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Interim Provisions on the Implementation of the Residence Permit in Guangdong Province for the Talented Personnel to Be Recruited

Interim Provisions on the Implementation of the Residence
Permit in Guangdong Province for the Talented Personnel to Be Recruited

2005-12-16 08:38 Source:

Chapter I General Provisions

Article 1

These Provisions are enacted in accordance with Regulations of Guangdong Employment Market Management, in an attempt to implement The Outline of Development Program for Talented Personnel from 2002 – 2005 and Decisions on Strengthening the Cultivation of Technical Personnel, and to encourage the talented people from both at home and abroad to work in Guangdong Province.

Article 2

All talented people from Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan (hereinafter referred to as “Hong Kong, Macau, Taiwan” respectively)countries who can meet the requirements of being recruited and who wish to work or study in Guangdong Province with no desire to change their census register or nationality or give up their right of permanent residence, can apply for Residence Permit in Guangdong Province (hereinafter referred to as Residence Permit) according to these Provisions.

Article 3

The Residence Permit shall bear the holder’s name, gender, date of birth, nationality or region, the number of personal documents (like the number of ID for residents in PRC, Mainland Travel Permit for Hong Kong and Macau Residents, Mainland Travel Permit for Taiwan Residents, passports or other personal documents), work address, home address, valid period and the date of issuance. The holder’s photo on the Residence Permit shall be 25mm* 35mm with the Special Residence Permit Stamp of the provincial or municipal public security bureau overprinted on the photo.

Article 4

The Provincial Personnel Administrative Department (hereinafter referred to as “ Provincial Personnel Department” or “PPD”) takes charge of recruiting talented personnel into the province, implementing the Provisions and verifying the application for the Residence Permit by the units like provincial institutions, Guangzhou-based organs of the Central Government and the organizations that have personnel accounts in PPD. The Prefecture-level Personnel Administrative Department (hereinafter referred to as “MPD”) takes charge of recruiting talented personnel into the city, implementing the Provisions and verifying the application for the Residence Permit. The validity of the certificate of skilled technicians or senior technicians shall be verified by the administrative department of professional skills evaluation. The provincial security department is responsible for the facture of the Residence Permit and its management, verification and issuance of the Residence Permit to the units that have personnel accounts in provincial or Guangzhou-based organs of the Central Government and provincial personnel department. The Personnel Administrative Department at the prefectural level is responsible for verifying and issuing Residence Permit and its management. Every unit shall shoulder its responsibility for the recruitment of the talented personnel.

Article 5

The valid period for the Residence Permit may be six months, one year, three years or five years. The renewal of the Residence Permit shall be approved by the provincial or municipal personnel departments at the prefectural level.

Article 6

The Residence Permit mainly functions as:

1) a certificate of the holder’s living, working and career in Guangdong Province

2) a certificate of the Hong Kong, Macau, Taiwan holders or foreign holders who enjoy permanent residence or of student-abroad holders with the nationality of the country to apply for social security, common reserve funds for housing and for relevant information of residence;

3) Keeping a record of such information necessary for population control as the basic personal information.

Chapter II Application

Article 7

The applicant shall meet the following requirements:

1) Being the professional personnel needed to be recruited in the province;

2) Having a bachelor or above degree of university within China, Hong Kong and Macau, Taiwan and foreign countries; having a junior or above qualification of Certified Professional Skills or a Certified Technician, or other special skills;

3) Having 5 years’ or more than 5 years’ working experience, expertise and skills of the field and being able to provide proper technical guidance and qualified for the present job;

4) Observing laws and regulations enacted by the State, Guangdong Province and the employer; having no criminal records.

Article 8

The applicant of a Residence Permit shall fill in the application form for a Residence Permit of Guangdong Province (hereinafter referred to as The Application Form) in triplet and send to his/her employer, the governmental personnel department of the enterprise registration agency and the governmental personnel department with the power of approving personnel account.

