● The draft rules require permanent foreign residents to live in China for at least three months each year.
● Departments under the State Council and government at all levels should provide convenience for permanent foreign residents when they need banking, education, medical and transportation services, according to the draft rules.
● Aliens with permanent residence may pass through channels for Chinese citizens when entering or leaving the country. They can purchase commercial housing in China, and are eligible to use the housing fund, they said.
Travelers apply for up to 144-hour visa-free entry at Beijing Capital International Airport, on Dec 26, 2019. The entry also can be used to visit Tianjin and Hebei province. [Photo by Zou Hong/chinadaily.com.cn]
The Ministry of Justice on Thursday published draft rules on foreigners' permanent residence in order to solicit public opinion.
The draft rules are meant to further the country's opening up to the world, standardize the administration of foreigners' permanent residence in China and protect the legal rights of aliens who have obtained permanent residence.
Foreigners with internationally acknowledged achievements in the fields of economics, science and technology, education, culture, health and sports will be able to apply for permanent residence, according to the draft rules.
Foreigners who have made outstanding contributions to China's economic and social development, including engaging in public welfare activities and promoting exchanges between China and other countries, can apply upon the recommendations of relevant national departments or provincial-level governments, they said.
Talented foreigners in urgent demand in some industries or regions of the country who are recommended by relevant authorities－including university professors and senior managers in high-end enterprises－may apply for permanent residence, they added.
The draft regulations stipulate that foreigners whose investment in China is at least 10 million yuan ($1.42 million) or who invest in an area under the country's encouragement measures with the amount of investment, tax payments and the number of Chinese citizens employed meeting prescribed standards, are eligible to apply.
Eligible applicants also include spouses of Chinese citizens.
The draft rules added a new section regarding conditions under which foreign employees in China can apply for permanent residence, including foreigners with doctoral degrees or diplomas from an internationally renowned university who have worked in China for at least three years and have resided in China for at least a year.
The draft rules require permanent foreign residents to live in China for at least three months each year.
Departments under the State Council and government at all levels should provide convenience for permanent foreign residents when they need banking, education, medical and transportation services, according to the draft rules.
Aliens with permanent residence may pass through channels for Chinese citizens when entering or leaving the country. They can purchase commercial housing in China, and are eligible to use the housing fund, they said.
Permanent foreign residents or their children who move with them can receive compulsory education in China at no charge.
Organizations and individuals can submit their feedback on the draft regulations until March 27 via the ministry's official website or by email, YJJL2020@chinalaw.gov.cn
Chapter I: General Provisions
● Article 1
These regulations are formulated in accordance with the Exit and Entry Administration Law of the People's Republic of China with a view to further opening up to the outside world, standardizing the administration of permanent residence of foreigners in China, and safeguarding the lawful rights and interests of foreigners who have obtained permanent residence (hereinafter referred to as the P.R. Law).
● Article 2
These regulations shall apply to the application and examination and approval of foreigners for permanent residence, as well as to the service and administration of foreigners who are permanent residents.
● Article 3
The system of permanent residence for foreigners shall meet the needs of national security and interests and be commensurate with the country's level of economic and social development.
● Article 4
The lawful rights and interests of foreigners who reside permanently in China shall be protected by law, and the duration of residence in China shall not be restricted.
Foreigners residing permanently in China shall abide by Chinese laws and may not endanger China's national security, harm public interests or disrupt public order.
● Article 5
The state Immigration Administration is responsible for the administration of permanent residence of foreigners. The relevant departments under the State Council shall, within the scope of their respective functions and duties, administer the services for foreigners who reside permanently.
Local governments at various levels shall do a good job in the service and administration of foreigners who reside permanently in their respective administrative areas.
● Article 6
The National Immigration Administration Department shall, together with the relevant competent departments of the state, establish a coordination mechanism and information sharing mechanism for the administration of permanent residence services for foreigners.
The State shall establish a mechanism for the regular evaluation and adjustment of foreigners' permanent residence policies. When necessary, a quota examination and approval system shall be applied to foreigners' permanent residence qualifications with the approval of the State Council.
