The Ministry of justice solicits public opinions on regulations on permanent residence of foreigners

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 The Ministry of justice solicits public opinions on regulations on permanent residence of foreigners


general provisions

Article 1 These Regulations are formulated in accordance with the law of the peoples Republic of China on the administration of exit and entry in order to further expand the opening up to the outside world, standardize the administration of permanent residence of foreigners in China, and safeguard the legitimate rights and interests of foreigners with permanent residence qualification (hereinafter referred to as permanent resident foreigners).

Article 2 These Regulations shall apply to the application and examination and approval of foreigners permanent residence qualifications, as well as the service and management of foreigners with permanent residence.

Article 3 the system of permanent residence of foreigners shall meet the needs of national security and interests and be in line with the level of national economic and social development.

Article 4 the lawful rights and interests of foreigners with permanent residence in China shall be protected by law, and the period of stay in China shall not be limited.

Foreigners who are permanently resident in China shall abide by Chinese laws and shall not endanger Chinas national security, damage public interests or damage public order.

Article 5 the state immigration administration department shall be 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, do a good job in the administration of services related to permanent resident aliens.

The local peoples governments at various levels shall do a good job in the service and management of the permanent resident foreigners in their respective administrative areas.

Article 6 the State Administration of immigration 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.

Article 7 the State shall establish a regular assessment and adjustment mechanism for the permanent residence policy of foreigners. When necessary, with the approval of the State Council, a quota examination and approval system shall be implemented for foreigners permanent residence qualifications.

Article 8 the State Administration of migration shall, in conjunction with the departments of science and technology, human resources and social security, formulate a credit evaluation system in due time.

Article 9 the State Administration of immigration shall, through the governments website and other public means, uniformly publish the materials, procedures, procedures and other examination and approval policy information required for foreigners permanent residence qualification application.

Article 10 aliens who abide by Chinese laws, have the basic economic security to live in China and meet the application conditions stipulated in these regulations may apply for permanent residence qualification.

Foreigners shall not apply for permanent residence qualification during their stay in China for diplomatic or official reasons.

Article 11 aliens who have made outstanding contributions to Chinas economic and social development may apply for permanent residence qualifications upon recommendation by the relevant competent departments of the state or the peoples governments of provinces, autonomous regions or municipalities directly under the central government in any of the following circumstances:

uff081uff09 To make outstanding contributions to Chinas science and technology, education, culture, health, sports and other undertakings;

uff082uff09 To engage in public welfare activities in China and make outstanding contributions to the development of Chinas public welfare undertakings;

uff083uff09 To make outstanding contributions to promoting friendly exchanges and cooperation between China and the foreign countries, safeguarding world peace and promoting common development;

uff084uff09 Other situations that have made outstanding contributions to Chinas 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, sports and so on may directly apply for permanent residence qualification.

Article 13 aliens who need to be introduced due to the economic and social development of the state may apply for permanent residence qualification under any of the following circumstances:

uff081uff09 Urgently needed talents introduced by key industries and regions developed by the state and recommended by competent authorities;

uff082uff09 The academic and scientific researchers with the titles of assistant professors and associate researchers or above who are introduced and recommended by key state-owned institutions of higher learning and scientific research institutions, and the professors and researchers introduced and recommended by other institutions of higher learning and scientific research institutions;

uff083uff09 Senior management and professional technicians introduced and recommended by high-tech enterprises, innovative enterprises and well-known domestic enterprises.

uff084uff09 Professional talents recommended by foreigners who have obtained permanent residence qualification in accordance with Article 12 of these regulations.

The recommendation units and individuals listed in the preceding paragraph shall issue true and reliable recommendation letters, and shall be responsible for the authenticity of the introduction reasons and relevant qualifications of the recommended objects.

Article 14 The State Administration of immigration shall establish a consultation mechanism with the relevant departments of the State Council, such as foreign affairs, development and reform, education, science and technology, human resources and social security, commerce, culture, health and physical education, and hold consultations on the specific standards stipulated in Articles 12 and 13 of these regulations.

