Procedures for the Administration of Shanghai Residence Card

(November 27, 2017)

Article 1(Legislation Purposes)

With a view to protecting the legitimate rights and interests of Chinese mainland migrants to Shanghai, normalizing population service and administration, improving the government’s service, and promoting the coordinated development of economy, society, resources and environment in this Municipality, these Procedures are formulated according to the Interim Regulations on Residence Card and in light of the actual circumstances of this Municipality.

Article 2(Application Scope)

These Procedures apply to the application for, issuance and use of the Shanghai Residence Card (hereinafter referred to as the Residence Card), and to other related administration activities such as point administration.

Article 3(Division of Duties)

The municipal development & reform department shall be responsible for the comprehensive coordination of the implementation of these Procedures.

The public security departments shall be responsible for the residence registration and the administration related to the Residence Card.

The human resources and social security departments shall be responsible for the administration related to points-based Residence Card.

Such departments as education, public health and family planning, industry and commerce, taxation, housing and urban-rural development, civil affairs, economy and informatization, justice, and science and technology shall, in accordance with their respective duties, do well the service and administration related to these Procedures.

The district people’s governments shall be responsible for organizing the specific implementation of these Procedures within their corresponding administrative areas.

The community service centers set up by the sub-district offices and the town/township people’s governments shall, with the authorization of the public security departments, undertake the specific work of residence registration and the handling of Residence Card. The human resources service centers shall, with the authorization of the human resources and social security departments, undertake the specific work of handling the points of Residence Card.

Article 4(Information Sharing)

A unified information administration system of the actual population shall be established and improved in this Municipality.

Such departments as public security, housing and urban-rural development, human resources and social security, education, public health and family planning, commerce and industry, civil affairs, and economy and informatization shall promote the interconnection and intercommunication of the information systems and the data exchange among the said departments, and realize the shared application of related information about population service and administration such as residential houses, employment registration, social insurance, points-based Residence Card, school registration and diploma, industrial and commercial registration, and marriage registration of Chinese mainland migrants to Shanghai.

Article 5 (Residence Registration)

Chinese mainland migrants to Shanghai shall, in accordance with the relevant regulations of the State and this Municipality, go through the formalities of residence registration at the community service centers of their present local residence; those who comply with the provisions of these Procedures may apply for the Residence Card.

Article 6(Major Functions)

The Residence Card has the following major functions:

1. certifying that the Residence Card holders (hereinafter referred to as the Card holders) reside in this Municipality;

2. recording the Card holders’ basic information, change of residence places, and other related information necessary for the population administration; and

3. handling and inquiring personal points and personal affairs relating to health and family planning, social insurance, education, etc.

Article 7(Recorded Contents)

The contents recorded in the Residence Card include such information as the name, sex, nationality, date of birth, citizen ID number, recent photo, permanent registered residential address, residential address, issuing organ, and period of validity.

Article 8(Handling Agencies)

Applicants for the Residence Card may go through the application formalities at the community service centers of their present local residence.

As for minors under the age of 16, elderly people who have mobility problems and disabled persons, their guardians or close relatives may apply for residence registration and receive the Residence Card on their behalf.

When going through the formalities on their behalf, their guardians or close relatives shall provide legal and valid identity documents.

Article 9(Application Requirements)

Chinese mainland migrants to Shanghai who left their permanent residence and registered for residence in this Municipality over six months and comply with one of the conditions including legal and stable employment, legal and stable residence, or continuous study, may apply for the Residence Card in accordance with these Procedures.

The applicants shall provide the relevant document proofs according to the application requirements and be responsible for the authenticity and legality of the application documents.

Article 10(Acceptance and Feedback)

The community service centers, upon receiving the application documents, shall issue acceptance receipts if the documents are complete and, if not complete, they shall inform the applicants at once of the contents to be completed.

Article 11 (Information Comparison)

The public security departments shall make information comparison for the application documents via the information administration system of actual population of this Municipality; when necessary, the relevant documents may be transferred to the departments of human resources and social security, housing and urban-rural development, education and other relevant departments for verification.

Article 12(Card Issuance, Making and Collection)

The Residence Card shall be signed and issued by the public security departments.

For an eligible applicant, the public security departments shall make the Residence Card within 15 working days from the date of acceptance. If the Residence Card cannot be made on schedule due to the special circumstances, the time limit for the making of the Residence Card shall not exceed 30 working days. Upon the Residence Card having been made, the applicant shall be notified of collection by the community service centers.

Article 13(Change of Information)

In the event that the residence address and other registered information have changed, the Card holder shall go through the formalities of information changes at the community service center within 30 days with relevant documents.

