Laws of the Shanghai Province

(Promulgated on April 30, 2002 by Decree No. 122 of the Shanghai Municipal People's Government)

Article 1 (Purposes)

In order to promote the flow of talented personnel, encourage them to come to Shanghai for employment or business development from elsewhere in China and from overseas, thereby raising the comprehensive competitiveness of the Municipality, these Provisions are enacted in accordance with relevant laws and regulations and with reference to the actual circumstances of this Municipality.

Article 2 (Applicants)

Persons both at home and from overseas with an academic record of or above a college graduate' s or with special talents who come to Shanghai for employment or business development without changing their household registration or nationality may apply for the "Residence Permit in Shanghai Municipality" (hereinafter referred to as Residence Permit) according to these Provisions.

Article 3 (Competent Department)

Shanghai Municipal Personnel Bureau (hereinafter referred to as MPB) is in charge of the recruitment of talented personnel and responsible for the implementation of these Provisions.

Shanghai Municipal Public Security Bureau (hereinafter referred to as MPSB) is responsible for the issue of the "Residence Permit" and the relevant administration.

The Municipal Planning Commission, Municipal Foreign Affairs Office, Municipal Labor and Social Security Bureau, Municipal Science and Technology Commission, Municipal Education Commission, Municipal Information Office, Municipal Medicare Bureau, Municipal Real Estate and Land Resource Bureau and other relevant departments shall do a good job in the relevant administration over the recruitment of talented personnel according to their respective duties.

Article 4 ("Residence Permit" System)

The "Residence Permit" system shall be gradually implemented for the persons who reside and work in the Municipality.

Article 5 (Contents of the "Residence Permit")

A "Residence Permit" must carry such contents as the name, date of birth, sex, issuing date, valid period, ID number or Nationality, etc of the holder.

Article 6 (Valid Period of the "Residence Permit")

The valid period of a "Residence Permit" may be six months, one year, three years or five years.

Article 7 (Functions of the "Residence Permit")

A "Residence Permit" has its main functions as follows:

(1) To prove the holder's residence and employment in the Municipality;

(2) To facilitate such relevant personal affairs as application for social security, common reserve funds for housing and for relevant information; and

(3) To record such information necessary for population control as the basic personal information and change of residence, etc. of the holder.

Article 8 (Issuing Agency)

MPSB shall issue the "Residence Permit"

Article 9 ("Residence Permit" Information System)

The "Residence Permit" information system shall be included into the Information System of Shanghai Municipal Social Security and Citizen Service.

The planning and construction, operation and maintenance as well as safety and security of the "Residence Permit" information system are to be carried out according to the relevant regulations of this Municipality.

Article 10 (Application)

Where a person at home or from overseas under Article 2 of these Provisions wants to apply for a "Residence Permit", the person or his/her employer shall apply to the MPB and fill in the application form for a "Residence Permit".

Article 11 (Application Materials)

In the application for a "Residence Permit", the following materials are required:

1. The applicant's authentic academic record, certificate of specialty, or material evidencing his/her achievement;

2. Valid ID;

3. Evidence of residence in the Municipality; and

4. His/her health certificate issued by a hospital of or above Grade 2 in this Municipality.

Having signed an employment or labor contract with the employer, the applicant shall also submit such contract.

Having set up a business, the applicant shall also submit the relevant evidence of the investment or the start-up.

Having entered the Mainland from outside, the applicant shall also submit entrance record issued by the public security agency.

Article 12 (Examination of the Application)

MPB shall complete the examination and approval procedures within 7 working days from the date of receiving the application form and material. To those who satisfy the requirements, MPB shall, according to the Municipal Guidance Contents and Specific Appraisal Standard of Talented Personnel Development, define the valid period of the "Residence Permit" and issue the "Notice of Admittance to the 'Residence Permit in Shanghai Municipality'"; to those who do not satisfy the requirements, MPB shall inform the applicant in writing accordingly.

The Annual Guidance Contents of Talented Personnel Development shall be formulated by MPB together with relevant departments according to the need of the economic construction and social development of the Municipality, and be issued after the approval of the Municipal Government.

Article 13 (Procedures for the "Residence Permit")

The applicant shall, with the "Notice of Admittance to the 'Residence Permit in Shanghai Municipality'", go through the relevant procedures for the "Residence Permit" with the public security agencies.

Article 14 (Cost of the "Residence Permit")

The cost of the "Residence Permit" shall be examined and set by the municipal pricing department.

Article 15 (Work Permit for Personnel from Overseas)

A returned student from overseas with either a foreign citizenship or a permanent residence status overseas may be relieved from applying for any work permit whatsoever, if only he/she has obtained the "Residence Permit".

In case that the State laws, regulations and rules have other provisions on the foreigner's employment in China, or on the persons from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region who seek employment in China' s Mainland, such provisions shall apply.

Article 16 (Alteration of the Relevant Information Carried in the "Residence Permit")

For a change of the employer or the residence, etc., the "Residence Permit" holder shall go through the procedures for altering the relevant information with MPB within 30 days.

