Measures for the Administration of Examination and Approval of Foreigners' Permanent Residence in China

[日期:2018-05-02]阅读:13

(Approved by the State Council on December 13,  2003, and promulgated by Order No.74 of the Ministry of Public Security and the  Ministry of Foreign Affairs on August 15, 2004)

 

Article 1 In order to  standardize the examination and approval of foreigners' permanent residence in  China, these Measures are formulated in accordance with the relevant provisions  of the Law of the People's Republic of China on Control of Entry and Exit of  Foreigners and the Detailed Rules for its implementation.


Article 2 Foreigners'  permanent residence in China refers to that the period of foreigners' residence  in China is not limited.


Article 3 The Foreigner's  Permanent Residence Card is a valid ID certificate for a foreigner who has  obtained permanent residence status in China and may be used  independently.


Article 4   A foreigner with  permanent residence status in China may enter and leave China with his valid  passport and Foreigner's Permanent Residence Card.


Article 5   The authorities to  accept the applications of foreigners for permanent residence in China are the  public security organs of the people's governments of cities with subordinate  districts and the public security branch bureaus and county-level bureaus of  municipalities directly under the Central Government. The authorities to examine  foreigners' applications for permanent residence in China are the departments  and bureaus of public security of provinces, autonomous regions and  municipalities directly under the Central Government. The authority to examine  and approve foreigners' applications for permanent residence in China is the  Ministry of Public Security.


Article 6   Foreigners  applying for permanent residence in China must abide by Chinese laws, be in good  health and without any criminal record, and must meet at least one of the  following requirements:

(1) having made direct investment in China with  stable operation and a good tax paying record for three successive years;

(2) having been holding the post of deputy  general manager, deputy factory director or above or of associate professor,  associate research fellow and other associate senior titles of professional post  or above or enjoying an equal treatment, for at least four successive years,  with a minimum period of residence in China for three cumulative years within  four years and with a good tax paying record;

(3) having made a great and outstanding  contribution to and being specially needed by China;

(4) being the spouse or unmarried child under  18 years old of a person with reference to the item(1), (2) or (3) of this  paragraph;

(5) being the spouse of a Chinese citizen or of  a foreigner with permanent

residence status in China, in a marriage  relationship for at least five years,

with at least five successive years of  residence in China and at least nine

months of residence in China each year, and  having stable source of subsistence and a dwelling place;

(6) being an unmarried person under 18 years  old turning to his parent; or

(7) being a person who is or above 60 years  old, who has no direct relative

abroad and is to turn to any directive relative  in China, and has stayed in China for at least five successive years with at  least nine- month residence in China each year, and has stable source of  subsistence and a dwelling place.

The periods of time in this Article mean the  successive ones till the date

of application.


Article 7   In the case of a  foreigner under item (1) of the first paragraph of Article 6 herein, the  registered capital paid by him as investment in China shall meet any of the  following requirements:

(1) in the case of investment in any industry  encouraged under the Catalogue for Guidance of Foreign Investment Industries, at  least US$500,000 in total;

(2) in the case of investment in the western  area of China or any key county under poverty reduction and development program,  at least US$500,000 in total;

(3) in the case of investment in the central  area of China, at least US$1

million in total; or

(4) in the case of investment in China, at  least US$2 million in total.


Article 8   In the case of a  foreigner under item (2) of the first paragraph of Article 6 herein, the entity  in which he holds a post must be any of the following:

(1) an institution subordinate to any  department of the State Council or to the people's government at the provincial  level;

(2) a key college or university;

(3) an enterprise or government-sponsored  institution implementing a key

engineering project or major scientific  research project of the state; or

(4) a high-tech enterprise, foreign invested  enterprise in encouraged fields,

technologically advanced enterprise with  foreign investment or export-oriented enterprise with foreign investment.


