SMPG D [2021] No. 1

 

Attention: All District People's Governments, Commissions, Offices and Bureaus of the Municipal People’s Government:

Now we issue to you the Several Provisions on Encouraging the Overseas Students to Work and Start Businesses in Shanghai and you are required to implement them conscientiously.

                           Shanghai Municipal People's Government

January 18, 2021

                

Several Provisions on Encouraging the Overseas Students to Work and Start Businesses in Shanghai

 

Chapter I  General Provisions

 

Article 1

These Provisions are formulated for further implementing the requirements of the Municipal Party Committee and the Municipal People’s Government on the implementation of talent leading development strategies in Shanghai in the new era, strengthening the function of global talent resource allocation, implementing more active, more open and effective policies for the introduction of overseas talents, and creating a comprehensive ecological system for innovation and entrepreneurship and talent development environment with more international competitiveness.

Article 2

These Provisions apply to the overseas students who come to Shanghai to work and start businesses, including those with foreign nationality and those from Hong Kong, Macao and Taiwan.

The overseas students referred to in the preceding Paragraph shall meet one of the following requirements:

1. persons who have been sent or at their own expense to study abroad and have obtained bachelor's degrees or above from abroad;

2. visiting scholars or those pursuing further study who have obtained bachelor degrees or above or intermediate and above professional and technical post qualification in China, and have been studying in institutions of higher learning and research institutions abroad for one year or more and have made certain achievements.

Article 3

This Municipality focuses on introducing the high-level overseas students who are urgently needed in the strategic emerging industries and key projects.

In addition to meeting the requirements for the overseas students, the high-level overseas students mentioned in these Provisions shall also meet one of the following requirements:

1. famous scientists who enjoy a certain reputation in the international academic and technological circles, and who are pioneers and founders of a certain field, or who have made significant contributions to the development of a certain field;

2. experts and scholars who have profound academic attainments, have made significant contributions to the development of a certain profession or field, have published influential academic papers in international famous academic journals, or have won academic awards with international influence, and whose achievements are at the forefront of the industries or fields, and who are generally recognized in their own industries or fields;

3. experts and scholars who hold positions equivalent to associate professor, associate researcher or above in famous universities and scientific research institutes abroad;

4. experts and scholars who hold middle and senior management positions in foreign government agencies, intergovernmental organizations and well-known non-governmental organizations;

5. management experts who hold senior management positions in world-famous enterprises, or management and technical personnel who hold senior technical positions in famous multinational companies and financial institutions, or hold senior technical positions in well-known law (accounting and consulting) firms, who are familiar with business and international rules in relevant fields, and have rich practical experience;

6. experts, scholars and technicians who have been in charge of large-scale international scientific research or engineering projects and have rich experience in scientific research and engineering technology;

7. professionals with proprietary intellectual property rights or know-how such as major technological inventions and patents, etc.; or

8. other special talents with special expertise and urgently needed in this Municipality.

The Municipal Human Resources and Social Security Bureau is responsible for the identification of the high-level overseas students, and all relevant departments shall do a good job in relevant services according to their respective duties and functions.

Article 4

The Municipal Human Resources and Social Security Bureau is the competent department for the work of the overseas students in this Municipality. It is responsible for formulating and organizing the implementation of the policies and plans for the introduction of the overseas students in this Municipality, setting up an innovation and entrepreneurship exchange platform for the overseas students in Shanghai, enhancing the attraction and cohesion of this Municipality for the overseas students, comprehensively analyzing the information of the introduction of the overseas students, and evaluating the benefits of relevant work.

The Municipal Science and Technology Commission, the Municipal Education Commission, the Municipal Public Security Bureau, the Municipal Market Regulation Bureau, the Municipal Commission of Commerce, the Municipal Finance Bureau, the Municipal Taxation Bureau, the Municipal Commission of Economy and Informatization, the Municipal Health Commission, the Municipal Transportation Commission, the Municipal Housing and Urban-rural Construction Administrative Commission, Shanghai Customs, the Shanghai Headquarter of the People's Bank of China, and the Shanghai Branch of the State Administration of Foreign Exchange shall, in accordance with their respective duties and functions, do a good job in encouraging the overseas students to come to work and start businesses in Shanghai.