Article 9

In applying for a Residence Permit, the original documents with one copy are required to be submitted:

1) The applicant’s diploma, certificate of professional qualification or other documents proving his/her achievement;

2) Valid ID;

3) Evidence of residence in Guangdong Province;

4) Notarial document of marital status;

5) Health certificate issued by a provincial or above-level hospital of or above Grade 2.

If a contract of employment or labor is signed, the contract shall be submitted;

If a business is set up in Guangdong Province, the evidence of the investment or the business achievement shall be submitted;

If the applicant has entered the Mainland from outside, the entrance record issued by the Public Security Bureau shall be submitted.

Any talented personnel holding Foreign Expert Certificate or Hong Kong, Macau and Taiwan Expert Certificate are exempted from the documents of items (1) to (4) required above in the application. The applicant can apply for a Residence Permit with Foreign Expert Certificate or Hong Kong, Macau and Taiwan Expert Certificate and the documents of item (5).

Article 10

The personnel department shall examine the application and documents on the spot according to the Articles 2,4,7,8 and 9. If the documents are complete, the personnel department shall register the acceptance of the application, notarial document of marital status, the original health certificate and other duplicated documents related and return all the original documents related. The Credential of Acceptance or Refusal of the Residence Permit Application (hereinafter referred to as Credential Acceptance) shall be provided to the applicant. If the documents are not complete, they shall not be accepted and shall be returned with detailed reasons for the non-acceptance.

Article 11

The Personnel Administrative Department of the Prefecture-level City shall fulfill scrutinization and approval procedures within 7 working days from the date of receiving the application form and relevant documents. The Application shall be attached with comments on whether it has satisfied the requirements of application. Two duplicate applications shall be given to the applicant while the Credential Acceptance is withdrawn. The Application and other relevant documents shall be kept in the archives for future reference.

Article 12

The applicant shall go through the relevant procedures for the Residence Permit in provincial or municipal public security bureaus at the prefectural level against the Application with the attached comments.

Article 13

The fee for the Residence Permit shall be determined by the Provincial Pricing Department.

Chapter III Management

Article 14

While recruiting talented personnel from Hong Kong, Macau, Taiwan and foreign countries without changing the census register or nationalities, state-owned enterprises and institutions shall examine the approval according to the post (draft recruitment post) management purview.

Article 15

The Residence Permit shall be brought into census management system of Guangdong Province.

Article 16

For a change of the employer or the residence, the holder of the Residence Permit shall go through the procedures for altering the out-dated information with the original agency that issued the Permit within 30 days.

Article 17

For a renewal of the Residence Permit on its expiry, the person concerned or his/her employer shall go through the procedures for its renewal with the original application agency and the public security bureau that issued the Permit according to the provisions of Article 5, items (1) and (4) of Article 7, Article 8 and items (3) and (5) of Article 9, of the present Provisions with 30 days prior to the expiry. The Permit is considered invalid on its expiry without informing the holder.

Article 18

In case of the loss of the Permit, its holder shall timely go through the procedures for its loss and replacement with the original application agency.

Article 19

In case of breaking down the contract or rescinding the contract, the employer shall take back the Residence Permit immediately and send it to the issuing department for nullification and report to the personnel department of its rank.

Chapter IV Benefits

Article 20

The Residence Permit holders from Hong Kong, Macau, Taiwan or overseas and holders of returned students from overseas with permanent residence status overseas may be relieved from applying for any work permit whatsoever.

Article 21

The Residence Permit holders may register to get the business license and establish a business by investing in terms of technology or money capital.

Article 22

The holder of the Residence Permit may participate in bidding for sci-tech projects, declaring sci-tech research tasks and applying for scientific awards.

Article 23

The Residence Permit holders may, with the approval of the competent administrative department, accept the employment from an administrative agency and provide appropriate service(s), short-term or project-length.

The Residence Permit holders may be engaged in being a leader in state-owned enterprises, universities, scientific research institutions or intermediaries when necessary.

Mainland holders of the Residence Permit may sign up for the competitive selection of Guangdong officials provided that they meet the relevant requirement for the official candidate.