Article 9   The applicant  shall faithfully fill in the Form of Application for Foreigner's Permanent  Residence in China and submit the following materials:

(1) a copy of his valid passport or other  certificate that may be used instead of the passport;

(2) a health certificate issued by a health  quarantine agency designated by the Chinese government or by a foreign health  quarantine agency recognized by the relevant Chinese embassy or  consulate;

(3) a certificate of no criminal record in the  country concerned as issued by the relevant Chinese embassy or consulate;

(4) four recent full-face color photos (2 by 2  inches, bareheaded) of the

applicant; and

(5) other relevant materials provided  herein.


Article 10   An applicant  under Item (1) of the first paragraph of Article 6 herein shall submit a  certificate of approval for the foreign-invested enterprise, certificate of  registration and a joint annual inspection certificate, report on the  verification capital and personal tax payment receipt in addition.

In the case of a foreign-invested enterprise in  encouraged fields, a letter

of confirmation in respect of the  foreign-invested project as encouraged by the state shall be submitted in  addition.


Article 11   An applicant  under Item (2) of the first paragraph of Article 6 herein shall submit the  following materials in addition:

(1) a certificate certifying his position or  professional title as issued by his employer;

(2) the Foreign Expert Card or Foreigner  Employment Card;

(3) a certificate of registration and  certificate of annual inspection of his

employer, certificate of personal tax payment  issued to him; where the

employer is a foreign-invested enterprise, a  certificate of approval for the

foreign-invested enterprise and a joint annual  inspection certificate is required in addition; and

(4) in the case of an applicant who holds a  post in an enterprise or

institution that carries out a key engineering  project or major scientific

research project of the state, a certificate  certifying the project as issued by

the competent authority of the government at  the provincial or ministry level; in the case of an applicant who holds a post  in a high-tech enterprise, a high-tech enterprise certificate; in the case of a  foreign-invested enterprise in encouraged fields, technologically advanced  enterprise with foreign investment or export-oriented enterprise with foreign  investment, a certificate certifying the foreign-invested enterprise in  encouraged fields, advanced-tech enterprise with foreign investment or  export-oriented enterprise with foreign investment.


Article 12   An applicant  under Item (3) of the first paragraph of Article 6 herein shall submit a letter  of recommendation and the relevant certificates as issued by the competent  authority of the Chinese government in addition.


Article 13   An applicant  under Item (4) of the first paragraph of Article 6 herein shall, in addition,  submit a marriage certificate in the case of a spouse, his birth certificate or  parentage certificate in the case of an unmarried child under 18 years old, and  a adoption certificate in the case of an adopted child. The above-mentioned  certificates as issued by a foreign agency shall be subject to the  authentication of the Chinese embassy or consulate in the country  concerned.


Article 14   An applicant  under Item (5) of the first paragraph of Article 6 herein shall, in addition,  submit his (her) Chinese spouse's registered permanent residence certificate or  foreign spouse's Foreigner's Permanent Residence Card, marriage certificate, and  a notarized certificate of source of subsistence and house leasing certificate  or muniments of title. The above-mentioned certificates as issued by a foreign  agency shall be subject to the authentication of the Chinese embassy or  consulate in the country concerned.


Article 15   An applicant  under Item (6) of the first paragraph of Article 6 herein shall, in addition,  submit his Chinese parent's registered permanent residence certificate or  foreign parent's Foreigner's Permanent Resident Card, his birth certificate or  parentage certificate and, in the case of an adopted child, the adoption  certificate in addition. The above-mentioned certificates as issued by a foreign  agency shall be subject to the authentication of the Chinese embassy or  consulate in the country concerned.


Article 16   An applicant  under Item (7) of the first paragraph of Article 6 herein shall, in addition,  submit the registered permanent residence certificate of the Chinese citizen, or  the Foreigner's Permanent Residence Card of the foreigner, to whom he is to  turn, a notarized certificate of kindred and a certificate certifying that the  applicant has no direct relative abroad, a notarized certificate certifying the  applicant's financial source or notarized certificate of financial guarantee by  the person to whom the applicant is to turn, and notarized house leasing  certificate or muniments of title of the applicant or the person to whom the  applicant is to turn. The above-mentioned certificates as issued by a foreign  agency shall be subject to the authentication of the Chinese embassy or  consulate in the country concerned.


