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Chapter I General Provisions
Article 1
The present Provisions are formulated for the purpose of further implementing
the¡°Decisions of the Central Committee of the Communist Party of China and the
State Council on Further Strengthening the Talent Work¡±, enforcing the key
strategy of¡°reinvigorating the city through science and education¡±, carrying out
the¡°Action Outline for the Strategy of Strengthening the City through Human
Resources in Shanghai¡±, and continuously optimizing the environment for
personnel schooled abroad to work and start an undertaking in Shanghai.
Article 2
These Provisions apply to personnel schooled abroad who work and start an
undertaking in Shanghai, including those who have acquired foreign citizenship
and those who went abroad form Hong Kong, Macao and Taiwan for study.
Article 3
The Municipal Personnel Bureau is the competent department for personnel
schooled abroad who work and start an undertaking in Shanghai, responsible for
formulating and organizing the implementation of the policy and plan for the
introduction of personnel schooled abroad, and shall make the synthesization and
analysis of information on the introduction of such personnel, as well as
conduct appraisal on the benefits from relevant work.
The Municipal Science and Technology Commission, the Municipal Education
Commission, the Municipal Bureau of Public Security, the Municipal
Administration of Industry and Commerce, the Municipal Foreign Assets
Commission, the Municipal Bureau of Quality and Technical Supervision, the
Municipal Finance Bureau, the Municipal Land and Tax Bureau, the Municipal Labor
and Social Security Bureau, the Municipal Informatization Commission, the
Municipal Medical Insurance Bureau, the Municipal Population and Family Planning
Commission, Shanghai Customs, Shanghai Branch of People¡¯s Bank of China,
Shanghai Branch Office of the State Foreign Exchange Administration shall,
according to their respective duties£¬do a good job of encouraging personnel
schooled abroad to work and start an undertaking in Shanghai.
Article 4
Relevant government administrative departments, parks and zones accommodating
enterprises established by personnel schooled abroad, unions of such personnel
and employing units of such personnel shall strengthen the political and
morality education in ideology, politics and morality cultivation for such
personnel so as to make them abide by laws, rules, regulations and social
morality on their own initiative. At the same time, it is necessary to care for
their work and life and offer convenience to them in working and starting an
undertaking in Shanghai.
Article 5
The¡°Joint Meeting for Coordinating the Work of Overseas Talents in Shanghai¡±,
constituted by relevant units, shall mainly solve major problems in the work of
personnel schooled abroad. The Municipal Personnel Bureau shall be responsible
for its routine work.
Chapter II Qualified Conditions and Ways of Serving the Municipality for
Personnel Schooled Abroad
Article 6
Personnel schooled abroad mentioned in these Provisions refer to the
following personnel:
(1) Personnel who study aboard (out of the border) on government scholarship
or at their own expenses and also acquire Bachelor Degree or above abroad (out
of the border);
(2) Visiting professors or people engaged in advanced studies who have got
the Bachelor Degree or above or the middle-level or above qualification for
specialized technical job in China and also make certain achievements after
pursuing advanced studies for one year or more at institutions of higher
learning or research institutes abroad (out of the border).
Article 7
Focus shall be laid on introducing high academic level personnel schooled
abroad who are much needed for strategic industries and key projects in this
Municipality. High academic level personnel schooled abroad referred to in these
Provisions shall, besides meeting the requirements under Article 6, conform to
the following conditions:
(1) Distinguished scientists who are pioneers or founders of a domain or make
great contribution to the development of a domain, thus enjoying certain
prestige in the world¡¯s field of academe or technology;
(2) Experts or scholars who hold the posts corresponding to associate
professors or researchers or above in famous foreign (out of the border)
institutions of higher learning or research institutes;
(3) Senior operation and management experts who hold high management
positions in the world¡¯s famous enterprises, or management personnel and
technicians who hold senior technical posts in famous multinationals or
financial agencies or in famous law (accountant, consultant) offices, thus
knowing well the operation and international rules in relevant fields and
possessing fairly rich experiences;
(4) Experts or scholars who hold the middle or senior management posts in
foreign (out of the border) government agencies, international inter-government
organizations or famous non-government agencies;
(5) Experts or scholars with profound academic attainments who make great
contribution to the development of certain specialty or domain and publish
influential research papers in world¡¯s famous academic journals, or acquire
academic award with international influence and whose academic achievements are
at the forefront of their own industries or fields, and are universally
confirmed in the industry;
(6) Experts or scholars or technicians who are in charge of large-scale
international scientific researches or engineering projects, thus possessing
fairly rich experiences in scientific research or technical engineering
technology;
(7) Special technicians who possess proprietary intellectual property rights
or know-how, such as invention or patent of key techniques;
(8) Particular talents who possess particular specialties and are much needed
in this Municipality.
