Revised Measures for Overseas Talent Residence Permits of Shanghai Municipality

 2018-06-15  35


· Document Number:No. 32 [2015] of the Shanghai Municipal People's Government

· Area of Law: Real Estate

· Level of Authority: Local Regulatory Documents

· Date issued:07-20-2015

· Effective Date:07-01-2015

· Status: Effective

· Issuing Authority: People's Government of Shanghai Municipality

 

Notice of the Shanghai Municipal People's Government on Issuing the Revised Measures for Overseas Talent Residence Permits of Shanghai Municipality
(No. 32 [2015] of the Shanghai Municipal People's Government)
The people's governments of all districts and counties; and all commissions, offices and bureaus of the Shanghai Municipal People's Government:
The revised Measures for Overseas Talent Residence Permits of Shanghai Municipality are hereby issued to you for your earnest implementation. The former Notice of the Shanghai Municipal People's Government on Issuing the Measures for Overseas Talent Residence Permits of Shanghai Municipality (No. 39 [2013], Shanghai Municipal People's Government) is repealed concurrently.
Shanghai Municipal People's Government
July 20, 2015
Measures for Overseas Talent Residence Permits of Shanghai Municipality
Chapter I General Provisions
Article 1 (Objective)
These Measures are formulated for purposes of further intensifying the efforts to attract overseas talents, optimizing the talent environment, attracting more overseas talents to work or start businesses in Shanghai, and providing powerful talent support for Shanghai's economic and social development.
Article 2 (Eligible Persons)
These Measures shall apply to the persons who have a university diploma (bachelor's degree) or above or possess any special talent, and legally work or start businesses in Shanghai, including overseas Chinese students who have been naturalized as foreign nationals; foreign experts and other foreign high-level professionals; overseas Chinese students and other professionals who have no registered permanent residence in China but hold both Chinese passports and overseas permanent (long-term) residency; professionals of the Hong Kong Special Administrative Region or the Macao Special Administrative Region; and professionals of the Taiwan region.
The specific scope, conditions and other matters in respect of persons with special talent shall be determined by the Shanghai Municipal Human Resources and Social Security Bureau (Shanghai Administration of Foreign Experts Affairs) in conjunction with the relevant departments according to the actual needs of Shanghai's economic and social development.
Article 3 (Division of Work)
The Shanghai Municipal Human Resources and Social Security Bureau (Shanghai Administration of Foreign Experts Affairs) shall be in charge of accepting and reviewing the applications for overseas talent residence permits of Shanghai Municipality (hereinafter referred to as “overseas talent residence permits”) and other comprehensive administration work. The Shanghai Municipal Bureau of Public Security shall take charge of the production and issuance of overseas talent residence permits and other relevant work. The Shanghai Municipal Education Commission, the Shanghai Municipal Science and Technology Commission, the Shanghai Municipal Administration of Industry and Commerce, the Shanghai Municipal Commission of Commerce, the Shanghai Municipal Finance Bureau, the Shanghai Municipal Bureau of Local Taxation, the Shanghai Municipal Commission of Economy and Informatization, the Shanghai Municipal Health and Family Planning Commission, the Shanghai Head Office of the People's Bank of China, the Shanghai Branch of the State Administration of Foreign Exchange and other relevant departments shall, according to their respective functions and duties, effectively provide services and implement treatment in relation to these Measures.
Chapter II General Provisions on the Permits
Article 4 (Functions and Categories of the Permits)
Overseas talent residence permits are the certification for the holders to work, live and enjoy relevant treatment in this Municipality.
Overseas talent residence permits are divided into main permits and dependant permits. Eligible overseas talents may apply for main permits, and their spouses and children under 18 years of age or studying in senior high schools may apply for dependant permits.
Article 5 (Basic Information Contained on the Permit)
An overseas talent residence permit shall indicate the holder's name, sex, date of birth and nationality (region), type and number of the permit, recent photo, date of issuance, issuing authority, and period of validity, among others.
Article 6 (Period of Validity)
An overseas talent residence permit shall be valid for one to five years or for ten years.
The Shanghai Municipal Human Resources and Social Security Bureau (Shanghai Administration of Foreign Experts Affairs) shall determine the period of validity of an overseas talent residence permit according to the applicant's age, academic diploma and degree, category of specialty, job qualifications, valid identity certificate, permit for working (employment) in China, duration of the employment (labor) contract, job position and other conditions.
Chapter III Application for and Handling of the Permit
Article 7 (Application)
The Shanghai Municipal Human Resources and Social Security Bureau (Shanghai Administration of Foreign Experts Affairs) shall authorize the Shanghai Municipal Talent Service Center and other acceptance institutions to undertake the specific work on the acceptance of the applications for overseas talent residence permits.
If it is necessary to apply for an overseas talent residence permit, the employer of the applicant shall apply to the acceptance institution.
Article 8 (Application Materials)
To apply for an overseas talent residence permit, the following materials shall be provided:
(1) An application form.
(2) Valid identity certificate.
(3) Diploma and degree certificates, professional and technical certificates or other proof materials on business performance.
(4) Proof of domicile in this Municipality.
(5) Valid proof on health status.
(6) Employment (labor) contract.
(7) Proof of legal status of the employer, or proof of venture capital investment and other materials.
(8) Proof of individual income tax clearance for the period of work (employment).
(9) Other necessary proof materials.
The employer and the applicant shall be responsible for the authenticity of the application materials.
Article 9 (Acceptance and Transfer of Materials)
An acceptance institution shall, after receiving the application materials, issue a written notice of acceptance on the spot if the application materials are complete and in statutory formats, or issue a written notice on supplements and corrections on the spot and notify the applicant of all necessary supplements and corrections at one time if the application materials are incomplete or not in statutory formats.
An acceptance institution shall, within two working days of acceptance of an application, transfer the application information and materials to the Shanghai Municipal Human Resources and Social Security Bureau (Shanghai Administration of Foreign Experts Affairs).
