Attention: all Departments and Units Concerned

       With the approval of Shanghai Municipal People’s Government, we hereby issue the Implementation Rules for Returned Overseas Students to Apply for Permanent Household Registration in Shanghai for your compliance and implementation.

Shanghai Municipal Human Resources and Social Security Bureau

November 13, 2020

Implementation Rules for Returned Overseas Students to Apply for Permanent

Household Registration in Shanghai

Article 1 Purposes and Basis

With a view to carrying out the strategy of reinvigorating this Municipality through talents, strengthening the introduction of overseas talents, and regulating the work of application of returned overseas students for permanent household registration in Shanghai, these Implementation Rules are formulated in accordance with the essence of the Notice of the Ministry of Public Security and the Ministry of Human Resources and Social Security on the Policy of Regulating the Household Registration for Returned Overseas Students (MPB [2010] No. 19), the Notice of Shanghai Municipal People’s Government on Issuing the Revised Provisions on Encouraging Returned Overseas Students to Work and Start Businesses in Shanghai (SMPG G [2016] No. 8), the Opinions of the CPC Shanghai Municipal Committee and Shanghai Municipal People’s Government on Implementing the Strategy of Talent-Oriented Development in the New Era (CPCSMC G [2020] No. 22) and other documents.

Article 2 Basic Requirements for Applicant Units

Applicant Units shall be the Party and government bodies, public institutions, social groups, non-governmental non-profit units, and partnership enterprises (accounting firms and law firms), which are registered in the administrative area of this Municipality and have the autonomy in employing people, as well as the enterprises registered in this Municipality that comply with the industrial development direction of this Municipality, have registered the capital exceeding 1 million yuan RMB, enjoy sound reputation, operate normally and pay taxes according to law and participate in the social insurance program by the regulations. (As for a branch office having no legal status of a non-governmental non-profit unit, the registered capital of the parent legal entity shall not be less than 1 million yuan RMB).

Article 3 Basic Requirements for Returned Overseas Students

1. A returned overseas student shall satisfy one of the following requirements regarding his/her diploma and degree:

(1) He/she has studied in a university of a foreign (overseas) university and has obtained a doctoral degree with the cumulative time of studying abroad generally not less than a year. If he/she is a graduate of a Chinese-foreign cooperatively-run program or joint program, the cumulative time of studying abroad is generally not less than half a year.

(2) He/she has obtained a full-time undergraduate diploma, a bachelor’s degree or a higher diploma or degree from a Chinese “Double First-Class” university, (Application for an institution directly under the Central People’s Government or an affiliate of the Chinese Academy of Sciences offering graduate programs shall be implemented with reference to the construction of “Double First-Class” Universities.) and obtained a master’s degree in a foreign (overseas) university; or obtained a full-time undergraduate diploma, a bachelor’s degree or a higher diploma or degree from a Chinese Non-Double First-Class university and also a master’s degree from a high-level foreign (overseas) university; or obtained both a bachelor’s degree and a master’s degree from a foreign (overseas) university.

(3) He/she has obtained a bachelor’s degree from a high-level foreign (overseas) university.

(4) He/she, after obtaining a domestic master’s degree or a higher degree or the qualification for an associate senior professional title or a higher title, went to a foreign (overseas) university or scientific research institution for advanced study or worked as a visiting scholar in a total of not less than one year.

(5) He/she failed to meet the requirements set out in Item (2) and (3), but obtained a bachelor’s degree or a master’s degree from a foreign (overseas) university.

A foreign (overseas) bachelor’s degree mentioned in Items 2 and 3 of this Paragraph shall not include a degree obtained from a Top-up bachelor’s program, a Higher National Diploma (HND) program, domestic unplanned enrollment of Chinese-foreign cooperatively-run program or credits transfer and some other forms, and the cumulative foreign (overseas) study time shall generally not be less than 2 years; the total time of studying abroad (overseas) for a master’s degree generally shall not be less than half a year (not including domestic unplanned enrollment of Chinese-foreign cooperatively-run program or credits transfer and some other forms); as for a graduate from a Chinese-foreign cooperatively-run program or a joint program, he/she shall have both a domestic degree and a foreign (overseas) degree.

