed impossible to provide the query results on the spot due to special circumstances such as file management, investigation and verification, the applicant shall be informed of the reasons and provide the query results within 5 working days.
Article 11 The "Application Form for Issuance of Population Information Inquiry Certificate" and the law firm's certificate and other application materials, as well as related materials collected during the inquiry process, shall be archived by the inquiry unit for future reference. The archiving period is generally not long. in 2 years.
Article 12 Population information and household registration information involve citizens’ privacy. Lawyers who apply for inquiry and staff of the inquiry unit shall strictly keep it confidential and shall not disclose it to the outside world in violation of laws or regulations.
Relevant units and personnel who leak citizens’ personal information, conduct illegal inquiries, or issue certificates in violation of regulations will be held accountable in accordance with relevant laws and regulations.
Article 13 If a lawyer needs to inquire about the residence registration information of the floating population in the province due to handling legal affairs, he may refer to these regulations.
If grassroots legal service workers need to engage in grassroots legal services and apply for population information inquiry with their legal service worker's practicing certificate and other certificates and certification materials, the procedures and requirements for application inquiry can refer to the above lawyer inquiry Provisions are enforced.
Reference material: Zhejiang Provincial Public Security Department - Notice of "Standards for Lawyers' Inquiry of Population Information"