Article 10 (Review)
The Shanghai Municipal Human Resources and Social Security Bureau (Shanghai Administration of Foreign Experts Affairs) shall complete the review within seven working days of receipt of the application information and materials. If the application information and materials meet the requirements, a written processing notice shall be issued; otherwise, the applicant shall be informed of the inconformity in writing.
Article 11 (Issuance, Production and Granting of the Permit)
Overseas talent residence permits shall be issued in a unified manner by the Shanghai Municipal Bureau of Public Security. If the conditions for granting a permit are satisfied upon review, the permit production department of the Shanghai Municipal Bureau of Public Security shall complete the production of the permit within ten working days, and the Exit-Entry Administration Bureau of the Shanghai Municipal Bureau of Public Security shall be responsible for granting the permit.
Article 12 (Information Change)
Where a permit holder changes his or her employer or identity certificate number or any other relevant information, the employer shall undergo the information change formalities at an acceptance institution within 30 days on the basis of the relevant proof materials.
Article 13 (Permit Renewal and Replacement)
If the permit holder needs to renew and replace the permit upon expiration of the period of validity of the permit, the employer of the permit holder shall, within 30 days before the period of validity expires, undergo the renewal and replacement formalities for the permit holder. If the permit fails to be renewed and replaced within a prescribed time limit, the initial application process shall be gone through once again.
Article 14 (Reporting a Loss and Re-issuance)
Where a permit is lost, the employer of the permit holder shall report a loss and apply for re-issuance to the acceptance institution.
Article 15 (Cancellation)
Where a permit holder undergoes any change so that he or she is no longer qualified for applying for an overseas talent residence permit, or the permit holder obtains the overseas talent residence permit by providing false materials in the process of application, the public security organ shall cancel his or her permit.
Article 16 (Legal Liability)
Employers and applicants shall comply with the relevant laws and regulations. Where any employer or applicant forges, alters or uses forged or altered proof materials in the process of application, the Shanghai Municipal Human Resources and Social Security Bureau (Shanghai Administration of Foreign Experts Affairs) may, according to the severity of the circumstances, suspend or cancel the application qualification. The employers and applicants in violation of any law shall assume corresponding legal liability according to the law.
Chapter IV Treatment for Permit Holders
Article 17 (Residence Permit)
Where a permit holder has a foreign nationality, he or she may, according to the relevant provisions, apply for a residence permit with the period of validity as same as that of the overseas talent residence permit.
Article 18 (Exemption from Employment Permit)
A permit holder who is an overseas Chinese student and has been naturalized as foreign national or has obtained a foreign (overseas) permanent (long-term) residency may be exempt from other employment permits.
Article 19 (Starting a Business)
A permit holder may, in such ways as technology investment or capital investment, start a business in this Municipality.
Article 20 (Employment by Administrative Organs)
A permit holder may, with the approval of the competent authority of this Municipality, be employed by an administrative organ by means of short-term employment or project-based employment, among others.
Article 21 (Social Insurance)
Where a permit holder works in Shanghai, he or she shall participate in the social insurance of this Municipality according to the relevant provisions of the state and this Municipality; and his or her unemployed spouse and any child under 18 years of age or studying in a senior middle school may participate in the basic medical insurance for urban residents of this Municipality and enjoy the corresponding treatment.
Article 22 (Children's Education)
Where the child of a permit holder is in preschool education or compulsory education period, the educational administrative department at the place of residence may, according to the relevant provisions of this Municipality, handle the enrollment formalities under the principle of admission into the nearest school.
Where a permit holder is an overseas Chinese student, and his or her child has lived in a foreign country for five years or more and takes part in the examination of this Municipality for admission from junior high school to senior high school within the period of adapting to inland language (three years), the bottom mark for enrollment may be appropriately lowered. His or her child who had studied in a senior high school of this Municipality and acquired the graduation diploma for senior high school may register for examination for enrollment in institutions of higher learning of this Municipality in accordance with the relevant provisions.
Article 23 (Qualification Appraisal, Examination and Registration)
A permit holder may, according to the relevant provisions of the state and this Municipality, participate in the appraisal or examination of this Municipality for acquiring the qualification for holding a specialized technical post, and the professional qualification examination or registration.
Article 24 (Foreign Currency Exchange)
Where a permit holder has paid taxes as legally required and acquired the relevant tax payment vouchers and other relevant proof materials issued by a taxation authority, he or she may, in accordance with the relevant provisions on foreign exchange administration, convert the legitimate income obtained during the period of his or her residence in this Municipality into foreign currencies and remit them abroad.
Article 25 (Applying for a Driving License)
A permit holder may, in accordance with the relevant provisions of the state and this Municipality, apply for obtaining or replacing a motor vehicle driving license, and undergo motor vehicle registration formalities in this Municipality.
Article 26 (Participating in Competitive Selection and Commendation)
A permit holder may participate in the relevant competitive selection and commendation of this Municipality according to relevant provisions and enjoy the corresponding treatment.
Chapter V Supplementary Provisions
Article 27 (Transitional Clauses)
After the implementation of these Measures, the original Shanghai Residence Permit (B) shall remain valid within its period of validity, and the renewal formalities may be undergone in accordance with these Measures upon expiration.
Article 28 (Detailed Operating Rules)
The Shanghai Municipal Human Resources and Social Security Bureau (Shanghai Administration of Foreign Experts Affairs) shall develop detailed operating rules in according with these Measures.
Article 29 (Effective Date)
These Measures shall come into force on July 1, 2015, and shall be valid until June 30, 2020.