Regulation of Shanghai Municipality on the Protection of the Rights and Interests of Overseas Chinese

 2018-05-23  38


Regulation of Shanghai Municipality on the Protection of the Rights and Interests of Overseas Chinese


· Document Number:Announcement No. 46 of the Standing Committee of the People's Congress of Shanghai Municipality

· Area of Law: Overseas Chinese Affairs

· Level of Authority: Provincial Local Regulations

· Date issued:09-14-2016

· Effective Date:12-01-2016

· Status: Effective

· Issuing Authority: Shanghai Municipality People's Congress (incl. Standing Committee)

 

Announcement of the Standing Committee of the People's Congress of Shanghai Municipality
(No. 46)
The Regulation of Shanghai Municipality on the Protection of the Rights and Interests of Overseas Chinese, as adopted at the 32th session of the Standing Committee of the Fourteenth People's Congress of Shanghai Municipality on September 14, 2016, is hereby issued, and shall come into force on December 1, 2016.
Standing Committee of the People's Congress of Shanghai Municipality
September 14, 2016
Regulation of Shanghai Municipality on the Protection of the Rights and Interests of Overseas Chinese
(Adopted at the 32th session of the Standing Committee of the Fourteenth People's Congress of Shanghai Municipality on September 14, 2016)
Article 1 In order to protect the lawful rights and interests of overseas Chinese, and maximize the role of overseas Chinese in the economic and social development of this Municipality, this Regulation is developed in accordance with the Constitution and the relevant laws and administrative regulations and in the light of the actual circumstances of this Municipality.
Article 2 For the purpose of this Regulation, “overseas Chinese” means Chinese citizens who settle abroad. The determination that a Chinese citizen settles abroad shall be governed by the relevant provisions of the state.
Article 3 The protection of the rights and interests of overseas Chinese shall observe the principle of equal protection. Overseas Chinese shall enjoy the rights and fulfill the obligations as provided in the Constitution and other laws.
Article 4 The people's governments at all levels in this Municipalityshall attach importance to and strengthen the protection of the rights and interests of overseas Chinese, and effectively safeguard the lawful rights and interests of overseas Chinese.
The overseas Chinese affairs departments of the municipal and district people's governments shall encourage overseas Chinese to participate in the economic and social construction of this Municipality; provide policy consultation and legal services for overseas Chinese; organize, direct and coordinate with relevant departments to effectively protect the rights and interests of overseas Chinese; and organize the publicity of laws and regulations on the protection of the rights and interests of overseas Chinese and the supervision and inspection of the implementation thereof.
The relevant departments of the people's governments at all levels in this Municipality shall, according to their respective duties, facilitate the participation of overseas Chinese in the economic and social development of this Municipality as well as their residence and living in this Municipality, and effectively protect the rights and interests of overseas Chinese.
Article 5 The people's governments at all levels in this Municipality shall, in light of the actual work needs, provide necessary fund guarantees for the protection of the rights and interests of overseas Chinese.
Article 6 The federations of returned overseas Chinese at all levels in this Municipality shall publicize and implement laws and regulations and the policies on overseas Chinese affairs, keep close contact with overseas Chinese, report the opinions and suggestions of overseas Chinese, and safeguard their lawful rights and interests in accordance with the law.
Article 7 The social groups formed by overseas Chinese in this Municipality in accordance with the law shall conduct activities in accordance with laws, regulations and their bylaws, and their lawful rights and interests shall be protected by law.
Article 8 Overseas Chinese shall be encouraged to maximize their resource advantages featuring extensive connections at home and abroad, participate in and serve the national development strategy, and play the role as bridges and links in the cooperation and exchanges in terms of economy, science and technology, culture, education, public health, and sports, among others, and the friendly non-governmental exchanges conducted between this Municipality and foreign countries.
Overseas Chinese shall be encouraged and provided with support to maximize their strengths in talents, technologies and funds, and participate in the construction of international economic, financial, trade and shipping centers and the globally influential scientific and technological innovation centers in this Municipality.
Overseas Chinese shall be encourage and provided with support to make investment in financial services, shipping services, commerce and trade services, professional services, cultural services, social services and other fields in China (Shanghai) Pilot Free Trade Zone as well as other key development areas in this Municipality.
Overseas Chinese shall be encouraged and provided with support to participate in the construction of international cultural metropolis in this Municipality and play roles in carrying forward Chinese outstanding culture and other aspects.
Article 9 Overseas Chinese shall be encouraged to make investment in this Municipality in their own names or in the names of the enterprises or other economic organizations they form.
No organization or individual may illegally interfere with or infringe upon the autonomyinoperationandmanagement enjoyed by enterprises invested in and formed by overseas Chinese in accordance with the law. It is not allowed to seal up or seize without authorization the property of enterprises formed by overseas Chinese or order such enterprises to suspend their production or operation without undergoing statutory procedures.
