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Notice of Shanghai Municipal Human Resources and Social Security Bureau on Issuing the Implementation Rules of the Procedures for Holders of Shanghai Residence Permit to Apply for Permanent Residence in Shanghai

06-22-2020

Notice of Shanghai Municipal Human Resources and Social Security Bureau on Issuing the Implementation Rules of the Procedures for Holders of Shanghai Residence Permit to Apply for Permanent Residence in Shanghai

SMHRSSB D [2020] No. 1


Attention:all district human resources and social security bureaus, and all relevant units:

In accordance with the Procedures for Holders of Shanghai Residence Permit to Apply for Permanent Residence of This Municipality (SMPG D [2019] No. 45) promulgated by the Municipal People’s Government, we hereby issue to you the Implementation Rules of the Procedures for Holders of Shanghai Residence Permit to Apply for Permanent Residence of This Municipality, and request you to implement them conscientiously.


Implementation Rules of the Procedures for Holders of Shanghai Residence Permit to Apply for Permanent Residence in Shanghai

With a view to putting in place the Procedures for Holders of Shanghai Residence Permit to Apply for Permanent Residence in This Municipality (SMPG D [2019] NO. 45, hereinafter referred to as the Procedures) promulgated by the Municipal People’s Government, we hereby formulate these Implementation Rules.

I. Applicable Objects

These Implementation Rules shall apply to the employing units registered in the administrative areas of this Municipality that operate normally and pay taxes according to law.

II. Application Conditions

1. Item 1 " having held the Shanghai Residence Permit for 7 years or more" in Article 5 of the Procedures refers to the accumulated 7 years for holding the Shanghai Residence Permit.

2. Item 2 " having participated in the urban social insurance in this Municipality according to relevant provisions for 7 years or more during their permit holding period" in Article 5 of the Procedures refers to the accumulated 7 years for the permit holder that has participated in the municipal social insurance for urban workers in accordance with provisions and has paid normal fees. If the normal social insurance premium for the employees of this Municipality is paid overdue by the permit holder, it shall not be regarded as the normal calculating basis of fixed number of years for social insurance premium payment.

3. Item 4 “having been employed in this Municipality for intermediate and higher professional and technical posts, or having vocational qualifications for technicians or above (national secondary vocational qualification certificates or above), with the specialty and the type of work corresponding to the posts of employment” in Article 5 of the Procedures refers to having obtained the intermediate and higher professional and technical titles (posts), or having vocational qualifications for technicians or above (national secondary vocational qualification certificates or above), and deployed at the corresponding post of employment. The professional and technical titles (posts), vocational qualifications or skill levels obtained from other provinces or cities before the permit is issued shall be regarded as the professional and technical titles (posts), vocational qualifications or skill levels obtained in this Municipality. In addition, holders of public accountant certificate, lawyers practice license, engaged in professional work, may also apply for household residence from dwelling status.

III. Incentive Conditions

4. Item 1 having made major contributions to this Municipality and won corresponding awards in Article 6 of the Procedures refers to making major contributions in this Municipality and receiving commendations and awards from government at or above the provincial or ministerial level and having individual certificates while working in Shanghai.

5. Item 1 “having been employed for senior professional and technical posts or as senior technicians in this Municipality (with national first-grade vocational qualification certificates), with the specialty and the type of work corresponding to the posts of employment” in Article 6 of the Procedures refers to having obtained the senior professional and technical titles (posts) or senior technician certificate (first-grade vocational qualification or skills ) and deployed at the corresponding post while working in Shanghai.Those that are qualified to be employed as senior professional and technical titles (posts) by the National Vocational Qualifications may be regarded as having senior professional and technical titles (posts).

6. Item 2 " having worked for 5 years or above on the posts of education and public health in outer suburbs of this Municipality, the permit holding years and social insurance years may be shortened to 5 years” in Article 6 of the Procedures refers to those working for 5 years at the teacher’s post in the rural school of this Municipality, at the health care professional post in a remote medical and health unit and at agriculture-related post in the town/township agricultural comprehensive service institution, their fixed number of years for holding the permit and participating in the insurance can be shortened to 5 years.

7. Item 4 “the total cumulative contribution and minimum annual contribution of individual direct investment in the Municipality (or investment shares) for 3 consecutive tax years up to the standard prescribed in this Municipality, or the hired number of employees in this Municipality up to the standard for 3 consecutive years" in Article 6 of the Procedures refers to an enterprise started up by the entrepreneurial talent in this Municipality that has paid average RMB 1 million or more for taxes on a yearly basis in the recent three consecutive tax years in the form of the individual direct investment or the individuals shares of the investment, or that has hired 100 employees or more in this Municipality for 3 consecutive years.

IV. Submission of Application

8. The submission of application prescribed in Article 7 of the Procedures shall be handled in the following ways:

(1) Eligible permit holders shall submit to the employing unit for applying for permanent residence in this Municipality and submit materials that should be supplied by individuals.

