Measures for the Administration of Shanghai Residence Cards

 2018-05-28  57


Measures for the Administration of Shanghai Residence Cards


· Document Number:Order No. 58 of the Shanghai Municipal People's Government

· Area of Law: Public Security

· Level of Authority: Local Government Rules

· Date issued:11-27-2017

· Effective Date:01-01-2018

· Status: Not Yet Effective

· Issuing Authority: People's Government of Shanghai Municipality

 

Order of the Shanghai Municipal People's Government
(No. 58)
The Measures for the Administration of Shanghai Residence Cards, as adopted at the 164th executive meeting of the Municipal People's Government on September 18, 2017, are hereby issued, and shall come into force on January 1, 2018.
Mayor:Ying Yong
November 27, 2017
Measures for the Administration of Shanghai Residence Cards 
(Issued by Order No. 58 of the Shanghai Municipal People's Government on November 27, 2017)
Article 1 (Legislation Purposes)
For purposes of safeguarding the lawful rights and interests of domestic out-of-towners in Shanghai, regulating the population services and administration, improving the level of government services, and promoting the coordinated development of economy, society, resources and environment in this Municipality, in accordance with the Interim Regulation on Residence Permits, these Measures are developed in consideration of the actual circumstances of this Municipality.
Article 2 (Scope of Application)
These Measures shall apply to theapplication for and issuance and use of a Shanghai Residence Card (hereinafter referred to as an “SRC”), the point administration thereof and other relevant activities.
Article 3 (Division of Functions)
The municipal development and reform department shall take charge of the comprehensive coordination in the organization and implementation of these Measures.
The public security department shall take charge of residence registration and the relevant administration of SRC certificates, among others.
The department ofhuman resources and social securityshall take charge of the relevant administration of SRC points, among others.
The relevant departments of education, health and family planning, industry and commerce, taxation, housing and urban-rural development, civil affairs, economic information technology, justice, and science and technology, among others, shall, according to their respective functions, effectively provide services and conduct administration related to these Measures.
All district people's governments shall take charge of the specific organization and implementation of these Measures within their respective administrative regions.
The community affairs acceptance service centers established by sub-district offices and township (town) people's governments shall, upon authorization of the public security department, specifically undertake residence registration and handling of SRCs. The talent service center shall, upon authorization of the department ofhuman resources and social security, specially undertake the handling of SRC points.
Article 4 (Information Sharing)
This Municipality will establish and improve a unified actual population information management system.
The departments of public security, housing and urban-rural development, human resources and social security, education, health and family planning, industry and commerce, civil affairs, and economic information technology, among others, shall promote the interconnection and intercommunication and data exchange of information systems among departments, and achieve the sharing and application of relevant population service and administration information, such as information on residential houses, employment registration, social insurance, SRC points, school rolls andeducational background, industrial and commercial registration, and marriage registration, among others, of domestic out-of-towners in Shanghai.
Article 5 (Residence Registration)
Domestic out-of-towners in Shanghai shall, in accordance with the relevant provisions of the state and this Municipality, undergo the residence registration formalities with the community affairs acceptance service centers at their current places of residence, and may apply for SRCs if they comply with the provisions of these Measures.
Article 6 (Main Functions)
An SRC shall have the following main functions:
(1) Acting as the certificate for the residence of the holder of the SRC (hereinafter referred to as “cardholder”) in this Municipality.
(2) Recording the basic information and changes in the place of residence of the cardholder and other relevant information required by population administration.
(3) Handling and inquiring about personal points, and handling relevant personal affairs in terms of health and family planning, social insurance, and education, among others.
Article 7 (Specified Contents)
The contents specified on an SRC shall include the cardholder's name, gender, ethnicity, date of birth, citizen identity number, recent photo, address of registered permanent residence, residence address, issuing authority, date of issuance, and valid period endorsed, among others.
Article 8 (Acceptance Authority)
An applicant that needs to apply for an SRC may undergo the relevant formalities with the community affairs acceptance service center at his or her current place of residence.
