Regulations of Shanghai Municipality on the Protection of the Rights and Interests of Overseas Chinese

(Adopted at the 32nd Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on September 14, 2016; amended in accordance with the Decision on Amending Some Local Regulations of This Municipality made at the 4th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on May 24, 2018)

Article 1

With a view to protecting the legitimate rights and interests of overseas Chinese and giving full play to their role in the economic and social development of this Municipality, these Regulations are formulated in accordance with the Constitution and relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.

Article 2

The term of "overseas Chinese" as used in these Regulations refers to the Chinese citizens residing abroad. The affirmation of the settlement of a Chinese citizen abroad shall be made in accordance with the relevant provisions of the State.

Article 3

The principle of equal protection shall be followed in protecting the rights and interests of overseas Chinese. Overseas Chinese are eligible to the rights of citizens prescribed by the Constitution and the law, and shall fulfill their obligations under the Constitution and the law.

Article 4

The people's governments at various levels in this Municipality shall attach importance to and strengthen the protection of the rights and interests of overseas Chinese and earnestly safeguard their legitimate rights and interests.

The departments of overseas Chinese affairs of the municipal and district people's governments shall encourage overseas Chinese to participate in the economic and social construction of this Municipality, provide policy consultation and legal services to them, organize, guide and coordinate relevant departments to do well in protecting the rights and interests of overseas Chinese and organize the publicity campaign of laws and rules on the protection of rights and interests of overseas Chinese; and supervise and inspect the implementation status.

The relevant departments of the people’s governments at various levels in this Municipality shall, in accordance with their respective duties and functions, facilitate the participation of overseas Chinese in the economic and social development of this Municipality, as well as provide convenience to their residing and living in this Municipality and do a good job in the protection of their rights and interests.

Article 5

The people's governments at various levels in this Municipality shall, in line with the actual needs, provide the necessary funds for the protection of the rights and interests of overseas Chinese.

Article 6

The associations of returned overseas Chinese at various levels shall publicize and implement the laws, regulations and policies on overseas Chinese affairs, keep close contact with overseas Chinese, reflect their opinions and suggestions, and safeguard their legitimate rights and interests in accordance with the law.

Article 7

The social organizations established by the overseas Chinese in accordance with the law in the Municipality shall carry out activities in accordance with the laws, rules and articles of association, and their legitimate rights and interests shall be protected by the laws.

Article 8

Overseas Chinese shall be encouraged to give full play to their advantages in resources at home and abroad, participate in and serve the national development strategies, and play a role of bridge linking in the cooperation, exchanges and non-governmental friendly visitations in the economic, scientific, technological, cultural, educational, health and sports fields.

Overseas Chinese shall be encouraged and supported to take advantage of the talents, technology and capital in participating in the construction of this Municipality’s international economic, financial, trade and shipping centers as well as in building up the globally influential science and technology innovation center.

Overseas Chinese shall be encouraged and supported in investment in the financial service, transportation service, business service, professional services, cultural and social services in the China (Shanghai) Pilot Free Trade Zone, as well as in other key development areas.

Overseas Chinese shall be encouraged and supported to participate in this Municipality’s international cultural metropolis construction, and play a role in promoting the Chinese outstanding culture.

Article 9

Overseas Chinese shall be encouraged to invest in this Municipality in his/her own name, in the name of his/her enterprise or other economic organizations.

No organization or individual shall illegally interfere in or infringe upon the autonomy of business management of the enterprise established by overseas Chinese investment according to law. No arbitrarily seizing, detaining the enterprise properties of overseas Chinese or ordering enterprise suspended or shut down is allowed without legal procedures,.

The legal proceeds of overseas Chinese investment, business profits, other earnings and personal funds after liquidation may be transferred overseas in accordance with the law.

Article 10

Overseas Chinese shall be encouraged to start their own businesses in strategic emerging industries, modern service industries and advanced manufacturing industries.

The scientific and technological achievements of overseas Chinese and their enterprises or other economic organizations can make independent decisions in achievements transformation activities by transfer, price shares etc.

