Provisional Regulations on Residence Permits

Source:http://news.ifeng.com/a/20151212/46639117_0.shtml

State Council of the People's Republic of China Decree

No. 663

The "Provisional Regulations on Residence Permits" were passed on October 2015 by the 109th executive meeting of the State Council,and are hereby promulgated to be implemented starting January 1, 2016.

Prime Minister Li keqiang

November 26, 2015

Provisional Regulations on Residence Permits

Article 1: These Regulations are formulated in order to promote the healthy development of the new form of urbanization, to advance full coverage of the resident population for basic urban public services and support, to protect citizens' legitimate rights and interests, and promote social fairness and justice.

Article 2: Citizens who have left their permanent place of household registration, and resided in another city for a half year or more, that meet any of the requirements of having stable employment, a stable residence, or continuously in study; may apply for a residence permit.

Article 3: Residence permit are a residence permit holder's proof of residency, enjoyment of basic public services and support as part of the permanent population, and apply and register for permanent household registration.

Article 4: Content on residence permits includes: full name, sex, date of birth, citizen identification number, a photo, address at place of permanent household registration, address of residence, name of issuing organ and the date of issue.

Article 5: People's governments at the county level and above shall establish and complete mechanisms for to provide basic public services and support to residence permit holders. Departments of people's governments at the county level or above, such as for development and reform, education, public security, civil affairs, judicial administration, human resources and social security, housing and urban-rural construction, and health and family planning, shall do rights protection, service and management work for residence permit holders in accordance with their respective responsibilities,

Article 6: People's governments at the county level or above shall include provision of basic public services and accomodations to residence permit holders in the national economic and social development plans, improve systems for payment transfers, and include costs for provision of basic public services and accomodations to residence permit holders in finance budgets.

Article 7: The relevant departments of people's governments at the county level or above shall establish and improve the population databases, improving categorized systems for information in areas such as employment, education, social security, housing, credit, health and family planning and marriage, also efforts to collect and register permanent resident card holders' information, strengthening information sharing on resident permit holders between departments and areas, sharing information between the residence permit holder areas, to promote the transfer and continuity of systems such as for social insurance and public housing funds, to provide information support for realizing full basic public services coverage for the permanent population, and provide support for residence permit holders in the area of their residence.

Article 8: Public security organs are responsible for permit administration work, such as receiving applications, production, distribution, and endorsements of residence permits.

Residents' committees, villager committees, employing units, schools and persons renting property shall assist in work on residence permits such as accepting applications and issuing permits.

Article 9: Applications for residents permits shall submit identification documents, a personal photograph and also the address of residence, occupation, school and other supporting materials to the police substation for their place of residence or community service organization authorized by the public security organs.

Proofs of residential address include leases, property deeds, contracts for purchase of home, or a proof of accommodation issued by a person renting a home, an employing unit, or a school. Proofs of employment including business licenses, labor contracts, proof of labor relationship issued by the employing unit or other materials that can sufficiently demonstrate lawful, stable employment. Proofs of school attendance include student identification, or other materials issued by the school sufficient to prove attendance.

Persons such as minors under 16 years of age, elderly persons with movement difficulties and the disabled, may have their guardian or close relatives apply for a residence permit on their behalf. Where guardians or close relatives handle [the application], they shall provide the lawful and valid identification documents for both the represented person and the representative.

Applicants and persons issuing relevant supporting materials shall be responsible for the veracity and lawfulness of the supporting materials provided for in this article.

Where applicants' materials are incomplete, the police substation or community service organization authorized by the public security organs shall inform the applicant a single time that they need to supplement the materials.

对符合居住证办理条件的，公安机关应当自受理之日起15日内制作发放居住证；在偏远地区、交通不便的地区或者因特殊情况，不能按期制作发放居住证的，设区的市级以上地方人民政府在实施办法中可以对制作发放时限作出延长规定，但延长后最长不得超过30日。

Article 10: Residence permits are issued by the public security organs of people's governments at the county level and endorsed annually.

居住证持有人在居住地连续居住的，应当在居住每满1年之日前1个月内，到居住地公安派出所或者受公安机关委托的社区服务机构办理签注手续。

Where endorsement formalities are not completed withing the prescribed time, the use of the resident permit's function is suspended; where endorsement formalities are completed late, the use of the resident permit's functions are restored, and the annual period for the resident permit holder's residence in the area continues to be counted from the date on which the late endorsement formalities were completed.

Article 11: Where residence permits are damaged so that identification is difficult or lost, residence permit holders shall to the police substation or community service agencies authorized by the public security organ to handle renewal or replacement formalities.

When holders of residence permits apply for a new permit, they shall return the former permit.