If a foreign (overseas) bachelor’s degree mentioned in Item 5 of this Paragraph is the highest degree, it does not include a degree obtained from a Top-up bachelor’s program, a Higher National Diploma (HND), domestic unplanned enrollment of Chinese-foreign cooperatively-run program and credits transfer or some other forms, and the cumulative foreign (overseas) study time during the undergraduate period generally shall not be less than 2 years; if a foreign (overseas) master’s degree is the highest degree, the foreign (overseas) bachelor’s degree may not be subject to the aforementioned restrictions, but the cumulative time of studying abroad (overseas) for a master’s degree generally shall not be less than half a year (not including domestic unplanned enrollment of Chinese-foreign cooperatively-run program and credits transfer or some other forms).

For those who, after being admitted by a foreign (overseas) university, studied in a domestic campus or branch school, his/her cumulative foreign (overseas) study time and credits obtained generally shall not be less than 50% of the total study time and credits respectively. For those who, after being admitted by a foreign (overseas) university, earned some credits through non-degree program in China during the summer vacation, his/her credits earned abroad (overseas) generally shall not be less than 80% of the total credits.

The Chinese Double First-class universities shall be subject to the list published by the State. High-level foreign (overseas) universities shall refer to the lists of the world’s top 500 Universities published by the Times Higher Education, U.S. News & World Report, the Quacquarelli Symonds World University Rankings and Shanghai Ranking’s Academic Ranking of World Universities, and shall be subject to the publication issued after confirmation of the Shanghai Municipal Human Resources and Social Security Bureau.

The institution in which the student studies abroad (overseas) and obtains the degree shall be subject to the name of the degree-granting institution specified in the accreditation certificate of foreign academic diploma and degree issued by the Ministry of Education.

2. A returned overseas student shall also meet the following requirements for the application for permanent household registration in Shanghai:

(1) The returned overseas student should come to this Municipality to work within two years after he/she returned to China, sign a labor or employment contract according to law with an employer registered in this Municipality, and pay social insurance premium and individual income tax in this Municipality according to regulations. (Not including those who conform to the conditions below prescribed by Paragraph 1 of Article 4).

(2) For persons who meet the conditions mentioned in the first 4 items of Paragraph 1 of this Article, his/her base amount of the social insurance contribution in the same employer paid for the recent six consecutive months shall not be lower than the average salary for urban employees of this Municipality in the previous year, and his/her individual income tax paid shall be in reasonable accordance with the base amount of the social insurance contribution. For persons who meet the conditions mentioned in Item 5, Paragraph 1 of this Article, his/her base amount of the social insurance contribution in the same employer paid for the recent 12 consecutive months shall not be lower than 1.5 times of the average salary for urban employees of this Municipality in the previous year, and his/her individual income tax paid shall be in reasonable accordance with the base amount of the social insurance contribution. The annual base amount of the social insurance contribution within the transition period shall be subject to the released official public figures.

The base amount of the social insurance contribution and the payment period thereof and the individual income tax paid in principle shall be automatically checked by the system. Where overdue payment is made for social insurance premium, or the paying entity is not in conformity with the contract-signing employer, or non-actual employer and other third parties are entrusted to make payment, or the base amount of the social insurance contribution is not in reasonable accordance with the paid individual income tax, the case shall not be recognized.

(3) The returned overseas student shall be a talent badly and urgently needed by an employer and be of leading importance to its work for a long-term basis, who signed a labor or employment contract valid for 2 years or more with the employer according to law, and the validity of the contract shall be 3 months or more from the date of online acceptance. (If the contract stipulated a probation period, the application shall be made after the probation.) Dispatched persons generally are not within the scope of application.

(4) At least 5 years away from the legal retirement age.

(5) In line with the current national and municipal family planning policies.

(6) No criminal record or other matters that may be inappropriate for applying for permanent household registration in Shanghai.

Article 4 Incentive Conditions

1. A returned overseas student who worked as associate professor, associate researcher or above in a foreign (overseas) high-level university or internationally renowned scientific research institution, held senior managerial, technical or scientific research positions in a Fortune 500 company or a multinational company, or has been recognized as high-level talent by Shanghai Municipal Human Resources and Social Security Bureau or obtained a doctor’s degree in a foreign (overseas) high-level university, can directly apply for permanent household registration after working full time in this Municipality.

