Regulations of the People's Republic of China on the Administration of Permanent Residence of Foreigners

(Draft for Consultation)

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Exit and Entry Administration Law of the People's Republic of China for the purpose of further opening up to the outside world, regulating the administration of permanent residence of foreigners in China and safeguarding the lawful rights and interests of foreigners with permanent residence qualifications (hereinafter referred to as "foreigners with permanent residence").

Article 2 These Regulations shall apply to the application for, examination and approval of foreigners' permanent residence qualifications, as well as to the services and administration of foreigners with permanent residence.

Article 3 The permanent residence system for foreigners shall meet the needs of national security and interests and be in keeping with the level of economic and social development of the state.

Article 4 The lawful rights and interests of foreigners who reside permanently in China shall be protected by law, and the duration of their residence in China shall not be restricted.

Aliens who reside permanently in China shall abide by Chinese laws and may not endanger China's state security, harm public interests or disrupt public order.

Article 5 The state immigration administration department shall be responsible for the administration of permanent residence of foreigners. Relevant departments under The State Council shall, within the scope of their respective functions and duties, provide services and administration for foreigners who are permanent residents.

Local people's governments at various levels shall do a good job in the administration of services for foreigners who reside permanently in their respective administrative areas.

Article 6 The National immigration administrative department shall establish a coordination mechanism and information sharing mechanism for the administration of permanent residence services for foreigners together with relevant competent departments of the State.

Article 7 The State establishes a mechanism for periodic evaluation and adjustment of permanent residence policies for foreigners. When necessary, with the approval of The State Council, a quota examination and approval system shall be adopted for foreigners' permanent residence qualifications.

Article 8 The national immigration administrative department shall, in conjunction with the departments of science, technology, human resources and social security, formulate a point evaluation system in time.

Article 9 The National Immigration Administration shall, through government websites and other public means, uniformly publish information on the examination and approval policies, such as the materials required for foreigners to apply for permanent residence, the procedures and the processing procedures.

Chapter II Conditions for Application

Article 10 Aliens who abide by Chinese laws, have the basic economic security for living in China, and meet the requirements for permanent residence as prescribed in these Regulations may apply for permanent residence.

Aliens who stay or reside in China for diplomatic or official purposes shall not apply for permanent residence status.

Article 11 Foreigners who have made outstanding contributions to China's economic and social development and fall under any of the following circumstances may apply for permanent residence status upon recommendation by the competent authorities concerned of the state or the people's governments of provinces, autonomous regions or municipalities directly under the Central Government:

(1) to make outstanding contributions to China's scientific and technological, educational, cultural, public health and sports undertakings;

(2) Engage in public welfare activities within China and make outstanding contributions to the development of Public welfare undertakings in China;

(3) to make outstanding contributions to promoting friendly exchanges and cooperation between China and other countries, maintaining world peace and promoting common development;

(4) Other circumstances in which they have made outstanding contributions to China's economic and social development.

Article 12 Aliens who have made internationally recognized outstanding achievements in the fields of economy, science and technology, education, culture, public health, sports and other fields may directly apply for permanent residence.

Article 13 Aliens imported for the purpose of the economic and social development of the state may apply for permanent residence in any of the following circumstances:

(1) Talents in urgent need and in short supply introduced by industries or regions under key development of the state and recommended by the competent authorities;

(2) Academic research personnel with the title of assistant professor or assistant researcher or above introduced and recommended by institutions of higher learning or scientific research institutions under key construction of the State, as well as professors and researchers introduced and recommended by other institutions of higher learning or scientific research institutions;

(3) Senior management personnel and senior professional and technical personnel introduced and recommended by high-tech enterprises, innovative enterprises and well-known domestic enterprises.

(4) Professionals recommended by foreigners who have obtained permanent residence qualifications in accordance with article 12 of these Regulations.

The recommending units and individuals listed in the preceding paragraph shall issue authentic and reliable letters of recommendation and be responsible for the authenticity of the reasons for introduction and relevant qualifications of the recommended objects.