Article 24

The Residence Permit holders may participate in the professional and technical posting qualification assessment, posts examination or business (occupation) qualification examination sponsored by the Province.

Article 25

A holder of the Residence Permit hereunder valid for or above 3 years may apply for his/her children’s schooling in his/her habitual residential area. Their preschool education, compulsory education and senior high-school education shall be provided for them by the district, county or city education administration in the nearest suitable schools with appropriate conditions. The junior vocational education shall be provided for them at the nearest suitable schools by the district, county or city education administration.

Such children from other parts of the mainland, under the preceding clause and with graduation diploma issued by a senior high-school in this province, may take the unified college entrance exam compiled for Guangdong examinees and apply for admissions to universities or colleges subordinate to any state ministries/ commissions but located in this province, or universities or colleges subordinate to the province, city or municipal but accepting applicants from other parts of the mainland, or the privately-run universities or colleges.

The children of the Residence Permit holders from abroad, Hong Kong, Macau and Taiwan or with the right of permanent residence or nationality of the resident country, shall be admitted with a lower testing score in line with relevant regulations for “four types of examinees” if they take part in the college entrance examination specific to this province in the adaptation period of language.

Article 26

When the mainland holders of Residence Permit and the students who have studied abroad but do not have foreign citizenship are employed by the administrative department or companies that are managed according to the civil servants’ requirement shall join the social endowment insurance system for government agencies in this province. When they are employed by companies or other institutions, they shall join the social endowment insurance system for companies in this province.

Article 27

The Residence Permit holders who once worked for the other provincial or municipal government institutions and who are going to work in enterprises shall be treated according to the 26th notice issued by Labor & Social Security Bureau of Guangdong Province. Other mainland holders of the Residence Permit working in enterprises shall be treated as enterprises’ stipulate. If the mainland holders who worked for other provincial or municipal government institutions and who are employed by the government institutions need not transfer their endowment insurance to this province. Should they leave this province due to the end of a contract, their balance of personal endowment insurance and its interest shall be paid back to them once for all.

Article 28

The talented personnel who enjoy basic endowment insurance in accordance with Article 26, may enjoy the basic medicare insurance for the employees in this province, either cities or towns. Upon their leaving the province, the endowment insurance and the amount in personal medical account shall be transferred to the local social insurance institution. Where there is no local social insurance institution, the balance in the personal medicare account and its interest shall be paid back to the person concerned.

Article 29

Mainland holders of Residence Permit may accordingly contribute to and use the common reserve funds for housing in this province. Those who have already made their contributions to the common reserve funds for housing in the locality of their residence registration may transfer the balance they have contributed in the said locality into the common reserve funds account in this province, and the years and balance of their previous contribution to the common reserve funds for housing shall be added to the years and balance that they have contributed in this province. Upon their leaving this province, they may go through the procedures of transferring the balance in their account of the common reserve funds for housing according to the relevant regulations.

Article 30

Mainland holders of the Residence Permit who have their invention and innovation patented in this province may apply for Guangdong Reward for Invention and Innovation Patent.

Article 31

Mainland holders of the Residence Permit may go through the procedures for private business-trip abroad according to the relevant regulations made by the public security bureaus.

Article 32

Residence Permit holders with Hong Kong, Macau and Taiwan citizenship, with foreign citizenship, or who are overseas Chinese students and who enjoy lawfully admitted permanent/ long-term residence may open an account to deposit or withdraw in any of the banks in this province against the number of the Residence Permit; with tax receipt and other relevant documents, they may exchange at the banks designated by the Foreign Currency Control, the RMB they legally have during their stay in this province into foreign currency and remit them overseas.

Article 33

Residence Permit holders from Taiwan may apply for the procedures for additional notation of long-term residence and for multi-entry visa.

Returned students from overseas with a permanent/ long-term residence status abroad and a visa of residence may apply for multi-entry visa. Residence Permit holders with foreign citizenship accordingly may apply for multi-entry visa for the period of their residence.