● Article 8
The State Immigration Management Department, in conjunction with the Science and Technology, Human Resources and Social Security Departments, shall formulate a point evaluation system in a timely manner.
● Article 9
The State Immigration Management Department shall through government websites and other public means, uniformly release the necessary materials, procedures, procedures and other examination and approval policy information on the application for permanent residence of foreigners.
Chapter II: Application Conditions
● Article 10
In accordance with Chinese law, foreigners with basic economic self-sufficiency and basic knowledge can live in China, and foreigners who meet the application requirements stipulated in these regulations can apply for permanent residence.
Foreigners who stay or reside in China for diplomatic or official reasons may not apply for permanent residence.
● Article 11
Foreigners who have made outstanding contributions to China's economic and social development may, on the recommendation of the competent authorities of the state or the people's governments of provinces, autonomous regions and municipalities directly under the central government, apply for permanent residence under any of the following circumstances:
To make outstanding contributions to China's science and technology, education, culture, health, sports and other undertakings;
To engage in public welfare activities in China and make outstanding contributions to the development of public welfare undertakings in China;
To make outstanding contributions to promoting friendly exchanges and cooperation between China and other countries, safeguarding world peace and promoting common development;
other circumstances in which China has made outstanding contributions to its economic and social development.
● Article 12
Foreigners who have made internationally recognized outstanding achievements in the fields of economy, science and technology, education, culture, health and sports may directly apply for permanent residence.
● Article 13
Foreigners who need to be brought in because of the country's economic and social development may apply for permanent residence under any of the following circumstances:
Urgently needed talent introduced into key industries and regions of the state and recommended by competent departments;
Assistant professors and academic researchers with titles of assistant researcher and above who have been introduced and recommended by universities and research institutions that are under state key construction, and professors and researchers introduced and recommended by other universities and research institutions;
Senior management personnel, senior professional and technical personnel introduced and recommended by high-tech enterprises, innovative enterprises and well-known domestic enterprises.
Professionals recommended by foreigners who have obtained permanent residence status in accordance with Article 12 of these regulations.
The recommendation unit and individual listed in the preceding paragraph shall issue a true and reliable recommendation letter, and shall be responsible for the authenticity of the reason for the introduction and the relevant qualifications of the recommendation object.
● Article 14
The state immigration management department shall establish consultation mechanisms with relevant departments of the State Council, such as diplomacy, development and reform, education, science and technology, human resources and social security, commerce, culture, health and health, and sports. Consultation on the specific standards stipulated in Article 13.
● Article 15
Foreigners who work in China in accordance with the law belong to one of the following situations and have good tax records and credit records, they can apply for permanent residency:
Have a doctoral degree or graduate from a well-known international university, have worked in China for three years, and have accumulated an actual residence period of not less than one year;
Having worked for three consecutive years in key industries and regions where the state has been developing, during which the accumulated actual residence time shall not be less than one year, and the annual wage income shall not be less than four times the average wage of urban employees in the region where they were in the previous year;
Having worked in China for four consecutive years, during which the cumulative actual residence time is not less than two years, and the annual salary income is not less than six times the average salary of urban employees in the region in the previous year;
Having worked in China for eight consecutive years, during which the actual residence accumulated during the period is not less than four years, and the annual salary income is not less than three times the average salary of urban employees in the region where they were in the previous year
The salary-based annual income stipulated in items 2 to 4 of the preceding paragraph is the minimum standard. The specific standards shall be determined by the people's governments of the provinces, autonomous regions, and municipalities directly under the central government.
● Article 16
In accordance with the provisions of the Foreign Investment Law, foreigners who invest in enterprises as natural persons or as controlling shareholders belong to one of the following situations, and if the investment situation is stable for three consecutive years, and the tax records and credit records are good, they can apply for permanent residence qualifications:
Investment in China equivalent to more than RMB 10 million;
In regional investments where foreign investment incentives are implemented by the state, the amount of investment, the amount of tax paid, and the number of employed Chinese citizens meet the prescribed standards;
The establishment of high-tech enterprises and innovative enterprises in China with significant benefits and recommended by the competent authorities of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The specific criteria stipulated in the second paragraph of the preceding paragraph shall be determined by the state immigration administration department and the relevant departments of the State Council.
