Measures of the Beijing Municipality for Implementing the Interim Regulation on Residence Certificates

 2018-05-28  37


Measures of the Beijing Municipality for Implementing the Interim Regulation on Residence Certificates


· Document Number:Order No. 270 of the Beijing Municipal People's Government

· Area of Law: Public Security

· Level of Authority: Local Government Rules

· Date issued:05-17-2016

· Effective Date:10-01-2016

· Status: Effective

· Issuing Authority: People's Government of Beijing Municipality

 

Order of the Beijing Municipal People's Government
(No. 270)
The Measures of the Beijing Municipality for Implementing the Interim Regulation on Residence Certificates, as deliberated and adopted at the 114th executive meeting of the municipal people's government on April 26, 2016, are hereby issued, and shall come into force on October 1, 2016.
Mayor: Wang Anshun
May 17, 2016
Measures of the Beijing Municipality for Implementing the Interim Regulation on Residence Certificates
Article 1 For the purpose of enhancing the availability of urban basic public services and conveniences to all permanent residents, these Measures are developed in accordance with the Interim Regulation on Residence Certificates and in light of the actualities of this municipality.
Article 2 Where migrants living in Beijing with non-local permanent residence (hereinafter referred to as “migrants in Beijing”) apply for the Residence Certificate of Beijing Municipality within the administrative region of Beijing Municipality to enjoy the prescribed basic public services and conveniences, these Measures shall apply.
Article 3 A Residence Certificate of Beijing Municipality is a certificate proving that the migrant living in Beijing resides in Beijing, enjoys the basic public services and conveniences as a permanent resident, and applies for permanent residence registration by accumulating points.
A migrant in Beijing that needs to prove his or her fact of residence for enjoying the basic public services and conveniences in Beijing shall produce his or her Residence Certificate of Beijing Municipality; and the government and relevant government departments that provide a migrant living in Beijing with the basic public services and conveniences shall verify the migrant's Residence Certificate of Beijing Municipality.
Article 4 The municipal and district people's governments shall strengthen the leadership and organization of the service for and management of migrants in Beijing within their respective administrative regions, establish and improve the mechanism of providing the basic public services and conveniences for holders of the Residence Certificate of Beijing Municipality, incorporate the provision of the basic public services and conveniences for holders of the Residence Certificate of Beijing Municipality into the national economic and social development plans and programs, and guarantee that holders of the Residence Certificate of Beijing Municipality enjoy relevant basic public services and conveniences.
The development and reform, education, public security, civil affairs, judicial administration, human resources and social security, housing and urban-rural development, land resources, health and family planning, and other relevant administrative departments shall, according to their respective functions and duties, effectively protect the rights and interests of, provide services for and manage holders of the Residence Certificate of Beijing Municipality.
Article 5 The public security organs shall be responsible for temporary residence registration, as well as the application acceptance, making, issuance, endorsement, and other certificate management work of the Residence Certificate of Beijing Municipality.
Residents' committees, villagers' committees, employers, schools, and housing lessors shall assist relevant departments in effectively completing the application acceptance and issuance of the Residence Certificate of Beijing Municipality, the service and management of holders of the Residence Certificate of Beijing Municipality, and other work.
Article 6 A migrant living in Beijing shall, according to the provisions of the public security department under the State Council, apply for temporary residence registration with the public security station at his or her place of residence or the community registration service institution for migrants living in Beijing as authorized by the public security organ.
The public security stations, or the community registration service institutions for migrants living in Beijing as authorized by public security organs, shall provide temporary residence registration services for migrants living in Beijing.
Article 7 A migrant living in Beijing that meet the following conditions may apply for a Residence Certificate of Beijing Municipality with the public security station at his or her place of residence or the community registration service institution for migrants living in Beijing as authorized by the public security organ:
(1) He or she has lived in Beijing for six months or more.
(2) He or she has legal and stable employment, has a legal and stable domicile, or has been continuously attending school in Beijing.
For the purpose of item (2), paragraph 1 of this article, having stable employment in Beijing means that he or she may have employment in this municipality for six months or more in the future.
For the purpose of item (2), paragraph 1 of this article, having a stable domicile in Beijing means that he or she may have a domicile where he or she may live for six months or more in the future.
For the purpose of item (2), paragraph 1 of this article, continuously attending school in Beijing means that he or she attends a primary or middle school in this municipality with school roll, or attends a secondary vocational school, a general institution of higher education, or a research institution qualified to train post-graduates in this municipality with school roll and accepts full-time academic education.
Article 8 An applicant for a Residence Certificate of Beijing Municipality shall provide his or her resident identity card or other legal and valid identity certificate, his or her recent bareheaded photo, and relevant materials proving that he or she meets the conditions as prescribed in Article 7 of these Measures.