For a minor under the age of 16 or a senior or a disabled person with mobility difficulties, his or her guardian or close relative may apply for residence registration and apply for an SRC on his or her behalf.
Where his or her guardian or close relative handles the said matters on his or her behalf, the legal and valid identity certificate of the guardian or close relative shall be provided.
Article 9 (Application Conditions)
A domestic out-of-towner in Shanghai who leaves his or her place of registered permanent residence, has made residence registration for more than half a year in this Municipality, and satisfies one of the conditions of having a legal and stable job, having a legal and stable domicile, or continuously attending school may, in accordance with these Measures, apply for an SRC.
An applicant shall provide corresponding certification materials according to the application conditions, and be responsible for the authenticity and legality of the application materials.
Article 10 (Acceptance and Supplementation)
A community affairs acceptance service center shall, upon receipt of the application materials, issue the acceptance certificate and transfer the materials to the public security department if the materials are complete, or inform the applicant of all materials that need to be supplemented at one time on the spot if the materials are incomplete.
Article 11 (Information Comparison)
The pubic security department shall, through the actual population information management system of this Municipality, compare the information on application materials; and, when necessary, may transfer the relevant materials to the relevant departments of human resources and social security, housing and urban-rural development, and education, among others for verification.
Article 12 (Card Issuance, Production and Collection)
An SRC shall be issued by the public security department.
If the conditions for granting an SRC are satisfied, the public security department shall produce an SRC within 15 working days from the date of acceptance of the application. If the production of the SRC cannot be completed on schedule due to any special circumstance, the time for producing and issuing the SRC shall not exceed 30 working days. After the production of the SRC is completed, the community affairs acceptance service center shall notify the applicant to collect the SRC.
Article 13 (Information Change)
If the residence address or any other registered information of a cardholder changes, the cardholder shall undergo the information change formalities with the community affairs acceptance service center upon the strength of relevant certification materials within 30 days.
Article 14 (Handling of Endorsement)
An SRC shall be endorsed once a year. A cardholder shall, within 30 days before the expiration of the one-year valid period of the SRC, undergo the endorsement formalities with the community affairs acceptance service center.
Where the cardholder fails to undergo the endorsement formalities during the specified period, the use function of the SRC shall be suspended, and use function thereof may not be resumed until the endorsement formalities are undergone.
Article 15 (Replacement or Reissuance)
Where an SRC is damaged and illegible or lost, the cardholder shall undergo the formalities for replacement, loss report or reissuance with the community affairs acceptance service center at his or her current place of residence in a timely manner.
Article 16 (Cancellation)
Where a cardholder falls under any of the following circumstances, upon determination of relevant departments, the public security department shall handle the formalities for cancelling the SRC:
(1) The cardholder provides false materials at the time of application to obtain the SRC.
(2) The cardholder's conditions changed and thus no longer meets the requirements for applying for an SRC.
(3) The cardholder has turned to apply for the permanent household registration in this Municipality.
(4) Other circumstances that the SRC shall be cancelled as prescribed by laws, regulations or rules.
Article 17 (Basic Public Services)
A cardholder shall, in accordance with the relevant provisions of the state and this Municipality, have the rights to work, participate in social insurance, and contribute to, withdraw and use the housing provident funds in this Municipality, and enjoy the following basic public services:
(1) Compulsory education.
(2) Basic public employment services.
(3) Basic public health services and family planning services.
(4) Public cultural and sports services.
(5) Legal aid and other legal services.
(6) Other basic public services as prescribed by the state and this Municipality.
Article 18 (Facilitation Measures)
A cardholder shall enjoy the following conveniences in this Municipality in accordance with the relevant provisions of the state and this Municipality:
(1) Applying for exit-entry certificate.
(2) Applying for replacement or reissuance of the resident identity card.
(3) Motor vehicle registration.
(4) Applying for a Motor Vehicle Driving License.
(5) Applying for professional technical title assessment or examinations or applying for occupational qualification examinations.
(6) Being granted registration for childbirth services and obtaining other certification materials for family planning.