Article 14 The state administrative department of immigration shall establish a consultation mechanism with the relevant departments of The State Council, such as foreign affairs, development and reform, education, science and technology, human resources and social security, commerce, culture, public health, sports, etc., to discuss the specific standards stipulated in Articles 12 and 13 of these Regulations.

Article 15 Aliens working in China in accordance with the law who fall into any of the following circumstances and have good tax records and credit records may apply for permanent residence status:

(1) They shall have a doctoral degree or graduated from an internationally renowned university, have worked in China for at least three years, and have actually resided in China for at least one year in total;

(2) Having worked continuously for at least three years in a key industry or region developed by the state, during which the accumulated actual residence is not less than one year, and the annual wage income is not less than four times of the average wage of the urban staff and workers in the area where the previous year is located;

(3) he/she has worked continuously in China for at least four years, during which the accumulative actual residence is not less than two years, and his/her annual wage is not less than six times the average wage of the urban staff and workers in the area in the previous year;

(4) he/she has worked continuously in China for at least eight years, during which the accumulative actual residence is not less than four years, and his/her annual wage is not less than three times the average wage of the urban staff and workers in the area in the previous year.

The wage annual income prescribed in subparagraphs 2 to 4 of the preceding paragraph shall be the minimum standard, and the specific standard shall be determined by the national immigration administrative department in consultation with the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 16 Aliens who, in accordance with the provisions of laws on foreign investment, invest in an enterprise as a natural person or as a controlling shareholder and fall under one of the following circumstances, with stable investment for three consecutive years and good tax payment records and credit records, may apply for permanent residence status:

(1) An investment equivalent to RMB 10 million or more in China;

(2) Investing in areas where the State implements encouragement measures for foreign investment, and the amount of investment, the amount of tax paid and the number of Chinese citizens employed meet the prescribed standards;

(3) establishing new and high-tech enterprises or innovative enterprises within The territory of China with remarkable benefits and being recommended by the competent departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government.

The specific standards specified in item 2 of the preceding paragraph shall be determined by the state immigration administration department in consultation with the relevant departments under The State Council.

Article 17 Aliens who need family reunion may apply for permanent residence in any of the following circumstances:

(1) His/her spouse is a Chinese citizen or a foreigner with permanent residence in China, has lived with him/her in China for five years after marriage, and has actually stayed with him/her in China for at least nine months in total each year, and has a stable livelihood guarantee and residence;

(2) Chinese parents who live in China or foreign parents who have permanent residence in China for children under the age of 18;

(3) An immediate family member of Chinese nationality living in China or a direct family member of foreign nationality permanently residing in China who has resided in China for five consecutive years and has actually stayed in China for at least nine months in total each year, and who has attained the age of 60 and no immediate family member abroad, and who has resided in China for at least nine consecutive years.

Article 18 Aliens who meet the requirements of Article 11, 12, 13, 15 and 16 of these Regulations and apply for permanent residence status may apply for permanent residence status simultaneously with their spouses and children under the age of 18.

Article 19 Aliens who need to reside permanently in China for other justified reasons may apply for permanent residence status.

Chapter III Examination, approval and Administration

Article 20 Aliens applying for permanent residence shall submit their applications to the exit/entry administrations of public security organs in the places of residence, fill in the application information truthfully, submit their passports or other international travel documents, photos and application materials that meet the requirements, be interviewed in accordance with the regulations, and keep human identification information such as fingerprints.

Those who apply for permanent residence in accordance with the provisions of Articles 12 and 13 of these Regulations are not restricted by the place of residence and may apply directly to the state immigration administration department.

Article 21 The exit/entry administrations of public security organs under local people's governments at or above the county level shall accept foreigners' applications for permanent residence in accordance with the authorization of the state immigration administration department.

The Exit and Entry Administration authority of the public security organ shall accept and issue a receipt of acceptance if the formalities and materials of a foreigner's application for permanent residence are in conformity with the provisions. If the application materials are not complete or do not conform to the prescribed forms, the Exit and Entry Administration authority of the public security organ shall inform the applicant on the spot or within five days in a lump sum of all the procedures to be fulfilled and all the materials to be supplemented and corrected, and make registration.

Those who apply for permanent residence in accordance with the provisions of Articles 12 and 13 of these Regulations shall have priority in acceptance.