Article 17 (Renewal of the "Residence Permit")

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 MPB and the original public security agency that issued the Permit according to the provisions of Articles 10 to 13 of the present Provisions within 15 days prior to the expiration.

Article 18 (Report of the loss and Application for Re-issue of the Residence Permit")

In case the "Residence Permit" is lost, its holder shall timely go through the procedures for its loss and replacement with MPB.

Article 19 (Establishment of Business)

A "Residence Permit" holder from overseas may establish a business by investing in terms of technology or money capital.

Article 20 (Science and Technology Activities)

A "Residence Permit" holder may apply for the recognition of high-and-new technology achievement projects, participate in biddings for sci-tech projects, apply for subsidy or subsidies for talented sci-tech personnel programs or sci-tech projects, and apply for sci-tech awards.

Article 21 (Employment by Administrative Agencies)

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.

Article 22 (Qualification Assessment, Examination and Registration)

The "Residence Permit" holders may participate in the municipal professional and technical posting qualification assessment or posts examination, business (occupation) qualification examination and business (occupation) registration.

Article 23 (Children's Schooling)

A holder of the "Residence Permit" hereunder valid for or above a certain years may apply for his/her children's schooling in the Municipality. Their compulsory and senior high-school education shall be assigned by the district/county education administration to suitable schools with appropriate conditions. The valid period of years for the "Residence Permit" under the present clause must be specified separately by MPB together with the municipal 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 Municipality, may take the unified college entrance exam using the exam questions compiled by Shanghai Municipality and apply for admissions to the universities or colleges subordinate to any state ministries/commissions but located in the Municipality, or the universities or colleges subordinate to the Municipality 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, who are still in the language adaptation period, shall be admitted with an adequately lower testing scores if they take part in the college entrance examination in the Municipality.

Article 24 (Basic Pension Insurance)

Mainlanders holding a "Residence Permit" or the personnel schooled abroad without a foreign nationality may join the basic pension insurance of the Municipality.

The "Residence Permit" holders from other parts of the mainland shall not transfer their pension insurance relationship established in the locality of their residence registration and the balance in their personal pension insurance account. Upon their leaving the Municipality, the municipal social security organ shall transfer their pension insurance relationship and the balance in their personal pension insurance account to the social security agency in the locality of their residence registration; in case of without a local social security agency, the part of the balance in the personal pension insurance account submitted by the person shall be returned to the person together with the interest once for all.

Upon the leaving of the "Residence Permit" holders schooled abroad without a foreign nationality, the municipal social security organ shall return them the part of the balance in their personal pension insurance account submitted by the person together with the interest once for all.

Article 25 (Basic Medicare Insurance)

The personnel who joined the municipal basic pension insurance under Article 24 of these Provisions may join the municipal basic medicare insurance for city and town employees. Upon their leaving the Municipality, the municipal medicare insurance agency shall transfer their basic medicare insurance relationship and the balance in their personal medicare insurance account to the social security agency in the locality of their residence registration; where there is no local social security agency, the balance in the personal medicare account and the interest involved is payable to the person in a lump sum.

Article 26 (Common Reserve Funds for Housing)

Mainlanders holding "Residence Permit" may accordingly contribute to and use the common reserve funds for housing in the Municipality. 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 the Municipality, 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 the Municipality. Upon their leaving the Municipality, they may go through the procedures of transferring the balance in their account of the common reserve funds for housing according to the regulations.

Article 27 (Reward for Implementation of Patent)

Mainlanders holding "Residence Permit" who have their invention and innovation patented in the Municipality may apply for Shanghai Municipal Reward for Invention and Innovation Patent.

Article 28 (Going Abroad for Private Purpose)

Mainlanders holding the "Residence Permit" who have worked and lived in the Municipality for one year or more may go through the procedures for private business-trip abroad according to the relevant regulations made by the Public Security Ministry.

Article 29 (Foreign Currency Exchange)

The "Residence Permit" holders from overseas may, with tax receipt and other relevant documents, exchange at the banks designated by the foreign currency control, the RMB they legally have during their stay in this Municipality into foreign currency and remit the same overseas.

Article 30 (Residence Registration and Visa)

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

A foreign national holding a "Residence Permit" may apply for the procedures of long-term residence and multi-entry visa valid for the period of their residence.

Article 31 (Other Regulations)

In the presence of other State or Municipal regulations relevant to the benefits to the recruited talents, such relevant regulations shall apply.

Article 32 (Benefits to the Accompanying Family)

Any "Residence Permit" holder may apply for "Residence Permit" for the spouse and child(ren) under age who come to the Municipality together with the holder, and such family may enjoy corresponding benefits.

Article 33 (Obtaining the Residence Registration)

If the personnel at home and from overseas intend to come to Shanghai for employment or business development in the form of obtaining the residence registration of this Municipality, they shall go through other relevant procedures made by the State and the Municipality.

The "Residence Permit" holders intending to obtain the residence registration of this Municipality shall go through the relevant procedures prescribed in the preceding clause.

Article 34 (Effective Date)

These Provisions shall become effective on June 15, 2002.