A certificate of residence time includes the temporary residence registration information of a migrant living in Beijing, a Temporary Residence Certificate within the validity period, and other materials that may prove the residence time; an employment certificate includes a business license for industry and commerce, a labor contract, a labor relationship certificate issued by the employer, or other materials that may prove legal and stable employment; a certificate of domicile includes a house rental contract, a house property certificate, a house purchase contract, or a certificate of accommodation issued by the house lessor, employer, or school; and a certificate of attendance includes a student identity certificate, and other materials that may prove continuous attending of school as issued by the school or scientific research institution.
The specific requirements for certification materials shall be developed by the municipal public security organ, in conjunction with the human resources and social security, industrial and commercial administration, judicial administration, housing and urban-rural development, land resources, education, and other administrative departments, and be announced to the public.
Article 9 For a minor under the age of 16 or a senior or handicapped citizen with mobility problems, his or her guardian or close relative may apply for a Residence Certificate of Beijing Municipality on his or her behalf. In this case, the valid identity certificates of the principal and the agent, and a certificate on their guardianship or principal-agentrelationship shall be provided.
Article 10 A public security station, or the community registration service institution for migrants living in Beijing as authorized by the public security organ, shall, upon receipt of the application materials for a Residence Certificate of Beijing Municipality, handle the application differently for the following circumstances:
(1) Where the application materials are complete and satisfy the prescribed requirements, the application shall be accepted on the spot.
(2) Where there is any error that may be corrected on site in the application materials, the applicant shall be allowed to make corrections on site, and where the conditions for acceptance are met after corrections are made, the application shall be accepted on the spot.
(3) Where the application materials are incomplete or fail to satisfy the prescribed requirements, the applicant shall, on the spot or within five days, be notified of all necessary supplements and corrections at one time; and where the applicant is not notified of the aforesaid contents within the prescribed time limit, the application shall be deemed to have been accepted from the date of receipt of the application materials.
(4) Where the application materials are incomplete or fail to meet the prescribed requirements, and the applicant refuses to make supplements or corrections after being notified to do so, the application shall not be accepted.
After deciding to accept or not accept an application, a public security station or community registration service institution for migrants living in Beijing as authorized by the public security organ shall explain the reasons to the applicant and issue a written certificate.
Article 11 If deciding to accept an application, a public security station or community registration service institution for migrants living in Beijing as authorized by the public security organ shall file the materials submitted by the applicant with the district public security organ in a timely manner.
The district public security organ shall, in conjunction with the human resources and social security, industrial and commercial administration, judicial administration, housing and urban-rural development, land resources, education, and other administrative departments, and according to their respective functions and duties, respectively examine the relevant materials submitted by an applicant to prove his or her identity, residence time, employment, domicile, school attendance, and other information. Where the conditions are met, the district public security organ shall, within 15 days of the date of accepting the application, issue the Residence Certificate of Beijing Municipality through the accepting public security station or community registration service institution for migrants living in Beijing as authorized by the public security organ; and where the conditions are not met, the district public security organ shall, through the accepting public security station or community registration service institution for migrants living in Beijing as authorized by the public security organ, notify the applicant in writing, and explain the reasons.
Where the time limit as prescribed in paragraph 2 of this article needs to be extended for statutory reasons, the time for making and issuing the Residence Certificate of Beijing Municipality shall not exceed 30 days.
Article 12 Where a Residence Certificate of Beijing Municipality is damaged and illegible or missing, the holder of the Residence Certificate of Beijing Municipality shall undergo the renewal or reissuance formalities with the public security station at his or her place of residence or the community registration service institution for migrants living in Beijing as authorized by the public security organ.
A holder of the Residence Certificate of Beijing Municipality shall surrender the original residence Certificate when applying for a new one as the old one is damaged and illegible.
Article 13 Where his or her domicile in Beijing changes, a holder of the Residence Certificate of Beijing Municipality shall apply for undergoing the formalities of modifying residence information with the public security station at his or her place of residence or the community registration service institution for migrants living in Beijing as authorized by the public security organ.
Article 14 The annual endorsement system shall be implemented for the Residence Certificate of Beijing Municipality, and endorsement is required every year.
A holder of the Residence Certificate of Beijing Municipality planning to continuously live in Beijing shall, within one month before the date of every full year of residence, submit relevant materials that are able to prove that he or she meets the conditions as prescribed in Article 7 of these Measures to the public security station at his or her place of residence or the community registration service institution for migrants living in Beijing as authorized by the public security organ, and apply for undergoing the formalities of endorsement.
