Several Provisions on Encouraging Persons Who Have Studied Abroad to Work and Start Businesses in Shanghai

Shanghai Municipal Bureau of Justice

Several Provisions on Encouraging Persons Who Have Studied Abroad to Work and Start Businesses in Shanghai

Chapter I  General Provisions

Article 1

These Provisions are formulated with a view to further improving the work related to the persons who have studied abroad, accelerating the construction of a high-level talent highland in Shanghai, implementing more proactive, open, and effective recruitment policies for overseas talents, encouraging the persons who have studied abroad to work and start businesses in Shanghai, and creating a comprehensive ecosystem for innovation and entrepreneurship as well as a talent development environment that are both more internationally competitive.

Article 2

These Provisions apply to the persons who have studied abroad and come to work and start businesses in Shanghai, including those who have obtained a foreign nationality and those who have studied abroad from Hong Kong, Macao, or Taiwan.

The term "the persons who have studied abroad" referred in the preceding Paragraph shall meet any one of the following conditions:

1. the individuals who have studied abroad, either on government sponsorship or at their own expense, and have obtained a bachelor's degree or above from a foreign (overseas) higher education institution; or

2. the visiting scholars or trainees who have obtained a bachelor's degree or above, or a professional title at an intermediate level or above in China, and have furthered their studies for one year or more at a foreign (overseas) higher education institution or research institution and have obtained certain achievements.

Article 3

This Municipality shall give priority to attracting the high-level persons who have studied abroad and are urgently needed in leading, emerging and future industries.

The high-level persons who have studied abroad referred to in these Provisions shall also, in addition to meeting the conditions for the persons who have studied abroad, meet one of the following conditions:

1. a renowned scientist who enjoys a certain reputation in the international academic or technological community, and is a pioneer or founder in a specific field, or has made a significant contribution to the development of a specific field;

2. an expert or scholar with profound academic achievements who has once made a significant contribution to the development of a specific discipline or field, has published influential academic papers in internationally renowned journals, or has received academic awards of international influence, or whose achievements are at the forefront of his/her industry or field and widely recognized within the academic community;

3. an expert or scholar who holds a position equivalent to the title of associate professor, associate researcher, or above in a renowned foreign (overseas) university or research institution;

4. an expert or scholar who holds a mid-to-senior level management position in a foreign (overseas) government agency, intergovernmental international organization, or renowned non-governmental organization;

5. a managerial expert with a senior management position in a world-renowned enterprise; or a managerial person or a technician who holds a senior technical position in a renowned multinational corporation, or financial institution, or holds a senior technical position in a well-known law (accounting, or consulting) firm, familiar with the practices and international regulations of his/her own relevant fields and with a richer practical experience;

6. an expert, scholar, or technician who has once led a major international scientific research or engineering project and has a richer scientific research and engineering technical experience;

7. a technical professional who possesses independent intellectual property rights or proprietary technologies, such as major technological inventions, and patents with strong prospects for industrial development and application.

8. a high-level person who has studied abroad recognized by relevant state authorities or the Municipal Talent Bureau; or

9. other special talents with unique expertise and urgently needed by this Municipality.

Article 4

The Municipal Talent Bureau is the competent department for the work related to the persons who have studied abroad in this Municipality, and is responsible for formulating and organizing the implementation of the policies and plans for the introduction of such persons, building up platforms for them to come to Shanghai to engage in innovation and entrepreneurship, enhancing the Municipality's attraction and cohesion for them, and conducting the comprehensive analyses of the information on the recruited persons who have studied abroad, and the evaluation on the effectiveness of related work.

The Municipal Commission of Science and Technology, the Municipal Commission of Education, the Municipal Bureau of Public Security, the Municipal Administration for Market Regulation, the Municipal Commission of Commerce, the Municipal Bureau of Finance, the Municipal Bureau of Human Resources and Social Security, the Municipal Tax Service, the Municipal Commission of Economy and Informatization, the Municipal Commission of Health, the Municipal Commission of Transport, the Municipal Commission of Housing and Urban-Rural Development, the Municipal Intellectual Property Administration, Shanghai Customs, the Shanghai Headquarters of the People's Bank of China, and the Shanghai Branch of the State Administration of Foreign Exchange, along with other departments and units, shall, within their respective scope of duties and responsibilities, effectively conduct the work related to encouraging the persons who have studied abroad to work and start businesses in Shanghai.