Article 34

Residence Permit holders may apply for driving licenses, purchasing automobiles, riding in the public transportation, registering in hotels, and enjoying the same treatment as the citizens of this province. Where laws and regulations from the State and the Province on recruiting talented personnel provide otherwise, the provisions of such laws and regulations apply.

Article 35

Residence Permit holders shall go through other relevant procedures made by the State and this province if they intend to obtain the census registration of this province.

Chapter V Responsibility

Article 36

Residence Permit holders shall observe the laws and regulations of the country and province. Those who violate them will be penalized by relevant institutions of the state in accordance with the provisions of the relevant laws, rules and administrative regulations.

Article 37

Applicants who submit forged or altered documents to obtain the Residence Permit shall be penalized by nullifying their qualification of getting the Residence Permit. Those who have obtained the Residence Permit shall return the Permit to the agencies that issued it and be officially recorded as “not credible” in their personal archives.

Article 38

Those who serve in government agencies and government agencies, associations, enterprises or other institutions helped to deceive into obtaining a Residence Permit shall be subject to administrative sanctions in accordance with the seriousness of the case. If they violate the criminal law, the judicial authority shall investigate the case and affix the criminal responsibility according to the law.

Article 39

Where any staff of government agencies, while executing these Provisions by taking advantage of his/her position and powers, has asked for or taken bribery, or committed other illegal acts or abuse of his/her office, or sanction may be imposed on the offender by the competent authority at its discretion if the case is not so serious; the offender’s criminal responsibility shall be investigated according to the provisions of the Criminal Law of the People’s Republic of China if the case is so serious as to constitute a crime.

Chapter VI Supplementary Provisions

Article 40

Any Residence Permit holder may apply for Residence Permit for the spouse and underage child(ren) who come to this province together with the holder, and such family may enjoy corresponding benefits.

Article 41

Provincial Personnel Department shall be responsible for the interpretation of these Interim Provisions.

Article 42

These Provisions shall enter into force on November 1, 2003.

Appendices:

1) The Application of Residence Permit of Guangdong Province (1 Chinese, 2 English versions)

2) The Credential of Acceptance or Refusal of the Residence Permit Application

3) Detailed Rules for Qualifications of Getting the Residence Permit of Guangdong Province

4) A sample pattern of Residence Permit of Guangdong Province

Appendices

Detailed Rules for Qualifications of Getting the Residence Permit of Guangdong Province

Article 1

This rule is formulated with a view to limiting the administrative personnel’s own judgment in verifying the qualification of the applicant applying for the Residence Permit in Guangdong Province (hereinafter referred to as Residence Permit), to fully reflect the working principle: publicity, equality, fairness and trustworthiness and the recruiting principle: publicity, equality, competitiveness and selecting the superior in accordance with the Interim Provisions on the Implementation of the ‘Residence Permit System in Guangdong Province’ for the Talented Personnel to be Recruited (hereinafter referred to as Provisions).

Article 2

The personnel can apply for the Residence Permit in accordance with the provisions in Article 8 and Article 9 when meeting the requirements in item 4, Article 7 and one of the following requirements:

1) Academician of National Academy of Science;

2) Academician of National Academy of Engineering;

3) Specially Engaged Professors of Changjiang Scholar Awards Program;

4) Leaders of a Field of Learning;

5) Doctoral Tutors;

6) Winners of the Highest National Prize for Science and Technology;

7) Winners of the International Prize for Cooperation in Science and Technology;

8) Winners of the National Prize for Natural Science;

9) Winners of the National Prize for Invention in Science and Technology;

10) Winners of the National Prize for Progress in Science and Technology;

11) Winners of the Prize for Progress in Science and Technology Awarded by the Province (or Ministry or Commission)

12) Winners of the National Prize for Technical Ability and a Title of Skilled Technician;

13) Holders of Qualification Certificate from Employing Institutions for Hong Kong, Macau and Taiwan Cultural and Educational Experts;

14) Holders of Qualification Certificate from Employing Institutions for Foreign Cultural and Educational Experts;

Article 3

The personnel that apply for the Residence Permit in accordance with the Provisions (excluding the personnel described in Article 2 of the Rule) shall be verified according to the marking of the key factors.