(7) Other conveniences as prescribed by the state and this Municipality.
Article 19 (Dynamic Adjustment)
The municipal and district people's governments and their relevant departments shall actively create conditions for gradually expanding the scope of public services and conveniences provided for cardholders and improving the service standards, and announce the scope of public services and conveniences enjoyed by cardholders to the public on a regular basis.
The departments of public security, education, human resources and social security, health and family planning, and housing and urban-rural development, among others, shall take actively disclose the specific items, application conditions, basic process, and time limits for handling of relevant public services and other contents through government websites or brochures or in other forms, and provide conveniences for cardholders' enjoyment of various public services.
Article 20 (Points-based Administration)
The points-based administration of SRCs shall be conducted in this Municipality.
The “points-based administration of SRCs” means the accumulation of points for cardholders who have legal and stable residence and legal and stable job in this Municipality and the conversion of their personal conditions and actual contributions into corresponding points by setting the point indicator system. With the increase of cardholders' years of residence, years of working, and years of social insurance contribution in this Municipality and the improvement of their educational backgrounds and professional titles, among others, their points are accumulated accordingly. When standard points are reached, they may enjoy corresponding public service treatment.
Article 21 (Point Indicator System)
The “point indicator system for SRCs” includes the basic indicators such as age, educational backgrounds, professional technical titles and skill levels, and years of working and years of social insurance contribution in this Municipality, among others, and, on the basis of the level of economic and social development and the needs of population service administration of this Municipality, point addition indicators and point deduction indicators, and one-vote veto indicators shall be set. The specific point accumulation standards of various indicators shall be set according to different circumstances.
Article 22 (Drawing-up and Adjustment of the Point Indicator System)
The point indicator system for SRCs shall be drawn up by the municipal department of the human resources and social security in conjunction with the municipal departments of development and reform, education, health and family planning, public security, industry and commerce, taxation, housing and urban-rural development, and economic information technology, among others, and, after being approved by the municipal people's government, be issued to the public.
The indicators, point accumulation standards and standard points in the point indicator system for SRCs shall be adjusted dynamically according to the level of economic and social development and the needs of population service administration of this Municipality.
Article 23 (Point Application and Handling)
A cardholder that applies for points shall provide the corresponding certification materials according to the point indicators for the SRC, and have his or her employer undergo the relevant formalities with the talent service center.
After the talent service center accepts the application, it shall transfer the point materials to the department of human resources and social security for review. Where the materials are found to be true upon review, the department of human resources and social security shall, within 20 working days, accumulate points according to the point indicator system for SRCs, and inform the applicant of the points he or she earns.
Article 24 (Turning to Apply for Permanent Household Registration)
A cardholder that applies for permanent household registration in this Municipality shall be governed by the relevant provisions of the state and the Measures for Shanghai Residence Card Holders' Applications for Permanent Household Registration in Shanghai Municipality.
Article 25 (Government Services)
The staff members of relevant administrative organs as well as community affairs acceptance service centers and talent service centers shall, according to their functions, provide services and conveniences for domestic out-of-towners in Shanghai in their applying for SRCs and points, inquiring about relevant information, and enjoying relevant treatment, and shall notdeliberately create difficulties for applicants, shuffle their responsibilities to others, or work in a delayed manner.
Article 26 (Information Confidentiality)
Relevant administrative organs as well as community affairs acceptance service centers and talent service centers shall keep confidential the information on domestic out-of-towners in Shanghai to which they get access in the process of providing services for and conducting administration of SRCs.
No entity or individual may divulge or illegally inquire about or use a cardholder's information.
Article 27 (Guidance Clauses)
