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Notice of Shanghai Municipal People's Government on Issuing the Revised Administration Measures Concerning Residence Passes for Overseas Talent

12-31-2020

To the People's Governments of all districts of Shanghai Municipality, all committees, offices, bureaus and administrations of Shanghai Municipal Government:

The revised Administration Measures Concerning Residence Passes for Overseas Talent are hereby issued. Please implement them.


General Office of the Shanghai Municipal People’s Government

July 9, 2020



Administration Measures Concerning Residence Passes for Overseas Talent

Issued by the General Office of the Shanghai Municipal People’s Government on July 13, 2020


Chapter One General Provisions

Article 1 (Purpose)

These measures are formulated in order to enhance the engagement of overseas talent, optimize the environment for in-coming talent, attract more overseas talent to work or start businesses in Shanghai, and provide stronger talent resource support for Shanghai's economic and social development.

Article 2 (Applicability)

These Measures apply to people who have a bachelor's degree or a more advanced degree and special talent now legally working or starting a business in Shanghai, including: overseas Chinese students who have been naturalized as foreign nationals; top-notch foreign professionals; overseas Chinese students and other professionals who hold Chinese passports, have permanent (long-term) residency abroad, but have no Chinese household registration; professionals from Hong Kong and Macao Special Administrative Regions, and professionals from Taiwan.

The scope of and conditions for identifying “special talent” shall be determined by Shanghai Municipal Bureau of Human Resources and Social Security in accordance with the needs from time to time for the city's economic and social development in consultation with other competent authorities.

Article 3 (Division of Duty)

Shanghai Municipal Bureau of Human Resources and Social Security is responsible for acceptance and approval of applications for Shanghai Residence Passes for Overseas Talent. The Municipal Public Security Bureau is responsible for the production and issuance of Shanghai Residence Passes for Overseas Talent. The Municipal Economy and Information Technology Commission, the Municipal Commission of Commerce, the Municipal Education Commission, the Municipal Science and Technology Commission, the Municipal Finance Bureau, the Municipal Housing and Urban-Rural Construction Commission, the Municipal Transportation Commission, the Municipal Health Commission, the Municipal Market Supervision Bureau, the Municipal Medical Insurance Bureau, the Municipal Taxation Bureau, the Shanghai Branch of the State Administration of Foreign Exchanges, Shanghai Customs, and the Shanghai Headquarters of the People's Bank of China will exercise their respective duties in the scope of their powers.

Chapter II General Provisions on Certificates

Article 4 (Certificate Uses and Categories)

A Shanghai Residence Pass for Overseas Talent is the proof that the holder works, lives and is eligible for relevant benefits in this city. Shanghai Residence Passes for Overseas Talent include the Principal Pass and the Attache Pass. Eligible overseas talent can apply for a Principal Pass, while their spouse and their kids who are under the age of 18 or are attending high school can apply for the Attache Pass.

Article 5 (Basic Information)

A Shanghai Residence Pass for Overseas Talent shows the name, gender, date of birth, nationality (region), document type and number, recent photo, date of issuance, issuer name, and expiration date.

Article 6 (Validity)

The validity period of Shanghai Residence Passes for Overseas Talent can be 1 to 5 years or 10 years. The Shanghai Municipal Bureau of Human Resources and Social Security determines the validity period of residence passes issued to overseas talent based on the applicant's age, academic degree, profession, work qualifications, validity period of valid ID document, work (employment) pass and employment (labor) contract, as well as positions offered to them in China. Returned overseas Chinese students working in China (Shanghai) Pilot Free Trade Zone Lin-Gang Special Area, Zhangjiang Science City and Hongqiao Business Zone can directly apply for long-term (valid up to 10 years) Residence Passes.

Chapter III Application for Certificates

Article 7 (Application)

For applicants who want to get a Residence Pass for Overseas Talent, the applicants' organization (affiliation) shall submit the application to the human resources and social security department through the Shanghai e-government services system on the behalf of applicants.

Article 8 (Documentation for Application)

To apply for a Shanghai Residence Pass for Overseas Talent, the following materials must be provided:

(1) An application form;

(2) A valid ID card;

(3) Academic degree certificates, professional title certificates and other materials that qualify the applicant;

(4) Proof of residence (address) in this city;

(5) A valid health certificate; (6) Employment (labor) contract;

(7) Proof of payment of personal income tax during employment. Applicants and their employers shall be responsible for the authenticity of the materials submitted for application.

Article 9 (Acceptance of Application)

After receiving the application materials, the responsible department shall confirm the acceptance of the application if the materials are deemed complete and effective; where any documentation is missing, the department shall ask the applicant to provide the missing material(s). The responsible department shall forward the application information and submitted materials to the Municipal Bureau of Human Resources and Social Security within 2 working days from the date of acceptance.

