Decision of Shanghai Municipal People’s Government on Revising the Provisions of Shanghai Municipality on Service and Management of the Actual Population was adopted at the 114^th Routine Meeting of the Municipal People’s Government on February 7, 2021, and is hereby promulgated. It shall be effective as of April 1, 2021.

Mayor: Gong Zheng

February 15, 2021

 

Provisions of Shanghai Municipality on Service and Management of the Actual Population

(Promulgated by Decree No. 86 of Shanghai Municipal People’s Government on September 12, 2012；amended in accordance with the Decision of Shanghai Municipal People’s Government on Revising the Provisions of Shanghai Municipality on Service and Management of the Actual Population promulgated by Decree No. 59 of Shanghai Municipal People’s Government on November 27, 2017；amended and re-promulgated in accordance with the Decision of Shanghai Municipal People’s Government on Revising the Provisions of Shanghai Municipality on Service and Management of the Actual Population promulgated by Decree No. 43 of Shanghai Municipal People’s Government on February 15, 2021)

 

Chapter I  General Provisions

 

Article 1 (Purposes and Basis)

With a view to regulating the services and management of the actual population in Shanghai, maintaining the order of social administration, and promoting the economic and social development, these Provisions are formulated in accordance with the provisions of relevant laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Application Scope)

These Provisions apply to the services and management of the actual population within the jurisdiction of this Municipality.

“The actual population” mentioned in these Provisions refers to the permanent residents of this Municipality who are living or staying in Shanghai, as well as the permanent residents of other provinces (autonomous regions, municipalities)who are living or staying in Shanghai (hereinafter referred to as the out-of-town Shanghai inhabitants).

Article 3 (Mechanism of Service and Management)

This Municipality adopts the system of municipal overall coordination, district integrated management, and community specific implementation for the services and management of the actual population .

The municipal and district people’s governments shall respectively set up a leading team for the general services and management of the population. The leading team shall be responsible for coordinating, guiding, and urging relevant departments to carry out the services and management of the actual population. The office of the leading team for the general services and management of the population shall be set up in the municipal and district public security department, and shall be responsible for implementing the services and management of the actual population.

The departments of development and reform, public security, human resources and social security, housing administration, health, economy and informatization, education, taxation, civil affairs and market regulation, shall do a good job in the services and management of the actual population within their respective functions and duties.

Article 4 (Establishment of Information System)

This Municipality establishes an information system of the services and management of the actual population. The departments of development and reform, public security, human resources and social security, housing administration, health, education, taxation, civil affairs and market regulation shall, within their respective functions and duties, collect and update relevant information so as to realize information-sharing. The actual population information that relevant departments may obtain through information-sharing shall not be re-collected by other means.

Relying on the integrated portal of "Government Online-Offline Shanghai" and the "Suishenban" APP (hereinafter referred to as the "Integrated Online Platform”), this Municipality provides online processing services for actual population information filling, applying for residence permits, etc., and gradually expands the scope of facilitation services.

Article 5 (General Supporting Teams of Communities)

The general supporting teams of communities shall be set up by the town/township people’s governments or sub-district offices. Their routine management shall be subject to the local police station, and their professional guidance and training to the departments of housing administration, health, etc. The members of general supporting team of communities shall gather information regarding the actual population in accordance with the requirements of the departments of public security and housing administration.

Depending on the need of the services and management of the actual population in their jurisdiction, the town/township people’s governments or sub-district offices may explore the method of government payment for the services and non-profit organizations implementation of such services.

 

Chapter II  Collection of the Actual Population Information

 

Article 6 (System of Information Collection)

This Municipality adopts the system of information collection regarding the actual population.

Information regarding the actual population includes the inhabitants’ identity information, dwelling information and employment information.

Article 7 (Method of Information Collection)

The actual population information collection work shall combine self-reporting with door-to-door collection.

This Municipality encourages self-reporting of actual population information through the "Integrated Online Platform" , and making an appointment for door-to-door information collection and verification by the members of general supporting team of communities.