The relevant departments of the municipal and district people’s governments shall strengthen the protection of intellectual property rights of overseas Chinese and safeguard their lawful rights and interests as applicants and holders of intellectual property rights.

Article 11

Overseas Chinese shall be encouraged to participate in the national or local talent innovation and entrepreneurship programs or projects.

Overseas Chinese who come to this Municipality for scientific research, technology development, achievement incubation and popularization of scientific knowledge and science and technology management activities are eligible to the subsidies in funding in accordance with the relevant municipal provisions.

Article 12

Where an overseas Chinese is employed in this Municipality, he/she may, with his/her own valid passport and other supporting documents, go through the formalities of participating in social insurance, and insure and pay the fees in accordance with the relevant provisions of the State and this Municipality.

The employed overseas Chinese, through consensus with the employing unit, shall deposit, extract and use housing provident fund with his/her valid passport, employment documents and other proof materials, in accordance with the relevant provisions of the State and the Municipality.

Article 13

Where overseas Chinese who participated in the pension insurance for employees of this Municipality before settlement abroad fail to meet the statutory conditions for obtaining the basic pension, the case of their personal pension insurance account shall be handled in accordance with the relevant provisions of the State. When the statutory requirements are met, they are eligible to the corresponding pension insurance treatment in accordance with the provisions of the State and this Municipality.

Where overseas Chinese residing abroad after going through formalities as retired veteran cadres or retirement formalities enjoy the basic pension insurance benefits of this Municipality, they shall on a yearly basis, in accordance with the relevant provisions, provide the social insurance agencies with the “Pension Insurance Qualification Review Table for Overseas Chinese Residing Abroad” issued by the Chinese embassies or consulates abroad or other concerning organizations, or through consular authentication.

Overseas Chinese who participated in the basic medical insurance for employees of this Municipality before residing abroad and also going through the formalities as retired veteran cadres or the formalities of retirement in this Municipality before residing abroad are eligible to the corresponding basic medical insurance during the period of staying in China in accordance with the relevant provisions of this Municipality.

Article 14

Overseas Chinese who engage in professional and technical work in this Municipality may participate in the qualification examination for professional and technical personnel as well as in the job qualification examination for professional and technical personnel. The years of engaging in professional and technical work abroad and the achievements may serve as a reference for assessing professional and technical qualifications.

Article 15

Overseas Chinese may, in accordance with the relevant provisions of the State and this Municipality, purchase houses for self-occupation. The property registration and issuance organ shall register and issue the certificates according to law.

Overseas Chinese are eligible to the rights to possess, use, profit and dispose of their private properties in this Municipality according to law. No organization or individual may illegally infringe upon their rights.

The problems of private houses of overseas Chinese left over in the past shall be handled in accordance with the relevant provisions of the State and this Municipality.

Article 16

The private houses of overseas Chinese located in this Municipality, the enterprises invested by overseas Chinese or the land invested by overseas Chinese for development that need to be requisitioned for public interest shall be compensated according to law.

The requisition of the private houses of overseas Chinese in this Municipality shall be informed by the requisitioning person in accordance with the relevant provisions of this Municipality on the administration of house requisition. Where the overseas Chinese is away from this country, the requisitioning person may, through the owner’s relatives or agents in this Municipality, assist in notifying the owner of the house or notify the owner by public announcement or by post.

Article 17

Overseas Chinese shall legally inherit estates, accept bequests and gifts. No organization or individual may illegally appropriate them.

When overseas Chinese return to China for the purpose to receive heritage, bequests and gifts, the relevant departments shall, in accordance with the overseas Chinese's reasonable request, provide the necessary assistance.

Overseas Chinese have the right to dispose of the inherited wealth, bequests and gifts. No organization or individual may intervene unlawfully.

The investment earnings of overseas Chinese in this Municipality, the property rights and interests from intellectual property rights and other legitimate proceeds can be inherited in accordance with the law.