Article 5

The work on the persons who have studied abroad shall carry out the policy of "supporting study abroad, encouraging return to China, ensuring freedom of coming and going, and bringing their potentials into full play." All relevant departments, units, startup parks for the persons who have studied abroad, social organizations for the persons who have studied abroad, and employers of such persons shall strengthen education on national situations and conditions for them, guiding them to voluntarily abide by laws, regulations, rules, and social ethics, and to carry forward the tradition of serving the nation through their overseas studies. At the same time, they shall concern about the work and life of the persons who have studied abroad, and provide them with convenience for their work and starting businesses in Shanghai.

Article 6

This Municipality shall perfect the coordination mechanism for the work related to the persons who have studied abroad in this Municipality, and coordinate and resolve the important problems in such work.

It shall advance the "One-Stop Service" for the persons who have studied abroad in this Municipality, and establish an online and offline one-stop service platform. Every district shall establish service windows for the persons who have studied abroad, and provide policy consultation, business processing, and service guarantees for their working and starting businesses in Shanghai.

Chapter II  Ways for the Persons Who Have Studied Abroad to Serve This Municipality

Article 7

This Municipality shall, in accordance with relevant laws, regulations, rules, and relevant provisions of the State and this Municipality, support and encourage the persons who have studied abroad to leverage their expertise and advantages to serve the economic and social development of this Municipality through various forms, such as the employment, part-time work, collaborative research, lecturing in China, academic and/or technical exchanges, inspections and consultations, and innovation and entrepreneurship:

1. serving as a national civil servant (excluding the one who has acquired a foreign nationality), an advisor, a consultant, or a technical expert in a state organ;

2. establishing a technology-based enterprise through capital contribution in the form of technology or investment;

3. serving as a legal representative of a state-owned enterprise;

4. holding a full-time or a part-time appointment of professional technical position, mid-level or senior management position, advisor, or honorary position through employment in schools, research institutions, medical institutions, cultural and art troupes, news media, financial institutions, key (open) laboratories, engineering technology research centers, or other enterprises or public institutions;

5. investing in such industries as education, health and medical care, or establishing the service institutions such as architectural design, legal service, accounting, and consultation;

6. conducting collaborative research or establishing joint research and development bases with higher education institutions, research institutions, and various enterprises by utilizing advanced science and technology, equipment, and funds;

7. holding a senior management or technical position in major projects or key initiatives;

8. delivering lectures or engaging in academic, cultural or artistic exchanges in this Municipality;

9. conducting research and development activities for commissioned research projects overseas, or entrusting overseas scientific research projects to relevant research institutions or organizations in this Municipality;

10. cooperating with relevant units by relying on overseas research, education, and training institutions, or cultivating talents and promoting the international talent exchange for the employer unit by accepting its commissions;

11. providing intermediary services through the agency registered in this Municipality to introduce foreign capital, technologies, and projects for this Municipality; or establishing science and technology service institutions such as the maker spaces and technology transfer agencies in this Municipality, connecting with the international innovation resources, and carrying out the professional service such as the entrepreneur incubation and technology transfer for the incubation and commercialization of international innovation outcomes;

12. working at the overseas branch of this Municipality's unit by employment; and

13. serving this Municipality through other means.

Article 8

This Municipality shall strengthen the communication and exchange with overseas student organizations and the persons who have studied abroad, and welcome such persons to come to Shanghai for investigation tours and exchange activities. This Municipality shall also organize various activities for them, further enhance the influence of brands such as Shanghai Global Talents Innovation & Entrepreneurship Competition, and facilitate innovation and entrepreneurship for the persons who have studied abroad in Shanghai.

This Municipality shall continuously promote the integrated development of the work related to the persons who have studied abroad in the Yangtze River Delta region, and facilitate a cross-regional cooperation, a share of talent resources, and an orderly flow of high-level overseas returnees. This Municipality shall also encourage the persons who have studied abroad to serve the Yangtze River Delta region in various forms.

Chapter III  Establishment of Enterprises and Other Economic Entities

Article 9

The Municipal Talent Bureau shall provide the persons who have studied abroad with qualification certification and other relevant services for their coming to Shanghai to establish enterprises and their enjoyment of preferential policies in accordance with laws and regulations. All relevant departments and units shall, in accordance with laws and regulations, provide the persons who have studied abroad with convenience for their establishment of enterprises and their enjoyment of relevant benefits.

