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Article 1. These Measures are formulated in accordance with the relevant provisions of the Law of the People's Republic of China on Control of Entry and Exit of Foreigners and the Detailed Rules for its implementation for the purpose of standardizing the examination and approval of foreigners' permanent residence in China. Article 2. Foreigners' permanent residence in China means foreigners' residence in China without time limit. Article 3. The Foreigner's Permanent Residence Card is a valid ID certificate for a foreigner with permanent residence status in China and may be used independently. Article 4. A foreigner with permanent residence status in China may enter and leave China with his valid passport and Foreigner's Permanent Residence Card. Article 5. The authorities to accept the applications of foreigners for permanent residence in China are the public security organs of the people's governments of cities divided into districts and the branch and county bureaus of public security of municipalities directly under the Central Government. The authorities to verify the applications of foreigners for permanent residence in China are the departments and bureaus of public security of provinces, autonomous regions and municipalities directly under the Central Government. The authority to examine and approve the applications of foreigners for permanent residence in China is the Ministry of Public Security. Article 6. Foreigners applying for permanent residence in China must abide by Chinese laws, be in good health and without any criminal record, and must meet at least one of the following requirements: (1) having made direct investment in China with stable operation and a good tax paying record for three successive years; (2) having been holding the post of deputy general manager, factory deputy director or above or of associate professor, associate researcher and other associate senior titles or above or enjoying an equal treatment, for at least four successive years, with a cumulative period of residence in China not less than three cumulative years in four years and with a good tax paying record; (3) having made a great and outstanding contribution to and being specially needed by China; (4) being the spouse or unmarried child under 18 years old of a person under the item(1), (2) or (3) of this paragraph; (5) being the spouse of a Chinese citizen or of a foreigner with permanent residence status in China, with at least five years of marriage relation, at least five successive years of residence in China and at least nine months of residence in China each year, and having stable source of subsistence and a dwelling place; (6) being an unmarried person under 18 years old turning to his parent; or (7) being a person who is or above 60 years old, who has no directly-related member of his family abroad and is to turn to any directly-related member of his family in China, and has stayed in China for at least five successive years, at least nine months of residence in China each year, and has stable source of subsistence and a dwelling place. The periods of time in this Article mean the successive ones till the date of application. Article 7. In the case of a foreigner under item (1) of the first paragraph of Article 6 herein, the registered capital paid by him as investment in China shall meet any of the following requirements: (1) in the case of investment in any industry encouraged under the Catalogue for Guidance of Foreign Investment Industries, at least US$500,000 in total; (2) in the case of investment in the western area of China or any key county for poverty-relief development, at least US$500,000 in total; (3) in the case of investment in the central area of China, at least US$1 million in total; or (4) in the case of investment in China, at least US$2 million in total. Article 8. In the case of a foreigner under item (2) of the first paragraph of Article 6 herein, the entity in which he holds a post must be any of the following: (1) an institution subordinate to any department of the State Council or to the people's government at the provincial level; (2) a key college or university; (3) an enterprise or institution carrying out a key engineering project or major scientific research project of the state; or (4) a high-tech enterprise, enterprise with foreign investment in an industry encouraged, advanced-tech enterprise with foreign investment or export-oriented enterprise with foreign investment. Article 9. The applicant shall accurately fill in the Form of Application for Foreigner's Permanent Residence in China and submit the following materials: (1) a copy of his valid passport or other certificate that may be used in stead of the passport; (2) a health certificate issued by a health quarantine agency designated by the Chinese government or by a foreign health quarantine agency recognized by the relevant Chinese embassy or consulate; (3) a certificate of no criminal record in the country concerned issued by the relevant Chinese embassy or consulate; (4) four recently-taken, two-inch, bareheaded, full-faced, color photos of the applicant; and (5) other relevant materials provided herein. Article 10. An applicant under Item (1) of the first paragraph of Article 6 herein shall submit a certificate of approval for the enterprise with foreign investment, certificate of registration and a joint annual inspection certificate, capital verification report and personal tax payment receipt in addition. In the case of an enterprise with foreign investment in the industry encouraged, a letter of confirmation in respect of the project with foreign investment encouraged by the state shall be submitted in addition. Article 11. An applicant under Item (2) of the first paragraph of Article 6 herein shall submit the following materials in addition: (1) a certificate certifying his position or title issued by his employer; (2) the Foreign Expert Card or Foreigner Employment Card; (3) a certificate of registration and certificate of annual inspection of his employer, his personal tax paying certificate and, where the employer is an enterprise with foreign investment, a certificate of approval for the enterprise with foreign investment and joint annual inspection certificate; and (4) in the case of an applicant working with an enterprise or institution carrying out a key engineering project or major scientific research project of the state, a certificate certifying the project issued by the competent department of the government at the provincial or ministry level; in the case of an applicant working with a high-tech enterprise, a high-tech enterprise certificate; in the case of an enterprise with foreign investment in an industry encouraged, advanced-tech enterprise with foreign investment or export-oriented enterprise with foreign investment, a certificate certifying the enterprise with foreign investment in the industry encouraged, advanced-tech enterprise with foreign investment or export-oriented enterprise with foreign investment. Article 12. An applicant under Item (3) of the first paragraph of Article 6 herein shall submit a letter of recommendation and the relevant certificates issued by the competent department of the Chinese government in addition. Article 13. An applicant under Item (4) of the first paragraph of Article 6 herein shall, in addition, submit a certificate of marriage in the case of a spouse, his certificate of birth or certificate of