Article 14(Renewal)

The Residence Card shall be renewed once a year. The Card holder shall go through the formalities at the community service centers for renewal 30 days before the expiry date of the one-year term of the Residence Card.

If the Card holder fails to go through the formalities for renewal within the time limit, the Residence Card will be suspended; and it will be resumed when the Card is duly renewed.

Article 15(Replacement and Reissuance)

When the Residence Card is damaged beyond identification or lost, the Card holder shall go through the formalities for replacement or for loss reporting and reissuance as soon as practical at the community service centers of his/her present residence.

Article 16 (Cancellation)

The public security departments shall cancel the Residence Card after confirmation by relevant departments under one of the following circumstances.

1. The holder acquired the Residence Card by submitting false application documents;

2. The conditions of the holder have changed and the holder no longer meets the requirements of application for the Residence Card;

3. The holder has registered permanent residency of this Municipality; or

4. Other circumstances for cancellation as provided by laws, rules and regulations .

Article 17 (Basic Public Services)

The Card holder shall, in accordance with the relevant provisions of the State and this Municipality, enjoy his/her rights of employment, participating in social insurance, paying and depositing, withdrawing and using the housing provident funds, and enjoy the following basic public services in this Municipality:

1. compulsory education;

2. basic public employment services;

3. basic public health services and family planning services;

4. public cultural and sports services;

5. legal aid and other legal services; and

6. other basic public services provided by the State and this Municipality.

Article 18 (Convenience Measures)

The Card holder shall, in accordance with the relevant provisions of the State and this Municipality, enjoy the following conveniences in this Municipality:

1. application for the entry-exit Card;

2. replacement and reissuance of the resident identity card;

3. registration of motor vehicles;

4. application for motor vehicle driving license;

5. application for professional titles evaluation or examination, and professional qualification examination;

6. application for childbirth services registration and other family planning certificates; and

7. other conveniences prescribed by the State and this Municipality.

Article 19 (Dynamic Adjustment)

The municipal and district people’s governments and their relevant departments shall actively create conditions to gradually expand the scope of public services and convenience for the Card holder and improve the service standards, and shall regularly publish to the society the scope of public service and convenience enjoyed by the Card holder.

Such departments as public security, education, human resources and social security, health and family planning, and housing and urban-rural development shall, via government websites, brochures and other forms, actively publish the specific projects, application requirements, basic process, duration and so on related to public services, and provide convenience for the Card holder to enjoy the public service.

Article 20(Points-based System Administration)

This Municipality shall implement the points-based system administration of the Residence Card.

Under the points-based system of the Residence Card, points are accumulated by setting up the point indicator system for the Card holders who reside and are employed legally and stably in this Municipality and their personal situations and actual contributions are converted to corresponding points; with the increase of the years of residence, working, social insurance payment in this Municipality and the promotion of academic degrees and professional titles of the Card holders, the points of the holders shall be accumulated accordingly. The Card holders may, when their points reach the standard value, enjoy the corresponding public service.

Article 21(Point Indicator System)

The point indicator system of the Residence Card includes such basic indicators as age, educational background, professional and technical title, skill level, and the years of working and social insurance payment in this Municipality. The point increasing and decreasing indicators and the one-vote veto indicators shall be set up in accordance with the economic and social development of this Municipality and the requirements of population services and management. The specific point standards of each indicator shall be fixed in line with various situations.

Article 22 (Formulation and Adjustment of the Point Indicator System)

The point indicator system shall be formulated by the municipal human resources and social security department jointly with the departments of development & reform, education, health and family planning, public security, industry and commerce, taxation, housing and urban-rural development, and economy and informatization of this Municipality, and be made public with the approval of the Municipal People’s Government.

The indicators, point standards and standard value of the point indicator system of the Residence Card shall be adjusted dynamically in accordance with the economic and social development and population service and management requirements in this Municipality.

Article 23(Application and Handling of Points)

The Card holders, when applying for points, shall provide the corresponding document proofs according to the Residence Card point indicators, and entrust their work units to go through the formalities at the human resources service centers.

After accepting the application, the human resources service centers shall transfer the document proofs to the human resources and social security departments for examination. The human resources and social security departments shall, within 20 working days, accumulate the points according to the point indicator system of the Residence Card and inform the applicants of their points.

Article 24(Transferring to Permanent Residency)

If the Card holders apply for the permanent residence in this Municipality, it shall be carried out in accordance with the relevant provisions of the State and the Procedures for Holders of Shanghai Residence Card to Apply for Permanent Residence in This Municipality.

