Opinions on Strengthening the Administration of Permanent Residence Services for Foreign Nationals
2018-07-01 1232
- Area of Law: Foreign Affairs
- Level of Authority: Group Provisions
- Date issued:02-18-2016
- Effective Date:02-18-2016
- Status: Effective
- Issuing Authority: General
Office of the Central Committee of the Communist Party of China (General
Office, CCCPC) General
Office of the State Council
General Office of the CPC
Central Committee and the General Office of the State CouncilIssuing the
Opinions on Strengthening the Administration of Permanent Residence Services
for Foreign Nationals
(February 18, 2016)
In order to serve the overall situation of China's economic and social
development, according to the overall requirements for comprehensively
deepening reform, the following opinions on strengthening the administration of
permanent residence services for foreign nationals are hereby offered.
I. Significance, Overall Requirements and Basic Principles
1. Significance. Currently, China has entered into a decisive stage for
accomplishing the building of a moderately prosperous society in all respects.
With the enhancement of national comprehensive strength and intensification of
internal talent competition, it is urgently needed to create a more favorable
opening-up environment with a more active, open, confident, flexible and
pragmatic attitude. The permanent resident system for foreign nationals is an
important means of attracting and serving foreign nationals who start up
businesses, invest, work and live in China. Since the implementation of the
permanent resident system for foreign nationals in China, it has played an
important role in serving the national talent strategy, attracting overseas
investments and cultivating overseas Chinese resources and other aspects.
However, there are still problems such as unreasonable setting of application
requirements, relatively narrow scope of foreign nationals to whom residence
permits are issued and inefficientfulfillment of treatment, among others. The
further intensification and improvement of the administration of permanent
residence services for foreign nationals is of great significance to
implementing the strategy of prospering the country by relying on talents,
promoting economic and social development, enhancing the attractiveness of the
country and building a harmonious society under new situations.
2. Overall requirements. All relevant parties shall comprehensively implement
the spirit of the 18th National Congress of the Communist Party of China
(“CPC”) and the Third, Fourth, and Fifth Plenary Sessions of the 18th CPC
Central Committee, be guided by the Deng Xiaoping Theory, the important
thoughts of “Three Represents” and the Scientific Outlook on Development,
implement in depth the spirit of a series of important speeches delivered by
the General Secretary Xi Jinping, firmly establish the concept of innovative,
coordinated, green, open and shared development, adhere to the strategic
objective of gathering and hiring talents around the world, implement more
active and effective policies on the administration of permanent residence
services for foreign nationals, further rationalize the institutional
mechanisms, improve policies and regulations, optimize application
requirements, streamline workflow, fulfill qualification treatment, strengthen
routine administration, and form a more scientific, reasonable, open and
pragmatic pattern for the administration of permanent residence services for
foreign nationals.
3. Basic principles
- Adhering to the integration of enlarging opening-up and basing on national
conditions. All relevant parties shall, with international perspectives,
forward-looking thinking and all-embracing mindset, and be based on China's
national conditions, fully utilize the good practices of all countries,
implement more open and confident permanent residence policies, and serve and
promote opening-up within a wider range and in broader areas.
- Adhering to the integration of planning and market. All relevant parties
shall focus on the talent strategy of the state, highlight “high-levels,
elites, top leaders, and urgently-needed people,” and, on the basis of actively
serving key talent introduction plans, establish a talent determination
mechanism, relax the requirements for foreign talents to apply for permanent
residence, and attract and gather more outstanding talents.
- Adhering to the integration of services and management. All relevant parties
shall accelerate the improvement of relevant laws and regulations and
supporting provisions, form a management system for permanent residence
services for foreign nationals featured byunityofrightsandobligations, equal
importance to services and management, and integration of entry and exit,
strengthen system implementation, keep improving service levels, and
effectively safeguard national security.
- Adhering to integration of national needs and social needs. All relevant
parties shall be oriented by demands and fully reflect the needs of national
and social development so as to provide more convenience for foreign talents,
investors and prominent contributors' applications for permanent residence, reasonably
satisfy the needs of family reunion personnel for permanent residence, and
effectively fulfill the qualification treatment for foreign nationals residing
permanently in China.
II. Improving theSystem and Mechanisms for the Administration of Permanent
Residence Services
4. Integrating administration system. All relevant parties shall adhere to
unified administration and consistency between powers and responsibilities,
adjust and rationalize the division of functions of the relevant government departments,
strengthen the integration of the administration functions for permanent
residence services for foreign nationals, further improve the institutional
setup and duty configuration of the migrant administrative department of
thestate, and uniformly assume the functions of developing permanent residence
polices, conducting acceptance and approval, and conducting routine service
administration, among others.
5. Establishing an overall planning and coordination mechanism. All relevant
parties shall establish a coordination mechanism for the administration of
permanent residence services led by the administrative department for the
approval of permanent residence of foreign nationals, strengthen policy
connection, resolve the major problems through consultation, and coordinate in
effectively ensuring work implementation; and establish an expert consultation
mechanism for permanent residence policies, and conduct investigation and
research by relying on various think-tank resources.