2. A returned overseas student with a bachelor’s degree or a higher academic degree in the urgently needed professions such as science, technology, engineering and mathematics that is introduced by the employers on the Shanghai Science and Technology Innovation Career List, as well as the employers in key industries, key areas and basic research areas of this Municipality, can apply for a permanent household registration after coming to work as a full-time employee in this Municipality and paying social insurance premium for 6 full months.

3. The person in charge of establishing enterprises of returned overseas students in this Municipality that has patents, scientific research achievements and proprietary technology, as well as the core team members (generally no more than 3 persons in total), who keep the enterprise in normal operation and enroll at least one employee (not including the leader himself/herself) may apply for a permanent household registration after paying social insurance premiums for 6 months as prescribed. The registered capital in such enterprise shall not be less than 500,000 yuan RMB (actually paid), and the person in charge thereof shall generally hold no less than 30% of the shares and shall be the biggest shareholder (excluding share transfer and later capital injection).

Article 5 Application Submission

The application for the permanent household registration in Shanghai for a returned overseas student shall be submitted by his/her employer.

Article 6 Application Materials

1. The employer shall submit the following basic materials:

(1) The business license for the legal entity or the registration certificate for the legal entity. If the applicant unit is a non-legal branch, its business license or registration certificate and an authorization letter from its parent legal entity shall be submitted.

(2) The valid ID card of the person from the employer handling the application.

(3) The application Form of Returned Overseas Students for Permanent Household Registration in Shanghai.

(4) A labor or employment contract signed between the applicant unit and the returned overseas student.

(5) The verification form for personnel archives and relevant duplicates. If the personnel archives are not kept by the employer, the verification form and relevant duplicates thereof shall be provided by the relevant archival institution in Shanghai.

The materials listed in the first Item only need to be provided at the first application (registration) by the employer.

2. Additional materials shall be submitted if the employer has any of the following circumstances:

As for the returned overseas students and core team members who come to this Municipality to establish an enterprise for returned overseas students, the employer shall submit:

(1) a capital contribution verification report of the enterprise;

(2) the certificates of value-added tax, business tax, or enterprise income tax paid by the enterprise during the last six consecutive months;

(3) the certificates of social insurance premiums paid by the enterprise during the last six consecutive months for at least one employee; and

(4) incorporate by-laws and relevant resolutions.

The materials listed in the fourth Item only need to be provided when the team core members make an application.

3. Basic materials to be submitted by individuals:

(1) The accreditation certificate of foreign academic diploma and degree issued by the Ministry of Education, the foreign (overseas) diploma and degree certificate and transcripts. For a trainee of advanced studies, he/she shall provide the overseas training material and a domestic master’s degree or a higher diploma and degree certificate or the certificate for an associate senior title or a higher title.

(2) The highest academic degree and diploma certificate obtained in China before studying overseas. For the person employed before going abroad, he/she shall submit the consent of transfer by the original employer or the post-leaving proof.

(3) The passport, visas and all entry and exit records.

(4) The household register booklet, and ID card. If household registration has been cancelled during the period of overseas study, the cancellation of household registration valid within 90 days shall be submitted.

(5) Those who meet the incentive conditions of Article 4 shall additionally submit the relevant materials.

4. Individuals with the following circumstances shall additionally submit the following materials:

(1) Those who settle into public households of communities shall provide the address information of settlement in Shanghai. Those who settle down in their own house in Shanghai shall provide a valid property ownership certificate of the house; those who settle down in the house of their direct family members in Shanghai, the property ownership certificate of the said house and the opinion letter co-signed by the property owners shall be provided. Those who settle down in the collective household of the unit shall provide the address-page of the collective  household booklet of the collective household management unit and the letter of settlement approval.

(2) If married, a marriage certificate shall be provided; in the case of divorce, a divorce certificate, a divorce agreement or a mediation statement or a judgment of the court shall be provided.

(3) If they have children, they shall provide their birth certificates and personal commitment that conforms to the current national and municipal family planning policies.