Article 5

The relevant government departments, overseas students' business parks, overseas students' social organizations, and overseas students' employing units shall strengthen the ideological and political education of the overseas students, and help them consciously abide by laws, rules, regulations and social ethics. At the same time, they shall show concern for the work and life of the overseas students and provide convenience for them to work and start businesses in Shanghai.

Article 6

A system of joint conference of Shanghai Municipality for the work of the overseas students (hereinafter referred to as "joint conference") shall be established. The joint conference shall be composed of relevant municipal departments and units, mainly to study and solve major problems in the work of the overseas students. The Municipal Human Resources and Social Security Bureau is responsible for the daily work of the joint conference.

All the district human resources and social security bureaus shall set up service windows for the overseas students to do a good job in policy consultation, business acceptance and service guarantee for the overseas students coming to work and start businesses in Shanghai.

 

   Chapter II  Ways for the Overseas Students to Serve this Municipality

 

Article 7  

The overseas students are encouraged, in accordance with laws, rules, regulations and relevant provisions of the State and this Municipality, to make use of their own specialties and advantages to serve the economic and social development of this Municipality by coming back to give lectures, conducting academic and technological exchanges, setting up enterprises, engaging in investigation and consultation, accepting commission to carry out cooperative research, carrying out intermediary services, and taking part-time jobs.

1. serving as civil servants (except those with foreign nationality) consultants, or consulting and technical experts in State organs;

2. establishing high-tech enterprises in the form of technology equity or investment;

3. acting as the legal representative of state-owned enterprises;

4. holding or concurrently holding professional and technical positions, middle and senior management positions, consultant or honorary positions in schools, scientific research institutes, medical institutions, cultural and art troupes, news media, financial institutions, key (open) laboratories, engineering technology research centers and other enterprises and institutions;

5. investing in education, health care and other industries or setting up architectural design, law, accounting, consulting and other service institutions;

6. carrying out cooperative research or establishing cooperative research and development bases with institutions of higher learning, scientific research institutes and various enterprises by using advanced science and technology, equipment and funds;

7. holding senior management or technical positions in major projects and key projects;

8. coming to this Municipality for giving lectures or carrying out academic, cultural and artistic exchanges;

9. carrying out research and development activities of entrusted scientific research projects abroad, or entrusting relevant research units and organizations of this Municipality to conduct research and development for overseas scientific research projects;

10. cultivating talents for employing units and promoting international talent exchange by relying on overseas scientific research, education and training institutions to cooperate with or accept entrustment from relevant units;

11. registering intermediary agencies in this Municipality to provide intermediary services for the introduction of foreign capital, technology and projects, or setting up science and technology service agencies such as maker space and technology transfer agencies in this Municipality to connect with international innovation resources so as to provide professional services such as business incubation and technology transfer for the incubation and transformation of international innovation achievements;

12. applying for jobs in overseas institutions of the units in this Municipality; or

13. serving this Municipality in other ways.

Article 8

This Municipality continuously promotes the integrated development of the work of the overseas students in the Yangtze River Delta, promotes cross regional cooperation, human resource sharing and orderly flow of the high-level overseas talents. The overseas students are encouraged to provide services for the Yangtze River Delta in various forms.

 

Chapter III  Establishment of Enterprises and Other Economic Entities

 

Article 9

The Municipal Human Resources and Social Security Bureau provides relevant services such as qualification identification for the overseas students to establish enterprises and enjoy preferential policies according to the law in Shanghai, and the relevant departments provide convenience for the overseas students to establish enterprises and enjoy relevant treatment according to the law.

 Article 10

The Municipal Human Resources and Social Security Bureau may first accept the qualification identification of the overseas students to apply for the preferential policies of establishment of enterprises via relatives and friends, and then go through the relevant procedures via the relevant departments, so as to facilitate the overseas students to invest and establish enterprises in Shanghai.

