No. 14 [2020] of the Shanghai Municipal Peoples Government

The Peoples Governments of all districts and counties; and all Commissions, Offices and Bureaus of the Shanghai Municipal Peoples Government:

The revised Measures for Overseas Talent Residence Permits of Shanghai Municipality are hereby issued to you for your earnest implementation.

Shanghai Municipal Peoples Government

July 9^th, 2020　　

Measures for Overseas Talent Residence Permits of Shanghai Municipality

Chapter I General Provisions

Article 1 (Objective)

These Measures are formulated for purposes of further intensifying the efforts to attract overseas talents, optimizing the talent environment, attracting more overseas talents to work or start businesses in Shanghai, and providing powerful talent support for Shanghais economic and social development.

Article 2 (Eligible Individuals)

These Measures shall apply to the individuals who have a university diploma (bachelors degree) or above or possess any special talent, and legally work or start businesses in Shanghai, including overseas Chinese students who have been naturalized as foreign nationals; foreign high-level experts and other foreign professionals; overseas Chinese students and other professionals who have no registered permanent residence in China but hold both Chinese passports and overseas permanent (long-term) residency; professionals of the Hong Kong Special Administrative Region or the Macao Special Administrative Region; and professionals of the Taiwan region.

The specific scope, conditions and other matters in respect of persons with special talent shall be determined by the Shanghai Municipal Human Resources and Social Security Bureau in conjunction with the relevant departments according to the actual needs of Shanghais economic and social development.

Article 3 (Division of Work)

The Shanghai Municipal Human Resources and Social Security Bureau shall be in charge of accepting and reviewing the applications for overseas talent residence permits of Shanghai Municipality (hereinafter referred to as “overseas talent residence permits”) and other comprehensive administration work. The Shanghai Municipal Bureau of Public Security shall take charge of the production and issuance of overseas talent residence permits and other relevant work. The Shanghai Municipal Commission of Economy and Informatization, the Shanghai Municipal Commission of Commerce, the Shanghai Municipal Education Commission, the Shanghai Municipal Science and Technology Commission, the Shanghai Municipal Finance Bureau, the Shanghai Municipal Commission of Housing and Urban-Rural Development, the Shanghai Municipal Transportation Commission, the Shanghai Municipal Health Commission, the Shanghai Market Supervision and Management Bureau, the Shanghai Municipal Medical Insurance Bureau, the Shanghai Municipal Bureau of Local Taxation, the Shanghai Branch of the State Administration of Foreign Exchange, the Shanghai Customs District, the Shanghai Branch of the Peoples Bank of China and other relevant departments shall, according to their respective functions and duties, effectively implement the Measures.

Chapter II General Provisions on the Permits

Article 4 (Functions and Categories of the Permits)

Overseas talent residence permits are the certification for the holders to work, live and enjoy relevant treatments in this Municipality.

Overseas talent residence permits are divided into Main Permits and Dependent’s Permits. Eligible overseas talent may apply for main permits, and their spouses and children under 18 years of age or studying in senior high schools may apply for the dependent’s permits.

Article 5 (Basic Information on the Permit)

An overseas talent residence permit shall indicate the holders name, gender, date of birth and nationality (region), type and number of the permit, recent photo, date of issuance, issuing authority, and period of validity, among others.

Article 6 (Period of Validity)

An overseas talent residence permit shall be valid for one to five years or ten years.

The Shanghai Municipal Human Resources and Social Security Bureau shall determine the period of validity of an overseas talent residence permit according to the applicants age, academic diploma and degree, category of specialty, job qualifications, valid identity certificate, work permit in China, duration of the employment (labor) contract, job position and other conditions.

The overseas Chinese students of foreign nationality who work in Lingang Special Area of China (Shanghai) Pilot Free Trade Zone, Zhangjiang Hi-tech Zone or Hongqiao CBD, etc. can directly apply for the long-term overseas talent residence permits (of which the validity can be as long as 10 years).

Chapter III (Application for Permits)

Article 7 Application

For individuals who need the overseas talent residence permits, application shall be submitted by their employers to the authorities of human resources and social security via the city’s one-stop service system.

Article 8 Documents for Application

The following documents shall be submitted when applying for the overseas talent residence permits:

1. Application form;

2. Valid certificates of identification;

3. Certificates of education backgrounds and diploma, certificates of technological professions and other documents that show the applicant’s qualification as talent;

4. Permit of residence in Shanghai;

5. Valid certificate of health conditions;

6. Employment (labor) contract;

7. Income tax payment certificate during work (employment).

Applicants and their employers shall take responsibility for the authenticity of the documents.