Article 10

The Municipal Talent Bureau may, for the convenience of investment and/or establishment of enterprises in Shanghai by the persons who have studied abroad, first accept the application for qualification certification to establish enterprises and to enjoy preferential policies regarding enterprise establishment submitted on their behalf by their authorized domestic relatives; and then the relevant departments and units shall subsequently complete the related procedures.

Article 11

Within the scope of industries permitted and encouraged by the State and this Municipality, the persons who have studied abroad may, by utilizing their patents, proprietary technologies, and scientific and technological achievements, come to Shanghai to conduct the activities such as technology transfer, technology contracting, capital contribution in the form of technology, and pledge financing, or establish enterprises independently or as joint ventures with the enterprises in this Municipality, or come to Shanghai to make investments in the name of an individual or an overseas-registered company.

Article 12

This Municipality shall encourage the establishment of startup parks for the persons who have studied abroad. The qualified ones may enjoy relevant policies applicable to the science and technology innovation and entrepreneurship carrier.

Article 13

The Municipal Talent Bureau shall be responsible for the administration of startup parks for the persons who have studied abroad, and shall, in conjunction with all districts and all relevant departments and units, strengthen the guidance and support for such parks, and conduct regular site inspections and evaluations thereof. All districts and all relevant departments and units shall actively support the establishment of startup parks for the persons who have studied abroad, attend to their construction and development, establish mechanisms to evaluate the technology projects in such parks, and admit the enterprises with high technological merit into the parks.

Article 14

All startup parks for the persons who have studied abroad shall establish a professional service team to provide a comprehensive service, including the registration, tax agency, business affairs, training, technology certification, project application, legal consultation, and international cooperation for such persons' establishment of enterprises, and the startup parks shall also be encouraged to provide various specialized services, including research and development, intellectual property rights, and investment and financing, and to streamline the procedures and reduce the administrative steps. At the same time, they shall assist the enterprises established by the persons who have studied abroad in their applications for various state and municipal subsidized projects in accordance with relevant procedures, and shall also be encouraged to provide a policy support to the enterprises established by the persons who have studied abroad that demonstrate strong innovation capabilities, high growth potential, and promising market prospects, in accordance with relevant provisions.

Article 15

This Municipality shall encourage and support the qualified startup parks for persons who have studied abroad to provide them with venture capital and financing guarantee support, and to create conditions in such fields as attracting international venture capital and pursuing public listings for the enterprises in the park.

Article 16

The enterprises or entrepreneurial teams of the persons who have studied abroad may, in accordance with relevant provisions, enjoy the supporting policy for startups including the guaranteed loans for startups, the social insurance subsidies for startup organizations in their initial stages, the awards for outstanding entrepreneurial projects, and the scientific and technological innovation vouchers.

Article 17

This Municipality shall encourage various venture capital guiding funds and various supporting funds to increase support for the enterprises established by the persons who have studied abroad, guide the financial institutions to develop the financial products suitable to the characteristics and development needs of the enterprises established by the persons who have studied abroad, strengthen the credit support, and raise the financing accessibility and encourage the guarantee agencies and the re-guarantee agencies to provide them with the service of loan guarantee and re-guarantee for their establishment of enterprises at home.

Article 18

This Municipality shall strengthen the protection of intellectual property rights for the enterprises established by the persons who have studied abroad and encourage such enterprises to apply for patents, and those meeting the relevant provisions may apply for fee reduction or exemption. Such persons' technological achievements may be valued as capital contributions for investment in accordance with the relevant state provisions.

Article 19

This Municipality shall encourage the enterprises established by the persons who have studied abroad to apply for the establishment of postdoctoral platforms, such as the postdoctoral research workstations and the host units of postdoctoral innovation practice bases, encourage the recruitment of overseas doctorate holders and postdoctoral researchers to carry out scientific research work, and support the eligible individuals to apply for this Municipality's postdoctoral supporting programs.

This Municipality shall encourage the startup parks for the persons who have studied abroad to establish offshore innovation and entrepreneurship bases, encourage the parks to establish the innovation and entrepreneurship academies for such persons, set up entrepreneurship training camps, and organize various themed innovation and entrepreneurship activities for them, such as the park tour and the project roadshow, and support various social service institutions to play an active role, and establish and perfect an entrepreneurship supporting system for them that is enterprise-dominated and market-oriented.

