Regulations on Encouraging Overseas Students to Work and Start Career in Shanghai

 2018-10-15  968


Chapter I  General Provisions


Article 1  

With a view to further carrying out the Decision on Further Strengthening Talent Work by the CPC Central Committee and the State Council, carrying out the requirements of the Municipal Party Committee and the Municipal Peoples's Government for deepening the reform of the talent work system mechanisms to promote the talent's making innovation and starting career, quickening the construction of the center of sci-tech innovation with global influence, exercising the more active, more open and more effective policy of attracting overseas talent and constantly optimizing the environment for overseas students to work and start career in Shanghai, these Regulations are hereby formulated.

Article 2

These Regulations apply to overseas student returnees working and starting career in Shanghai including those with alien citizenship and those studying abroad from Hong Kong, Macao and Taiwan regions.

The overseas students mentioned in the preceding clause shall meet the following conditions:

    1. persons studying overseas (out of border) at public expenses or self-expenses and obtaining overseas (out-of-border) academic degree of bachelor (inclusive) and above; and

    2. visiting scholars or persons continuing education who have obtained bachelor degree (inclusive) and above or over secondary professional technical position qualification at home engaged in advanced studies at higher learning institutions and scientific research institute overseas (out of border) for over one year (inclusive) and obtained certain achievements.

Article 3

The Municipal Human Resources and Social Security Bureau is the competent administrative department of overseas student returnees working and starting career in Shanghai, responsible for making, and organizing the implementation of, policies and planning of this Municipality attracting overseas students, making comprehensive analysis of information of overseas students to be introduced and making benefit evaluation of relevant work.

    The Municipal Science Commission, the Municipal Education Commission, the Municipal Public Security Bureau, the Municipal Administration for Industry and Commerce, the Municipal Commerce Commission, the Municipal Quality and Technical Supervision Bureau, the Municipal Finance Bureau, the Municipal Land and Tax Bureau, the Municipal Economic Informatization Commission, the Municipal Public Health and Family Planning Commission, the Customs, People's bank Shanghai headquarters and the State foreign exchange administration Shanghai branch shall, according to their respective functions and duties, do well the work related to encouraging overseas students to work and start career in Shanghai.

Article 4

The relevant government departments and every venture park, every social club and every employing unit of overseas student returnees shall strengthen education of overseas student returnees on ideological, political and moral building to make them aware of observance of laws, regulations, rules and social morals. Meanwhile they shall be concerned about the work and life of overseas student returnees and provide convenience for them to work and start career in Shanghai. 

Article 5

The Shanghai municipal joint meeting of foreign experts (overseas talent), composed of by this Municipality's relevant departments and units, shall mainly solve major problems in the work of overseas student returnees, with routine work in the charge of the Municipal Human Resources and Social Security Bureau (the Municipal Bureau of Foreign Experts)


Chapter II  Conditions to Be Met by High-level Overseas Student Returnees and Modes of Overseas Student Returnees Serving This Municipality


Article 6

This Municipality lays stress on introducing overseas students urgently needed by strategic industries and major projects. The high-level overseas student returnees referred to in these Regulations shall, apart from meeting the conditions of overseas student returnees, comply also with the following conditions:

    1. enjoying certain popularity in international academic and technical circles, being a pioneer or founder of a certain field or a famous scientist having made considerable contributions to the development of a certain filed;

    2. being an expert or scholar holding a position equal to associate professor or associate research fellow and above in a famous higher-education institution or scientific research institute overseas (out of border);

    3. being a business management expert holding a senior executive position in a world-known enterprise, or a senior technical position in a famous transnational company or financial institution or in a well-known lawyer (accounting, consulting) firm, and a manager or technician familiar with relevant field business and international rules, and in possession of richer practical experience ;

    4. being an expert or scholar holding a senior management position in a government agency, inter-government international organization, or well-known non-government institution overseas (out of border);

    5. being an expert or scholar having academic attainments, having made major contributions to the development of a certain specialty or field, having published academic papers with influence in international famous academic journals, or having been awarded academic awards with international influence, with achievements standing in the academic frontier of the corresponding industry or field, and generally recognized in the industry;

    6. being an expert, scholar or technician having taken charge of an international large scientific research or engineering project, with richer experience in scientific research and engineering technology;

    7. being a professional technician having independent intellectual property such as major technical invention and patent or technical know-how; or

   8. being special talent with the special expertise urgently needed by this Municipality.