Article 9 (Acceptance of Application)

The acceptance body shall accept the application when the documents of application are submitted in full and valid; and shall notify the applicants to submit the rest of the required documents when they are not submitted in full. The acceptance window shall transfer the information and documents of application to the Municipal Human Resources and Social Security Bureau within two days after they are received.

Article 10 (Assessment)

The Municipal Human Resources and Social Security Bureau shall complete the assessment process within 7 working days after receiving the information and documents of application. For applications that meet all the requirements, a written notification shall be issued for fulfilling the formalities; for applications that do not meet the requirement, a written notification shall also be issued.

Article 11 (Permit Making and Issuing)

The Municipal Public Security Bureau is in charge of making and issuing of the overseas talent residence permits. For applicants that pass the assessment, the permit making department of the Municipal Public Security Bureau will make the permits within 10 working days. The Exit-Entry Administration of the Municipal Public Security Bureau is in charge of issuing the permits. A digital version of the overseas talent residence permits will also be made and issued in accordance with the unified norms and requirements by the Municipality and will be stored in the database of digital certificates and licenses of the Municipality. Both the written and digital versions bear the same legal validity.

Article 12 (Change of Information)

Where a permit holder quits his/her job during the permit’s validity, his/her former employer shall finish the formalities on the city’s one-stop service system within 30 days to put an end to the validity of the permit. Where there is a change of the holder’s employers or No. of permit of individuality during the permit’s validity, the employer shall finish the formalities on the city’s one-stop service system within 30 days to change the corresponding information.

Article 13 (Extension of Validity)

When the validity of the permit expires and the holder needs to extend the validity by acquiring a new permit, he/she shall finish the formalities on the city’s one-stop service system within 30 days before the permit expires to extend the validity.

Article 14 (Lost Permit Reporting and Permit Replacement)

In the case of a lost permit, the holder’s employer shall finish the formalities on the city’s one-stop service system to report the loss and replace the permit.

Article 15 (Cancellation)

Where there is a change in the situation of the holder, such as the holder is no longer qualified to hold an overseas talent residence permit or he/she voluntarily cancel his/her application, the permit will be canceled by the Municipal Human Resources and Social Security Bureau.

Cases of forging or altering materials or using forged or altered materials by applicants or their employers will cause suspension or cancellation of the employers’ qualification of application as well as cancellation of the applications’ permits according to the Municipal Human Resources and Social Security Bureau’s estimation on the situation.

Article 16 (Legal Liability)

Applicants and their employers shall abide by relevant laws and regulations. Violations against laws and regulations shall cause corresponding legal liabilities on applicants and their employers in accordance with the law. The relevant information about the employers will be recorded on the public credit and information service platform of Shanghai.

Chapter IV Permit Holder’s Treatment

Article 17 (Residence Permit)

The holder can apply for the residence permit of no more than 5 years according to the regulations.

A high-level talent certificate can be issued by the Municipal Human Resources and Social Security Bureau to an individual with a permit with the validity of 5 years or more and can be used by the permit holder to apply to the Exit-Entry Administration of the Municipal Public Security Bureau for the residence permit with the validity of 5 years.

Article 18 (Work Permit)

When the permit holder is an overseas Chinese student who has been naturalized as foreign nationals, he/she shall apply for a work permit in accordance with the current regulations of Lingang New Area of China (Shanghai) Pilot Free Trade Zone.

Article 19 (Starting a Business)

Permit holders are allowed to start businesses in Shanghai and those who meet the relevant requirements can be granted secured loans for startups, subsidies on social security insurance for startups, subsidies on rental for startups, bonuses for excellent startup projects and other supporting policies for startups.

Article 20 (Recruitment by Administrative Authorities)

Permit holders can be recruited by administrative authorities temporarily or in a project-based way after approval by the Municipal bodies with administrative authority.

Article 21 (Social Security Insurance)

Permit holders who work in Shanghai shall participate in the social security insurance program for Shanghai’s working urban residents according to the relevant regulations bu the State and the Municipality, where the periods of payment of the basic endowment insurance and the medical insurance by the permit holders and their employers can accumulate regardless of job changes. Permit holders who meet requirements can also enjoy social security insurance treatment according to the law. The permit holders’ unemployed spouses and children under 18 years of age or studying in senior high schools can participate in the basic medical insurance program for Shanghai’s urban residents and enjoy the corresponding treatments.