While conducting door-to-door collection and verification of information, the members of general supporting team of communities shall bear their work certificates uniformly made and issued to them, and fill out in a standard way to ensure accuracy with no repetitions or omissions.

Article 8 (Publicity of Information Collection)

The town/township people’s governments and the sub-district offices shall publicize the work of collecting information regarding the actual population in their respective jurisdiction, direct the members of the general supporting team of communities and regulate their work of information collection, and make public in their service areas the names of the members of the supporting team of communities as well as their photos, ID numbers, and scope of services.

Article 9 (Rights and Obligations of Information Providers)

Relevant units and individuals of this Municipality shall assist the members of the general supporting team of communities in their work of information gathering, and shall provide relevant information in a truthful manner.  

Relevant units and individuals have the right to refuse to provide information to those members whose relevant information has not been publicized or who do not bear the work certificates as required.

 

Chapter III  Services and Management Relating to Residence Permit

 

Article 10 (Obtaining Residence Permit)

Out-of-town Shanghai inhabitants shall go to the community affairs service center or through the "Integrated Online Platform” to complete the dwelling registry procedures, and obtain the Residence Registration Certificate as required by relevant provisions of the State and this Municipality; holding the Residence Registration Certificate for more than half a year, those who meet relevant requirements of the State and this Municipality may apply for a Shanghai Residence Permit.

Article 11 (Relevant Conveniences)

Out-of-town Shanghai inhabitants holding Residence Registration Certificate may do the following in Shanghai:

1. applying for a motor vehicle driver’s license, or registering their motor vehicles or non-motor vehicles;

2. applying for business endorsement for Hong Kong or Macao;

3. applying for a certificate of no criminal record during his/her sojourn in Shanghai; and

4. handling other private affairs provided by the State and this Municipality.

Article 12 (Benefits of Holders of Shanghai Residence Permit)

Out-of-town Shanghai inhabitants holding Shanghai Residence Permit may be eligible for the benefits and conveniences of public services in accordance with relevant provisions of the State and this Municipality.

Article 13 (Obligations of Departments and Agencies)

All government departments and agencies handling social public affairs shall voluntarily inform out-of-town Shanghai inhabitants, via government websites, public notice bulletins, and service desks of the services and benefits they are eligible for, and provide relevant services and conveniences for them. No buck-passing or postponement is allowed.

While servicing out-of-town Shanghai inhabitants, all government departments and agencies handling social public affairs may examine their Residence Registration Certificate or Shanghai Residence Permit. Those who have no residence certificate or whose residence certificate have expired shall be urged to promptly apply for one in accordance with the law.

Article 14 (Obligations of Units)

In any one of the following circumstances, a relevant unit in this Municipality shall, within 2 working days from the date of action occurrence, register the names of the relevant out-of-town Shanghai inhabitants, as well as their present residence location and the types and numbers of their ID papers through the "Integrated Online Platform”:

1. when an employing unit hires out-of-town Shanghai inhabitants;

2. when an intermediary agency of employment provides employment services for out-of-town Shanghai inhabitants; and

3. when an operator of a commodity market or a supermarket provides sales booths or market stalls for out-of-town Shanghai inhabitants.

Out-of-town Shanghai inhabitants shall produce their ID papers, Residence Certificate, or other relevant certificates in compliance with the employing unit’s requirements.

Article 15 (Advising on Obligation to Register)

In carrying out the routine management tasks, the  departments of public security, human resources and social security, and market regulation, shall urge relevant units to fulfill their obligation to register relevant information of their employees who are out-of-town Shanghai inhabitants.  

Article 16 (Management of Shanghai Residents’ Residence Certificate)

Relevant services and management of Shanghai residents’ residence certificate shall be governed by relevant provisions of the State and this Municipality.

 

Chapter IV Management of Living and Sojourn Information

 

Article 17 (Registration and Filing of House Leasing Contract)

The party concerned of the rented house shall, within 30 days of signing the leasing contract, go to the local community affairs service center to register and file the leasing contract. If the leasing contract is signed with the help of the intermediary agency of real estate, the later shall handle the relevant registration and filing instead.