Article 20

This Municipality shall encourage all higher education institutions and research institutions in this Municipality to open their laboratories to the enterprises established by the persons who have studied abroad, support such enterprises to establish the enterprise technology center, or to establish the engineering technology research center jointly with higher education institutions and research institutions, and enjoy the relevant preferential policies in accordance with applicable provisions, and encourage the eligible persons who have studied abroad to acquire part-time positions in either higher education institutions, or research institutions.

Chapter IV  Relevant Policies and Benefits

Article 21

The persons who have studied abroad and come to Shanghai for work or entrepreneurship, their spouses, and their children under the age of 16 or children enrolled in a general secondary school may, in accordance with relevant provisions, apply to the Municipal Talent Bureau for permanent residence registration in Shanghai. The high-level persons who have studied abroad may also enjoy preferential policies in accordance with relevant provisions.

Article 22

The persons who have studied abroad and come to Shanghai for work or entrepreneurship and their spouses and children may, in accordance with relevant provisions, apply for the Shanghai Residence Card. Among them, those who have acquired foreign nationality and other eligible persons who have studied abroad and their spouses and children may, in accordance with relevant provisions, apply for the Shanghai Overseas Talent Residence Permit.

Article 23

All districts shall attend to the school enrollment and progression of the children of the persons who have studied abroad. For children of such persons with the Shanghai Overseas Talent Residence, at the preschool education stage and compulsory education stage, the local education administrative department in their place of residence may, in accordance with relevant provisions and the principle of proximity, arrange for their school enrollment procedures. If such children complete the senior high school education in this Municipality and obtain a high school diploma, they may take the national college entrance examination (Gaokao) in this Municipality in accordance with relevant provisions, and may apply to the higher education institutions that have admission quotas for this Municipality. The children of the eligible persons who have studied abroad may enroll in the schools for expatriates' children in this Municipality.

All relevant departments and units shall actively create conditions to better meet the educational needs of such persons' children with foreign nationality, and further optimize the layout of the schools for expatriates' children. For the high-level persons who have studied abroad, the relevant departments and units shall assist them for their children's enrollment in the schools for expatriates' children in accordance with relevant provisions, and shall, in the area with a relatively high concentration of expatriates, gradually perfect the mechanism for local primary and secondary schools to admit foreign students.

Article 24

The persons who have studied abroad and have acquired foreign nationality and hold the Shanghai Overseas Talent Residence Permit may apply for the work permit in accordance with the current practice in the Lin-gang Special Area, and may apply for the residence permit valid for a period that does not exceed the validity period of their Shanghai Overseas Talent Residence Permit. The employer of such persons shall assist to handle the relevant procedures.

Article 25

The persons who have studied abroad with the Shanghai Overseas Talent Residence Permit may, during their employment in Shanghai, participate in this Municipality's professional title evaluations, professional (practicing) qualification examinations, and professional (practicing) qualification registration in accordance with relevant provisions. For the eligible high-level persons who have studied abroad, their overseas professional work experience, academic research achievements, and scientific and technological innovation contributions may serve as criteria for evaluation for the senior professional title, without being subject to the minimum duration requirements of domestic employment. The overseas professional qualification held by the persons who have studied abroad shall, in accordance with relevant provisions, be recognized and aligned with the equivalent professional title.

Article 26

The persons who have studied abroad shall, in accordance with relevant provisions prescribed by the State and this Municipality, participate in the social insurance, and those who meet the relevant requirements shall be entitled to corresponding social insurance benefits. Their unemployed spouses, and children under the age of 18 or in senior high school may, in accordance with relevant provisions, participate in this Municipality's basic medical insurance for urban and rural residents and enjoy the corresponding benefits, and the family members shall be supported to use the family pooled funds in accordance with relevant provisions.

Article 27

The persons who have studied abroad and have acquired foreign nationality and hold the Shanghai Overseas Talent Residence Permit may, upon the basis of establishing a labor (employment) relationship with an employer in this Municipality and reaching a mutual agreement, make contributions to and withdraw from the housing provident fund, and apply for housing provident fund loans in accordance with relevant provisions. If the labor (employment) relationship with the employer in this Municipality is terminated or concluded, they may handle the procedures, such as the account freezing and transfer of the housing provident fund, in accordance with relevant provisions.

