Article 1 For the purposes of the Measures, the term "overseas-educated personnel" refers to Chinese nationals who have studied abroad for more than one year under the sponsorship of the government or at their own expense, and have recently returned to China, while meeting any of the following conditions:
(1) Having obtained a master's degree or above in a foreign country, or holding a foreign postgraduate qualification;
(2) Having held an intermediate professional or technical position or above before going abroad;
(3) Having obtained a doctoral degree before going abroad for post-doctoral research or further education.
Article 2 The following principles shall be followed in promoting entrepreneurship or employment of overseas-educated personnel in Beijing:
(1) Managing talents under the leadership of the CPC. The working structure shall be established to highlight the unified leadership of the CPC committees and ensure that organizational departments take the lead to coordinate respective responsibilities of relevant departments along with wide social participation.
(2) Highlighting the needs in key areas. Focusing on advancing the cultural, technological and green development of Beijing, it is necessary to introduce excellent overseas-educated personnel with real talents and development potential.
(3) Ensuring market-based allocation. The government provides public services to facilitate entrepreneurship and employment of overseas-educated personnel in Beijing according to the principle of two-way selection.
(4) Playing the role of employers in talents introduction. Overseas-educated personnel shall be introduced as needed by the employers themselves, and shall be provided with necessary career platform and conditions.
Article 3 Overseas-educated personnel may consult and learn about the environment, relevant policies, working information, post requirements and life information regarding their entrepreneurship and employment in Beijing through such channels as the reception service desk at Beijing Overseas-Educated Personnel Center (BOTC), its official website (8610hr.cn) and consultation hotline for entrepreneurship and employment of overseas-educated personnel.
Relevant municipal departments will hold regular activities such as the "Development Forum for Overseas Talents", "Talent and Technology Exchanges and Project Promotion Conference", and "Beijing Through Perspectives of Overseas-educated Personnel", which are aimed to provide opportunities for overseas-educated personnel in terms of talents, technologies, projects and capital.
Article 4 Overseas-educated personnel, without restrictions of their previous household registration before going abroad, may apply for the (overseas-educated personnel) Residence and Work Permit in Beijing at BOTC with an employer's certificate or industrial and commercial license. The permit will be issued after examination and approval by the Municipal Human Resources and Social Security Bureau.
Article 5 Overseas-educated personnel may start their business or employment in Beijing in the following main ways:
(1) Establish enterprises in the form of technology equity or investment;
(2) Establish or lease various economic entities and R&D institutions;
(3) Work in state-owned enterprises, public institutions or other types of economic and social organizations;
(4) Carry out academic exchanges or scientific and technological research cooperation, or undertake scientific research projects;
(5) Engage in post-doctoral research at centers for post-doctoral studies;
(6) Work in community public service or other public welfare institutions;
(7) Serve as civil servants in state organs at the municipality, district or county levels.
Article 6 Enterprises established by overseas-educated personnel in Beijing may be directly registered with their passports, and the registered capital may be subject to the minimum standards stipulated by relevant laws and regulations. For those who have passed the review of BOTC, the government will provide an initial support of CNY 100,000 for the enterprise start-up. Priority shall be given to those who apply for guidance funds for small and medium-sized enterprises set up by municipal, district or county governments to support start-ups. Those who obtain bank loans shall be given partial or full interest subsidy by the government. Those who establish high-tech enterprises may enjoy the preferential policies of Beijing for high-tech enterprises.
Article 7 Various parks such as hi-tech industrial development zones, science and technology enterprise incubators, overseas-educated personnel entrepreneurship parks, university science parks and industrial parks will be supported to establish seed funds and credit guarantee funds in order to provide overseas-educated personnel with entrepreneurial capital support and financing guarantee services.
Article 8 All kinds of financial institutions, venture capital funds at home and abroad, and private capital are encouraged to establish venture capital funds for overseas-educated personnel in order to provide them with the financial support they need to start their own enterprises in accordance with relevant national and municipal provisions.
Article 9 Overseas-educated personnel who start enterprises or are employed in Beijing may be entitled to business tax exemption over their income from technology transfer or development as well as related technical consultation and technical services in Beijing upon the recognition by relevant departments. All legitimate income obtained from the start-up of enterprises can be used to purchase foreign exchange to be carried or remitted abroad (offshore) after paying taxes according to the law and obtaining special vouchers issued by the taxation department with their tax payment duly audited.
Article 10 For enterprises started by overseas-educated personnel in Beijing, preferential treatment shall be given with regard to scientific research incubation, financial support and talent introduction when they need to introduce non-local technology R&D and management backbones, provided that their business scopes are in line with the industrial development orientation of Beijing while the average annual tax amount has reached more than CNY 1 million in the past three years.
Article 11 The laboratories of municipal institutions of higher learning and scientific research institutions are encouraged to open to enterprises established by overseas-educated personnel. Such enterprises are encouraged to create enterprise technology centers and engineering technology research centers independently or jointly with universities and research institutes. Moreover, one-time financial support and relevant preferential policies shall be given to such research centers that are assessed and recognized as national or municipal level ones.