Article 15 Aliens who work in China according to law, under any of the following circumstances, and have good tax and credit records, may apply for permanent residence qualification:

uff082uff09 Working in the key industries and regions developed by the state for three consecutive years, during which the accumulated actual residence is not less than one year, and the annual wage income is not less than four times of the average wage of the on-the-job employees in the cities and towns of the previous year;

uff083uff09 Having worked in China for four years in a row, during which the actual residence is not less than two years in total, and the annual wage income is not less than six times of the average wage of the on-the-job employees in the cities and towns in the previous year;

uff084uff09 He has worked in China for eight consecutive years, during which his actual residence is not less than four years in total, and his annual wage income is not less than three times of the average wage of the on-the-job employees in the area where he worked in the previous year.

The annual wage income specified in the second to fourth paragraphs of the preceding paragraph shall be the minimum standard, and the specific standard shall be determined by the peoples Government of the province, autonomous region or municipality directly under the central government of the peoples Republic of China.

Article 16 An alien who invests as a natural person or as a controlling shareholder in an enterprise in accordance with the provisions of the law on foreign investment shall be eligible for permanent residence if he / she is under any of the following circumstances and has a stable investment situation for three consecutive years and a good tax and credit record:

uff081uff09 The investment in China is equivalent to more than 10 million yuan;

uff082uff09 The amount of investment, the amount of tax payment and the number of Chinese citizens employed in the regional investment encouraged by foreign investment in the state meet the prescribed standards;

uff083uff09 The establishment of new and high-tech enterprises and innovative enterprises within the territory of China has achieved remarkable benefits and has been recommended by the competent departments of the peoples governments of provinces, autonomous regions and municipalities directly under the central government.

The specific standards specified in the second paragraph of the preceding paragraph shall be determined by the State Administration of immigration in consultation with the relevant departments of the State Council.

Article 17 aliens who need family reunion may apply for permanent residence qualification under any of the following circumstances:

uff082uff09 A child under the age of 18 years old shall turn to Chinese parents residing in China or foreign parents permanently residing in China;

uff083uff09 Having reached the age of 60, having no direct relatives abroad, relying on the direct relatives of Chinese nationality living in China or the permanent ones of foreign nationality living in China, they have been living in China for five consecutive years, and their actual residence is no less than nine months each year, with stable life security and residence.

Article 18 If an alien meets the requirements of Articles 11, 12, 13, 15 and 16 of these regulations and applies for permanent residence qualification, his / her spouse and children under the age of 18 may apply for permanent residence qualification at the same time.

Article 19 Aliens who need permanent residence in China for other legitimate reasons may apply for permanent residence qualification.

Chapter III Examination, approval and Administration

Those who apply for permanent residence qualification in accordance with the provisions of articles 12 and 13 of these Regulations shall not be restricted by the residence area, and may directly apply to the National Immigration administration department.

Article 21 the exit Entry Administration of the public security organs of the local peoples governments at or above the county level shall accept the application for the permanent residence qualification of foreigners as entrusted by the state immigration administration.

If the procedures and materials for foreigners to apply for permanent residence qualification meet the requirements, the exit Entry Administration of the public security organ shall accept and issue a receipt of acceptance. If the application materials are incomplete or do not conform to the prescribed form, the exit entry administration organ of the public security organ shall inform the applicant on the spot or within five days of the need to complete the formalities and complete the contents of the materials, and register.

Those who apply for permanent residence qualification in accordance with articles 12 and 13 of these Regulations shall be given priority.

Article 22 the exit Entry Administration of the public security organ shall carefully check the authenticity of the application cause, the nationality and credit records of the applicant, and the work and life in China. Relevant units and individuals shall provide assistance and cooperation.

Article 23 the maximum time limit for the examination and approval of aliens permanent residence qualification shall be 120 days, counting from the date of acceptance by the exit Entry Administration of the public security organ.

Article 24 for foreigners who meet the requirements, the state immigration administration department shall approve their permanent residence qualification and issue their permanent residence identity cards.

The permanent resident identity card of an alien is the identity certificate of a permanent resident alien in China. Foreigners with permanent residence may engage in relevant activities with the certificate of identity, and the relevant units and their staff members may not refuse to do so.

Article 25 the items to be registered for an aliens permanent residence ID card include: name, sex, date of birth, nationality, photo of the alien, permanent residence ID number, issuing authority, validity period of the card, etc.

The format of the permanent resident identity card of an alien shall be prescribed by the State Department in charge of immigration.