The profits and other income obtained by overseas Chinese from investment and operation in accordance with the law, the individual funds after liquidation and a variety of other lawful income may be remitted abroad in accordance with the law.
Article 10 The innovation and entrepreneurship of overseas Chinese in strategic emerging industries, modern service industry, advanced manufacturing industry and other fields shall be encouraged.
As for the scientific and technological achievements independently held by overseas Chinese or enterprises or other economic organizations invested in and formed by overseas Chinese, overseas Chinese may decide on their own to conduct the achievement transformation activities by transfer, conversion into shares after pricing or any other means.
The relevant departments of the municipal and district people's governments shall strengthen the protection of intellectual property rights (“IPR”) of overseas Chinese, and safeguard the lawful rights and interests of overseas Chinese as IPR applicants and holders.
Article 11 Overseas Chinese shall be encouraged to participate in the talent innovation and entrepreneurship plans or projects of the state and this Municipality.
The overseas Chinese that conduct scientific research, technology development, achievement incubation and popularization and education of scientific knowledge, science and technology management and other activities in this Municipality shall enjoy relevant funding support in accordance with the relevant provisions of this Municipality.
Article 12 The overseas Chinese who are employed in this Municipality may undergo various formalities for purchasing social insurance on the basis of their valid passports and other certification materials, and be insured and pay insurance premiums in accordance with the relevant provisions of the state and this Municipality.
An overseas Chinese who is employed in this Municipality may, after reaching a consensus trough consultation with the employer, contribute to, withdraw and use the housing provident fund in accordance with the relevant provisions of the state and this Municipality on the basis of his or her valid passport, employment certificate and other certification materials.
Article 13 Where any overseas Chinese have purchased the pension insurance for employees in this Municipality before settling abroad but fail to satisfy the statutory conditions for obtaining the basic pension allowances, the matters on their personal pension insurance accounts shall be handled in accordance with the relevant provisions of the state; or where they have satisfied the statutory conditions for obtaining the basic pension allowances, they may enjoy the corresponding pension insurance treatment in accordance with the relevant provisions of the state and this Municipality.
The overseas Chinese who have settled abroad after undergoing the emeritus and retirement formalities in this Municipality and have enjoyed the basic pension insurance treatment for employees in this Municipality shall provide the social insurance agencies with the Examination Form for the Qualification of the Personnel Residing Abroad for Acquiring Pensions or consular authentication issued by Chinese embassies and consulates stationed abroad or relevant institutions as required each year.
The overseas Chinese who have purchased the basic medical insurance for employees in this Municipality before settling abroad, and settled abroad after undergoing the emeritus and retirement formalities in this Municipality may, during their return to China from abroad, enjoy the corresponding basic medical insurance treatment in accordance with the relevant provisions of this Municipality.
Article 14 The overseas Chinese who engage in professional and technical work in this Municipality may participate in the qualification examination for professional and technical personnel and qualification assessment for holding professional and technical positions, and the number of years when they engage in technical and professional work abroad and achievements they acquire therefrom may be used as the reference bases for evaluating their qualifications for holding the technical and professional positions.
Article 15 Overseas Chinese may, in accordance with the relevant provisions of the state and this Municipality, purchasecommercial housing units for their own usein this Municipality, and real estate registration and certificate issuance institutions shall make registration and issue certificates in accordance with the law.
Overseas Chinese shall have the right to possess, use, make profits from, and dispose of their private houses in this Municipality in accordance with the law, and no organization or individual may illegally infringe upon such right.
Issues on private houses of overseas Chinese left over by history shall be handled in accordance with the relevant provisions of the state and this Municipality.
Article 16 Where the private houses of overseas Chinese in this Municipality, enterprises invested in and formed by overseas Chinese or land invested in and developed by overseas Chinese need to be expropriated for public interests, compensation shall be made in accordance with the law.
To expropriate the private houses of overseas Chinese in this Municipality in accordance with the law, expropriators shall performtheir notification obligations in accordance with the relevant provisions of this Municipality on the administration of house expropriation. Where overseas Chinese are not in China, expropriators may ask their relatives or agents in this Municipality to assist in notifying the owners of the houses, or may notify the owners of houses by announcement or serving notices on them by post.
Article 17 No organization or individual may illegally occupy heritages inherited or bequests and gifts accepted by overseas Chinese in accordance with the law.
Where overseas Chinese return to China to inherit heritages or accept bequests or gifts in this Municipality, the relevant departments shall, in accordance with the reasonable requests of the overseas Chinese, provide necessary assistance.
Overseas Chinese shall have the right to dispose of the heritages they inherit and the bequests and gifts they accept, and no organization or individual may illegally interfere with the disposal thereof.