Article 8
Personnel schooled abroad shall be encouraged to adopt multiple ways to serve
this Municipality¡¯s economic and social development according to relevant laws,
rules, regulations, as well as relevant provisions of the State and this
Municipality:
(1) Holding posts as state civil servant, advisors, expert consultant or
technical experts in state organs;
(2) Establishing new and high-tech enterprises in the form of using
technology or money capital as investment;
(3) Acting as legal representatives for state-owned enterprises;
(4) Being engaged to hold the post or concurrently hold the special technical
post, the middle or senior management post, the consultant or honorary post in
schools, scientific research institutes, medical agencies, cultural and artistic
institutes or organizations, news media, financial agencies, key (open)
laboratories, technology and engineering research centers and other enterprises
or institutions;
(5) Making investment to set up educational and medical agencies or service
agencies, such as architectural design, lawyer, accountant and consulting
offices;
(6) Conducting cooperative researches or establishing cooperative research
and exploitation bases with institutions of higher learning, scientific research
institutes, and enterprises of all kinds by making use of advanced science and
technology, equipment and capital, etc.;
(7) Holding the senior management or technical post in major engineering
works or key projects;
(8) Giving lectures or carrying out academic, cultural or artistic exchange
in this Municipality;
(9) Launching the research and development activity out of the border for
accepting entrusted scientific research projects or entrusting scientific
research projects out of the border to relevant research units or groups in this
Municipality for the latter to conduct research and development;
(10) Cooperating with relevant units or accepting commission to cultivate
talents for employing units by reliance on scientific research, education and
training agencies out of the border;
(11) Registering intermediary agencies to provide intermediary services, such
as introducing foreign capital, technology and projects into this Municipality,
making connection with foreign experts to hold academic and technical exchanges
of all kinds in this Municipality, making connection with foreign academic,
technical organizations to carry out international exchanges and cooperation in
science, technology and economy, as well as engaging in intermediary service out
of the border in promoting the sales of and marketing the products from this
Municipality to exploit international markets;
(12) Being engaged to work in agencies resident out of the border of units in
this Municipality;
(13) Serving this Municipality in other ways.
Chapter III Establishing Enterprises and Other Economic Entities
Article 9
The Municipal Personnel Bureau shall provide relevant services, such as
qualification accreditation for personnel schooled abroad in term of enjoying
preferential policies on the establishment of enterprises. The Municipal
Administration of Industry and Commerce, the Municipal Finance Bureau, the
Municipal Land and Tax Bureau, the Municipal Foreign Assets Commission, the
Municipal Bureau of Quality and Technical Supervision, Shanghai Customs, and
Shanghai Branch Office of the State Foreign Exchange Administration shall
provide centralized services to make it convenient for personnel schooled abroad
to go through relevant procedures, such as enterprise registration.
Article 10
The Municipal Personnel Bureau may first handle the qualification
accreditation applied for by domestic relatives/friends of personnel schooled
abroad on the latter¡¯s commission for the enjoyment of preferential polices in
establishing enterprises, and then departments concerned will go through
relevant procedures for the convenience of personnel schooled abroad in
establishing enterprises in Shanghai.
Article 11
Parks and zones accommodating enterprises established by personnel schooled
abroad shall be set up in this Municipality. Such parks and zones may enjoy
preferential polices for incubation agencies in new and high-tech development
zones and economic and technological development zones and also may introduce
and set up some specialized venture capital or enterprising capital.
Article 12
Parks and zones accommodating enterprises established by personnel schooled
abroad with conditions shall be encouraged and supported to set up seed capital
and secured capital in order to provide capital support and financing guarantee
for personnel schooled abroad in establishing enterprises, thus creating
conditions for enterprises in parks and zones to attract international
enterprising investment and strive for listing.