Article 26 under any of the following circumstances, the National Immigration administration shall make a decision not to approve permanent residence:

uff081uff09 Failing to meet the application conditions or failing to provide application materials in accordance with the regulations;

uff082uff09 Suffering from serious mental disorder, infectious pulmonary tuberculosis or other infectious diseases that may cause major harm to public health;

uff083uff09 It may endanger Chinas national security and interests and destroy public order;

uff084uff09 Fraud in the application process;

uff085uff09 Cannot guarantee the cost of living in China;

uff086uff09 Other circumstances not suitable for permanent residence in China.

Article 27 a foreigner with permanent residence shall have no less than three months of actual residence in China each year.

If a foreigner with permanent residence who does not meet the requirements of the time limit for residence as mentioned in the preceding paragraph for justified reasons is approved by the exit Entry Administration of the public security organ of the peoples government at the provincial level and reported to the state immigration Administration for the record, the time limit for residence may be reduced appropriately.

Article 28 Where the validity of a foreigners permanent residence identity card expires or there is any change in the registration items, the holder of the card shall, within 30 days prior to the expiration of the validity of the card or within 30 days from the date of the change of the registration items, apply to the exit entry administration organ of the public security organ in the place of residence for replacement.

If an aliens permanent residence ID card is damaged, lost, stolen or robbed, he shall apply to the exit entry administration organ of the public security organ in the place of residence for reissue in time.

Article 29 If an application for renewal or reissue of an aliens permanent residence identity card meets the acceptance requirements, the exit Entry Administration of the public security organ shall accept it and issue an acceptance receipt with a validity period of no more than 30 days, and decide whether to approve the renewal or reissue within the validity period of the acceptance receipt.

During the period of renewal and reissue of aliens permanent residence ID card, the alien with permanent residence can legally stay in China with the receipt of acceptance.

Article 30 if the exit Entry Administration of the public security organ checks the actual residence time, residence, change of nationality, work and life in China of the permanent resident alien according to the work needs, the relevant units and individuals shall provide assistance and cooperation.

Article 31 If a foreigner with permanent residence has any of the following circumstances, the state immigration administration shall cancel his qualification for permanent residence and declare his permanent residence ID card invalid:

uff081uff09 Causing harm to Chinas national security and interests;

uff082uff09 Being deported;

uff083uff09 Fraudulently obtaining the qualification of permanent residence in China;

uff084uff09 Failing to live in China within the prescribed time limit;

Article 32 under any of the following circumstances, the exit Entry Administration of the public security organ shall confiscate the aliens permanent residence ID card:

uff082uff09 Death of a foreigner with permanent residence status;

uff083uff09 The aliens permanent residence permit is declared invalid.

Article 33 Aliens who have been disqualified from permanent residence shall not apply again within five years.

Article 34 state functionaries shall keep confidential the personal information of permanent resident aliens that they know in the course of performing their duties.

Chapter IV services and treatment

Article 35 local peoples governments at all levels shall incorporate permanent resident aliens into the service management system of permanent resident population, and provide social integration services such as general language training, common sense of national conditions, legal and policy consultation for permanent resident aliens in accordance with the level of economic and social development and actual needs of the region.

Local peoples governments at all levels shall actively guide and regulate the participation of social forces such as the units, communities, relevant intermediary agencies and legal service agencies of permanent resident foreigners in providing social integration services for permanent resident foreigners.

Article 36 the relevant departments of the State Council and the local peoples governments at various levels shall, in accordance with the actual conditions of their own departments and regions, gradually promote the socialized application of permanent residence identity cards, and handle the financial, foreign exchange, education, medical treatment, transportation, telecommunications, social insurance, accommodation registration, property registration and motor vehicle registration for foreigners with permanent residence identity cards in China The application for drivers license is convenient.

Article 37 the entry and settlement articles of foreigners with permanent residence shall be handled in accordance with the relevant regulations of the Customs on settled passengers. If a permanent resident alien has resided for less than two years since the date of entry and has left the country to settle down, the articles for settling down in the country that are carried in duty-free shall be re transported out of the country or paid taxes to the customs. The customs clearance of other inbound and outbound goods and articles of permanent resident foreigners shall be handled with reference to the regulations of resident passengers.