The investment income, the property rights and interests in IPR and other legitimate earnings of overseas Chinese in this Municipality may be inherited in accordance with the law.
Article 18Where any child of an overseas Chinese returns to China to apply for admission into a school implementing compulsory education in this Municipality,and his or her parent works in this Municipality or his or her guardian who is adirect relativewith direct blood relationship with him or her has registered permanent residence in this Municipality, he or she shall enjoy theequal treatment as school-age children and adolescents who are registered permanent residents of this Municipality in being enrolled in schools, and the education department of the relevant district shall handle the school attendance formalities as required.
Where an overseas Chinese registers for examination for enrollment in a high school in this Municipality, and, when he or she does so, he or she has a junior high school roll in this Municipality, and his or her parent is a registered permanent resident of this Municipality before going abroad, or his or her guardian who is adirect relative of him or her has registered permanent residence in this Municipality, he or she may participate in the entrance examinationof a high school, and shall enjoy the equal treatment as other students who are registered permanent residents of this Municipality.
Overseas Chinese may, in accordance with the relevant provisions of the state and this Municipality, register for examinationfor enrollment ingeneral institutions of higher education that jointly enroll overseas Chinese and students from Hong Kong, Macao and Taiwan in this Municipality.
The relevant overseas Chinese affairs and education departments of this Municipality shall attach importance to conducting the education, carrying-forward and exchange of Chinese outstanding culture for overseas Chinese and their children, and encourage, in terms of policy and funds, schools and communities, among others, to conduct relevant activities by utilizing various resources.
Article 19 Overseas Chinese shall be encouraged to launch charity and public welfare undertakings or contribute or donate to charity and public welfare undertakings.
Where the enterprises formed by overseas Chinese donate their property for charity and public welfare undertakings, they shall be entitled to income tax preferences in accordance with the law. Where materials donated by overseas Chinese to this Municipality from abroad are used for charity and public welfare undertakings, they shall enjoy reduction or exemption of tariff and import value-added tax in accordance with the law.
Article 20 As to donations made by overseas Chinese, the principles of free will and respect for the will of donors shall be observed. An overseas Chinese shall have the right to decide the variety, quantity, amount, and uses of money and materials he or she donates as well as donee (s) and ways of donation. It is forbidden to apportion donation tasks to or forcibly raise donations from overseas Chinese.
Where an overseas Chinese donates directly to a donee, the donee shall, as agreed on in the contract, issue a legal and valid receipt to the overseas Chinese, register the money and materials donated in a book, properly manage them and put them to good use according to the will of the donor.
Overseas Chinese shall have the right to supervise and inspect the use of money and materials they donate, and to questionand complain about violations of the will of donors.
Article 21 Where overseas Chinese donate materials to this Municipality from abroad, the overseas Chinese affairs departments of the municipal and district people's governments may assist in the handling of the relevant entry formalities, and assist overseas Chinese in implementing the donation projects.
With the consent of donees, overseas Chinese may leave their names on their donation projects for commemoration; and overseas Chinese may name for commemoration the public welfare undertaking projects that are donated solely by them or constructed mainly with contributions from them.Where approval is required by any law or regulation, such provisions shall apply.
The relevant departments of the municipal and district people's governments shall, in conjunction with the overseas Chinese affairs departments, supervise and inspect the use and management of the property donated by overseas Chinese. The property donated by overseas Chinese and theappreciation thereof shall be protected by law, and no organization or individual may misappropriate or embezzle such property.
The municipal and district people's governments or relevant departments may commend the overseas Chinese who have made outstanding contributions to the charity and public welfare undertakings. The opinions of overseas Chinese shall be solicited in advance before they are commended in public.
Article 22 The entry-exit frontier inspection authoritiesshall handle in accordance with the law the entry and exit of overseas Chinese through this Municipality on the basis of their passports of the People's Republic of China or other travel documents.
The overseas Chinese who return to China and reside in this Municipality shall, in accordance with the provisions on the handling of entry and exit certificates, apply to the public security organs of this Municipality for replacement and re-issuance of passports, and apply for Two-Way Travel Pass to Hong Kong and Macao, or Two-Way Travel Pass to Taiwan and the endorsements thereto.
Article 23 Where overseas Chinese are in this Municipality during the election of deputies to people's congressesof districts, townships or towns in this Municipality, they may be registered as voters in the localities of their original household registration or their domiciles before they go abroad in this Municipality, and participate in the election.
During the election of deputies to people's congressesof districts, townships or towns in this Municipality, electoral committees shall effectively conduct the registration of overseas Chinese as voters in accordance with the law.