parentage in the case of an unmarried child under 18 years old, and a certificate of adoption in the case of an adopted child. The above mentioned certificates issued by a foreign agency shall be subject to the authentication of the Chinese embassy or consulate in the country concerned. Article 14. An applicant under Item (5) of the first paragraph of Article 6 herein shall, in addition, submit his (her) Chinese spouse's registered permanent residence certificate or foreign spouse's Foreigner's Permanent Residence Card, marriage certificate, and a notarized certificate of source of subsistence and house leasing certificate or muniments of title. The above mentioned certificates issued by a foreign agency shall be subject to the authentication of the Chinese embassy or consulate in the country concerned. Article 15. An applicant under Item (6) of the first paragraph of Article 6 herein shall, in addition, submit his Chinese parent's registered permanent residence certificate or foreign parent's Foreigner's Permanent Resident Card, his certificate of birth or certificate of parentage and, in the case of an adopted child, the certificate of adoption in addition. The above mentioned certificates issued by a foreign agency shall be subject to the authentication of the Chinese embassy or consulate in the country concerned. Article 16. An applicant under Item (7) of the first paragraph of Article 6 herein shall, in addition, submit the registered permanent residence certificate of the Chinese citizen, or the Foreigner's Permanent Residence Card of the foreigner, to whom he is to turn, a notarized certificate of relation and a certificate certifying that the applicant has no directly-related member of his family abroad, a notarized certificate certifying the applicant's financial source or notarized certificate of financial guarantee by the person to whom the applicant is to turn, and notarized house leasing certificate or muniments of title of the applicant or the person to whom the applicant is to turn. The above mentioned certificates issued by a foreign agency shall be subject to the authentication of the Chinese embassy or consulate in the country concerned. Article 17. An application for foreigner's permanent residence in China shall be submitted by the applicant himself or his parent if he is unmarried and under 18 years old or his attorney to the public security organ of the people's government of the city divided into districts, or the branch or county bureau of public security of the municipality directly under the Central Government, in the place where the principal investment was made or of long-term residence. In the case of applying through an attorney, a power of attorney issued by the applicant shall be required. A power of attorney issued by the applicant abroad shall be subject to the authentication of the Chinese embassy or consulate in the country concerned. Article 18. The public security organ shall make an approval or disapproval decision within six months from the acceptance of the application for foreigner's permanent residence in China. Article 19. The Ministry of Public Security shall issue a Foreigner's Permanent Residence Card to the applicant who has been approved to permanently reside in China. If the applicant is not in China, the Ministry of Public Security shall issue a Confirmation Form of Foreigner's Permanent Residence Status to the applicant, who shall apply for a "D" visa to the Chinese embassy or consulate in the country concerned by producing such Conformation Form and, within 30 days from his entry into China, get the Foreigner's Permanent Residence Card from the public security organ that accepted his application. Article 20. A foreigner who has been approved to permanently reside in China must stay in China for at least three cumulative months a year. If the foreigner is unable to stay in China for such minimum period due to any reason, he shall apply for the approval of the department or bureau of public security of the province, autonomous region or municipality directly under the Central Government in the place of his permanent residence, provided that the cumulative period during which he stays in China shall not be less than a cumulative year in five years. Article 21. A Foreigner's Permanent Residence Card shall be valid for five or ten years. Foreigners approved to permanently reside in China and are under 18 years old shall have a Foreigner's Permanent Residence Card valid for five years; those being or above 18 years old shall have one valid for ten years. Article 22. In the case of expiry of, any change of particulars in, damage to or loss of a Foreigner's Permanent Residence Card, the holder shall apply to the public security organ of the people's government of the city divided into districts, or the branch or county bureau of public security of the municipality directly under the Central Government, in the place of his long-term residence for renewal or reissue of the Card. The public security organ shall make such renewal or reissue within one month if, after examination, it holds that the holder still meets the requirements for a foreigner to be approved to permanently reside in China. Article 23. The holder of a Foreigner's Permanent Residence Card shall apply for a renewal of the Card within a month before its expiry, for a renewal within a month after any change of particulars in the Card, or for a renewal or reissue promptly in the case of any damage to or loss of the Card. Article 24. If a foreigner with a status of permanent residence in China is under any of the following circumstances, the Ministry of Public Security may cancel such status of him and withdraw or revoke his Foreigner's Permanent Residence Card: (1) being likely to threaten the national security and interests; (2) being expelled from China by the people's court; (3) having obtained the status of permanent residence in China by submitting false materials or by other illegal means; or (4) having stayed in China for a period less than three cumulative months a year or less than a cumulative year in five years without approval. Article 25. Foreigners having been approved to permanently reside in China before the implementation of these Measures shall, within six months from the implementation, renew his Foreigner's Permanent Residence Card with the public security organ of the people's government of the city divided into districts or the branch and county bureau of public security of the municipality directly under the Central Government that issued the original Card or in the place of his long-term residence. Article 26. The charge items and standards in respect of the application for a foreigner's status of permanent residence in China and the issue, renewal and reissue of a Foreigner's Permanent Residence Card shall comply with the relevant provisions of the departments of price control and finance of the State Council. Article 27. In these Measures: (1) "directly-related member" shall include parents (spouse's parents), grandparents, child being at least 18 years old and his (her) spouse, and grandchild being at least 18 years old and his (her) spouse; and (2) both "above" and "within" shall include the given figure. Article 28. The power to interpret these Measures shall be vested in the Ministry of Public Security and the Ministry of Foreign Affairs. Article 29. These Measures shall come into force as of the date of promulgation. |
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