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.)