Article 11 

Within the scope of industries permitted and encouraged by the State and this Municipality to invest, the overseas students may make use of technological patents and scientific and technological achievements to come to Shanghai for technology transfer, technology contract, technology equity, etc. They may also set up their own enterprises or joint ventures with the enterprises in this Municipality, and may also invest in Shanghai in the name of individuals or overseas registered companies.

Article 12

This Municipality encourages the establishment of business parks for the overseas students. The qualified overseas students’ business parks may enjoy the preferential policies of incubators in high-tech development zones and economic and technological development zones, and may introduce and establish a number of professional venture capital or startup capital.

Article 13 

The Municipal Human Resources and Social Security Bureau is responsible for the centralized management of the overseas students' business parks, strengthening the guidance and support for the overseas students' business parks together with the district people’s governments and the relevant departments, and conducting regular inspection and evaluation on the overseas students' business parks. The governments at all levels shall actively support the establishment of the overseas students' business parks, and shall be concerned with the construction and development of the overseas students' business parks. The evaluation mechanism of high-tech projects for the overseas students' business parks shall be established to select high-tech enterprises to enter the business parks, so as to make them truly become the bases for high-tech enterprise incubation and innovation and scientific research achievements transformation.

Article 14 

All the overseas students’ business parks shall provide comprehensive services such as registration, tax agency, business, training, high-tech identification, project application, legal consultation, international cooperation, etc. for the overseas students to establish enterprises. The overseas students’ business parks are encouraged to provide various professional services such as R & D, intellectual property, investment and financing, simplify procedures, reduce links, and they are encouraged to provide preferential treatment for the overseas students’ enterprises registered in the parks in terms of field rent, financial support and information services. At the same time, they shall assist the overseas students’ enterprises to apply for various government funded projects of the State and this Municipality according to the procedures, and they are encouraged to give a certain amount of start-up capital support to the overseas students’ enterprises with strong innovation abilities, great development potential and good market prospects.

Article 15 

This Municipality encourages and supports the qualified overseas students' business parks to establish seed funds and guarantee funds for providing venture capital support and financing guarantee for the overseas students, and to create conditions for the enterprises in the parks to attract international venture capital and strive for listing.

Article 16

The overseas students’ enterprises may enjoy the entrepreneurship support policies, such as venture guarantee loan, social insurance subsidy of start-up organizations, rent subsidy for entrepreneurial sites, awards for excellent entrepreneurship projects and science and technology innovation vouchers.

Article 17

All kinds of financial institutions, domestic and foreign venture capital funds and private capital are encouraged to set up venture capital funds for the overseas students in accordance with the relevant provisions of the State and this Municipality. Commercial banks are supported to promote the innovation of financial products and services, develop financial products that are in line with the characteristics of the overseas students' enterprises, and strengthen financial services for the overseas students to return home to start their own businesses. Guarantee institutions and re-guarantee institutions are encouraged to provide loan guarantee and re-guarantee services for the returned overseas students to set up enterprises.

Article 18

This Municipality shall strengthen the protection of intellectual property rights of the overseas students’ enterprises. The overseas students’ enterprises are encouraged to apply for patents, and those that meet the requirements may apply for reduction of the relevant fees. The technical achievements of the overseas students may be priced for equity investment according to the relevant provisions of the State.

Article 19

The overseas students’ enterprises shall be encouraged to apply for the establishment of postdoctoral research stations. The postdoctoral research stations are encouraged to recruit overseas postdoctoral students for scientific research activities, and provide financial support to the excellent overseas postdoctoral students who have entered the station full-time.

Article 20 

Universities and scientific research institutions are encouraged to open their laboratories to the overseas students' enterprises, and the overseas students’ enterprises are encouraged to establish enterprise technology centers or jointly establish engineering technology research centers with universities and scientific research institutes, and enjoy relevant preferential policies.

