Implementation Rules for Application for Shanghai Residence Permit
Implementation Rules for Application for Shanghai Residence Permit
(Nov 27, 2017)
Article 1(Purposes and Basis)
With a view to further normalizing the residence registration as well as the application for the Shanghai residence permit (hereinafter referred to as the Residence Permit) for China mainland migrants to Shanghai, these Implementation Rules are formulated on the basis of the Procedures for the Administration of Shanghai Residence Card.
Article 2(Application for Residence Registration)
China mainland migrants to Shanghai shall go through residence registration in the community service center of their current residence, fill in the Residence Registration Information Form and provide the personal ID or copy of the residence booklet (validation of original certificate) and one of the following certificates of legal residence in Shanghai:
1. copy of real estate rights (validation of original certificate) to be provided for those living in self-purchased domicile or in the domicile purchased by the close relatives;
2. copy of the registration certificate of the house lease contract issued by the house management department (validation of original certificate) to be provided for those living in the self-rented domicile or the domicile rented by the close relatives; and
3. certificate of dormitory issued by units, or school personnel department or security department to be provided for those living in workplace dormitories, or school dormitories.
Close relatives referred to in the preceding clause include spouses, children, paternal grandparents, maternal grandparents, paternal grandchildren, maternal grandchildren and siblings. Those residing in a domicile purchased or rented by close relatives shall also provide corresponding kinship certificates.
Article 3(Handling of Residence Registration)
The community service center shall check whether the materials are complete for China migrants to Shanghai who apply for the residence registration. If the materials are not complete, the applicant shall be informed at once of the contents to be completed, with the application materials returned to the applicant. In case that the materials are complete, the applicant’s portrait information shall be collected for registration in the information system, and a residence registration receipt shall be provided.
Residence registration is valid for one year, and overdue registration is to bere-registered.
Article 4(Change of Residence Registration Information)
Any change of residence registration information of China mainland migrants to Shanghai who have the residence registered shall go through the formalities for changing the information at the community service center of his/her current residence, and provide relevant supporting materials in accordance with the provisions of Article 2 of these Implementation Rules.
The community service center shall register the changed information in the information system.
Article 5(Application for Residence Permit)
China mainland migrants to Shanghai who are away from the place of permanent residence and register the residence in this Municipality for half a year may apply for a Residence Card at the community service center of their current residence, by completing in the Shanghai Residence Card Application Form and providing a copy of the identity card or a copy of residence booklet (validation of the original certificate) in case that they meet one of the requirements of legal stable employment, legal stable domicile or continuous studying status.
Where the applicant’s current residence address is inconsistent with that in the residence registration, the applicant shall provide the corresponding residence certificate in accordance with the provisions of Article 2 of these Implementation Rules.
Article 6(Handling of the Residence Card Application)
The community service center shall check whether the materials are complete for China mainland migrants to Shanghai who apply for the Residence Card. If the materials are not complete, the applicant shall be informed at once of the contents to be completed, with the application materials returned to the applicant. In case that the materials are complete, the applicant’s information shall be registered in the information system, and the receipt to the Residence Card shall be issued.
The community service center shall, within two working days from the date of accepting the application, transfer the relevant application materials to the local police station.
Article 7(Residence Permit Issuance)
The police station shall, within six working days after receiving the application materials, complete the verification through the background check in its information system. For those who meet one of the requirements of having legal and stable employment, having a legal and stable domicile or in continuous study, the police station shall, through an information system, notify the affiliated certification department to complete the certification within seven working days. Those who fail to meet the application conditions shall be issued written opinions to be submitted to the acceptance service center for notification to the applicant with the reasons explained.
The Residence Card shall be issued by the public security bureau of the current residence of the applicant.
Article 8(Residence Card Not to Be Handled)
Whoever resides in an illegal building or resides illegally shall not be allowed to apply for residence registration or residence permit.
Article 9(Reception of Residence Card)
The community service center shall, within two working days after receiving the Residence Card, notify the applicant for collection. When the applicant receives the Residence Card, he/she shall show the receipt to the Residence Card.