Article 10 (Verification and Approval)

The Municipal Bureau Human Resources and Social Security shall complete the verification and approval process within 7 working days from the date of receiving the application information and materials. If all requirements are met, a written notice of approval shall be issued; or otherwise the applicant shall be notified accordingly in writing.

Article 11 (Pass Issuance)

Shanghai Residence Passes for Overseas Talent are issued by the Municipal Public Security Bureau. Where an applicant is deemed to have met all requirements, the certificate producing department of the Municipal Public Security Bureau shall complete the pass production within 10 working days. The Exit-Entry Administration of the Municipal Public Security Bureau is responsible for issuing residence passes. Electronic residence passes will be issued simultaneously and stored in the municipal electronic certificate database. Electronic passes and paper passes are equally authentic.

Article 12 (Change of Pass Status and Other Information)

If a pass holder resigns before the expiry date of the pass, the original employer must declare the suspension through Shanghai's integrated online government services platform (e-government services system) within 30 days. If any change occurs to the holder’s employer, ID number or other information before the expiry date, the employer shall declare the change through Shanghai's integrated online government services platform within 30 days.

Article 13 (Pass Renewal)

Where a pass has expired, but the holder needs to renew the pass, the holder's employer must complete the renewal procedures through Shanghai's integrated online government services platform within 30 days.

Article 14 (Loss and Reissue)

If a paper pass is lost, the holder's employer must promptly report the loss through Shanghai's integrated online government services platform.

Article 15 (Cancellation)

Where any change occurs to the status of the pass holder changes which makes the holder illegible for the Shanghai Residence Pass for Overseas Talent, or the holder voluntarily submits an application for cancellation of his or her Residence Pass for Overseas Talent, the Municipal Bureau of Human Resources and Social Security shall cancel his or her pass.

Where the employer or the applicant has forged, altered, or used forged or altered application materials in the application process, the Municipal Bureau of Human Resources and Social Security shall, based on the severity of case, suspend or cancel the qualification of the employer and cancel the registration of the applicant's documentations.

Article 16 (Legal Liability)

Employers and applicants shall abide by relevant laws and regulations. Where violation of laws and regulations happens, the employer and the applicant shall assume legal liabilities according to law, and the employer will be put in the negative list in the Public Credit Information Service Platform of Shanghai according to relevant laws and regulations.

Chapter IV Benefits for Pass Holders

Article 17 (Residency)

Any holder of Shanghai Residence Passes for Overseas Talent can apply for residency in Shanghai valid up to 5 years. Any holder of Shanghai Residence Pass for Overseas Talent with a validity period of over 5 years may get a Certificate of High-level Talent from the Municipal Bureau Human Resources and Social Security and, with the support of the certificate, apply to an office of the Entry-exit Administration of the Municipal Public Security for residency in Shanghai with a validity period of 5 years.

Article 18 (Work Permit)

Any holder of Shanghai Residence Pass for Overseas Talent who has studied abroad and has become a foreign national can apply for a work permit in accordance with the current regulations implemented in China (Shanghai) Pilot Free Trade Zone Lin-Gang Special Area.

Article 19 (Entrepreneurship)

Any holder of Shanghai Residence Pass for Overseas Talent can start businesses in Shanghai, and those who are eligible can apply for guaranteed entrepreneurship loans, social insurance subsidies for business startups, rent subsidies for business startup venues, and awards for outstanding innovation and entrepreneurship projects.

Article 20 (Employment in Government Departments)

Any holder of Shanghai Residence Pass for Overseas Talent can get a job in government departments through short-term or project-based employment contracts, upon approval by the administrative authority of Shanghai Municipality.

Article 21 (Social Insurance)

Holders of Shanghai Residence Passes for Overseas Talent who work as employees in Shanghai shall be covered by the social insurance system for urban employees of Shanghai in accordance with the relevant regulations of the State and Shanghai Municipality. If they are proved eligible after verification, they shall be entitled to social insurance benefits in accordance with law; and their unemployed spouse and children under the age of 18 or children in high school shall be covered by the basic medical insurance for urban and rural residents of Shanghai Municipality and be entitled to corresponding benefits.

Article 22 (Providence Fund)

Holders of Shanghai Residence Passes for Overseas Talent who work as employees in Shanghai may, through a consensus with their employer, contribute to the housing providence fund (HPF), and may apply for HPF loans in accordance with the relevant regulations of Shanghai municipality. Any holder of Shanghai Residence Pass for Overseas Talent who terminates the labor (employment) contract with the current employer in Shanghai can go through relevant procedures for blocking and transferring their HPF accounts in accordance with regulations.