Article 7

According to relevant laws, regulations, rules and relevant provisions of the State and this Municipality, overseas student returnees shall be encouraged to take diversified modes to serve the development of this Municipality's economic society:

    1. to act as a public servant (except with foreign citizenship), adviser, or consulting, technical expert in a state organ;   

    2. to establish a high-tech enterprise in the mode of techniques as shares or investment;

3. to act as a legal representative of a state-owned enterprise;

4. to be engaged to hold or concurrently hold a professional technical position, middle or senior management position, adviser or honorary position in a school, scientific research institute, medical institution, cultural and art troupes, news media, financial institution, major (open) laboratory, engineering technology research center and other enterprise or public institution;

    5. to invest in the establishment of an education or medical institution or architectural design, lawyer, accounting, consulting and other service agencies;

    6. to make use of advanced scientific technology, equipment, funds and other conditions to conduct cooperative research or set up a base for cooperative study and development with higher-learning institutions, scientific research institutes and various enterprises;

    7. to hold the senior management or technical post of a major engineering or a key project;

8. to give lectures in this Municipality or conduct exchanges in academic, cultural and art and such other aspects;

    9. to conduct abroad the activity of research and development of a scientific research project entrusted or to entrust the relevant research unit or organization in this Municipality with an overseas scientific research project for research and development;

    10. to rely on overseas scientific research, education and training agencies to cooperate with or accept entrustment from relevant unit to train talent for the employing unit;

    11. to register intermediary agencies in this Municipality to provide intermediary services for this Municipality's introduction of foreign investment, technology and projects, to contact foreign experts who hold various academic and technical exchanges in this Municipality, contact overseas academic and technical organizations for conducting international exchanges and cooperation in scientific technical and economic aspects, and offer intermediary services abroad to explore the international market, introduce and promote this Municipality's products.

    12. to accept the offer of employment to work in this Municipality's unit's overseas agency; or

13. to serve this Municipality in other modes.


Chapter III  Establishing Enterprises and Other Economic Entities


Article 8

The Municipal Human Resources and Social Security Bureau shall provide the qualification affirmation and other related services for overseas student returnees to enjoy preferential policy in setting up an enterprise; the Municipal Administration for Industry and Commerce, the Municipal Finance Bureau, the Municipal Land and Tax Bureau, the Municipal Commerce Commission, the Municipal Quality and Technical Supervision Bureau, Shanghai Customs, and the state foreign exchange administration Shanghai branch shall provide integration services to make overseas student returnees easy to go through the enterprise registration and other related formalities.

Article 9

The Municipal Human Resources and Social Security Bureau may first process the qualification affirmation for enjoyment of preferential policy on the establishment of overseas student returnees's enterprises, for which the overseas students entrusted their domestic relatives to apply, and then the relevant departments shall handle relevant formalities so as to make overseas student returnees easy to make investment and establish enterprises in Shanghai.

Article 10

Overseas student returnee's venture parks shall be established in this Municipality. Such parks shall enjoy preferential policies on incubation institutions in high-tech development zones and economic technical development zones, and some professional risk funds or venture funds may be introduced and established.

Article 11

This Municipality encourages and supports overseas student returnees's venture parks where conditions permit to establish seed funds and guarantee funds to provide overseas student returnees with start-up capital support and financing guarantee and create conditions for enterprises in the park in attracting international venture investment and striving to be listed.

Article 12

Every overseas student returnees's venture park shall provide convenient services for overseas student returnees to start up enterprises in enterprise registration, land use, taxation, commodity inspection, import and export agency, business, utilities, labor personnel and such other aspects, reducing formalities and decreasing links and shall provide preferential treatment in ground rental, funding support and information services for overseas student returnees's enterprises registered in the park. Meanwhile, they shall assist overseas student returnees in applying for this Municipality's various projects with government support according to procedure.

Article 13

The governments at different levels shall strengthen support to overseas student returnees's venture parks, actively support the establishment of such parks, and show concern for the construction and development of such parks. It is imperative to establish the evaluation mechanisms of high-tech projects in such parks, select enterprises with more technical contents in such parks to make such parks real bases of incubation of overseas student returnees's high-tech enterprises and translation of scientific research innovation achievements.

Article 14

The Municipal Human Resources and Social Security Bureau shall, jointly with every district/county people's government and relevant departments, strengthen guidance, support and management of overseas student returnees's venture parks. The Municipal Human Resources and Social Security Bureau shall conduct regular investigation and evaluation of such parks.


Chapter IV  Relevant Treatment


Article 15

Overseas student returnees working or starting career in this Municipality may, according to this Municipality's relevant regulations, apply for the Shanghai Residence Permit. Among them, overseas student returnees with foreign citizenship and those meeting other conditions may apply for the Shanghai Overseas Talent Resident Card (Shanghai Residence Permit B).