Article 10(Changing of Residence Card Information)
If the residence address of the Card holder or other registration information alters in this Municipality, he/she shall, within 30 days, bring the relevant supporting documents to the community service center of his/her current residence and go through the formalities for changing relevant information.
The community service center shall register the changed information in the information system.
Article 11(Residence Card Replacement and Re-issuance)
If the Residence Card is damaged beyond recognition or is lost, the holder of the Card shall, based on the valid proof of identity such as the ID card or residence booklet, promptly report it to the community service center of his/her current residence for re-issuance and replacement formalities. The holder, who has lost the certificate, may go through the loss reporting formalities at the same time.
For those who meet the re-issuance or replacement conditions, the community service center shall apply for re-issuance of the certificates in its information system to the public security department to make re-certification.
Article 12(Residence Card Renewal)
The Residence Card shall be renewed once a year.
The permit holder shall, within 30 days before the renewal expiration of the Residence Card, apply for the renewal formalities at the community service center of his/her current residence, fill in the Application Form for the Renewal of Shanghai Residence Card and bring his/her Residence Card.
Where the applicant’s current residence address is inconsistent with that in the residence registration, the applicant shall provide the corresponding residence proof in accordance with the provisions of Article 2 of these Implementation Rules.
If the Card holder fails to renew the application within the valid time, the function of the Residence Card will be suspended and will be restored only after the re-issuance of renewal formalities are completed. If the renewal formalities are completed within 60 days after the expiration, the duration of validity of the Residence Card holder shall be calculated continuously from the original date of renewal. If the renewal formalities are not completed within 60 days after the expiration, the validity of duration of the Residence Card holder shall be re-calculated from the actual date of renewal.
Article 13 (Cancellation)
Where a Residence Card holder is found to be in any one of the following cases, upon affirmation by relevant departments, the public security department shall cancel the Card information in the Residence Card information system, and the Card loses its efficacy:
1. The Residence Card holder acquired the Residence Card by submitting false materials for application;
2. The conditions of the Residence Card holder altered and are no longer consistent with the requirements of application for the Residence Card;
3. The Residence Card holder has obtained the permanent residence of this Municipality; or
4. Other circumstances for cancellation.
Article 14 (Application Agency)
The application for residence registration, the Residence Card and other relevant matters of minors under the age of 16 shall be submitted by their guardian on their behalf, with a copy of their ID card (validation of original certificate) to be provided. The application of elderly persons and disabled persons may be submitted by close relatives on their behalf, with the agent’s ID card (validation of original certificate) and the power of attorney to be provided.
Where the guardians or close relatives submit the application for residence registration, residence permit and other relevant matters on behalf of the principal applicant, the portrait information of the principal applicant can be collected at home by the community assistant.
Article 15 (Mechanism of Information Exchange and Sharing)
This Municipality shall establish and improve a unified information administration system of actual population.
The departments of public security, housing and urban-rural development, human resources and social security, education, health and family planning, industry and commerce, civil affairs, economy and informatization and other departments shall promote the interconnection and intercommunication of the information systems and the data exchange among departments to achieve the shared application of related information about population administration and service such as housing, employment registration, social insurance, points-based Residence Card, school registration and diploma business registration, and marriage registration of China mainland migrants to Shanghai.
Article 16 (Fees)
There is no fee on the Residence Card itself for the first application for a new Card. Where the applicants re-apply for or make redemption, replacement of the Residence Card for personal reasons, fees shall be charged for the production of certification by the community service center along with a unified municipal fixed receipt.
Article 17(Transitional Provisions)
The Residence Card and the Shanghai Temporary Residence Card issued prior to the implementation of these Implementation Rules shall remain valid during the period of validity. Where the Residence Card expires and requires renewal after the implementation of these Rules, the formalities shall be handled in accordance with the provisions of these Rules. The Shanghai Temporary Residence Card shall not be renewed after the expiration, and the holder may apply for the Residence Card within the validity time.
Article 18(Effective Date)
These Rules shall be effective as of January 1, 2018 and shall expire on December 31, 2022. The Implementation Rules for Application for Shanghai Residence Card (SMPG G [2013] No. 41) issued by the Municipal People’s Government on June 17, 2013 shall be repealed at the same time.