Where the legal liability of any violation of these Measures has been provided by the Law of the People's Republic of China on Public Security Administration Punishments, the Interim Regulation on Residence Permits or any other law or regulation, such law or regulation shall prevail.
Article 28 (Administrative Liability)
Where any staff member of a relevant administrative organ falls under any of the following circumstances, the staff member's superior competent department or employer shall give him or her a warning or a demerit according to the law; give him or her a special demerit or demote him or her where the circumstances are rather serious; or remove him or her from office where the circumstances are particularly serious:
(1) Deliberately creating difficulties for any applicant, shuffling his or her responsibilities to others, or working in a delayed manner in the process of handling an application for an SRC or points.
(2) Illegally charging fees in the process of handling an application for an SRC or points or inquiring about relevant information or providing relevant treatment for a cardholder.
(3) Abusing his or her power or practicing favoritism or making falsification for personal gains when accumulating points for any applicant or verifying the application materials.
(4) Divulging or illegal inquiring about or using any cardholder's information.
Article 29 (Legal Liability for Providing False Materials)
Where any individual forges, alters, or uses forged or altered certification materials in the process of applying for an SRC or points, the public security department shall punish the individual in accordance with the relevant provisions of the state, and include the relevant dishonesty information in the public credit information service platform of this Municipality; if the circumstances are serious, the individual shall not be allowed to apply for points within three years; and if the violation is criminally punishable, he or she shall be held criminally liable according to the law.
Where any employer forges, alters, or uses forged or altered certification materials in the process of applying for points on behalf of any of its employees, the department of human resources and social security shall impose a fine of not less than 30,000 yuan nor more than 50,000 yuan thereon, and include the relevant dishonesty information in the public credit information service platform of this Municipality; and if the circumstances are serious, it shall be prohibited from applying for points on behalf of its employees within three years. The directly responsible person in charge and other directly liable persons shall be punished by the public security department in accordance with the relevant provisions of the state; and if the violation is criminally punishable, it shall be held criminally liable according to the law.
Article 30 (Legal Remedies)
If an individual or entity deems that the specific administrative act of a relevant administrative organ, in the process of providing services for or conducting the administration of SRCs, infringes upon his or its lawful rights and interests, he or it may apply for administrative reconsideration or file an administrative lawsuit according to the law.
Where the employer of a cardholder refuses or fails to apply for points on his or her behalf without a good reason, the cardholder may directly apply to the department of human resources and social security, and the department of human resources and social security shall order the employer to take corrective action or directly accept the application.
Article 31 (Transitional Clause)
The SRCs that have been handled before the implementation of these Measures shall remain valid during the valid periods thereof. Where, after the implementation of these Measures, an SRC needs to be endorsed upon the expiration of its valid period, it shall be handled in accordance with the relevant provisions of these Measures. Where a cardholder has applied for points and his or her conditions have not changed, he or she may not file a new application for points.
Article 32 (Provisions on Overseas Persons)
The residence registration and administration of certificates of foreigners, stateless persons, residents from Hong Kong Special Administrative Region and Macao Special Administrative Region, and residents from Taiwan region living in this Municipality shall be governed by the relevant provisions of the state and this Municipality.
Article 33 (Cost of production)
Whoever applies for an SRC for the first time shall be exempted from paying the cost of production of the SRC; and whoever applies for replacement or reissuance of an SRC shall pay the cost of production of the SRC. The standards for the cost of production of an SRC shall be ratified by the municipal finance department and the municipal price administrative department
Article 34 (Detailed Implementation Rules)
The Shanghai Municipal Public Security Bureau, the Shanghai Municipal Human Resources and Social Security Bureau and other relevant departments shall, in accordance with these Measures, develop corresponding detailed implementation rules.
Article 35 (Effective Date)
These Measures shall come into force on January 1, 2018, upon which the Measures for the Administration of Shanghai Residence Permits issued by Order No. 2 of the Shanghai Municipal People's Government on May 28, 2013, shall be repealed.