Article 16

This Municipality encourages every district/county people's government to set up classes of overseas student returnees's children to show concern for their going to school and promotion. The children of overseas student returnees with valid Shanghai Residence Permit B shall have equal treatment with this Municipality's residents in stages of pre-school, compulsory education and common high-school education. Those who have lived abroad for over five years and have three years of domestic language adaption period and take exam of promotion from junior middle to high school may have admission score line properly lowered. The children of overseas student returnees with Shanghai Residence Permit B who have obtained high school diploma may apply for colleges and universities under jurisdiction of this Municipality. Qualified children of overseas student returnees may enter alien children's school in this Municipality.

    Relevant departments shall actively create conditions to better satisfy schooling demands of overseas student returnees's children with foreign citizenship. The school of alien children shall be set up additionally in the area with many aliens, so as to provide convenience for the children of introduced high-level overseas students to go to school of alien children. Encouragement and support shall be given to this Municipality's primary and middle schools to create better conditions for alien children's class integration.

Article 17

Overseas student returnees with foreign citizenship and with Shanghai Residence Permit B may, according to regulations, apply for resident permit with equal valid term with the residence permit. The work unit of such personnel shall assist them in completing relevant formalities.

Article 18

Overseas student returnees with Shanghai Residence Permit B who have foreign citizenship or permanent (long-term) resident card overseas (out of border) may be exempted from other employment permit.

Article 19

Overseas student returnees with Shanghai Residence Permit B during the period of working in Shanghai may, according to regulations, take the professional technical position qualification assessment or examination, the professional technical occupation qualification exam and registration in this Municipality. A green passage for senior professional title assessment shall be opened, and the overseas professional work experiences, academic or professional technical contributions of the qualified high-level overseas students may be taken as basis for assessment of senior professional technical title, not subject to their domestic office year restriction.

Article 20

As high-level overseas student returnees settling down in Shanghai to work or start career, they in person and their spouse and children who returned along with them or their spouse in China relocated with them and their children under the age of 16 years or going to the common middle school may, according to the relevant provisions of this Municipality, go through the permanent residence registration or Shanghai Residence Permit with the Municipal Human Resources and Social Security Bureau.

Article 21

This Municipality provides convenience of residence and exit and entry for foreign students. To establish and perfect the market recognized talent mechanisms, overseas student returnees with foreign citizenship who have worked in Shanghai for accumulative four years, with actual residence in territories of China accumulated not less than six months every year, with stable living guarantee and domicile, with annual income in salary and yearly payment of individual income tax reaching the prescribed standards, upon recommendation of the employing unit, may, according to relevant provisions, apply for permanent residence in China.

Article 22

As for high-level overseas students with foreign citizenship selected in the 鈥渢housand person plan's and such other program of the central government and this Municipality, the Municipal Human Resources and Social Security Bureau (the Municipal Foreign Experts Bureau) may directly recommend to apply for aliens's permanent residence card to the Human Resources and Social Security Commission and the Municipal People's Government.

Article 23

It is imperative to perfect the channel of applying for permanent residence card and explore the mechanisms of residence transforming and linking to permanent residence. As for high-level overseas students with foreign citizenship recognized by the Municipal Human Resources and Social Security Bureau (the Municipal Foreign Experts Bureau) may, not subject to the restriction of the age of 60 years, apply for residence permit of work category with valid term of five years (with talent added in remarks), and may apply for permanent residence in China after three years of work and upon recommendation of the employing unit. 

Article 24

It is imperative to give full play to the policy roll of R visa (talent visa), and enlarge the application scope of R visa. As for high-level overseas students with foreign citizenship recognized by the Municipal Human Resources and Social Security Bureau (the Municipal Foreign Experts Bureau), R visa may be applied for after arrival to the port, and residence permit be handled after entry according to regulations; those who hold other visa come to China may, after entry, apply for alteration to talent visa or handle residence permit according to regulations.

Article 25

This Municipality establishes special funds by raising funds through multiple channels to be as funding support and relevant allowances for high-level overseas student returnees to start career, work, and give lectures for a short period in Shanghai. The methods of raising, using and managing special funds shall be worked out by the Municipal Human Resources and Social Security Bureau along with the Municipal Finance Bureau, the Municipal Land and Tax Bureau, the Municipal Science Commission, and the Municipal Economic Informatization Commission. The fund raising shall follow the relevant provisions of the State.  

    Every district/county people's government may establish necessary special funds correspondingly to support high-level overseas student returnees starting career and working in Shanghai.

Article 26

Every unit in this Municipality shall show concern for the employment of high-level overseas student returnees's spouses, with priority to be given in recruitment under the equal conditions.