● Article 17
Foreigners who need a family reunion may apply for permanent residency if they fall into one of the following circumstances:
The spouse is a Chinese citizen or a foreigner who resides permanently in China, has lived with the spouse in China for five years after marriage, and has accumulated actual residence of not less than nine months each year, with stable living security and domicile;
Children under the age of eighteen refer to Chinese parents residing in China or foreign parents permanently residing in China;
Those who have reached the age of sixty and have no immediate relatives abroad. They have depended on immediate relatives of Chinese nationality living in China or foreign relatives of permanent nationality who have permanently resided in China. Accumulated no less than nine months with stable living security and residence.
● Article 18
If a foreigner meets the conditions stipulated in Articles 11, 12, 13, 15 and 16 of these regulations and applies for permanent residence, his spouse and under 18 years of age Children can apply for permanent residency at the same time.
● Article 19
Foreigners who need permanent residence in China for other legitimate reasons may apply for permanent residence status.
Chapter III: Approval and Management
● Article 20
Foreigners applying for permanent residency status shall apply to the exit-entry administration of the public security organ of the place of residence, truthfully report the application information, submit their passports or other international travel documents, meet the required photos and application materials, and accept interviews as required. , And retain human identification information such as fingerprints.
Those who apply for permanent residence status in accordance with Articles 12 and 13 of these regulations are not subject to the restrictions of residence, and can apply directly to the national immigration management department.
● Article 21
The entry-exit administration of the public security organ of the local people's government at or above the county level shall, in accordance with the entrustment of the State's immigration management department, accept applications for permanent residence status for foreigners.
If the foreigners apply for permanent residence qualifications in accordance with the procedures and materials, the exit and entry management agency of the public security organ shall accept and issue a receipt of acceptance. If the application materials are incomplete or do not meet the required form, the exit and entry management agency of the public security organ shall inform the applicant on the spot or within one day of the entire contents of the procedures and supplementary materials and register them.
Those applying for permanent residence status in accordance with Articles 12 and 13 of these regulations shall be given priority.
● Article 22
The exit-entry administration of a public security organ shall carefully check the authenticity of the application, the nationality, credit history, and work and life of the applicant within China. Relevant units and individuals should assist and cooperate.
● Article 23
The maximum period for examining and approving aliens' status of permanent residence is 120 days, counting from the date of acceptance by the immigration administration of the public security organ.
Waiting for quota is not included in the approval period.
● Article 24
For qualified foreigners, the state's immigration management department shall approve the permanent residency status and issue a permanent residence permit for foreigners.
A foreigner's permanent residence ID is proof of identity of a foreigner who resides permanently in China. A foreigner who is permanently resident may engage in related activities based on his or her identity certificate, and the relevant unit and its staff shall not refuse.
● Article 25
The items for registration of a foreigner's permanent residence ID include: name, gender, date of birth, nationality, photo of himself, permanent residence identification number, issuing authority, valid period of the certificate, etc.
The format of the foreigner's permanent residence identity card shall be prescribed by the national immigration management department.
● Article 26
If a foreigner has any of the following circumstances, the state immigration management department shall make a decision not to approve the permanent residence:
Failing to meet the application conditions or failing to provide application materials in accordance with regulations;
Suffering from serious mental disorders, infectious tuberculosis or other infectious diseases that may cause major harm to public health;
It may endanger China's national security and interests and disrupt public order;
Making frauds during the application process;
The expenses necessary for living in China cannot be guaranteed;
Other circumstances unsuitable for permanent residence in China.