Article 28

The persons who have studied abroad and have acquired foreign nationality and hold the Shanghai Overseas Talent Residence Permit may, in accordance with relevant provisions, apply for or renew a motor vehicle driver's license in this Municipality, register a motor vehicle, and apply for the participation in the auction for non-commercial passenger vehicle quotas.

Article 29

This Municipality shall provide the persons who have studied abroad and have acquired foreign nationality with the residence and entry and exit facilitation. The high-level persons who have studied abroad and who have acquired foreign nationality may, in accordance with relevant provisions, apply for a residence permit for work (with "Talent" endorsement) or an R visa (talent visa), and the high-level persons who have studied abroad and who have acquired foreign nationality, or the persons who have studied abroad and meet the criteria for the market-oriented talent recognition may, upon the recommendation by the relevant department or the employer unit, apply for a permanent residence in China in accordance with relevant provisions.

Article 30

All relevant departments and units, and all districts shall strengthen the fund coordination to provide the high-level persons who have studied abroad with support for their coming to Shanghai for work and/or entrepreneurship.

Article 31

All relevant departments and units, and all districts shall attend to the employment of spouses of the high-level persons who have studied abroad and such spouses may, under equal conditions, be given a priority in hiring.

Article 32

The eligible high-level persons who have studied abroad recognized by the Municipal Talent Bureau may, in accordance with relevant provisions, enjoy the benefits such as "green channel" services for permanent residence registration and the application for Shanghai Overseas Talent Residence Permit, opening personal free trade accounts, and customs clearance facilitation.

Article 33

The eligible persons who have studied abroad may, in accordance with the Civil Servant Law of the People's Republic of China and other relevant laws, regulations, and provisions, apply for and take the civil service recruitment examination in this Municipality. The foreign (overseas) academic degrees or diplomas obtained by them, once authenticated by the Chinese Service Center for Scholarly Exchange of the Ministry of Education, and recognized as the equivalent to domestic academic degrees or diplomas, may serve as a relevant basis for the application and examination.

Article 34

The insurance enterprises in this Municipality shall be encouraged to develop commercial medical insurance products tailored to the medical needs of the persons who have studied abroad. The hospitals with appropriate conditions shall be encouraged and supported to strengthen the cooperation with domestic and foreign insurance companies and to join the direct billing network system of international medical insurance. And the market entities shall be supported to establish a settlement platform for the third-party international medical insurance.

Article 35

The remuneration for the persons who have studied abroad working in this Municipality shall be determined on a preferential basis through negotiations between the employer unit and the persons who have studied abroad, taking into account the position held and the individual's contributions. The public institutions with a high concentration of high-level talents, such as higher education institutions and research institutions, may, within a number not exceeding a certain percentage of their authorized staff size, independently recognize the outstanding persons who have studied abroad as high-level talents, and determine their remuneration levels using annual salary systems or agreement-based salary systems, without being subject to the cap on the total performance-related pay of the institution. Enterprises shall be encouraged to establish an enterprise annuity for employees, including the persons who have studied abroad. The enterprise located in the park that has already established a talent enterprise annuity may give priority to establishing the annuity for the persons who have studied abroad.

Article 36

Overseas returnees may, in accordance with relevant provisions, be included in the municipal and district-level housing security systems for talents. And this Municipality shall encourage all districts and relevant departments and units to provide rental subsidies or physical housing units for lease to the outstanding persons who have studied abroad and are engaged in technological innovation and entrepreneurship.

Article 37

The contributions, profits, capital gains, income from asset disposal, income from liquidation and similar funds of foreign-invested enterprises established by the persons who have studied abroad may be remitted into or out of China in CNY or foreign currency in accordance with law.

Article 38

The persons who have studied abroad shall, when importing scientific or educational supplies from abroad for research or teaching purposes, file an application to the customs through their affiliated units that have the tax exemption qualification, such as higher education institutions and research institutions, and the customs shall handle the tax reduction or exemption procedures in accordance with relevant provisions prescribed by the State. If a foreign payment is required for imported goods, the applicant may handle the foreign exchange purchase procedures at any designated foreign exchange bank by presenting the documents such as the import contract, invoice, and the import goods declaration form (foreign exchange copy).

Article 39

The outstanding persons who have studied abroad and work or start businesses in this Municipality shall be commended in accordance with relevant provisions, so as to actively foster a favorable atmosphere of respecting talents.

Chapter V  Supplementary Provision

Article 40

These Provisions shall be effective as of February 1, 2026, and be valid until January 31, 2031.