Article 12: Residence permit holders enjoy the rights to employment, to participate in social insurance, and to deposit, withdraw and use housing fund in their place of residence in accordance with law. People's governments and the county level and above and their relevant departments shall provide residence permit holders with the following basic public services:

(1) compulsory education;

(2) Basic public employment services;

(3) the basic public health services and family planning services;

(4) public cultural and athletic services;

(5) legal aid and other legal services;

(6) other basic public services as decided by the State.

Article 13: Residence permit holders enjoy the following accommodations:

(1) handle immigration documents in accordance with relevant State provisions;

(2) handle renewal and replacement of identity cards in accordance with relevant State provisions;

(3) motor vehicle registration;

(4) application for a motor vehicle driving license;

(5) enrollment to participate in vocational qualification tests, and application to receive vocational qualifications;

(6) handling reproductive services registration and other family planning documents;

(7) Other accomodations as decided by the State.

Article 14: Relevant departments of the State Council, all levels of local people's governments and their relevant departments shall actively create requirements to gradually expand the scope of public services and support provided to residence permit holders, raise the standard of services, and periodically report publicly on the scope of services and support enjoyed by the residence permit holders.

Article 15: Residence permit holders who meet the conditions for settlement of the local people's government at their place of residence, may have their household registration changed from the from the former place of household registration to their place of residence

Article 16: Local people's Government at the place of residency shall determine settlement conditions on the basis of the following provisions:

(1) The settlement requirements for small cities where the population of established townships and urban areas is under 500,000 are having a lawful and stable residence in the city areas, seat of county government or other organized township.

(2) The settlement requirements for midsize cities with populations between 500,000 and 1,000,000 are having lawful stable employment and a lawful stable residence, and also following nationally provisions to participate in urban social insurance for a certain number of years. 其中，城市综合承载能力压力小的地方，可以参照建制镇和小城市标准，全面放开落户限制；城市综合承载能力压力大的地方，可以对合法稳定就业的范围、年限和合法稳定住所的范围、条件等作出规定，但对合法稳定住所不得设置住房面积、金额等要求，对参加城镇社会保险年限的要求不得超过3年。

(3) The settlement requirements for large cities where the urban population is between 1 and 5 million are having having lawful, stable employment for a fixed period of years and having a lawful, stable residence, while also following national provisions to participate in the urban social insurance for a fixed number of years, but the period for participation in urban social insurance must not exceed 5 years. Of these, large cities with populations between 3 and 5 million may make provisions such as on the scope and period for lawful, stable employments, and the scope and requirements for lawful, stable residences, and may also establish a settlement scorecard system.

(4) Especially large cities and super large cities with urban populations over 5,000,000 shall, on the basis of the city's overall capacity and economic development needs, establish and improve point systems for settlement with the relevant indexes being lawful, stable employment and residence and year limits for participation in urban social insurance and for continuous residence.

Article 17: State organs and their staff shall preserve the confidentiality of resident permit holder's personal information that they learn of in their work.

Article 18: In any of the following situations, the police will give a warning, order rectification, and give a fine of up to 200 yuan; and confiscates any illegal proceeds;

(1) using false evidence materials to obtain a residence permit;

(2) rent, lending, or transfer of a residence permit;

(3) illegal seizure of other's residence permits.

Article 19: Where there is any of the following conduct, the public security organs give a fine of between 200 and 1000 yuan fine, and confiscate any illegal proceeds;

(1) fraudulently using another's residence permit or using a residence permit obtained through fraud;

(2) the purchase, sale, or use of a forged or altered residence permit.

Forged or altered residence permits, and residence permits obtained by fraud, will be taken by the public security organs.

Article 20: In any of the following situations, state organs or their staff are given disciplinary sanctions, and where it constitutes a crime, criminal responsibility is pursued in accordance with law:

(1) an application for a residence permit meets requirements but is not accepted or grants;

(2) fees are collected in violation of relevant provisions;

(3) Exploiting facilitation of creating or issuing residence permits to accept others' property or seek other interests;

(4) Sale or illegally provision to others of resident permit holders' information learned during work;

(5) tampering with residence permit information.

Article 21: Document fees are waived for first time applications for residence permits. Document fees shall be collected for renewal or replacement of residence permits. Fees must not be collected for handling endorsement formalities.

Specific measures on charges are formulated by the financial department and pricing department of the State Council.

Article 22: People's governments at the districted city level and above shall consider factors such as the administrative regions' economic development needs and settlement conditions to formulate implementation measures on the basis of these Regulations.

Article 23: This Regulation shall become effective on January 1, 2016. Residence permits issued by any area before the implementation of this Regulation, remain valid during their effective period.