Notice of Shanghai Municipal Peoples Government on Issuing the Procedures for Applying for the Permanent Residence for the Holders of the Residence Permit of Shanghai Municipality in This Municipality

SMPG D [2019] No. 45

Attention:All District Peoples Governments and all Commissions, Offices and Bureaus of the Municipal People’s Government:

We hereby issue to you the Procedures for Applying for the Permanent Residence for the Holders of the Residence Permit of Shanghai Municipality in This Municipality and you are required to implement them conscientiously.

Shanghai Municipal Peoples Government

December 30, 2019

Procedures for Applying for the Permanent Residence for the Holders of

the Residence Permit of Shanghai Municipality in This Municipality

　　

Article 1(Purpose and Basis)

With a view to deepening the reform of household registration management, improving the residence permit system, continuously optimizing the business environment, and attracting talents to Shanghai, these Procedures are formulated in accordance with relevant laws and rules and the Procedures for the Management of Shanghai Residence Permit.

Article 2(Guiding Principle)

In accordance with the principle of equal rights and obligations, adherence will be given to open policies, unified standards, standardized procedures and convenient handling.

Article 3(Applicable Object)

These Procedures are applicable to the domestic personnel (hereinafter referred to as the permit holders) who work in the employing units registered within the administrative regions of this Municipality and hold the Residence Permit of Shanghai Municipality.

Article 4(Administrative Department)

The municipalhuman resources and social security department shall be responsible for the examination and approval of the application for the permanent residence in this Municipality. The municipal public security department is responsible for the relevant settlement work. The municipal development and reform department shall be responsible for the policy coordination in the implementation of these Procedures, and shall, in accordance with the economic and social development of this Municipality, comprehensively balance and rationally plan the population development, and supervise and evaluate the implementation of the policies. The municipal housing management, tax, education, health, market supervision and other departments shall, in accordance with their respective responsibilities, do a good job in their management related to these Procedures.

Article 5(Application Requirement)

When applying for permanent residence in this Municipality, the permit holders shall meet the following requirements at the meantime:

1. holding the Residence Permit of Shanghai Municipality for at least 7 years;

2. during the periods of permit holding, their participation in the urban social insurance of this Municipality last for at least 7 years in accordance with the provisions;

3. paying personal income tax in this Municipality according to law during the periods of permit holding;

4. being evaluated and employed in this Municipality as professionals with intermediate or above professional and technical positions or having professional qualification of technician (national secondary vocational qualification certificate) or above, and their positions corresponding to the specialties and work types; and

5. in compliance with the current family planning policies of the State and this Municipality, no criminal records and other circumstances unsuitable for transfer to permanent residence.

Article 6(Incentive Requirement)

The permit holders meeting one of the following conditions, may apply for permanent residence in this Municipality preferentially: 　　

1. Those who have made significant contributions and obtained corresponding awards in this Municipality, or who have been evaluated and employed for senior professional and technical posts or as senior technicians (national first-class vocational qualification certificate) in this Municipality, and whose professions and work types correspond to the posts they have employed for, may not be subject to the restrictions of permit holding and participating years as prescribed in Paragraph 1 and 2 of Article 5; 　

2. For those who have worked in education, health and other posts in the outskirts of this Municipality for more than 5 years, the periods of permit holding and participating in social insurance may be shortened to 5 years; 　　

3. The technical management and key position personnel who have paid in this Municipality the basic urban social insurance twice or more than twice the average salaries of the employees in the previous year in this Municipality for the last three consecutive years, or those with taxable salary income in the last three consecutive years higher than the average annual salary income of the intermediate technical, skilled or managerial positions in the same industries in the last three consecutive years, may not be subject to the restrictionson professional and technical posts or professional qualification levels specified in Paragraph 4 of Article 5; 　

4. The relevant investment and entrepreneurship talents whose accumulated total amount of payment and the minimum amount of payment each year in the last three consecutive tax years have reached the standards prescribed by this Municipality according to the calculation of individuals direct investment (or investment share) in this Municipality, or whose employees in this Municipality have reached the specified standards of staff number for three consecutive years, may not be subject to the restrictions on professional and technical posts or professional qualification levels specified in Paragraph 4 of Article 5.

Article 7 (Application Filing)

Thosepermit holders who meet the requirements of Articles 5 and 6 and apply for permanent residence in this Municipality, may apply to their employers and provide the application materials. After examining the personal application materials, the employers shall submit their application to the human resources and social security departments via the “all handle through one access” of this Municipality.

Article 8(Application Material)

The application materials for applying for permanent residence in this Municipality include:

1. valid identity certificates and the Residence Permit Holder’s Application Form for Permanent Residence in This Municipality;

2. individual income tax or enterprise tax payment certificates issued by the tax authorities above the district level;

3. professional and technical position, professional qualification certificates and relevant employment (labor) contracts;

4. personal commitments of being in compliance with the current family planning policies of the State and this Municipality and no criminal records;

5. the property right certificates or certificates of renting public houses of the units or relatives agreeing to accept the settlement; and

6. other necessary materials required by relevant departments.

The permit holders meeting the provisions of Article 6 and applying for the priority of permanent residence handling in this Municipality shall also submit the corresponding materials.

Article 9(Acceptance)

The human resources and social security departments shall, after receiving the application materials via “all handle through one access” of this Municipality, accept the materials that are complete and effective on site; if the materials are not complete, they shall inform the applicants to make up the relevant materials.

Article 10(Examination and Approval)

The human resources and social security departments shall examine the application materials according to the specified requirements, complete the examination within the specified time and inform the results.

Article 11(Residence Transfer)

According to the relevant provisions of the public security departments, the permit holders shall go through the procedures of transfer and settlement with the Transfer-in Permit and the Residence Transfer Certificate.

Article 12(Family Member Transfer)

The spouses of the permit holders meeting the prescribed requirements may apply for permanent residence in this Municipality at the same time; those not meeting the requirements may apply for permanent residence in this Municipality in accordance with the existing settlement policies. Minor children may transfer along with them.

Article 13(Legal Liability)

The staff members of administrative organs shall perform their duties according to law. In the process of implementing these Procedures, those who engage in malpractices for personal gains, abusing their power, demanding bribes or accepting bribes shall be punished by the units to which they belong; those who have committed crimes shall be investigated for criminal liabilities according to law.

The permit holders and their employing units shall make written commitments to the authenticity of the relevant materials provided, and they are strictly prohibited to falsify or forge such materials. Once fraud or forgery is found, their application qualification will be canceled and relevant information will be included in the Shanghai Public Credit Information Service Platform. The permanent residence obtained by means of fraud shall be canceled in a timely manner; those having committed crimes shall be investigated for criminal liabilities according to law.

Article 14 (Implementation Rules)

The municipal human resources and social security department shall, together with the relevant municipal departments, formulate the corresponding implementation rules in accordance with these Procedures.

Article 15(Duration of Implementation)

These Procedures shall be effective as of January 1, 2020 and be valid until December 31, 2024.