Article 24 Where overseas Chinese need to provide their identity certificates when applying for the handling of matters relating to finance, education, medical care, transportation, telecommunications, social insurance, property registration, housing leasing and trading, investment, entrepreneurship, accommodation registration and application for a motor vehicle driving license, among others, the overseas Chinese may prove their identities upon the strength of their passports.
Where overseas Chinese apply to handle the matters as prescribed in the preceding paragraph in this Municipality on the basis of their own passports of the People's Republic of China, the relevant entities shall handle for them in accordance with the law.
Article 25 Where the identities of overseas Chinese need to be determined when they handle the affairs concerning their children's school attendance or admission to schools of a higher level, preferential second childbirth and social assistance, among others, in accordance with the relevant provisions of this Municipality, the overseas Chinese affairs departments of the municipal or district people's governments shall issue the relevant identity certificates.
Article 26 Where an overseas Chinese whose original household registration is cancelled in this Municipality or an overseas Chinese who is born abroad and whose spouse or parent is a registered permanent resident in this Municipality applies for settling down in this Municipality, and complies with the relevant conditions, the overseas Chinese affairs department of the municipal people's government shall issue the Permit for Overseas Chinese to Return to and Settle in China, and the public security organ shall, according to the Permit for Overseas Chinese to Return to and Settle in China, handle for the applicant theformalities for permanent residence registration.
Where an overseas Chinese who settles down and works in Shanghai or makes innovation or starts up business here is determined as a high-level talent, and the place of cancellation of his or her original household registration is not this Municipality, the overseas Chinese himself or herself, his or her spouse or child who also returns to China together with him or her, his or her spouse in China who is transferred or migrated to this Municipality together with him or her, or his or her child in China who is under the age of 16 or studies in an ordinary middle school may, in accordance with the relevant provisions of this Municipality, apply to themunicipal human resources and social security department for the registered permanent residence in this Municipality or a Shanghai Residence Permit.
Article 27 Where an overseas Chinese residing in this Municipality is temporarily in difficulty for any emergency, thesub-district office at his or her place of residence and the government of the town or township shall give necessary assistance thereto, and the residents' committee or villagers' committee at his or her place of residence shall effectively assist in the relevant relief work.
Article 28 If the lawful rights and interests of an overseas Chinese are infringed upon, it may be resolved through the following channels in accordance with the law:
(1) Reconciliationthrough consultation or settlement through mediation.
(2) Applying for arbitration.
(3) Filing complaints with the relevant department of the people's government.
(4) Applying for administrative adjudication or administrative reconsideration.
(5) Instituting an action in the people's court.
Article 29 The overseas Chinese affairs departments of the municipal and district people's governments or other relevant departments shall, after receiving complaints from overseas Chinese, handle them in a timely manner, and give the handling information to the complainants.
The overseas Chinese affairs departments of the municipal and district people's governments shall transfer the complaints that should be handled by other relevant departments of the governments to other departments for handling in a timely manner. Other relevant departments shall handle the complaints in a timely manner, and, while giving a reply to the complainants, notify the handling information to the overseas Chinese affairs departments at the same level.
Article 30 Where the relevant departments of the municipal or district people's governments or their staff members, in violation of this Regulation, conduct any of the following acts, the competent departments at higher levels or supervisory organs shall give the directly responsible persons-in-charge and other liable persons administrative sanctions in accordance with the law; or where the violators are criminally punishable, they shall be subject to criminal liability in accordance with the law:
(1) Illegally intervening with or infringing upon the autonomyinoperationandmanagement of enterprises invested in and formed by overseas Chinese.
(2) Sealing up or seizing without authorization the property of enterprises formed by overseas Chinese or ordering such enterprises to suspend their production or operation without undergoing statutory procedures.
(3) Failing to handle the relevant social insurance formalities for overseas Chinese as required.
(4) Illegally infringing upon the statutory rights of overseas Chinese to possess, use, make profits from, and dispose of their private houses.
(5) Failing to handle the relevant formalities for admission to and registration for examination for enrollment in schools for overseas Chinese and their children as required.
(6) Apportioning donation tasks to or forcibly raising donations from overseas Chinese, using the money and materials donated against the will of overseas Chinese, or misappropriating or embezzling the property donated by overseas Chinese.
(7) Other acts that infringe upon the lawful rights and interests of overseas Chinese.
Article 31 The lawful rights and interests of Chinese with foreign nationality in this Municipality shall be protected in accordance with the laws and regulations and the relevant provisions of this Municipality.
Article 32 This Regulation shall come into force on December 1, 2016. The Regulation of Shanghai Municipality on Donations Made by Overseas Chinese, as adopted at the 35th session of the Standing Committee of the Tenth People's Congress of Shanghai Municipality on April 3, 1997, shall be repealed concurrently.