6. Advancing the construction of the rule of law. All relevant parties shall
accelerate the development of the regulation on the administration of permanent
residence services for foreign nationals, the regulation on administration of
foreign nationals working in China and other administrative regulations and
supporting regulatory documents, establish a unified and standardized law and
regulation system featuring highlighted priorities and mutual convergence, and
provide legal guarantee for the administration of permanent residence services
for foreign nationals.
III. Setting Flexible and Pragmatic Permanent Residence Application
Requirements
7. Actively serving governments' introduction of foreign high-level talents.
All relevant parties shall implement the recordation system for key talent
introduction plans, steadily expand and make dynamic adjustments to the
recordation scope of key talent introduction projects, and open green channels
for foreign high-level talents to apply for permanent residence; and establish
the talent visa and permanent residence connection mechanism, and give priority
to the handling of the applications for permanent residence in China filed by
the candidates for “Thousand Talents Program” of the state and other projects
subject to recordation incorporated into key talent introduction plans.
8. Promoting the establishment of market-oriented application standards for
talents' permanent residence in China. All relevant parties shall, in
consideration of social management needs, actively play the roles of market in
foreign talent and intellectual resource allocation, link up with wages, taxes
and social credit and other market evaluation factors, explore
points-basedsystem and other assessment mechanisms, establish the indicator
evaluation system for talents to apply for permanent residence which service
national development strategies, and reflect market demands and have concise
and quantitative requirements, and provide convenient channels for talents
needed by and state and recognized by the market to apply for permanent
residence in China.
9. Improving the mechanism for conversion of foreign nationals from work
residence to permanent residence. All relevant parties shall, as needed by
economic and social development, adjust the thresholds for staffers in China to
apply for permanent residence, expand the scope of types of employers, lift the
restrictions on job levels, relax the requirements for the time limits for
residence; and, for foreign nationals who work in the industries and fields
with significant state support, smooth out the mechanism for conversion from
work residence to permanent residence; and relax the restrictions on
outstanding foreign students working in China, and provide channels for their
work and applications for permanent residence within China after their
graduation.
10. Adjustingthe requirements for foreign investors in China who apply for
permanent residence in China. All relevant parties shall implement active
investment immigration policies, and, in consideration of the stage and
regional characteristics of economic development, enrich evaluation elements,
and make flexible adjustments to investment period, amount, ways and other
application standards so as to attract foreign nationals to invest in China.
11. Offering facilitation to foreign nationals who make tremendous
contributions in applying for permanent residence in China. All relevant
parties shall further expand the scope of personnel who make tremendous
contributions, enrich ways of making recommendations, simplify application
procedures, shorten approval time limits, advocate and encourage foreign
friends to contribute to promoting China's education, science and technology,
culture, health, sports, public welfare and other undertakings, and set good
examples for them in enhancing the friendship between China and foreign
countries, maintaining world peace, promoting common development and carrying
forward the core socialist values.
12. Actively responding to the reasonable demands of familyreunionpersonnelfor
permanent residence. All relevant parties shall expand the types of permanent
residence applied for by familyreunionpersonnel, relax the requirements for
residence period, and provide the personnel who reside in China on a long-term
basis, and had Chinese nationality before with the channels for applying for
permanent residence; and, according to the economic and social development
capacity, make research on introducing the quota approval system, and achieve
the reasonable allocation in the number of personnel.
IV. Furthering Standardizing and Optimizing the Permanent Residence Acceptance
and Approval Procedures
13. Establishing unified information release mechanisms. The administrative
departments for the approval of foreign nationals' applications for permanent residence
shall take charge of issuing in a unified manner the policy provisions and
relevant information on foreign nationals' permanent residence, and publish in
a timely and accurate manner the application requirements and handling
procedures for permanent residence to facilitate public inquiry.
14. Optimizing the acceptance and approval process. All relevant parties shall
further reduce the approval, certificate making and circulation links, and
improve the acceptance and approval efficiency. For high-level talents and
personnel with outstanding contributions who apply for permanent residence, the
application materials shall be simplified, and the approval time limits shall
be shortened.
15. Improving verification measures. Relevant departments shall effectively
conduct the communication and connection in respect of the recordation of
foreign high-level talent introduction plans and the development and adjustment
of the guiding catalogues of foreign nationals' investment fields in China and
of foreign nationals' work in China, etc., and accelerate information
verification and feedback.
V. Clarifying and Fulfilling the Permanent Residence Qualification Treatment
16. Clarifying the functions and roles of permanent residence permits for
foreign nationals. A permanent residence permit is an identity document for a
foreign national to reside within China, and may be used separately. A foreign
national may handle finance, education, medical, transportation,
communications, employment and social insurance, property registration,
litigation and other matters upon the strength of a permit. The residence
period of a permit holder shall not be subject to limitation, and a permit
holder may enter or leave China upon the strength of his or her own passport or
permanent residence permit.
