Document Number : No. 53 [2012] of the Ministry of Human Resources and Social Security
Area of Law : General Provisions on Foreign Affairs
Level of Authority : Party Regulations
Date issued : 09-25-2012
Effective Date : 09-25-2012
Issuing Authority : Organization Department of the Central Committee of the Communist Party of China (Organization Department, CCCPC) Ministry of Human Resources & Social Security Ministry of Public Security
Status : Effective
Notice of the Organization Department of the CPC Central Committee, the Ministry of Human Resources and Social Security, the Ministry of Public Security and other 22 Departments on Issuing the Measures for Relevant Treatments Enjoyed by Foreigners with Permanent Residence Status in China
(No. 53 [2012] of the Ministry of Human Resources and Social Security)
All departments of organization, human resources and social security, public security, foreign affairs, development and reform, education, science and technology, finance, housing and urban-rural development, commerce, family planning, the People's Bank of China, state-owned assets supervision and administration, customs, taxation, industry and commerce, tourism, overseas Chinese affairs, banking regulatory commission, securities regulatory commission, insurance regulatory commission, foreign experts, civil aviation, and foreign exchange of all provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps and sub-provincial cities; all railway administrations; and the personnel departments of all ministries and commissions of the State Council and all institutions directly under the State Council:
Ever since the issuance of the Measures for the Administration of Examination and Approval of Foreigners' Permanent Residence in China, a batch of foreign talent have acquired Foreigner's Permanent Residence Permits, which has played an important role in attracting overseas talent and investors to better participate in the state-building of China. It is made clear in the Outline of the National Medium- and Long-Term Human Resources Development Planning (2010-2020) that a more open policy on talent shall be implemented to vigorously attract high-quality overseas talent to come or return to China for innovation and entrepreneurship. The Measures for Relevant Treatments Enjoyed by Foreigners with Permanent Residence Status in Chinaare hereby issued to you for your implementation and compliance upon the consent of the Central Coordination Group for Talent Work.
The enjoying of relevant treatments by foreigners with permanent residence status in China involves all aspects of work and life and is an important measure for attracting overseas talent to work in China. All relevant departments of organization, human resources and social security, public security, foreign affairs, development and reform, education, science and technology, finance, housing and urban-rural development, commerce, family planning, the People's Bank of China, state-owned assets supervision and administration, customs, taxation, industry and commerce, tourism, overseas Chinese affairs, banking regulatory commission, securities regulatory commission, insurance regulatory commission, foreign experts, civil aviation, and foreign exchange shall fully understand the significance of this work, strengthen coordination and cooperation, pay close attention to the formulation and promulgation of implementation rules and measures, and actively implement measures to effectively protect the legitimate rights and interests and treatments enjoyed by foreign talent with permanent residence status in China. They shall also constantly improve service policies, enhance service awareness, improve service levels, and create a favorable environment for attracting overseas talent to come to China for innovation and entrepreneurship.
Organization Department of the CPC Central Committee
Ministry of Human Resources and Social Security
Ministry of Public Security
Ministry of Foreign Affairs
National Development and Reform Commission
Ministry of Education
Ministry of Science and Technology
Ministry of Finance
Ministry of Housing and Urban-Rural Development
Ministry of Railways
Ministry of Commerce
National Health and Family Planning Commission
People's Bank of China
State-owned Assets Supervision and Administration Commission
General Administration of Customs
State Administration of Taxation
State Administration for Industry and Commerce
National Tourism Administration
Overseas Chinese Affairs Office
China Banking Regulatory Commission,
China Securities Regulatory Commission,
China Insurance Regulatory Commission
State Administration of Foreign Experts Affairs
Civil Aviation Administration of China
State Administration of Foreign Exchange
September 25, 2012
Measures for Relevant Treatments Enjoyed by Foreigners with Permanent Residence Status in China
The Foreigner's Permanent Residence Permitrefers to a valid ID certificate for a foreigner with permanent residence status in China to stay in China and may be used independently. A foreigner with the Foreigner's Permanent Residence Permit issued by China shall enjoy the following treatments:
1. Except political rights and the specific rights and obligations that may not be enjoyed by a foreigner in accordance with laws and regulations, this foreigner shall, in principle, enjoy equal rights and assume equal obligations as Chinese citizens.
2. The residence period of this foreigner in China has no time limit. The foreigner may enter and leave China with his or her valid passport and Foreigner's Permanent Residence Permitwithout the need for separately handling procedures such as application for a Chinese visa; his or her spouse and lineal relatives may, pursuant to relevant provisions, apply for the required visa, residence permit or Foreigner's Permanent Residence Permit.
3. With respect to his or her inbound and outbound personal effects, the customs shall handle them in accordance with provisions on permanent settlers to China.