Article 4

The marking system of the key factor of the Rule is divided into 2 parts: common marks and business set-up marks. It is composed of 12 key factors and the full mark is 200.

The mark of the applicant of Residence Permit shall be accumulated by 12 key factors in two parts.

Article 5

The common mark is divided into 3 parts: basic marks, skill marks and orientation marks. It is composed of 9 key factors and the full mark is 200.

1) Basic marks are composed of 4 key factors: age, education background, employment condition and housing condition. The full mark is 55.

a. The highest mark in age factor is 10. The marking standard is as follows:

a) Under 35 years 10 marks

b) 36-40 years 8 marks

c) 41-45 years 6 marks

d) 46-50 years 4 marks

e) Above 50 years 0 marks

b. The highest mark in education background is 30. The highest degree (diploma) is considered. Bachelor’s, Master’s and PhD degree holders are required to obtain both a degree and a diploma. The marking standard is as follows:

a) PhD 30 marks

b) Master 25 marks

c) Bachelor 20 marks

d) Post secondary 10 marks

e) High School (including vocational and technical education, junior college) 0 marks

c. The highest mark in employment condition factor is 10 marks. It is counted according to the employer’s condition in the Province. The marking standard is as follows:

a) Employed as of program or other ways 10 marks

b) The term of the employment (labor) contract is above 1 year 10 marks

c) The term of the employment (labor) contract is 6-12 months 5 marks

d) Not employed 0 marks

d. The highest mark in housing condition factor is 5 marks. Marking standard is as follows:

a) Owning the housing property rights in the province[1] 5 marks

b) Others 0 marks

2) The score of professional proficiency is marked by two key factors-professional proficiency and professional skill training, with a full mark of 35.

a. The highest mark in professional proficiency factor is 30 marks, with only one of the highest scores marked if two or more factors are up to standards. The marking standard is as follows:

a) Any one of the following conditions is marked 30:

l Credentials for the post of senior professional skill;

l Employed by public institutions for the post of senior professional skill;

l Employed by enterprises for the post of senior management or the position of professional skill.

b) Any one of the following conditions is marked 25:

l Credentials for the post of secondary senior professional skill;

l Qualification as senior technician;

l Employed by public institutions for the post of secondary senior professional skill;

l Employed by enterprises for the post of mid-level management or the position of professional skill.

c) Any one of the following conditions is marked 20:

l Credentials for the post of mid-level professional skill;

l Qualification as technician;

l Employed by public institutions for the post of mid-level professional skill;

l Employed by enterprises for the post of ordinary management or the position of professional skill.

d) Any one of the following conditions is marked 10:

l Credentials for the post of junior professional skill;

l Employed by public institutions for the post of junior professional skill;

l Employed by enterprises for junior management post or professional skill position.

e) Credentials for certified profession is marked: 5-15 marks

f) Patent owner for invention is marked: 5-15 marks

g) Others are marked 0 marks

(Note: Those who obtain qualifications for the certified profession are given 5 to 15 marks based on different occupations. And “the patent for invention”, referring to those patents invented by applicants and authorized by experts in the same field is awarded 5 to 10 marks according to the patent levels. )

b. Professional skill training

The highest mark in professional skill training factor is 5. Those who take part in professional skill training held by lawful educational training institutions in China (including Hong Kong, Macau and Taiwan) and in foreign countries are marked 1 to 5 provided that they obtain the authorized certificate of professional skill training. The certificate of the same kind shall be marked only once; for those of different kinds, marks may be added up, with only 5 scores marked if the accumulated mark is above. All kinds of lawful educational training institutions could report to the Provincial Personnel Department for the acknowledgement of the certificate of professional skill training. Then this detailed marking system is announced.