Article 17   An application  for foreigner's permanent residence in China shall be submitted by the applicant  himself or his parent if he is unmarried and under 18 years old or his attorney  to the public security organ of the people's government of the city with  subordinate districts, or the branch or county bureau of public security of the  municipality directly under the Central Government, in the place where the  principal investment was made or of long-term residence.

In the case of applying through an attorney, a  power of attorney issued by

the applicant shall be submitted. A power of  attorney issued by the applicant abroad shall be subject to the authentication  of the Chinese embassy or consulate in the country concerned.


Article 18   The public  security organ shall make an approval or disapproval decision within six months  from the date of the acceptance of the application .


Article 19   The Ministry of  Public Security shall issue a Foreigner's Permanent Residence Card to the  applicant whose permanent residence status in China has been approved. If the  applicant is not in China, the Ministry of Public Security shall issue a  Confirmation Form of Foreigner's Permanent Residence Status to the applicant,  who shall apply for a D visa to the Chinese embassy or consulate in the  country concerned by producing such Conformation Form and, within 30 days from  his entry into China, get the Foreigner's Permanent Residence Card from the  public security organ that accepted his application.


Article 20   A foreigner who  has been approved to permanently reside in China must stay in China for at least  three cumulative months a year. If the foreigner is unable to stay in China for  such minimum period due to any reason, he shall apply for the approval of the  department or bureau of public security of the province, autonomous region or  municipality directly under the Central Government where he reside in, provided  that the cumulative period of his residence in China shall not be less than one  cumulative year in five years.


Article 21   A Foreigner's  Permanent Residence Card shall be valid for five or ten years.

In the case of a foreigner under 18 years old  approved to permanently reside in China shall have a Foreigner's Permanent  Residence Card valid for five years; those being or above 18 years old shall  have one valid for ten years.


Article 22   In the case of  expiry of, any change of particulars in, damage to or loss of a Foreigner's  Permanent Residence Card, the holder shall apply for renewal or reissue of the  Card to the public security organ of the people's government of the city with  subordinate districts, or the branch or county bureau of public security of the  municipality directly under the Central Government in the place of his long-term  residence. The public security organ shall make such renewal or reissue within  one month if, upon examination, it holds that the holder still meets the  requirements for a foreigner to be approved to permanently reside in  China.


Article 23   The holder of a  Foreigner's Permanent Residence Card shall apply for a renewal of the Card  within a month before the expiry of the old one, for a renewal within a month  after any change of particulars in the Card, or for a renewal or reissue  promptly in the case of any damage to or loss of the Card.


Article 24   The Ministry of  Public Security may cancel such status of him and withdraw or revoke his  Foreigner's Permanent Residence Card in the case of a foreigner with permanent  residence status in China under any of the following circumstances:

(1) being likely to threaten the national  security and interests;

(2) being expelled from China by the people's  court;

(3) having obtained the permanent residence  status in China by submitting false materials or by other illegal means;  and

(4) having stayed in China without approval for  a period less than three cumulative months a year or less than a cumulative year  in five years.


Article 25   Foreigners who  have been approved to permanently reside in China before the implementation of  these Measures shall, within six months from the implementation, renew his  Foreigner's Permanent Residence Card with the public security organ of the  people's government of the city with subordinate districts or the branch and  county bureau of public security of the municipality directly under the Central  Government that issued the original Card or in the place of his long-term  residence.


Article 26   The items and  rates of charge in respect of a foreigner's application for permanent residence  status in China and the issue, renewal and reissue of a Foreigner's Permanent  Residence Card shall conform to the relevant provisions of the departments of  price control and finance of the State Council.


Article 27   In these  Measures:

(1) direct relative shall include parents  (spouse's parents), grandparents, child being at least 18 years old and his  (her) spouse, and grandchild being at least 18 years old and his (her) spouse;  and

(2) both above and within shall include the  given figure.


Article 28   The power to  interpret these Measures shall be vested in the Ministry of Public Security and  the Ministry of Foreign Affairs.


Article 29   These Measures  shall go into effect as of the date of promulgation.