Zhejiang Province Department of Human Resources and Social Security [2011] No. 160
Chapter I General Provisions
Article 1 In accordance with the provisions of the Notice of the General Office of Zhejiang Province Government on Issuing the Interim Measures for the Management of Residence Permits for High-level Overseas Talents in Zhejiang Province (General Office of Zhejiang Province Government [2011] No. 28), theses detailed rules for implementation are hereby formulated.
Article 2 The Residence Permit for High-level Overseas Talents in Zhejiang Province (hereinafter referred to as the “Residence Permit”) is the certificate for the holder residing and working in this province, the identity certificate for the holder handling the public services in this province, and the record of the holder’s demographic administration information such as basic information and the changes of the domicile.
Article 3 The high-level overseas talents with a master’s degree or above who have worked or studied overseas continuously for over 3 years, and assume senior managerial or technical positions in the enterprises and public institutions, or start up businesses in this province may apply for the Residence Permit under one of the following conditions:
(1) the personnel who have acquired a foreign nationality and held the foreign passport;
(2) the personnel who have acquired the foreign permanent residency but still hold the Chinese passport;
(3) other personnel with non-Zhejiang household registration.
Article 4 The holder of the Residence Permit shall enjoy the relevant rights stipulated in the Notice of the General Office of Zhejiang Province Government on Issuing the Interim Measures for the Management of Residence Permits for High-level Overseas Talents in Zhejiang Province (General Office of Zhejiang Province Government [2011] No. 28).
Chapter II Certificate
Article 5 The manufacture of the Residence Permits shall be supervised by the Zhejiang Province Public Security Department. The Zhejiang Province Public Security Department shall entrust the actual responsibilities for applying, issuing and replacing the Residence Permit to the departments of human resources and social security. The relevant provincial, municipal and county (county-level city and district) departments shall implement the relevant rights, guarantees and services of the holders of the Residence Permits in accordance with their functions.
Article 6 The Residence Permit includes the primary card and the secondary card. The high-level overseas talents qualified for Article 3 may apply for the primary card. The high-level overseas talents qualified for applying for the primary card may apply for the secondary cards of the Residence Permit for his/her spouse and minor children under 18 accompanying them to this province.
Article 7 The Residence Permit shall be coded in accordance with the regions. The primary card of the Residence Permit shall be coded with English letters and numbers, among which, the English initial letter stands for the category of the applicant: the first category is the individuals with foreign nationalities (“W” as the initial letter); the second category is the individuals with the foreign permanent residency and the Chinese passport (“H” as the initial letter); the third category is the high-level overseas talents with non-Zhejiang residence registration (“Q” as the initial letter). The second letter stands for the regions, namely Hangzhou A, Ningbo B, Wenzhou C, Shaoxing D, Huzhou E, Jiaxing F, Jinhua G, Quzhou H, Taizhou J, Lishui K, Zhoushan L. The first four digits stand for the year of the application and issuance, the second two digits stand for the month of the application and issuance, and the last three digits stand for the serial number of the application and issuance.
Chapter III Application
Article 8 The following materials shall be provided in applying the primary card of the Residence Permit:
(I) Principal materials:
1. the Application Form for the Residence Permit for High-level Overseas Talents in Zhejiang Province.
2. Effective identification papers:
(1) the individuals with foreign nationalities and foreign passports shall submit their passports;
(2) the individuals with foreign permanent residency and Chinese passports shall submit their passports and certificates for the foreign permanent residency;
(3) other individuals with non-Zhejiang residence registration shall submit the effective identification papers such as the household registers and ID cards.
3. The effective certificates for having continuously worked or studied overseas for over 3 years.
4. The certificates for the domicile registration in this province: the property ownership certificates or property sales contracts shall be presented by the property buyers; the lease contracts of houses signed with the house owners and registered at the district or county departments of real estate management shall be presented by the house lessees; certificates issued by the units with the house ownership shall be presented by the lessees of the public houses.
5. The academic education certificates and degree certificates of the applicant, as well as the “Certificate of Recognition for Foreign or Overseas Academic Diplomas and Degrees” issued by the Chinese Service Center for Scholarly Exchange of the Ministry of Education for the individuals with foreign or overseas academic diplomas and degrees.
6. One recent 2-inch color certificate photo.
(II) The individuals working in this province shall also provide:
1. The labor contract or employment contract in compliance with the state provisions signed with the units;
2. The agreement of employment for senior managerial or technical positions.
(III) The individuals starting up businesses in this province shall also provide:
the Organization and Institution Code Certificate, and the transcript of the business license or the certificates for investment.