 

Chapter IV  Related Policy Treatment

 

Article 21

The overseas students working or starting businesses in Shanghai and their spouses, children under the age of 16 or studying in ordinary high schools may apply to the Municipal Human Resources and Social Security Bureau for the permanent residence of this Municipality in accordance with the relevant provisions of this Municipality. The high-level overseas students may also enjoy preferential treatment in accordance with the relevant provisions.

Article 22

The overseas students working or starting businesses in Shanghai, their spouses and children, may apply for the Shanghai Residence Permit in accordance with the relevant provisions of this Municipality. Among them, the overseas students with foreign nationality and other qualified overseas students, their spouses and children, may apply for the Shanghai Overseas Talents Residence Permit (Shanghai Residence Permit B) in accordance with the relevant provisions of this Municipality.

Article 23

All district people’s governments shall be actively concerned about the enrollment and further education of the children of the overseas students. In accordance with the relevant provisions of this Municipality, the administrative departments of education in the place of residence shall, in accordance with the principle of proximity, handle the schooling procedures for the children of the overseas students holding Shanghai Residence Permit B at the stage of pre-school education and compulsory education. If their children have lived abroad for more than 5 years and take part in this Municipality's junior high school to senior high school entrance examination within the domestic language adaptation period (3 years), the admission score line for them may be appropriately reduced according to relevant provisions. If their children are studying in senior high school in this Municipality and have obtained the diploma of senior high school, they may take part in the college entrance examination in this Municipality according to the relevant provisions and apply for studying in the colleges and universities with enrollment plans in this Municipality. Eligible children of the overseas students may enter the schools for children of foreign personnel in this Municipality.

The relevant departments shall actively create conditions to better meet the schooling needs of the overseas students’ children with foreign nationality. In areas where foreign nationals are concentrated, more schools will be set up for children of foreign nationals. For the imported high-level overseas students, convenience will be provided for their children to enter the schools for children of foreign nationals. This Municipality encourages and supports the primary and secondary schools in this Municipality to create better conditions for the children of foreign nationals to study in regular classes.

Article 24

The overseas students with foreign nationality who have Shanghai Residence Permit B may apply for work permission according to the current practice of Lingang New Area of China (Shanghai) Pilot Free Trade Zone, and may apply for residence permission not exceeding the validity periods of residence permits. The units to which the overseas students belong shall assist the overseas students in going through the relevant procedures.

Article 25

During the work periods in Shanghai, the overseas students with Shanghai Residence Permit B may participate in the municipal professional title assessment, vocational (practicing) qualification examination and vocational (practicing) qualification registration according to the provisions. For the qualified high-level overseas students, their overseas professional work experience, academic research achievements, scientific and technological innovation contributions may be used as the basis for applying for senior professional technical titles, and are not subject to the limits of their domestic service time.

Article 26 

The overseas students with foreign nationality who hold Shanghai Residence Permit B may participate in social insurance in accordance with the relevant provisions of the State and this Municipality. Their unemployed spouses and children under 18 years old or those studying in senior high school may participate in the basic medical insurance of urban and rural residents in this Municipality and enjoy corresponding treatment. If the requirements are met, they may continue their social insurance relationship in accordance with the relevant provisions, and enjoy the corresponding treatment such as deferred pension claims.

Article 27

The overseas students with foreign nationality who hold Shanghai Residence Permit B may, on the basis of establishing labor (employment) relationship with the employing units in this Municipality and reaching consensus through consultation, deposit and withdraw the housing fund and apply for housing fund loan in accordance with the relevant provisions of this Municipality. Those who have severed or terminated the employment (employment) relationship with the employers in this Municipality may go through the procedures for sealing and transferring the housing provident fund accounts in accordance with the provisions.

Article 28

The overseas students with foreign nationality who hold Shanghai Residence Permit B may apply for or renew motor vehicle driving licenses, go through motor vehicle registration procedures, and apply to participate in the auction for non-commercial passenger car quota in this Municipality in accordance with the relevant provisions of the State and this Municipality.