Article 12 For new and high technology projects and products developed or produced in Beijing by overseas-educated personnel, applications may be made to the Municipal Science and Technology Commission for relevant scientific and technological support in accordance with relevant provisions, with priority given under the same conditions.
Article 13 For overseas-educated personnel who carry out scientific research, engage in technological transformation projects or projects with patents or inventions, or engage in new product or technology development, their employers shall provide the necessary conditions such as experimental sites and equipment, provide the necessary financial support and allow them to select assistants from both home and abroad. Overseas-educated personnel who engage in scientific research activities may apply for scientific and technological support from the Municipal Science and Technology Commission.
Article 14 Overseas-educated personnel holding professional or technical posts and engaging in scientific research, education, public health and other institutions or enterprises in Beijing Municipality shall not be subject to the quotas set by such institutions or professional titles. For those who have not obtained professional or technical titles abroad, their titles shall be directly determined by the Municipal Human Resources and Social Security Bureau according to their overseas experience and academic level.
Article 15 The lawful rights and interests of overseas-educated personnel such as their intellectual achievements, lawful income and other interests shall be protected in accordance with the provisions of relevant laws and regulations.
Article 16 For overseas-educated personnel employed by enterprises and public institutions in Beijing, their remuneration shall be determined through negotiation between the employers and the employees according to a upper level. Enterprise employers may set its own salary standards according to the actual situation, while public institution employers may determine the salary standards based on the case of similar positions according to a upper level and awards may be given to those who have made outstanding contributions upon approval.
Article 17 Overseas-educated personnel holding foreign passports (including spouses and children under the age of 18) may apply to the public security authority for a residence permit for foreigners which is valid for two years or a one year multiple entry and exit visa (not exceeding the validity period of the passport) on the strength of the (overseas-educated personnel) Residence Permit for Working in Beijing and other relevant certificates. Overseas-educated personnel who make a short-term visit to Beijing and cannot leave the country on time can apply for a visa extension. In case of failing to obtain valid entry visa due to an emergency or other reasons, overseas-educated personnel may apply for port visa in accordance with relevant regulations.
Article 18 For overseas-educated personnel who hold Chinese passports and start enterprises or work in Beijing, if they have obtained the (overseas-educated personnel) Residence Permit for Working in Beijing and hold a master's degree or above or a senior professional title before going abroad, they can handle the formalities for relocation to Beijing upon the application of their employers to the Municipal Human Resources and Social Security Bureau, and their spouses and children under the age of 18 may migrate with them according to relevant regulations.
Article 19 Relevant procedures shall be simplified for overseas-educated personnel who start enterprises or employment in Beijing need to go abroad (offshore) to work, study, inspect or participate in relevant academic activities.
Article 20 For overseas-educated personnel who start enterprises or employment in Beijing, arrangements shall be made by the district or county administrative department of education where they live for their children to receive compulsory education and go through the formalities for school admission and transfer. No fees beyond government regulations shall be charged. For those who participate in the unified national examination for postgraduate students, the higher learning institutions in Beijing Municipality may give them priority admission under the same conditions.
Article 21 Qualified hospitals are encouraged to cooperate with domestic and foreign insurance companies in commercial medical insurance so as to help overseas-educated personnel seek medical treatment in Beijing.
Article 22 Overseas-educated personnel may enroll in the social insurance in accordance with the provisions of Beijing Municipality. The length of service of overseas-educated personnel before going abroad, during their stay abroad and after returning home shall be calculated continuously according to relevant national regulations if applicable and approved, and shall be calculated with the number of years of social insurance payment.
Article 23 Overseas-educated personnel who start enterprises or employment in Beijing may apply for a short-term housing provided by BOTC at a preferential price, or housing provided by their employers through contract.
Article 24 Overseas-educated personnel who have stayed abroad for no more than two years from their date of graduation may apply to Customs for the purchase of a tax-free domestic car within one year of the date of first entry after graduation.
Article 25 Overseas-educated personnel who have made outstanding contributions to Beijing Municipality and meet the criteria for candidacy may apply for such awards as the Capital Outstanding Talent Award and Beijing Entrepreneurship Award for Overseas-Educated Personnel. The winners may be recommended for the Science and Technology Progress Award and other awards according to the regulations on a preferential basis.
Article 26 BOTC shall establish an information database for overseas-educated personnel and an information database for students studying abroad from key middle schools so as to realize resource sharing and provide support for talent selection.
Article 27 In accordance with the development needs of its undertakings, employers shall continuously improve the structure of their talent team, actively introduce overseas-educated personnel and sign employment (labor) contracts with introduced overseas-educated personnel in accordance with national laws and regulations in order to clarify the rights and obligations of both parties and provide working conditions and platforms. Employers shall also care for the mental and physical health of overseas-educated personnel, and actively solve specific problems in their work and life through coordination.
Article 28 The Measures shall be implemented as of their date of promulgation, and the relevant issues involved in the implementation process shall be coordinated and resolved by the Municipal Office of the Talent Work Leading Group. The previously promulgated Notice of the People's Government of Beijing Municipality on Printing and Distributing Several Provisions of Beijing Municipality on Encouraging Entrepreneurship or Employment in Beijing for Overseas-Educated Personnel (Jing Zheng Fa [2000] No. 19) shall be annulled at the same time.