Article 25 (Government Services)

The staff of the relevant administrative departments, community service centers, and human resources service centers shall, in accordance with their duties and responsibilities, provide services and convenience for Chinese mainland migrants to Shanghai when they go through the formalities for the Residence Card and points accumulation, query relevant information and enjoy relevant treatment. Intentionally creating difficulties, shifting responsibilities to others or working in a delayed manner shall be prohibited.

Article 26(Information Confidentiality)

The staff of the relevant administrative departments, community service centers, and human resources service centers shall keep confidential the information of Chinese mainland migrants to Shanghai in the course of providing services or exercising administration of the Residence Card.

No work units or individuals shall disclose or illegally attain access to or use the information of the Card holders.

Article 27(Guiding Provisions)

In violation of the provisions of these Procedures, if there exists legal liability provisions in the Law of the People’s Republic of China on Public Security Administration and Imposition of Punishment and the Interim Regulations on Residence Card and other relevant laws and administrative regulations, such provisions shall prevail.

Article 28(Administrative Responsibility)

The relevant administrative staff under any of the following circumstances shall be given a warning or a demerit in accordance with the law by the competent departments at higher levels or their work units; in relatively serious cases, they shall be given the disciplinary sanction of a gross demerit or a demotion; in serious cases, they shall be given the disciplinary sanction of dismissal from office:

1. intentionally creating difficulties for the applicants, shifting responsibilities to others or working in a delayed manner in the handling of the Residence Card and points accumulation;

2. illegally collecting fees in the handling of the Residence Card and points accumulation or in the course of providing relevant information and treatment to the Card holders;

3. abusing power and engaging in malpractice for personal gain when accumulating points or approving the materials for the applicants; or

4. disclosing or illegally access to and using the information of the Card holders.

Article 29 (Legal Liabilities for Providing False Materials)

The individuals who, in the process of applying for the Residence Card and points accumulation, forge, alter documents or use forged or altered documents, shall be punished by the public security departments in accordance with the relevant state regulations, and the relevant information on faithlessness shall be included in the public credit information service platforms in this Municipality; In serious cases, they shall not apply for points within three years; when a crime is constituted, they shall be prosecuted for criminal liability in accordance with the law.

The units which in the process of the point application for their staff forge, alter documents or use forged or altered documents, shall be imposed by human resources and social security departments on a fine of not less than 30,000 yuan but not more than 50,000 yuan, and the relevant information on faithlessness shall be included in the public credit information service platforms in this Municipality; in serious cases, they shall not apply for points for their staff within three years. The persons directly in charge of the work units and other persons directly responsible shall be punished by the public security departments in accordance with the relevant provisions of the State. When a crime is constituted, they shall be prosecuted for criminal liability in accordance with the law.

Article 30(Legal Remedies)

The individuals and units, who deem the specific administrative acts of the relevant administrative departments infringe on their legitimate rights and interests in the Residence Card service and administration, may apply for administrative re-consideration or bring an administrative lawsuit according to the law.

The Card holders, when their units refuse without justified reasons or fail to apply for the points for them, may apply themselves at the human resources and social security departments, and the human resources and social security departments shall order their work units to make correction or directly accept their application.

Article 31(Transitional Provision)

The Residence Card obtained before the implementation of these Procedures are still valid within the validity periods. After the implementation of these Procedures, the relevant provisions of these Procedures shall be followed when handling the Residence Cards that have expired and shall be renewed; of which, the re-application for points is not needed if the formalities for the points have been gone through and the Card holders’ conditions have not changed.

Article 32(Provisions on People from Outside China Mainland)

For the residence registration and certificate administration of the foreigners, stateless persons, residents in Hong Kong, Macao Special Administrative Regions and residents in Taiwan area, the relevant provisions of the State and this Municipality shall be followed.

Article 33(Card Fee)

In the case of applying for Residence Card for the first time, the Card is free of charge. Fees are needed for the replacement and reissuance of the Residence Card. The standard fees of the Residence Card shall be approved by the municipal finance department and the municipal competent administrative department for price.

Article 34(Specific Implementation Rules)

The specific implementation rules shall be formulated by the Municipal Public Security Bureau, the Municipal Human Resources and Social Security Bureau and relevant administrative departments in accordance with these Procedures.

Article 35(Effective Date)

These Procedures shall be effective as of January 1, 2018. The Procedures for the Administration of Shanghai Residence Card promulgated by Decree No. 2 of Shanghai Municipal People’s Government on May 28, 2013 shall be repealed at the same time.