17. Improving the related work and living. Foreign nationals who reside in
China permanently shall be exempted from applying for work permits for foreign
nationals when working within China, and may participate in examinations for
qualifications for holding specialized technical posts and professional
qualification examinations as required; may enjoy equal treatment as Chinese
citizens in terms of house purchase, handling of financial business,
application for driving licenses, enrollment of their children, transportation,
accommodation registration, among others; may participate in the corresponding
social insurances in accordance with the law, and deposit and use housing
provident funds if they work in China; and may enjoy social insurance treatment
with reference to the provisions on domestic urban and rural residents'
participation in basic medical insurance at their places of residence and basic
endowment insurance for urban and rural residents if they reside but do not
work within China and comply with the provisions of regions under the overall
planning; and may undergo the relevant formalities for the self-use articles
carried according to the provisions of the Customs at the time of customs
clearance.
18. Implementing qualification treatment. The relevant departments shall
clarify the scopes of matters concerning the national treatment enjoyed by
foreign nationals residing permanently in China within the scope of their
respective functions, and announce them to the public; promote the
incorporation of provisions on permanent residence qualification treatment for
foreign nationals into the track of legalization, and intensify their legal
force. All localities and relevant departments shall incorporate the permanent
residence qualification treatment for foreign nationals into the scope of
policies, and develop the corresponding supporting measures and strengthen the
implementation and supervision thereof, and promote policy implementation.
VI. Strengthening Routine Service Administration
19. Promoting social integration. The local governments at all levels shall
incorporate foreign nationals residing permanently in China into the permanent
resident service administration system, establish the service mode for the
integration of foreign nationals residing permanently in China in which the
government takes the leadand departments interact with each other and which
involves the participation of the general public, and provide language
training, employment services, legal services and other social integration
services according to the actual circumstances so as to help foreign nationals
residing permanently in China better integrate into Chinese society.
20. Strengthening social services. All relevant parties shall guide and
regulate the legal provision of social services by entities where foreign
nationals work, social intermediaries and legal service institutions for
foreign nationals who apply for residing permanently, working and living in
China; and, by relying on the public service system for foreign talents,
establish service windows, provide one-stop services, and coordinate in
effectively determining and implementing the treatment for talents introduced
by governments.
21. Improving routine administration. All relevant parties shall, in
consideration of credit system construction, strengthen the administration of
the work, study, tax payment, participation in social insurance and other
information of foreign nationals residing permanently in China, and direct
foreign nationals residing permanently in China to abide by Chinese law and
respect social customs.
22. Improving the exit mechanism. All relevant parties shall improve and cancel
the circumstances and procedures of permanent residence qualification, and, as
for the foreign nationals who endanger the national security and interests of
China, are expelled from China as sentenced, obtain permanent residence
qualification by any fraudulent means, fail to reside in China for prescribed
period, are terminated from being introduced by talent introduction departments
and other foreign nationals inappropriate for residing permanently within
China, cancel their permanent residence qualification in accordance with the
law, and restrict them from reapplying for permanent residence qualification
within prescribed time limits.
VII. Improving the Guarantee Level of Permanent Residence Service
Administration
23. Strengthening organization and leadership. Local Party committees and
governments at all levels and relevant departments shall fully understand the
important significance of administration of the permanent residence services
for foreign nationals, include it in the important agenda, further unify their
thinking, clarify their tasks, make meticulous organization, develop specific
implementation opinions according to actual local circumstances, put forward
measures and requirements with strong operability, and ensure that all policies
are implemented and take effect.
24. Strengthening the building of professional teams. All relevant parties
shall, according to the development and changes of the situations and tasks of
administration of permanent residence services for foreign nationals,
strengthen the building of professional teams for the acceptance, approval and
service administration of foreign nationals' permanent residence, reinforce and
replenish forces, and improve quality so as to further improve the professional
level of service administration.
25. Strengthening information technology guarantee. The Ministry of Public
Security shall take the lead in establishing information platforms for the
administration of permanent residence services for foreign nationals, achieve
information interconnection and sharing with the departments of diplomacy,
development and reform, comprehensive governance, education, science and
technology, human resources and social security, foreign experts, housing and
urban-rural development, finance, commerce, health and family planning, and
taxation, among others, and provide support for the policy research and service
administration fir foreign national's permanent residence; and accelerate the
technical upgrading and transformation of the relevant equipment of railway,
civil aviation, banking, insurance, hotel and other window departments and
entities, and improve the supporting facilities for permanent residence
services.
26. Strengthening publicity and guidance. All relevant departments shall
effectively conduct policy interpretation and public opinion guidance, improve
the social awareness and international influence of permanent residence
policies for foreign nationals, enhance the compatible acceptance of foreign
nationals residing permanently within China by the whole society, create a more
open and compatible social atmosphere, and create a favorable environment for
attracting more foreign nationals to make innovations and start up businesses
in China.