Where the materials requested by these Implementation Rules can be obtained through data sharing or online verification, or retrieved from the electronic certificate library, no such materials shall be submitted repetitively.

Article 7 Application Procedures

1. The applicant unit shall submit the application and upload all digital copies of the original application materials requested to the human resources and social security department of this Municipality through the Integrated Online Platform system.

2. After receiving the materials through the Integrated Online Platform system, the human resources and social security department handling the application shall inform the applicant unit of the materials that need to be supplemented or re-uploaded if the materials submitted are incomplete or inconsistent with the requirements; where the application materials are complete and in consistency with the requirements, the personnel archives submitted shall go through verification process. Where the verification is done, the applicant unit shall submit the written materials to the department handling the application for on-the-spot check. The department handling the application shall verify the original materials and keep the original materials or the duplicates in line with the actual situation, and complete the preliminary check within 5 working days after the on-the-spot acceptance of the materials.

3. Shanghai Municipal Human Resources and Social Security Bureau shall, according to the provisions, examine the materials which have passed the preliminary check and complete it within 10 working days.

4. Once the application is approved, the municipal human resources and social security department shall send the personnel information to the public security department through data sharing, and inform the applicant unit of the result through the Integrated Online Platform system and SMS as well. Once the application is refused or the application is returned during the examination, the human resources and social security department of this Municipality shall inform the applicant unit of the results and the reasons thereof by the above-mentioned ways.

5. Those who have passed the examination shall go through the formalities of household registration transfer in accordance with the relevant provisions of the public security department.

Article 8 Conditions for Transfer of Household Registration for Family Members

Where a returned overseas student satisfies the requirements for household registration in Shanghai, his/her spouse (got married with the returned overseas student prior to coming to China after completing overseas studies and is at least 5 years away from the statutory retirement age) and children at or under the age of 16, or above 16 who study in regular senior high schools are within the scope of relocation.

Where the spouse of an applicant needs a trailing transfer, the application for such transfer shall be simultaneously submitted; where the spouse has not yet returned to China for the time being, he/she should provide the valid ID card and reapply for household registration after returning to China.

In case of trailing relocation for the child of the applicant, if a trailing child was born in China, the application shall be simultaneously submitted after the birth registration and settlement in the parent’s native place of residence; if the child was born abroad, the application shall be submitted simultaneously with the applicant; those who have not returned to China for the time being should provide the valid ID cards and reapply for household registration after returning to China.

Article 9 Requested Materials for Trailing Family Members

1. Household registration booklet, ID card, residence address in Shanghai, birth certificate of children, Chinese passport or travel permit and visa, entry and exit records of spouse and children; where the children over 16 years of age who are studying in ordinary high schools need to move with the applicants, they shall provide the information of their school status.

2. Copies of the verification form of the spouse’s personnel archives and relevant duplicates provided by the relevant archival institution in Shanghai. The spouse employed in other province or city before coming to this Municipality shall provide the consent of transfer by the original employer or the post-leaving proof.

3. Those who give up the trailing relocation, a valid ID card and a written commitment to give up such relocation shall be provided.

Article 10 Legal Liability

Applicant units and returned overseas students shall abide by relevant laws, rules and regulations, be responsible for the authenticity of the materials they submit, and falsification or forgery therein is strictly prohibited. In case of falsification, forgery, or abnormal staff outflow after applying for household registration, his/her application qualification will be suspended or cancelled according to the seriousness of the case, and relevant information will be included in the application system. If he/she is found not suitable to apply for settling down in this Municipality for violating relevant regulations or obtaining permanent residence through fraudulent materials, the decision of approval shall be revoked and the permanent residence in this Municipality shall be cancelled; if the case constitutes a crime, the offender shall be investigated for criminal liability according to law.

Article 11 Other Provisions

These Implementation Rules shall be effective as of December 1, 2020, and valid until November 30, 2025. Shanghai Municipal Human Resources and Social Security Bureau, jointly with other relevant departments, shall be responsible for the interpretation of other matters not covered in these Implementation Rules. The original Implementation Rules for Returned Overseas Students to Apply for Permanent Household Registration in Shanghai (SMHRSS G [2015] No. 49) shall be repealed at the same time.