Article 18

If children of overseas Chinese whose parent is employed in this Municipality or the guardian of a direct lineal relative has the domicile of this Municipality return to China to study in schools in this Municipality where compulsory education is implemented, they shall enjoy the same treatment of school admittance as the school-age children or youngsters with domicile in this Municipality, and the district education department shall handle the admission formalities in accordance with the regulations.

If an overseas Chinese applying for high schools has the junior high school registration and one of the parents has domicile of the Municipality before residing overseas, or the guardian of his/her direct relative has domicile in the Municipality, he/she may take the entrance exam of the senior high school, and is eligible to the same admission treatment as students with household registration in this Municipality.

Overseas Chinese can apply for the regular institutions of higher learning in the Municipality that recruit students of overseas Chinese, students from Hong Kong, Macao and Taiwan regions, in accordance with the relevant provisions of the State and this Municipality.

The relevant department of overseas Chinese affairs and educational department in this Municipality shall attach importance to the activities of education, promotion and exchange of outstanding Chinese culture among overseas Chinese and their children, and support and encourage schools, communities to utilize various resources to carry out relevant activities by policy-making and funding.

Article 19

Overseas Chinese shall be encouraged to set up charitable public welfare undertakings in this Municipality or to make donations to public welfare undertakings.

Where an enterprise invested by overseas Chinese donates property for charity public welfare undertakings, it shall enjoy the preferential income tax according to law. Where the donations made by overseas Chinese to this Municipality from outside China are used for charity public welfare undertakings, customs duties and the VAT from import links shall be reduced or exempted according to law.

Article 20

The principle of voluntary donation and respecting the will of the donor shall be followed in overseas Chinese donation. Overseas Chinese shall have the right to determine the variety, quantity, amount, purpose, object and mode of donation for the money and materials to be donated. No apportionment or forcible fund-raising to overseas Chinese shall be made.

Where overseas Chinese make donations directly to the donee, the donee shall, according to the contract, issue a legal and valid receipt to the overseas Chinese, register the donated money and materials, properly manage the donation and use it in line with the specified requirements.

Overseas Chinese have the right to supervise and inspect the use of donated money and materials. For the violation of the will of donation, overseas Chinese have the right to address inquiries and make complains.

Article 21

Where overseas Chinese donate materials to this Municipality from abroad, the department of overseas Chinese affairs of the municipal or district people's governments may assist in the relevant import formalities and help the overseas Chinese in implementing the donation project.

The donation project of overseas Chinese can have donator’s name inscribed through the consensus of the donee; the public welfare projects donated by overseas Chinese alone or donated mainly by overseas Chinese can be commemorated by naming. Where laws and rules prescribe that approval is required, such laws or regulations shall prevail.

The relevant departments of the municipal or district people's governments shall, in conjunction with the department of overseas Chinese affairs, supervise and inspect the use and management of the property donated by overseas Chinese according to law. The property donation of overseas Chinese and its value-added part shall be protected by the law. No organization or individual shall embezzle or appropriate it.

Overseas Chinese that have made outstanding contributions in the charity public welfare undertakings may be commended by the municipal and district people’s governments or relevant departments. The opinions from overseas Chinese for commendation should be solicited in advance.

Article 22

When Overseas Chinese with a passport of the People's Republic of China or other travel documents make entry or exit in this Municipality, the formalities shall be handled by the entry-exit border inspection organ according to law.

Overseas Chinese residing in this Municipality shall apply to the municipal public security organ for renewal or replacement of the passport, apply for a permit for travel to and from Hong Kong and Macao, or a Taiwan Pass and endorsement in accordance with the relevant provisions on entry and exit certificates.

Article 23

Where overseas Chinese are available in this Municipality during the election of deputies to the district, town/township people's congress, he/she may register at the place of the domicile or at the residence place before leaving the country and participate in the election.

During the election of deputies to the district, town/township people's congresses, the election committee shall properly handle the registration of overseas Chinese voters in accordance with the law.

Article 24

Where overseas Chinese handle such matters as finance, education, medical treatment, transportation, telecommunications, social insurance, property registration, house leasing and trading, investment and business start-up, lodging registration and motor vehicle driver's license application in this Municipality, his/her passport of the People 's Republic of China can be used as personal identification when such identification is needed.