● Article 27
The permanent residence of a foreigner in China shall not be less than three months per year. Permanent residence foreigners who do have legitimate reasons for failing to meet the residence time limit requirements of the preceding paragraph may be appropriately reduced after being approved by the exit-entry administration of the public security organ of the provincial people's government and reported to the national immigration administration.
● Article 28
If the validity of a foreigner's permanent residence identity card expires or there are changes in the registration items, the holder of the certificate shall issue it to the public security organ of the place of residence within 30 days before the expiration of the validity period of the certificate or within 30 days from the date of the change in the registration items Immigration authorities apply for a reissue.
If a foreigner's permanent residence identity card is damaged, lost or stolen, he shall apply to the exit and entry administration of the public security organ in the place of residence for a replacement.
● Article 29
If the application for the renewal and reissuance of an alien's permanent residence ID card meets the acceptance requirements, the exit and entry administration of the public security organ shall accept and issue an acceptance receipt with a validity period of not more than 30 days, and whether to grant approval within the validity period of the acceptance receipt Decisions on replacement and replacement.
During the period of reissuing and reissuing the foreigner's permanent residence ID card, the foreigner of permanent residence shall legally stay in China with the acceptance receipt.
● Article 30
If the entry-exit administration of a public security organ verifies the actual residence time, place of residence, change of nationality, and work and life in China of a foreigner who is a permanent resident in China according to work needs, relevant units and individuals shall assist and cooperate.
● Article 31
If a foreigner who has permanent residence has one of the following circumstances, the state immigration management department shall cancel its permanent residence status and declare the permanent residence ID held by him invalid.
Causing harm to China's national security and interests;
Fraudulently obtaining the permanent residence status in China;
The residence in China has not reached the prescribed time limit;
Other circumstances unsuitable for permanent residence in China.
● Article 32
Under any of the following circumstances, the immigration management agency of the public security organ shall collect the foreigner's permanent residence ID card:
Being approved to join or restore Chinese nationality;
The foreigner with permanent residence status dies;
The alien's permanent residence permit has been declared invalid.
● Article 33
If a foreigner is disqualified from permanent residence, he shall not submit another application within five years.
● Article 34
State personnel shall keep confidential the personal information of foreigners who have resided permanently in the process of performing their duties.
Chapter IV: Services and Benefits
● Article 35
Local people's governments at all levels shall include permanent residents in the permanent population service management system, and provide general language training, national knowledge, and legal policies for permanent residents in accordance with the level of economic and social development in the region and actual needs. Consulting services such as social integration.
Local people's governments at all levels should actively guide and regulate the social forces such as the units, communities, relevant intermediary agencies, and legal service agencies of permanent residence foreigners to participate in providing social integration services for foreign residents.
● Article 36
Relevant departments of the State Council and local people's governments at all levels shall gradually promote the socialization of permanent residence ID cards in accordance with the actual conditions of their departments and regions, and apply for permanent residence aliens in China with foreigner permanent residence ID cards Finance, foreign exchange, education, medical treatment, transportation, telecommunications, social insurance, accommodation registration, property registration, motor vehicle driver's license application and other matters are provided to facilitate.
● Article 37
The entry and settlement items of foreigners who are permanent residents shall be handled in accordance with the relevant regulations of the customs on settled passengers.
Permanent residents who have stayed for less than two years from the date of entry and have settled out of the country shall be re-exported with duty-free goods and shall be re-exported to the Customs for customs duties. The customs clearance of other inbound and outbound goods and articles for permanent residents shall be handled with reference to the regulations for residents and passengers.
Permanent residence foreigners can pass through the special passage for Chinese citizens when entering or leaving the country.
● Article 38
Permanent foreigners working in China are exempt from the work permit of foreigners and can participate in the evaluation of professional titles, vocational qualification examinations, and the selection of natural science and technology innovation awards established by the government in accordance with relevant regulations.
● Article 39
Foreign residents of permanent residence shall fulfill the corresponding tax obligations in accordance with Chinese tax laws and regulations and relevant international tax treaties and agreements concluded by China.