Article 22 (Housing Provident Fund)

Permit holders who work in Shanghai, after reaching consensus with their employers, can deposit housing provident funds, withdraw the fund and apply for housing loans based on the fund according to relevant regulations of the Municipality. Permit holders who cancel of terminate employment with employers in Shanghai can block or transfer the housing provident fund accounts according to relevant regulations.

Article 23 (Children’s Education)

Children of permit holders who are in preschool education or compulsory education can attend schools in the principle of proximity after finishing the formalities at the educational administration bodies of the place of residence.

Where the permit holders finished their studies overseas and their children lived overseas for more than 5 years and attend the senior high school entrance examination while still in the adaptive period (3 years) to the language environment of China, admission scores for the examination will be lowered for them. Children of permit holders, who attended senior high school in Shanghai and obtained a senior high school diploma, can attend the National College Entrance Examination in Shanghai according to relevant regulations and apply for advanced education institutions that have admission quota in Shanghai.

Article 24 (Accreditation, Tests and Registration)

Permit holders can participate in Shanghai’s accreditation tests or examinations to work as technological professionals, work (practitioner) qualification tests or register their work (practitioner) qualification in accordance with regulations by the State and the Municipality.

Article 25 (Earmarked Fund for Talent Development)

Where the permit holders are Chinese students finishing studies overseas or deemed special talent from Hong Kong, Macau or Taiwan region, they can apply for the earmarked fund for talent development in the city’s pool of funds to promote talent development.

Article 26 (Facilitation in Customs Clearance)

For permit holders who are deemed overseas high-level talent, formalities for customs clearance can be streamlined, where the Municipal Human Resources and Social Security Bureau will issue certificates of high-level talent for the Customs to facilitate the clearance of the holders’ items for science & research, teaching & learning as well as items for personal use which are brought by themselves, sent separately, in the post or by express.

Article 27 (Settling down in Shanghai)

Where permit holders deemed special talent from Hong Kong and Macau S.A.R. with the validity of at least 3 years who enter the border with their Mainland Travel Permit for Hong Kong and Macao Residents voluntarily give up their identity as Hong Kong and Macao residents and they meet the requirements to obtain Shanghai household registration, they can apply to the Exit-Entry Administration of the Municipal Public Security Bureau for settling down in Shanghai.

Article 28 (Permanent Residence)

Permit holders of foreign nationality with the validity of at least 5 years, who meet the requirements to obtain the permanent residence permits for foreign nationals, can apply for the permit with the recommendation by the Municipal Human Resources and Social Security Bureau. Foreign talent with Permanent Residence Identity Card for Foreign Nationals can apply directly for the overseas talent residence permit with the same validity of their Permanent Residence Identity Card.

Article 29 (Financial Services)

Permit holders who meet requirements can apply for credit cards to certain banks. Permit holders who have paid taxes according to the law and have acquired tax payment certificates and other proofs issues by tax authorities can exchange their legitimate income earned in Shanghai into foreign currencies and remit them overseas according to foreign exchange regulations.

Article 30 (Driving License)

Permit holders can apply for or replace their driving license and register their motor vehicles in Shanghai according to relevant regulations of the State and the Municipality.

Article 31 (Auction of Quota for Non-profit Passenger Vehicles)

Permit holders can engage in auctions of quota for non-profit passenger vehicles according to regulations of the Municipality.

Article 32 (Awards and Prizes)

Permit holders can participate in the relevant competitions for awards and prizes and enjoy the corresponding treatments according to regulations.

Article 33 (Government Services)

Permit holders can register the account of SuiShenBan Application with real-name authentication and enjoy relevant services provided by the government.

Chapter V Supplementary Provisions

Article 34 (Transitional Clauses)

Since the implementation of this Measures, the former Type-B Shanghai Residence Permit shall still be valid until its expiration date and can be extended according to the Measures when it expires.

Article 35 (Detailed Rules for Implementation)

Detailed rules for implementation shall be formulated by the Municipal Human Resources and Social Security Bureau according to the Measures.

Article 36 (Date of Implementation)

the Measures shall be implemented since July 1^st, 2020 and is valid until June 30^th, 2025.