4. The foreigner may be employed in China without theEmployment Permit for Foreigners.Priority may be given to eligible foreigners in handling the application for theForeign Expert Certificate, Foreign Experts Working Permit in China, and Talent's Work and Residence Permit in local areas.
5. The foreigner may, in ways such as technology investment and capital investment, set up a foreign-funded enterprise, and may conduct foreign direct investment in China with the RMB he/she gets legally.
6. Where the foreigner invests in a project or sets up a foreign-funded enterprise in China, the development and reform department, commerce department, industry and commerce department, and foreign exchange department shall, pursuant to relevant provisions on foreign capital management, simplify the approval procedures for the project and foreign-funded enterprise so as to improve the efficiency.
7. The foreigner may, in accordance with relevant provisions, participate in the qualification assessment of professional technical positions and qualification tests for professional technical personnel.
8. Where the children of the foreigner should start schooling in the compulsory phase and meet the conditions, they may enjoy relevant policies, and the educational administrative department at the place of his or her residence shall, under relevant policies and the principle of admission into the nearest school, handle the enrollment and transfer formalities for the children and shall not charge the fees that are not specified in national regulations.
9. The foreigner may use his or her Foreigner's Permanent Residence Permit as a valid ID certificate to handle the formalities for buying social insurances. Where the foreigner gets employed in China, the foreigner may, in accordance with relevant provisions in the Social Insurance Law of the People's Republic of China, buy various social insurances. Where the foreigner resides in China without being employed and complies with provisions of the overall planning region, the foreigner may, with reference to domestic urban residents, buy the basic medical insurance and social pension insurance for urban residents and enjoy the social insurance treatments. Social insurance agencies shall, pursuant to relevant provisions, simplify the process of formalities, including transfer and termination of the social insurance relationship so as to provide convenience for the foreigner.
10. The foreigner may, in accordance with theRegulation on the Administration of Housing Accumulation Funds and other provisions, deposit and use housing accumulation funds at the place where he or she is employed and handle the formalities of withdrawing or transferring housing accumulation funds when he or she leaves the place.
11. The foreigner may, pursuant to other relevant provisions, purchase a commercial residential home in China for self living and use without being restricted by the provision of one year or more of working and studying in China on the purchase of a commercial residential home by an overseas individual in China for self use as prescribed in the Opinions Concerning Regulating the Access to and Administration of Foreign Investment in the Real Estate Market.
12. The foreigner shall, in accordance with relevant provisions of Chinese tax laws and regulations and tax treaties, fulfill the corresponding obligation of paying taxes.
13. The foreigner may use his or her Foreigner's Permanent Residence Permitas his or her ID certificate to enjoy equal rights, obligations, and statistical attribution as Chinese citizens in conducting financial transactions such as banking, insurance, securities, and futures.
14. After the foreigner has paid taxes in accordance with law for his or her income obtained in China and obtained the tax certificate for foreign payment issued by the tax authorities, he or she may convert the after-tax income into foreign currency and remit it abroad. The foreigner may, pursuant to relevant provisions on foreign exchange control, use his or her Foreigner's Permanent Residence Permit as his or her ID certificate to conduct foreign exchange transactions.
15. The foreigner shall enjoy equal treatments and pay the same prices as Chinese citizens in conducting consumption activities in China, including shopping, buying tickets of parks and various cultural and sports venues, and having cultural and recreational activities and business tours,.
16. The foreigner may use his or her Foreigner's Permanent Residence Permit to handle boarding formalities for taking a domestic flight, buy a train ticket for taking a train in China, and check in at a hotel in China.
17. The foreigner shall, in applying for the Motor Vehicle Driving Licenseand handling motor vehicle registration formalities, enjoy equal treatments as Chinese citizens. Where the foreigner applies for the Motor Vehicle Driving Licenseof the People's Republic of China for the first time or replacing his or her foreign Motor Vehicle Driving License by the Motor Vehicle Driving Licenseof the People's Republic of China and meets the driving license application or replacement conditions, the foreigner may, with his or her Foreigner's Permanent Residence Permit, residence registration certificate provided by the public security department, and proof of physical conditions and upon passing the examination, obtain the Motor Vehicle Driving Licenseof the People's Republic of China as issued by the public security department. The foreigner may, with his or her Foreigner's Permanent Residence Permit, residence registration certificate provided by the public security department and relevant certificates of the motor vehicle, go to the public security department to handle motor vehicle registration formalities.
18. Where the foreigner applies to acquire the Chinese nationality or restore his or her Chinese nationality, the public security department shall, in accordance with relevant formalities, speed up the handling of the application issue.
19. These Measures shall be subject to interpretation by the Ministry of Human Resources and Social Security, Ministry of Public Security and relevant departments.
20. These Measures shall come into force on the date of issuance.
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(All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)