Article 13
When personnel schooled abroad establish enterprises in parks and zones, all
parks and zones shall provide convenient services, simplifying procedures and
reduce links in the aspects of enterprise registration, land use, taxation,
commodity inspection, imports and exports agency, business affairs, public
utilities, labor and personnel, and also shall offer preferential treatment to
enterprises of personnel schooled abroad registered in parks and zones in terms
of ground leasing, capital support and information service. At the same time, it
is necessary to assist personnel schooled abroad in submitting reports for
government-financed projects of all kinds according to procedures.
Article 14
Governments at all levels shall intensify efforts to give support for parks
and zones accommodating enterprises established by personnel schooled abroad,
actively support them in setting up such parks and zones and caring for them in
the construction and development of such parks and zones. It is necessary to
form the appraisal mechanism for new and high-tech projects in such parks and
zones and select enterprises with high technology content to be moved to parks
and zones so as to turn such parks and zones into real bases for incubating new
and high-tech enterprises of personnel schooled abroad and transforming their
innovative scientific research achievements.
Article 15
The Municipal Personnel Bureau shall, in conjunction with district/county
people¡¯s governments as well as relevant administrative departments strengthen
guidance, support and management of parks and zones accommodating enterprises
established by personnel schooled abroad. The Municipal Personnel Bureau shall
conduct inspection and appraisal on such parks and zones at regular intervals.
Chapter IV Relevant Treatment
Article 16
Personnel schooled abroad who work or start an undertaking in this
Municipality may apply for¡°Shanghai Residence Card¡±according to relevant
provisions. Among them, those who acquire foreign citizenship may apply for
the¡°Shanghai Residence Card B¡±.
Article 17
In this Municipality, all district/county people¡¯s governments shall be
encouraged to set up classes for children of personnel schooled abroad and to
care for their enrollment and admission into higher schools. Children of
personnel schooled abroad who hold the valid¡°Shanghai Residence Card B¡±may enjoy
equal treatment as citizens in this Municipality in preschool education and
compulsory education period. In respect of those children who have lived in
foreign country for more than 5 years and also take part in the examination for
admission from junior high school to senior high school within the period of
adapting to inland language (3 years), the bottom mark for enrolment may be
appropriately reduced. Children of personnel schooled abroad who hold the
valid¡°Shanghai Residence Card B¡±, after acquiring the graduation diploma for
senior high school, may register for examination for enrollment in institutions
of higher learning under this Municipality.
Article 18
In case personnel schooled abroad with foreign citizenship who hold
the¡°Shanghai Residence Card B¡±have to come in and go out the country for many
times, the municipal public security department shall go through the procedures
for multiple entry and exit visa according to the valid period of their¡°Shanghai
Residence Card B¡±. Units that employ such personnel shall assist them in going
through relevant procedures.
Article 19
Personnel schooled abroad, after acquiring¡°Shanghai Residence Card B¡±, may be
exempt from other employment permit.
Article 20
Personnel schooled abroad with¡°Shanghai Residence Card B¡±may, during their
work period in Shanghai, take part in the appraisal or examination for acquiring
the qualification for holding a specialized technical post and the examination
and registration for specialized technical professional qualification.
Article 21
In respect of high academic level personnel schooled abroad who settle down
in Shanghai to work or start an undertaking, they themselves, their spouse or
children returning with them, their inland spouse who has been transferred and
moved with them, as well as their inland children who are below 16 years old or
study in the general middle school may apply for registered permanent residence
in this Municipality or¡°Shanghai Residence Card¡±with the Municipal Personnel
Bureau according to relevant provisions of this Municipality.
Article 22
A special fund shall be set up and outlay be raised from multiple channels in
this Municipality for use as financial aid and relevant subsidies for high
academic level personnel schooled abroad to start an undertaking, work or give
lectures on short term in Shanghai. The procedures on the raising, use and
management of the special fund shall be formulated by the Municipal Personnel
Bureau, jointly with the Municipal Finance Bureau, the Municipal Land and Tax
Bureau, the Municipal Science and Technology Commission, the Municipal
Informatization Commission. Outlay are raised according to relevant State
provisions.
District/county people¡¯s governments may correspondingly set up the necessary
special fund for supporting high academic level personnel schooled abroad to
start an undertaking or work in Shanghai.
Article 23
All units in this Municipality shall care for the employment of the spouse of
high academic level personnel schooled abroad, and shall, under equal condition,
give precedence to their employment.
