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

(November 27, 2017)

Chapter I  General Provisions

Article 1(Purposes and Basis)

With a view to regulating the services and management of theactual 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 regulations, and in the light of the actual circumstances of this Municipality.

Article 2(Application Scope)

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

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

Article 3(Mechanism of Service and Administration)

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

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 theactual population. The office of the leading team for the general services and management of thepopulation shall be set up in the municipal and district public security department, and shall be responsible for implementing the services and management of theactual population.

The administrative departments of development and reform, public security, human resources and social security, building administration, public health and family planning, economy and informatization, education, taxation, civil affairs, and administration of industry and commerce, shall do a good job in the services and management of theactual population within their respective functions and duties.

Article 4(Establishment of an Information System)

This Municipality establishes an information system of services and management of the actual population. The administrative departments of public security, human resources and social security, building administration, public health and family planning, education, taxation, civil affairs, and administration of industry and commerce shall, within their respective functions and duties, input and update relevant information so as to realize information-sharing.

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 building administration, public health and family planning, etc. The members of general supporting team of communities shall gather information regarding theactual population in accordance with the requirements of the departments of public security and building administration.

Depending on the need of the services and management of theactual 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 theactual population.

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

Article 7(Method of Information Collection)

To collect an inhabitant’s information, the members of general supporting team of communities shall visit the inhabitant at his/her dwelling, make enquire, and fill out each item as required on the spot and in a standard way to ensure accuracy with no repetitions or omissions.

When visiting inhabitants, the members of general supporting team of communities shall bear their work certificates uniformly made and issued to them.

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 theactual 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 and complete dwelling registry procedures with the community affairs center of their current dwelling, and obtain the Residence Registration Certificate against their valid identity 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 for by the State and this Municipality.

Article 12(Rights 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 Administrative Departments and Agencies)

All administrative 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 administrative departments and agencies handling social public affairs may examine their Residence Registration Certificate or Shanghai Residence Permit. Those who have no Residence Permits or whose Residence Permits 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 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:

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.

Employees who are out-of-town Shanghai inhabitants shall produce their ID papers, Residence Permits, or other relevant certificates in compliance with the employing unit’s requirements.

Article 15(Filing for Future Reference)

The units that register out-of-town Shanghai inhabitants in accordance with the provisions of Article 14 of these Provisions shall keep a special file ready for future reference, and shall cooperate with relevant departments and enforcement officers in inquiring and obtaining information, or carrying out examination or supervision according to law.

Article 16 (Advising on Obligation to Register)

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

Article 17 (Management of Shanghai Residents’ Residence Permit)

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

Chapter IV  Management of Rented House Information

Article 18(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 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.

Article 19 (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 20(Obligations of the Intermediary Agency of Real Estate)

In providing intermediary services of dwelling house, the intermediary agency of real estate shall register the names, the types and numbers of ID papers, of both the lessor and the lessee.

Article 21(Reward for Reporting)

This Municipality encourages people to report 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.

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 theactual population.

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

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

The employing units, intermediary agencies of employment, operators of markets or supermarkets, and intermediary agencies of real estate that, in violation of Articles 14, Article 15 or Article 20 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 200 yuan but not more than 1,000 yuan or a warning shall be imposed upon them.

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 Clause 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 Clause 1 or 2 of Article 19 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 Clause 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 Clause 3 of Article 19 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.