Article 29

This Municipality provides residence and entry-exit convenience for the overseas students. The high-level overseas students may apply for work-related residence permit (annotated with "talent") or R-visa (talent visa) according to provisions; the high-level overseas students with foreign nationality or those who meet the market-oriented talent recognition standards may apply for permanent residence in China according to provisions after being recommended by the relevant departments or work units.

Article 30

This Municipality shall raise funds through various channels as financial support and related subsidies for the high-level overseas students to set up businesses, work and give short-term lectures in Shanghai. The procedures for raising, using and managing funds shall be formulated by the Municipal Human Resources and Social Security Bureau in conjunction with the Municipal Finance Bureau, the Municipal Taxation Bureau, the Municipal Science and Technology Commission and the Municipal Economy and Informatization commission. All district people’s governments may set up necessary special funds to support the high-level overseas students to start businesses and work in Shanghai.

Article 31

The relevant departments and units in this Municipality shall be concerned about the employment of the high-level overseas students’ spouses and give priority to their employment under the same requirements.

Article 32

The high-level overseas students identified by the Municipal Human Resources and Social Security Bureau may enjoy the treatment such as going through procedures for permanent residence and Shanghai Residence Permit B via the "green channel", opening individual free trade accounts and customs clearance convenience in accordance with the relevant provisions of the State and this Municipality.

Article 33

The overseas students without foreign nationality may apply for the posts of the municipal civil servants in accordance with the relevant laws and rules. The Municipal Civil Service Bureau may, in accordance with the characteristics of the overseas students, organize the qualified overseas students to take the state civil servant recruitment examination according to the needs of government organs, and employ the qualified overseas students as state civil servants in accordance with the principles of openness, fairness and fairness.

Article 34

The insurance enterprises in this Municipality are encouraged to develop commercial medical insurance products that meet the medical needs of the overseas students, and explore and build a unified release platform for the international commercial medical insurance information of the insurance enterprises in this Municipality for the high-level overseas students. The qualified hospitals are encouraged to further improve the medical environment for the overseas students, strengthen cooperation with domestic and foreign insurance companies and join the direct payment network systems of international medical insurance. This Municipality supports the market entities to establish a third-party international medical insurance settlement platform.

 Article 35

The remuneration of the overseas students in this Municipality may be preferentially determined after consultation between the employing units and the overseas students themselves according to their positions and their contributions. For institutions with high-level talents such as universities and scientific research institutes, if the number of high-level talents in the organization does not exceed a certain proportion, they may independently identify the excellent overseas students as high-level talents, and independently determine the salary levels by adopting the annual salary system and the agreement salary system, and such salaries are not subject to the total amount of performance work capital of the units.

Article 36

The housing of the overseas students during their working periods in this Municipality shall be settled through consultation between the employing units and the overseas students themselves. Housing may be provided by the employing units in the form of contracts, and rented or purchased by the overseas students according to the principle of housing monetization. All the districts, industrial parks and enterprises are encouraged to provide housing subsidies or real estate rental for the outstanding overseas students of scientific and technological innovation and entrepreneurship.

Article 37

The investment, profits, capital gains, assets disposal income, liquidation income, etc. of the returned overseas students for establishing foreign-invested enterprises may be remitted into or out of the country in the form of RMB or foreign exchange according to law.

Article 38

The overseas students who need to import scientific and educational supplies from abroad for scientific research and teaching shall rely on the institutions of higher learning, scientific research institutes and other units with tax exemption qualifications to apply to the customs, and the customs shall handle the procedures of tax reduction and exemption in accordance with the relevant provisions of the State. If they need to make the payment for imports, they may go through the foreign exchange purchasing procedures at the designated foreign exchange banks with the import contracts, invoices, import payment declaration forms and other materials.

Article 39 

The outstanding overseas students working and starting businesses in this Municipality, shall be commended in accordance with the relevant provisions so as to actively create a good atmosphere of respect for talents.

 

Chapter V  Supplementary Provisions

 

Article 40

These Provisions shall be effective as of February 1st, 2021, and be valid until January 31st, 2026.