Article 22 The Exit and Entry Administration authority of the public security organ shall earnestly check the authenticity of the application reasons and the nationality, credit record, work and life of the applicant in China. Relevant units and individuals shall provide assistance and cooperation.

Article 23 The maximum period for the examination and approval of a foreigner's permanent residence qualification shall be 120 days, counting from the day when the exit/entry administration authority of the public security organ accepts the qualification.

The waiting time for the quota does not count towards the approval period.

Article 24 Aliens who meet the requirements for permanent residence shall be approved by the state immigration administrative department and their permanent residence identity cards shall be issued.

The foreigner's permanent residence id card is the identity certificate of the foreigner residing permanently in China. A foreigner with permanent residence may present the certificate to prove his/her identity and engage in relevant activities. The units concerned and their staff members shall not refuse to do so.

Article 25 The items to be registered on a foreigner's permanent residence identity card shall include name, sex, date of birth, nationality, photo of the foreigner, permanent residence identity number, issuing authority and validity period of the certificate, etc.

The patterns of permanent residence identity cards for foreigners shall be prescribed by the state immigration administrative departments.

Article 26 In any of the following circumstances, the state immigration administration department shall make a decision not to grant permanent residence to aliens:

(1) The applicant does not meet the application requirements or fails to provide the application materials as required;

(2) suffering from serious mental disorders, infectious tuberculosis or other infectious diseases that may cause great harm to public health;

(3) it may endanger China's national security and interests or undermine social and public order;

(4) practicing fraud in the application process;

(5) unable to guarantee the living expenses in China;

(6) other circumstances which are not suitable for permanent residence in China.

Article 27 The actual duration of residence of foreigners with permanent residence in China shall not be less than three months each year.

Aliens with permanent residence who are unable to meet the time limit of residence requirements mentioned in the preceding paragraph for justifiable reasons may, upon approval by the exit/entry administrations of public security organs under the people's governments at the provincial level and upon filing with the state immigration administrations, lower the time limit requirements as appropriate.

Article 28 Where the validity period of a foreigner's permanent residence identity card expires or the registered items are changed, the holder of the permanent residence identity card shall apply to the Exit and Entry Administration authority of the public security organ in the place of residence for a replacement within 30 days prior to the expiration of the certificate or within 30 days after the date of the change of the registered items.

Aliens whose permanent residence identity cards are damaged, lost, stolen or stolen shall promptly apply to the exit and entry administrations of the public security organs in the places of residence for a replacement.

Article 29 Where a foreigner's application for replacement or replacement of permanent residence identity cards meets the requirements for acceptance, the Exit and Entry Administration authority of the public security organ shall accept the application and issue an acceptance receipt with a validity period of not more than 30 days, and make a decision whether to approve the replacement or replacement within the validity period of the acceptance receipt.

During the period of renewal or replacement of a foreigner's permanent residence id card, a foreigner with permanent residence shall reside legally in China upon presentation of the receipt of acceptance.

Article 30 Where the exit/entry administration authority of the public security organ checks, as required by its work, the actual time of residence, place of residence, change of nationality, work and life of a foreigner who is a permanent resident in China, the relevant unit or individual shall provide assistance and cooperation.

Article 31 Aliens with permanent residence who fall under any of the following circumstances shall be disqualified for permanent residence by the state immigration administration and their permanent residence identity cards shall be declared invalid:

(1) causing harm to China's national security and interests;

(2) being expelled from the country;

(3) obtaining the qualification for permanent residence in China through fraud;

(4) Failing to stay in China for the prescribed time limit;

(5) other circumstances which are unsuitable for permanent residence in China.

Article 32 Under any of the following circumstances, the exit and entry administrations of public security organs shall confiscate the permanent residence identity cards of foreigners:

(1) Having been approved to naturalize or restore Chinese nationality;

(2) the death of a foreigner with permanent residence status;

(3) the foreigner's permanent residence permit is declared invalid.

Article 33 Aliens who are disqualified from permanent residence shall not apply again within five years.

Article 34 State functionaries shall keep confidential the personal information of foreigners with permanent residence that they come to know in the course of performing their functions and duties.