(2) After verifying and preparing all the materials, the employing unit shall submit the application to the human resources and social security department through the municipal system of Integrated Online Platform.

(3) Where employment is obtained through personnel dispatch or labor service dispatch, the dispatching unit that has established labor relations shall be responsible for handling the case while the actual employing unit shall provide corresponding materials.

(4) The employing unit may not entrust any intermediate agency or any other unit or individual to make application on its behalf.

V. Application Materials

9. Item 1 valid identity certificate in Article 8 of the Procedures refers to the resident identity card, household register book, household registration certificate issued by the public security department of the locality, as well as the marriage-related materials.

10. Item 2 individual income tax payment receipt issued by tax authorities at or above the district level in Article 8 of the Procedures refers to the individual income tax payment receipt issued by tax authorities at or above the district level in this Municipality in 2019 and thereafter.

11. Item 3 certificates of professional and technical posts and vocational qualifications in Article 8 of the Procedures refers to any of the following materials: intermediate and higher professional and technical vocational qualification certificate, professional title (position) certificate obtained through examination, assessment as well as the Appointment Form of Professional and Technical Positions; those who obtain the intermediate and higher professional and technical titles (posts) through employment shall provide the Appointment Form of Professional and Technical Positions; the intermediate or higher vocational qualification or skill level certificate that may be inquired through the national vocational qualification network or the municipal vocational skill appraisal network.

12. Item 5 " the property right certificate of oneself or of the unit, the relative that has accepted his/her residence, or the public house rental certificate” in Article 8 of the Procedures refers to one of the following materials required to be submitted in accordance with the different circumstances of residence:

(1) settlement in the habitation of Shanghai dwelled by the person himself: effective warrant for the person’s habitation;

(2) settlement in the collective household of the unit: residence acceptance issued by the collective households management;

(3) settlement in the relative’s habitation of Shanghai (direct relative): effective warrant for the habitation; residence acceptance; proof of relations between the person and the direct relative; and

(4) settlement in the community public household dwelled by the person: actual residence permit of this Municipality. 

The property effective warrant therein refers to one of the following documents: the “Real Estate Ownership Certificate of the Peoples Republic of China”, “Shanghai Real Estate Property Ownership Certificate Property Ownership Certificate Residential Public House Rental Certificate", the court effective judgment or notarial certificate of the notary department with the property shares or the public housing rental right, as well as the effective housing certificates as prescribed by laws, rules and regulations.

13. Item 6 other necessary materials in Article 8 of the Procedures refers to:

(1) If an application is made in accordance with Item 1 of Article 6 of the Procedures, one of the following materials shall be provided:

A. individual award certificate;

B. the certificate of senior professional and technical title (position) obtained in this Municipality and the Appointment Form of Professional and Technical Positions; and

C. certificate of senior technician (1st level vocational qualification or skills) of this Municipality.

(2) If an application is made in accordance with Item 4 of Article 6 of the Procedures, one of the following materials shall be provided:

A. machine-readable archival materials, enterprise capital verification reports and tax payment receipts issued by tax authorities at or above the district level for the employing units in which the certificate holders work. In case of equity transfer, tax payment receipts of the investors shall be provided; and

B. materials that display the number of hired employees in the Municipality has reached the prescribed standards for three consecutive years.

VI. Handling Procedures

14. Permit holders shall take the following procedures when applying for permanent residence in this Municipality:

(1) District human resources and social security department shall, after receiving the application materials through the Integrated Online Platform system, inform the applicant to complete the relevant materials once the materials are complete; the case with all the materials available shall be accepted and handled on site, and the preliminary examination shall be completed within 30 working days after the acceptance on the spot. Those that get through the preliminary examination shall be reported to the municipal human resources and social security department for examination and verification.

(2) The municipal human resources and social security department shall, in accordance with the provisions, examine and verify the materials approved in the preliminary examination, and complete the examination and verification within 40 working days.

(3) The municipal human resources and social security department shall publicize in a timely manner the information of personnel that get through the examination on the government website for a period of 7 days and accept social supervision.

(4) If there is no objection to the publication, the municipal human resources and social security department shall send the approval information to the municipal public security department through data sharing.

VII. Family Transfer in

15. The statement minor children may transfer in in Article 12 of the Procedures refers to the minor children under the age of 16 and the children over the age of 16 studying in ordinary senior high schools that may be transferred in. Transferring minor children shall provide the medical certificate of birth; transferring students over the age of 16 of ordinary senior high school shall also provide information about their student status.

Where a person changes the status from dwelling to household residence in conformity with Item 1 of Article 6 of the Procedures, his/her spouse that has a stable job in this Municipality and pays social insurance for urban workers in this Municipality and whose residence permit in Shanghai has already been obtained may apply for permanent residence in this Municipality at the same time with the above-mentioned materials provided.

VIII. Effective Date

16. These Implementation Rules shall be effective as of January 1, 2020 and remain valid until December 31, 2024.