When permanent resident foreigners enter or leave the country, they can pass through the special passage for Chinese citizens.

Article 38 permanent resident foreigners working in China are exempt from foreigner work permit, and may participate in the evaluation of professional title, vocational qualification examination and the selection of natural science and technological innovation awards established by the government in accordance with relevant regulations.

Article 39 aliens with permanent residence shall perform their respective tax obligations in accordance with Chinese tax laws and regulations and the relevant provisions of the international treaties and agreements on tax concluded by China with foreign countries.

Foreigners with permanent residence may exchange foreign exchange and remit abroad according to regulations after paying taxes according to law and issuing tax certificates or tax payment certificates in tax authorities according to regulations, or handling tax filing for foreign payment.

Article 40 foreigners with permanent residence may, in accordance with the relevant regulations, purchase commercial houses for their own use and residence within the territory of China.

Article 41 permanent resident foreigners who work in China 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, in accordance with the relevant provisions of the residence, participate in the basic medical insurance and basic endowment insurance for urban and rural residents and enjoy social insurance benefits.

Article 42 permanent resident foreigners of school age or their minor children who move with them may receive compulsory education in China, and no fees other than those prescribed by the State shall be charged.

Article 43 The Peoples governments of provinces, autonomous regions and municipalities directly under the central government shall, in accordance with the actual conditions of their respective regions, formulate and improve supporting measures to protect the legitimate rights and interests of permanent resident foreigners in their respective regions in participating in social insurance, purchasing their own houses for their own use, and accepting compulsory education for themselves or their minor children who move with them.

Article 44 Where there are no provisions in these Regulations on other matters concerning the treatment of foreigners with permanent residence, laws and regulations and the relevant departments of the State Council shall prevail.

Chapter V Legal Liability

Article 45 unless otherwise provided for in this chapter, the administrative penalty prescribed in this chapter shall be decided by the public security organ of the local peoples government at or above the county level; among them, the warning or fine of not more than 5000 yuan may be decided by the exit entry administration organ of the public security organ of the local peoples government at or above the county level.

Article 46 Any staff member who performs the administrative duties of permanent residence of an alien shall be punished according to law in any of the following circumstances:

uff081uff09 Failing to accept the application for permanent residence qualification that should be accepted in violation of laws and administrative regulations;

uff082uff09 Issuing permanent residence identity documents for foreigners who do not meet the prescribed conditions in violation of laws and administrative regulations;

uff083uff09 Divulging personal information of permanent resident foreigners known in the course of performing their duties and infringing the legitimate rights and interests of the parties concerned;

uff084uff09 Other acts of abuse of power, dereliction of duty, malpractice for personal gain, and failure to perform legal duties according to law.

Article 47 in case of any of the following circumstances, the relevant units or individuals shall be given a warning and ordered to make corrections; if they refuse to make corrections or the circumstances are serious, they shall be fined not less than 1000 yuan but not more than 5000 yuan:

uff081uff09 Refusing to cooperate in information verification or providing false information;

uff082uff09 Refusing to recognize the validity of a permanent residence foreign identity document without justified reasons.

Article 48 in case of any of the following circumstances, the relevant units and individuals shall be punished in accordance with the relevant provisions of the law of the peoples Republic of China on the administration of exit and entry:

uff081uff09 Issuing recommendation letters or other application materials for foreigners in violation of regulations;

uff082uff09 Fraudulently obtaining permanent residence identity documents;

uff083uff09 Where the permanent resident aliens place of residence has changed and has not been registered according to law;

uff084uff09 There are other violations of exit and entry laws and regulations.

If a recommendation letter is issued to a foreigner in violation of regulations, the recommendation qualification shall 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 term residence as mentioned in these Regulations refers to the place where the applicants introduction unit or work unit is located, the place of investment, and the habitual residence of the applicant or his / her spouse, dependents or dependants, etc., which is directly related to the reason for the foreigner to apply for permanent residence.

Article 51 the time limit for examination and approval stipulated in these Regulations shall be calculated by working days, excluding legal holidays.

Article 52 in applying for permanent residence in China and issuing, renewing and reissuing alien permanent residence identity cards, the relevant charging items and standards shall be implemented in accordance with the provisions of the competent department of Finance and price under the State Council.

Article 53 these Regulations shall come into force as of.