Foreign residents of permanent residence shall pay taxes in accordance with the law and issue tax certificates or tax payment vouchers with the tax authorities in accordance with the regulations, or they may exchange foreign exchange for remittances in accordance with regulations after filing for tax filing of external payments.
● Article 40
Foreigners of permanent residence may purchase self-use and self-occupation commodity housing in China in accordance with relevant regulations.
Permanent residence foreigners can deposit and use the housing provident fund in accordance with the relevant provisions of the housing provident fund management, and when leaving the deposit place, they can go through the procedures for the withdrawal or transfer of the housing provident fund in accordance with the regulations.
● Article 41
If a foreigner of permanent residence works in China, he shall participate in various social insurances in accordance with the provisions of social insurance laws and regulations. Those who stay in China but do not work may participate in the basic medical insurance for urban and rural residents and the basic endowment insurance for urban and rural residents in accordance with the relevant regulations of the place of residence, and enjoy social insurance benefits.
● Article 42
Foreigners of appropriate age who are permanent residents of residence or minors who are relocated may receive compulsory education in China without charging fees other than those prescribed by the state.
● Article 43
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate and improve supporting measures in accordance with the actual conditions of the region to ensure that foreign residents who are permanent residents in the region participate in social insurance, purchase their own homes for self-use, and minors who have moved with them Children's legal rights to receive compulsory education.
● Article 44
Other treatment matters for foreigners of permanent residence are not stipulated in these Regulations. If there are laws and regulations and relevant departments of the State Council, the provisions shall prevail.
Chapter V: Legal Liability
● Article 45
The administrative penalties provided for in this chapter shall be determined by the public security organs of the local people ’s governments at or above the county level, unless otherwise provided in this chapter; among them, warnings or fines of less than 5,000 yuan may be entered and exited by the public security organs of the local people ’s governments at or above the county level The governing body decides.
● Article 46
Staff members who perform the duties of management of permanent residence of foreigners shall be punished according to law in any of the following circumstances:
Violating laws and administrative regulations and failing to accept an application for permanent residence status that should be accepted;
Issuing a permanent residence permit for foreigners who do not meet the prescribed conditions in violation of laws and administrative regulations;
leaking the personal information of foreigners who have resided permanently in the process of performing their duties, infringing on the lawful rights and interests of the parties;
Other acts of abusing their powers, neglecting their duties, engaging in malpractices for personal gain, and failing to perform their legal duties in accordance with the law.
● Article 47
The relevant units and individuals shall be warned and ordered to make corrections in any of the following circumstances; if they refuse to make corrections or the circumstances are serious, they shall be fined between 1,000 and 5,000 yuan:
Refusing to cooperate with information verification or providing false information;
Refusing to recognize the validity of a permanent residence foreign identity document without justified reasons.
● Article 48
If the relevant units and individuals have any of the following circumstances, they shall be punished in accordance with the relevant provisions of the "Exit and Entry Administration Law of the People's Republic of China":
Issuing recommendation letters or other application materials for foreigners in violation of regulations;
Fraudulently obtaining identity cards for permanent residence;
The permanent residence alien's place of residence has not been registered according to law;
Other circumstances that violate the laws and regulations of exit and entry.
If a recommendation letter is issued for a foreigner in violation of the regulations, the recommendation qualification will be cancelled at the same time.
● Article 49
Anyone who violates the provisions of these regulations and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter VI: Supplementary Provisions
● Article 50
The place of residence referred to in these Regulations refers to the place where the applicant's introduction unit or work unit, the place of investment, and the permanent residence of the person or his spouse, dependant, or supporter are directly related to the reason for the application of permanent residence by foreigners To wait.
● Article 51
The time limit for examination and approval prescribed in these Regulations shall be calculated in working days, excluding statutory holidays.
● Article 52
For the application for permanent residence in China and the issuance, replacement and replacement of permanent residence permits for foreigners, the relevant fees and standards shall be implemented in accordance with the provisions of the State Council's department of finance and prices.
Credit to Source: China Daily