The marking standard is as follows:

a) Any one of the following conditions is marked 1 to 5:

l With certificates of professional technique and professional skill training issued by educational training institutions authorized by the State.

l With certificates of professional technique and professional skill training issued by educational training institutions authorized by the provincial government (the State administrative department responsible for the work of educational training.)

l With certificates of professional technique and professional skill training issued by educational training institutions authorized by the municipal government of prefectural level (the provincial administrative department responsible for the work of educational training).

b) Zero is marked for the unauthorized certificate of professional skill training.

3) The score of orientation is marked by three key factors-specialty orientation, industry orientation and region orientation, with a full mark of 30.

a. The highest mark in speciality orientation factor is 10. Based on the annual list on talent development, speciality orientation is divided into three categories.

The marking standard is as follows:

a) With rare Speciality in rare fields 10 marks

b) With agreement Speciality in demand 5 marks

c) With Speciality under control 0 marks

b. The highest mark in industry orientation factor is 10.

The marking standard is as follows:

a) To be employed in high-tech industries 10 marks

b) To be employed in traditional industries with development priority 10 marks

c) Others 0 marks

c. The highest mark in region orientation factor is 10. According to the provincial planning for regional economic development, regions with development priority refer to the place of residence and the place of employment as a whole.

The marking standard is as follows:

a) Employed in regions with development priority 10 marks

b) Employed in ordinary regions 5 marks

Article 6

Business-setting-up is marked by three key factors—investment, taxation and the number of employees with Guangdong census register, with a full mark of 80.

1) The highest mark in investment and business- setting-up factor is 30. For those who start up more than once, the amount of investment shall be added up, with one mark for 500,000 RMB as the starting point. One more mark is added for the additional investment of 500,000 RMB. But only 15,000,000 RMB is marked if the accumulated amount of investment is above. Confirmation of the amount of investment is based on the testimonial of asset examination issued by lawful accounting firms.

2) The highest mark in taxation factor is 30. The amount of taxation shall be added up, with one mark for 100,000 RMB as the starting point. One more mark is added for the additional taxation of 100,000 RMB. But only 3,000,000 RMB is marked if the accumulated amount of taxation is above. Confirmation of the amount of taxation is based on the actual duty-paid certificate issued by tax authorities.

3) The highest mark in the number of employee factor is 20. The number of employees in enterprises that are undertaken in Guangdong Province shall be added up, with only 1000 marked if the accumulated number is above.

The marking standard is as follows:

Employing 1000 or more people from Guangdong Province 20 marks

Employing 800 or more people from Guangdong Province 17 marks

Employing 600 or more people from Guangdong Province 14 marks

Employing 400 or more people from Guangdong Province 12 marks

Employing 200 or more people from Guangdong Province 10 marks

Employing 100 or more people from Guangdong Province 8 marks

Employing 80 or more people from Guangdong Province 6 marks

Employing 60 or more people from Guangdong Province 4 marks

Employing 40 or more people from Guangdong Province 3 marks

Employing 20 or more people from Guangdong Province 2 marks

Employing 10 or more people from Guangdong Province 1 marks

Article 7 Confirmation of standard mark for Residence Permit duration

1) Residence Permit with a span of six months or one year is available to those who bear bachelor’s degrees or above but have not been employed by the employer, provided that their accumulated mark is 50 and above.

2) Based on their accumulated marks, the Residence Permit with corresponding durations is available to those who are employed by the employer or start business and make investment in Guangdong province.

a. A Residence Permit with a span of five years or less is available to applicants with accumulated mark of 81 and above.

b. A Residence Permit with a span of three years or less is available to applicants with accumulated mark between 66 and 80.

c. A Residence Permit with a span of one years or less is available to applicants with accumulated mark between 60 and 65.

Article 8 Guangdong Personnel Department is responsible for timely adjusting and announcing the requirements and standard marks for the Residence Permit application on the basis of local needs for ‘talented’ personnel, economic and social development as well as for the composition and supply-demand situation of talented personnel in the Province.