Article 23 (Children's Education)

Holders of Shanghai Residence Passes for Overseas Talent residing in Shanghai can send their children to pre-school education or compulsory education institutions in Shanghai, in accordance with relevant regulations of Shanghai Municipality, after going through necessary formalities with the education administrative authority for the place of residence which shall find appropriate schools for the children following the principle of proximity. Where a holder of Shanghai Residence Pass for Overseas Talent is an overseas returnee and his or her child or children have lived abroad for more than 5 years and are still in the phase of language adaptation (3 years), and participate in Shanghai’s high school entrance examination, his or her child or children shall be given some bonus points for admission; their children who have studied in high school in Shanghai and have obtained a high school graduation diploma can take the college entrance examination in Shanghai according to relevant regulations and apply for admission to colleges and universities that have enrollment plans in this city.

Article 24 (Qualification Assessment, Examination and Registration)

Holders of Shanghai Residence Passes for Overseas Talent may, in accordance with relevant regulations of the State and Shanghai Municipality, take technical and professional (practitioner) qualification examinations in Shanghai, and register their professional (practitioner) qualification.

Article 25 (Special Talent Development Fund)

A holder of Shanghai Residence Pass for Overseas Talent who is an overseas returnee or a professional talent from Hong Kong, Macao or Taiwan is eligible for financial support by Shanghai Municipal Special Fund for Talent Development in accordance with regulations.

Article 26 (Facilitation for Customs Clearance)

For a holder of Shanghai Residence Pass for Overseas Talent is a high-level overseas talent, the customs clearance procedures can be simplified. The Municipal Bureau of Human Resources and Social Security will issue a Certificate of High-level Talent, by which the Customs will facilitate the clearance procedures for goods for scientific research, teaching, and personal use purposes imported through personal belongings, logistics transportation, postal delivery, and courier delivery.

Article 27 (Settlement in Shanghai)

Eligible professional talent from Hong Kong and Macao who come by the Mainland Travel Pass for Hong Kong and Macao Residents with a validity period of over 3 years and voluntarily give up their Hong Kong and Macao residency can apply to the Exit-Entry Administration of Shanghai Municipal Public Security Bureau for settling down in Shanghai.

Article 28 (Permanent Residence)

Foreign holders of Shanghai Residence Passes for Overseas Talent with a validity period of over 5 years who are eligible for permanent residence in Shanghai may get priority recommendation from Shanghai Municipal Bureau of Human Resources and Social Security to apply for permanent residence in China. Foreign talent holding a Foreign Permanent Residence ID Card can directly apply for a Residence Pass for Overseas Talent that matches the validity period of the Foreign Permanent Resident ID Card.

Shanghai will implement a pilot program to issue Residence Passes for Overseas Talent to foreign talent who hold a Foreign Permanent Resident ID Card and work or run a business in the Yangtze River Delta Integrated Development Demonstration Zone.

Article 29 (Financial Services)

Eligible holders of Shanghai Residence Passes for Overseas Talent can apply for a RMB credit card from a bank. Holders of Shanghai Residence Passes for Overseas Talent who pay taxes and obtain tax vouchers from the taxation authority may convert their legal income during their stay in Shanghai into foreign exchanges and remit them abroad in accordance with relevant regulations for foreign exchanges administration.

Article 30 (Driver's License)

Holders of Shanghai Residence Passes for Overseas Talent may apply for or renew a motor vehicle driver's license or register their motor vehicle in Shanghai by going through necessary procedures in accordance with relevant regulations of the State and Shanghai Municipality.

Article 31 (Non-commercial Passenger Car Quota)

Holders of Shanghai Residence Passes for Overseas Talent may participate in auctions of non-commercial passenger car quotas in accordance with relevant regulations of Shanghai Municipality.

Article 32 (Selection and Commendation)

Holders of Shanghai Residence Passes for Overseas Talent can participate in selection for commendations and awards in Shanghai in accordance with regulations and be entitled to corresponding benefits.

Article 33 (Government Services)

Holders of Shanghai Residence Passes for Overseas Talent can register with a government service app called "Suishenban Citizen Cloud" after real-name authentication and have access to various government services.

Chapter 5 Supplementary Provisions

Article 34 (Transitional Clause)

After the implementation of these Measures, the original Shanghai Residence Pass Type B will remain valid within the validity period. After the expiry date, the renewal procedures shall be handled in accordance with these Measures.

Article 35 (Implementation Rules)

The Municipal Bureau of Human Resources and Social Security shall formulate implementation rules for these Measures.

Article 36 (Effective Date)

The Measures shall enter into effective on July 1, 2020, and shall be valid until June 30, 2025.



Cc: Various departments of the CPC Shanghai Municipal Committee, the General Office of the Standing Committee of Shanghai Municipal People's Congress, the General Office of the CPPCC Shanghai Municipal Committee, Shanghai Municipal Supervisory Commission, the Municipal High Court, and the Municipal Procuratorate.