Laws of the People's Republic of China

For the purposes of carrying on effectively the intake of experts from abroad, of pushing forward the exchange of international talented personnels and of promoting the economic construction and social development in Shanghai, the present Procedures are formulated in accordance with the relevant provisions of the State and the actual situations of Shanghai.

   Article 2 (Definition)

The term "experts from abroad" used in the present Procedures means the overseas professionals in various fields who hold (including those who once held) senior posts or possess rich practical experience or special skills and who are engaged by the governmental departments, universities and colleges, social organizations, enterprises and institutions, etc. in Shanghai in accordance with the relevant project agreements or employment contracts.

   Article 3 (Administrative Principle and Administrative department)

In Shanghai, the intake of experts from abroad shall practise the principle of centralized administration in combination with administration at various levels and by various departments.

The Leading Group for the lntake of Intelligence from Abroad of Shanghai Municipality shall be responsible for the planning, coordination and administration of the intake of experts from abroad in Shanghai.

The relevant business competent departments of Shanghai Municipality and the district/county people's government shall be responsible for the respective administration of the intake of experts from abroad.

   Article 4 (Administration Office)

The Office of the Leading Group for the Intake of lntelligence from Abroad of Shanghai Municipality (hereinafter referred to as Municipal Intake Office, and abbreviated to MIO) shall be responsible for the routine planning, coordination and administration.

The duty of MIO includes:

1. To be responsible for making the planning and programme of the intake of experts from abroad;

2. To study and formulate relevant policies and norms for the intake of experts from abroad;

3. To coordinate and guide the intake of experts from abroad;

4. To raise an exclusive fund for the intake of experts from abroad;

5. To be responsible for organizing and implementing the statistical work of the intake of experts from abroad.

   Article 5 (Intake of Cultural and Educational Experts From Abroad)

A unit that needs to employ cultural and educational experts from abroad shall apply to the Shanghai Municipal Foreign Affairs Office (hereinafter referred to as "Municipal Foreign Affairs Office", and abbreviated to "MFAO") for approval of qualification status. The qualification status shall, after being verified by MFAO in consultation with relevant departments, be submitted to the State Foreign Expert Bureau for examination and approval. A unit shall be able to employ cultural and educational experts from abroad only after it has acquired the approval and the certificate of qualification status to employ cultural and educational experts from abroad.

A unit that employs cultural and educational experts from abroad shall report the case to MIO for record.

   Article 6 (Intake of Economic, Technical and Managerial Experts From Abroad)

A unit in Shanghai needs to employ economic, technical and managerial experts from abroad shall apply to the municipal business competent department or the district/county people's government for examination and approval. Upon approval, the approving authority shall report the case to MIO for record.

   Article 7 (Application, Examination and Approval of Financial Aid)

If the employment of economic, technical and managerial experts from abroad needs financial aid from the Exclusive Intelligence Intake Fund, the employer may submit an application, which shall be first confirmed by the municipal business competent department or the district/county people's government, to MIO for examination and approval.

   Article 8 (Types of Financial Aid)

If a project that mainly aims at social benefit or derives no direct economic benefit employs economic, technical and managerial experts from abroad, it may apply for appropriation gratis.

If a project that may achieve economic benefit within one year and its funding requirement shall not exceed RMB 400,000, it may apply for onerous transmission.

If a project that may achieve notable economic benefit but in a long run and requires bigger amount of fund, it may apply for loans of discount interest.

The specific measures for financial aid shall be separately formulated by MIO together with the relevant departments.

   Article 9 (Channel of Employing Experts From Abroad)

The channel of employing experts from abroad shall be regulated in accordance with the relevant provisions of the State and of Shanghai Municipality.

MIO shall, considering the need of the intake of experts from abroad, establish dossier data of overseas personnel and intelligence resources to provide consultative service for the intake of experts from abroad in Shanghai.

   Article 10 (Signing of Employment Contract)

Unless otherwise explicitly specified in the project agreement or contract relevant to the intake of experts from abroad, a unit that employs experts from abroad shall, according to the law, sign an employment contract with the expert in person or with the institution that sends the expert.