Article 27

This Municipality encourages all kinds of financial institutions, domestic and overseas venture investment fund, nongovernment capital and such others to establish, according to the state's and this Municipality's relevant provisions, overseas student returnees's venture investment fund to provide fund support for overseas student returnees's enterprises. The government's angle investment guide fund scale shall be enlarged to bring along social capital jointly enlarging input in innovation and business starting of medium and small-sized enterprises of overseas student returnees, to promote the growth of start-up sci-tech medium- and small-sized enterprises, and to support the development of early and middle-stage, and start-up enterprises in new industry field.

Article 28

Overseas student returnees engaged in a recognized high-tech achievement translation project may enjoy the super deduction in their salary income gained in Shanghai according to regulations in calculating their due payment of individual income tax.

Article 29

Overseas student returnees with no foreign citizenship may, according to relevant laws, rules and regulations, enter for an examination for a post of public servant of this Municipality. The Municipal Human Resources and Social Security Bureau may, in the light of characteristics of overseas student returnees, according to needs of government organs, organize for eligible overseas student returnees to enter for an examination for recruitment of public servants and shall, in the principle of openness, fairness and justice, recruit qualified overseas student returnees as public servants.

Article 30

Overseas student returnees with foreign citizenship who work or start career in Shanghai, upon obtaining the Shanghai Residence Card B, shall take this Municipality's social insurance according to the state's and this Municipality's relevant provisions. Their spouse without job and their children under the age of 18 years or studying at high school may take this Municipality's urban and rural residents's medical insurance and enjoy corresponding treatment.

Article 31

Encouragement shall be given to this Municipality's insurance enterprises to develop commercial medical insurance products meeting medical demands of overseas talent, and to explore the building of a platform of uniform release of this Municipality's insurance enterprises's international commercial medical insurance information geared to overseas high-level talent. Encouragement and support shall be given to hospitals with appropriate conditions to further improve the overseas talent's medical environment, strengthen cooperation with insurance companies at home and abroad, and join the direct payment system of international medical insurance. Support shall be given to the market subject to set up a third-party international medical insurance settlement platform.

Article 32

An overseas student couple with Chinese passports settling down to work or start business in Shanghai, who has given birth to a second child abroad or in this Municipality after pregnancy abroad, may, according to the state's and this Municipality's relevant provisions, have this Municipality's permanent residence of the second child registered along with the parents. 

Article 33

The overseas student returnees's remuneration for their work in this Municipality may be determined with favorable consideration through consultation between the employing unit and them in person according to the post they hold and their contributions. Higher-education institutions and scientific research institutes are encouraged to explore various factors in distribution, adopting annual salary, agreement salary, project salary and other modes to employ high-level scientific research talent, with expenditures of personnel needed not included in the control scope of the performance payroll. The proportion of expenditures of scientific research project personnel shall be raised.

Article 34

The residence of overseas student returnees working in this Municipality shall be solved through consultation between the employing unit and the persons in question. The employing unit may provide housing in the mode of agreement and also in the principle of the monetary housing, the persons in question may rent or buy home. The district/county, industrial park and enterprise are encouraged to provide rent subsidies for excellent overseas student returnees outside of the system who make sci-tech innovation or start business.

Article 35

Overseas student returnees who gained profits in Renminbi from foreign-funded, joint venture or cooperative enterprises established in China or legal income in Renminbi during work in Shanghai may handle formalities for purchase, payment and remittance at the designated bank for exchange according to relevant provisions.

Article 36

Overseas student returnees in Shanghai who need to import scientific teaching articles from abroad for scientific research and teaching shall rely on their work unit such as higher-education institutions and scientific research institutes qualified for duty free to make application to the customs. The customs shall, according to the state's relevant provisions, handle formalities for tax reduction or exemption. In need of making payment for import goods abroad, formalities for exchange buying may be handled at designated banks for foreign exchange by presentation of import contracts, invoices and import bill customs declaration.

Article 37

Within the scope of industry that the State and this Municipality permit and encourage to invest in, overseas student returnees may make technical transfers, technical contracts and technical shares in Shanghai by use of technical patents and achievements, and may also run their own enterprises, cooperate or make joint equity with this Municipality's enterprises and may also make investment in Shanghai in the name of individual or overseas registered company. The registered capital of enterprises of overseas student returnees may follow the minimum standard for enterprises registered in the same category.

Article 38

Appropriate awards shall be given to overseas student returnees who have made outstanding contributions in this Municipality. Relying on this Municipality's excellent talent honor system, great efforts shall be made to commend outstanding returned student talent who has made innovations and started career in this Municipality.

Article 39

Where overseas student returnees open channel by themselves to introduce overseas projects, the benefit-recipient unit may give remuneration to such persons in a certain proportion.


Chapter V  Supplementary Provision


Article 40

These Regulations shall be effective as of February 1, 2016, and valid until December 31, 2020.