Where endorsement formalities are not undergone within the said time limit, the use of the Residence Certificate of Beijing Municipality shall be suspended, and resumed after the endorsement formalities are undergone. The years of residence of the holder of the Residence Certificate of Beijing Municipality at his or her place of residence shall continue from the date when the endorsement formalities are completed.
Article 15 During the application, renewal, and reissuance of the Residence Certificate of Beijing Municipality and when undergoing the formalities of modifying residence information and endorsement, the applicant shall be liable for the authenticity and legality of the materials submitted.
Where an applicant produces false certification materials, the public security organ shall not accept the application; where an application has been accepted, the handling procedures shall be terminated, and no Residence Certificate of Beijing Municipality shall be issued; and where a Residence Certificate of Beijing Municipality has been issued, it shall be canceled.
Article 16 Where a holder of the Residence Certificate of Beijing Municipality falls into one of the following circumstances, the district public security organ shall withdraw his or her Residence Certificate of Beijing Municipality:
(1) He or she is dead.
(2) He or she has registered permanent residence in Beijing.
(3) Other circumstances under which the Certificate shall be withdrawn as prescribed by any laws, regulations, and rules.
Article 17 A holder of the Residence Certificate of Beijing Municipality shall enjoy the rights to work, participate in social insurance, and contribute to, withdraw and use the housing provident fund in Beijing according to the law.
The municipal and district people's governments and their relevant departments shall, in accordance with relevant provisions, provide the basic public services and conveniences as prescribed in in Articles 12 and 13 of the Interim Regulation on Residence Certificates for holders of the Residence Certificate of Beijing Municipality, actively create conditions for gradually expanding the coverage of public services and conveniences to be provided and improving the service standards, and announce the scope of public services and conveniences to be enjoyed by holders of the Residence Certificate of Beijing Municipality to the public on a regular basis.
Holders of the Residence Certificate of Beijing Municipality shall enjoy the basic public services and conveniences in Beijing under the relevant provisions of the state and this municipality.
Article 18 This municipality shall, according to the requirements of the state and the comprehensive carrying capacity and economic and social development needs of this municipality, establish a points-based permanent residence registration system including such main indicators as lawful and stable employment, lawful and stable domicile, number of years of participation in social insurance, and number of years of continuous residence, among others.
Article 19 Public security stations, community registration service institutions for migrants living in Beijing authorized by the public security organ, and relevant departments responsible for protecting the rights and interests of, providing services for, and managing holders of the Residence Certificates of Beijing Municipality, and their employees shall keep confidential the personal information of migrants living in Beijing known at work.
Article 20 The municipal public security organ shall strengthen the routine supervision and management of the work for obtaining the Residence Certificates of Beijing Municipality, establish and improve relevant working systems for supervision and examination, and effectively offer business training, guidance, and supervision to handling employees of public security stations and community registration service institutions for migrants living in Beijing as authorized by the public security organ.
Article 21 This municipality shall, under the principles of unified planning and resources sharing, establish and improve labor and employment, education, social security, housing property, credit, health and family planning, marriage, residence Certificate, and other information systems, as well as provide information support for achieving the availability of the basic public services and conveniences to all permanent residents.
The public security, human resources and social security, housing and urban-rural development, land resources, education, civil affairs, health and family planning, and other administrative departments shall gradually use modern information technologies and other convenient means, to provide conveniences for migrants living in Beijing to submit relevant information.
Article 22 The Residence Certificate of Beijing Municipality shall be uniformly made by the municipal public security organ. Anyone who applies for the Residence Certificate of Beijing Municipality for the first time shall be exempted from the cost of production; and anyone who applies for renewal or reissuance of the Residence Certificate of Beijing Municipality shall pay the cost of production. No fees shall be charged for the endorsement procedure.
Article 23 Relevant entities and individuals that have any acts in violation of the Interim Regulation on Residence Certificates or these Measures in the application for, use, management, and other activities of the Residence Certificate of Beijing Municipality shall be subject to legal liability by the public security organs and other relevant administrative departments under the Interim Regulation on Residence Certificates and other relevant laws, regulations, and rules.
Article 24 These Measures shall come into force on October 1, 2016. The Provisions on the Administration of Permanent Residence of Migrants Living in Beijing with Non-local Permanent Residence as issued by Order No. 11 of the Beijing Municipal People's Government on June 13, 1995 and amended by Order No. 12 of the Beijing Municipal People's Government on December 31, 1997 shall be concurrently repealed.