The making of the employment contract shall follow the principle of equality, mutual benefit and consensus through consultation.

   Article 11 (Main Content of Employment Contract)

The employment contract shall include the following clauses:

1. The names and nationalities of the contract parties;

2. The date and place on which and where the contract is signed.

3. The time limit, location and manner of the contract performance;

4. The rights and obligations of the contract parties;

5. The expenditure and its payment;

6. The liability for the breach of the contract;

7. The conditions for the modification, annulment and termination of the contract;

8. The settlement of disputes arising in the performance of the contract;

9. The language/languages used in the contract and its/their effect;

10. Other clauses that the contract parties consider necessary to be stipulated in the contract.

The contract parties shall strictly perform the contractual clauses.

   Article 12 (Payment and Other Treatment of Experts From Abroad)

If the employer shall pay the expert from abroad, the payment can not be lower than the minimum payment stipulated by the State Foreign Expert Bureau. To the expert from abroad who offers help but gets no payment, the relevant unit shall provide him/her with necessary allowance.

The exchange of foreign currencies for experts from abroad shall be handled in accordance with the Circular of the State Foreign Expert Bureau, Ministry of Finance and the State Exchange Control Administration on the Permission for Working Personnel of Foreign Nationalities to Exchange for Part of Foreign Currencies.

The paying of individual income tax for experts from abroad shall be handled in accordance with the Individual Income Tax Law of the People's Republic of China and the rules for its implementation; if there exists a tax agreement between the People's Republic of China and the country from which the expert comes, the relevant clauses of the agreement shall apply.

An expert from abroad shall, according to the relevant provisions, be able to enjoy preferential treatment in carrying self-use personal articles into and out of the People's Republic of China, buying goods, exchanging for foreign currencies and taking tourism, etc. with his/her "Foreign Expert Certificate" or "Foreign Expert Card".

   Article 13 (Award to Experts From Abroad for Their Scientific Research Achievements)

An expert from abroad who has made great scientific achievement or great invention and creation during his/her working period in Shanghai shall be awarded according to the Award Regulations of the People's Republic of China and the Invention Award Regulations of the People's Republic of China.

An expert from abroad may apply for patent for his/her invention and creation achieved during his/her working period in Shanghai according to the Patent Law of the People's Republic of China.

   Article 14 (Award to Experts From Abroad for Their Outstanding Contributions)

According to the relevant provisions of the State and Shanghai Municipality, an expert from abroad who has made an outstanding contribution in his/her work shall be given the following awards:

1. Title of honour, certificate of merit and pecuniary reward by the employing unit;

2. "Magnolia Commemorative Award" and "Magnolia Honourable Award" issued by Shanghai Municipal People's Government;

3. "Friendship Award" issued by the State Foreign Expert Bureau after being applied for by the relevant department of Shanghai Municipality and approved by the State Foreign Expert Bureau.

   Article 15 (Media's Coverage Concerning Experts From Abroad)

News and any other mass media's coverage concerning an expert from abroad shall acquire the consent of the employing unit and the expert from abroad concerned for the coverage; and before releasing, the manuscript shall be submitted to the municipal competent department for examination and approval.

   Article 16 (Settlement of Dispute)

Any dispute concerning the employment contract between an expert from abroad and the employing unit may be settled through consultation or mediation of the relevant department. If the consultation or the mediation is unsuccessful, either party may apply for arbitration or bring a suit in a people's court.

   Article 17 (Employment of Experts From Hong Kong, Macao and Taiwan Regions)

If the relevant department or unit in Shanghai needs to employ experts from Hong Kong, Macao and Taiwan regions, the present Procedures shall apply.

   Article 18 (Interpretative Department for Implementation of the Present Procedures)

The Leading Group for the Intake of Intelligence from Abroad of Shanghai Municipality shall be responsible for the interpretation of the implementation of the present Procedures.

   Article 19 (Effective Date)