The lessor of the rented house shall file the tax return according to law.

Article 18 (Obligations of the Lessor)

In entering the leasing contract, the lessor of the rented house shall examine the ID papers of the lessee and of those who live with the lessee, and register the lessee’s name, and the type and number of his/her ID papers.

The lessor of the rented house shall not lease the house to those who have no ID papers.

During the term of the lease, the lessor shall regularly examine the lessee’s use of the house as agreed on in the leasing contract. Upon finding the lessee using the rented house for criminal activities, the lessor shall promptly report to the public security department and other relevant departments.

Article 19 (Obligations of the Intermediary Agency of Real Estate)

In providing intermediary services of dwelling house, the intermediary agency of real estate shall, within 2 working days upon the concluding of the contract, register the names, the types and numbers of ID papers, of both the lessor and the lessee through the"Integrated Online Platform".

Article 20(Reward for Reporting)

This Municipality encourages reports of lessors’ failure to duly file a tax return. If the report is found truthful, the taxation department shall reward the reporter in accordance with relevant provisions.

Article 21 (Obligations of Accommodation Service Places)

Hotels, lodges, hostels, overnight baths (rooms), apartment hotels and other places providing accommodation services shall implement the system of accommodation registration and visitor management in accordance with the provisions of relevant laws and rules.

Other places that provide accommodation services shall register the names, the types and numbers of ID papers through the "Integrated Online Platform" when the residents check in. Other places that provide accommodation services shall be identified by the municipal public security department.

 

Chapter V  Legal Liability

 

Article 22 (Obligation of Confidentiality and Liability for Illegality)

Relevant units and individuals shall keep confidential any information that comes to their knowledge in their services and management of the actual population.

No units or individuals are allowed to divulge or illegally inquire or use information regarding the actual population. Where the act of selling or illegally providing relevant information constitutes a crime, criminal liability shall be prosecuted according to law.

Article 23 (Enforcement Officers’ Liability for Illegality)

Enforcement officers shall be given administrative sanctions by the unit he/she works in or the superior competent department if they neglect their duties, abuse their powers, practice favoritism and irregularities, or extort or accept bribes. If the wrongful act constitutes a crime, criminal liability shall be prosecuted according to law.

Article 24 (Punishment for Violation of the Provisions Regarding Register Obligation)

The employing units, intermediary agencies of employment, operators of markets or supermarkets, intermediary agencies of real estate and other places that provide accommodation services, in violation of the provisions of Paragraph 1 of Articles 14, Article 19 or Paragraph 2 of Article 21 of these Provisions, fail to register relevant information as required shall be ordered by the public security department to make rectification, and a fine of not less than RMB 500 but not more than RMB 1,000 shall be imposed; If the circumstances are serious, a fine of not less than RMB 1,000 but not more than RMB 5,000 shall be imposed.

Article 25 (Punishment for Violation of the Provisions Regarding Rented House Information Management)

The lessors of rented houses shall be punished by the public security department in accordance with Paragraph 1 of Article 57 of the Law of the People’s Republic of China on Administrative Penalties for Public Security if they, in violation of Paragraph 1 or 2 of Article 18 of these Provisions, fail to register lessees’ names, or the types and numbers of lessees’ ID papers as required, or if they lease their house to those who have no ID papers.  

The lessors of rented houses shall be punished by the public security department in accordance with Paragraph 2 of Article 57 of the Law of the People’s Republic of China on Administrative Penalties for Public Security if they, in violation of Paragraph 3 of Article 18 of these Provisions, fail to report to the public security department upon their knowledge of the lessees’ using the rented house for criminal activities.

 

Chapter VI  Supplementary Provisions

 

Article 26 (Other Provisions for People Outside Mainland)

The information collection and rental information management regarding foreigners, stateless persons, residents of Hong Kong, Macao and Taiwan shall be conducted with reference to these Provisions.

Article 27 (Effective Date)

These Provisions shall be effective as of November 1, 2012.