Article 24
Financial agencies of all kinds, venture capital in or out of the border, and
private capital shall be encouraged to form venture capital for personnel
schooled abroad to provide capital support for enterprises of those personnel
according to relevant provisions of the State and this Municipality.
Article 25
The salaries drawn in Shanghai, of personnel schooled abroad who are engaged
in accredited transformation projects of new and high-tech achievements may,
according to the stipulations, enjoy the additional deduction thereof upon the
calculation of the payable personnel income tax.
Article 26
Personnel schooled abroad may register for examination for the post of state
civil servants in this Municipality according to relevant laws, rules and
regulations. The Municipal Personnel Bureau shall, in the light of the
characteristics of personnel schooled abroad and the requirements of government
organs, organize those who meet the requirements to take part in the examination
for recruiting state civil servants, and shall also recruit those who satisfy
conditions on the principle of openness, justice and fairness.
Article 27
In case overseas personnel schooled abroad with foreign citizenship who work
and start an undertaking in Shanghai may, after acquiring the¡°Shanghai Residence
Card B¡±, apply for social insurance according to relevant provisions of this
Municipality and also enjoy corresponding treatment.
Article 28
Hospitals with conditions in this Municipality shall be encouraged to
cooperate with insurance companies in and out of the border to launch commercial
medical insurance for the convenience of personnel schooled abroad in seeking
medical advice in Shanghai.
Article 29
In case both husband and wife who are personnel schooled abroad settle down
in Shanghai to work and start an undertaking and also hold Chinese visa, their
second child born aboard or born in this Municipality after gestation period may
acquire permanent residence household in this Municipality along with their
parents according to relevant provisions of this Municipality.
Article 30
The remuneration to be paid to the personnel schooled abroad who work in this
Municipality shall be determined generously by the engaging units through
consultation with the personnel according to the posts they hold and their
contributions.
Article 31
The problem of housing of personnel schooled abroad during their work in this
Municipality shall be solved through consultation that the engaging units held
with them. Their lodging may be either provided by the engaging units in the way
of employment contract, or be rented or bought by them according to the
principle of monetization of housing.
Article 32
Personnel schooled abroad may go through the procedures of purchasing foreign
exchange with the RMB money realized from the profits in RMB gained by
foreign-capital enterprises, joint ventures and cooperative businesses set up by
them after their return to the home county or their lawful income in RMB during
the period of their work in Shanghai at any designated banks operating business
in foreign exchange.
Article 33
In case personnel schooled abroad need to import science and educational
articles to meet their urgent needs in scientific research and teaching work in
Shanghai, their work units shall make an application to the customs and the
latter shall go through the procedures of reducing or waiving customs duties
according to relevant State provisions. In case it is necessary to pay for
imported articles, their work units may go through the purchase and remittance
procedures at the designated banks operating business in foreign exchange with
relevant materials, such as import contract, invoice, and customs declaration of
payment of foreign exchange for the imported articles.
Article 34
Overseas personnel schooled abroad who work or settle down in Shanghai may
apply for the import of articles for their own use in their work or life with
the certificate issued by the Municipal Personnel Bureau and the customs shall
grant duty-free clearance of these articles except those listed as dutiable by
State provisions.
Article 35
Within the scope of industries in which investment is encouraged by the State
and this Municipality, personnel schooled abroad may use their technique patent,
scientific and technological achievements in the form of technology transfer,
technology contract, technological investment, etc. and may set up enterprises
by themselves or cooperate and establish joint-ventures with enterprises in this
Municipality, and also may make investment in Shanghai in private name or in the
name of the company registered abroad. Personnel schooled abroad may enjoy the
lowest quota standard of registration capital in registering enterprises of the
same kind.
Article 36
Personnel schooled abroad who make extraordinary contribution to this
Municipality shall be given awards, taking into consideration the specific
circumstances.
Article 37
Units benefiting from overseas projects introduced by personnel schooled
abroad proper through opening channels may grant those personnel a certain
proportion of remuneration.
Chapter V Supplementary Provisions
Article 38
These provisions shall become effective on January 1, 2006.¡°Provisions of
Shanghai Municipality on Encouraging Personnel Schooled Abroad to Work in
Shanghai¡±(SMPG G [1992] No.23) and¡°Provisions of Shanghai Municipality on the
Introduction of High Academic Level Overseas Personnel Schooled Abroad¡±(SMPG G
[1997] No. 14) shall be repealed at the same time. |