When overseas Chinese with the passport of the People 's Republic of China handle the matters specified in the preceding paragraph in this Municipality, the relevant unit shall handle it according to law.

Article 25

In accordance with the relevant provisions of this Municipality, if overseas Chinese need to identify his / her status in this Municipality for the purpose of children’s schooling, entering a school of a higher grade, maternity care and social assistance, the overseas Chinese affairs department of the municipal or district people's government shall issue the relevant identity certificate.

Article 26

When overseas Chinese with original residence registration written off in this Municipality, who was born abroad and whose spouse or one of the parents has the domicile in this Municipality, apply for residing in this Municipality and meet all the requirements, the department of overseas Chinese affairs of the municipal people's government shall issue “Overseas Chinese Residence Permit". The public security organs shall handle the residence registration formalities based on the “Overseas Chinese Residence Permit."

Overseas Chinese with the original household registration written off outside this Municipality come to Shanghai to reside or are affirmed as high-level talents in innovation or start-ups, he/she, along with his/her spouse, their children who have come from abroad, or his / her spouse who make transfer and their children less than 16 years old or study in regular high school, can apply to the municipal human resources and social security departments for permanent residence in this Municipality or for "Shanghai Residence Permit", in accordance with the relevant provisions of this Municipality.

Article 27

If overseas Chinese residing in this Municipality are temporarily in trouble due to unexpected reasons, the neighborhood office in the residence and the town/township people's government shall give necessary assistance, and the residents’ committee or villagers’ committee shall assist in the relevant relief work.

Article 28

If the lawful rights and interests of overseas Chinese have been infringed upon, the issue may be resolved in accordance with the law through the following channels:

1.settlement through consultation or mediation;

2.applying for arbitration;

3.making complaints to the relevant departments of the people 's government;

4.applying for administrative adjudication and administrative reconsideration; or

5.bringing a lawsuit to the people's court.

Article 29

The department of overseas Chinese affairs of the municipal, district people's government or other relevant departments shall, after receiving complaints from overseas Chinese, promptly handle the case and inform the complainant of the handling results.

For the complaints that should be handled by other relevant departments of the government, the department of overseas Chinese affairs of the municipal and district people's government shall promptly transfer them to the concerned departments for handling.  Other relevant departments shall handle the complaints in a timely manner and shall, along with a reply to the complainant, inform the department of overseas Chinese affairs at the same level of the handling results.

Article 30

If any of the following acts is committed in violation of these Regulations by the relevant department of the municipal, district people's government and their staff members, punishment shall be given by the competent department at the higher level or by the supervisory organ to the persons in charge and other responsible persons; whereas the case constitutes a crime, criminal responsibility shall be affixed according to law:

1. illegally intervening or infringing upon the autonomy of business operation and management of overseas Chinese investment establishment;

2. arbitrarily sealing up, detaining the property of an overseas Chinese enterprise or ordering it suspended or shut down with no legal procedures;

3. failing to handle the relevant social insurance procedures for overseas Chinese in accordance with the relevant provisions;

4. infringing upon the rights of overseas Chinese in possession, use, profit and disposal of their private houses according to law;

5. failing to handle the relevant formalities for school admission and entrance examination application for overseas Chinese and their children in accordance with the relevant provisions;

6. apportionment or forcible fundraising to overseas Chinese, using their donated money or materials against the donation will or embezzling and appropriating the property donated by overseas Chinese; or

7. other acts that infringe upon the legitimate rights and interests of overseas Chinese.

Article 31

The legitimate rights and interests of foreign Chinese in this Municipality shall be protected in accordance with laws, rules and the relevant provisions of this Municipality.

Article 32

These Regulations shall be effective as of December 1, 2016. Regulations of Shanghai Municipality on the Donation of Overseas Chinese adopted at the 35th Session of the Standing Committee of the 10th Shanghai Municipal People’s Congress on April 3, 1997 shall be repealed simultaneously.