Article 9 The following materials shall be provided in applying the secondary card of the Residence Permit:
(1) the Application Form for the Residence Permit (Secondary Card) for High-level Overseas Talents in Zhejiang Province.
(2) effective identification papers: the applicant’s ID card, household register, passport or other effective identification papers.
(3) the lawful marriage certificate for the accompanying spouse (the translated version of the foreign marriage certificate shall be provided at the same time).
(4) the lawful kinship certificates for the accompanying minor children.
(5) one recent 2-inch color certificate photo.
Article 10 As the handling unit and the public service center of the Zhejiang Province Department of Human Resources and Social Security, the Zhejiang Province Service Center for Experts and People with Overseas Educational Background is comprehensively responsible for the application, issuance and renewal of the Residence Permit.
Chapter IV Handling Procedure
Article 11 The application for the Residence Permit for the first time shall be handled in the following procedure:
(1) Preliminary Review on the Internet
The employing units shall unload the Application Form for the Residence Permit for High-level Overseas Talents in Zhejiang Province and the Application Form for the Residence Permit (Secondary Card) for High-level Overseas Talents in Zhejiang Province through the website www.zjhwrc.com. The filled forms shall be uploaded to the handling unit for online preliminary review. The application having passed the preliminary review shall be confirmed by telephone or email by the handling unit.
(2) Department Examination and Verification
On receiving the notice on the confirmation of the preliminary review, in accordance with the principle of local management, the employing unit shall submit the required materials to the departments of human resources and social security above county level for examination, verification and seal; the units subordinate to the province or the Ministries shall examine, verify and seal the materials by themselves.
(3) Examination, Verification and Handling
After the examination and verification, the employing units shall handle the application materials at the handling units.
The handling unit shall transfer the relevant information of the applicant to the relevant provincial departments for examination and verification within 7 workdays after the acceptance. The relevant provincial departments shall notify the handling unit of the results of the examination and verification in written forms within 7 workdays. The handling unit shall issue the Residence Permit for the qualified applications within 7 workdays after receiving the results of the examination and verification from the relevant provincial departments; the employing unit and the applicant shall be notified of the unqualified applications.
The Provincial Bureau of Foreign Experts Affairs shall simultaneously handle the Foreign Expert Certificate for the talents with foreign nationalities without the Foreign Expert Certificate in accordance with their situations.
(4) Copy Sending and Recording
At the beginning of every month, the handling unit shall send the list of the Residence Permits (including the primary cards and secondary cards) handled the last month to relevant departments and the local city and county (county-level city and district), who can correspondingly make records and implement relevant rights, guarantees and services.
Chapter V Extension, Modification and Loss and Reissuance
Article 12 The Residence Permit is usually valid for two years. For the extension at the end of the validity, the employing unit shall apply to the original issuing authority prior to the 30 workdays before the end of the validity. When applying, the employing unit shall present the original Residence Permit of the applicant, the original labor contract or employment contract and the copies.
Article 13 When the changes occur to the Residence Permit holder’s work unit or domicile, etc., the employing unit shall handle the modification formalities at the original permit issuing authority within 30 workdays with the applicant’s original Residence Permit, Application Form for Residence Permit Modification and relevant modification materials.
Article 14 The permit holder who has lost the Residence Permit should report the loss to the original issuing authority timely and apply for the reissuance to the original issuing authority with the original identification papers and the copies.
Chapter VI Invalidation and Nullification
Article 15 The following cases will render the Residence Permit invalid automatically:
(1) the expired Residence Permit without extension;
(2) changes in work places and domiciles, etc. without timely modifications to the Residence Permit;
(3) the holder ceases working in this province;
(4) the nullified or invalid primary card of the Residence Permit will lead to the automatic invalidity of the secondary card;
(5) the vanishing conditions for applying for the Residence Permit will lead to the automatic invalidity of the Residence Permit.
Article 16 In the following confirmed cases, the Residence Permit will be nullified and withdrawn by the original issuing authority to cease the relevant rights, guarantees and services and the relevant legal responsibilities of the holder shall be pursued according to law when necessary.
(1) the Residence Permit is obtained by providing false materials or other deception means;
(2) the holder’s academic or technical cheating conducts;
(3) the Residence Permit holder violates the relevant state laws or regulations during the validity period and results in serious negative effects.
Chapter VII Supplementary Articles
Article 17 The special provisions formulated by the state for the individuals with a foreign nationality and the foreign passport and the individuals with the Chinese passport and the foreign permanent residency working in Chinese territory shall be complied with.
Article 18 The Zhejiang Province Department of Human Resources and Social Security and the Zhejiang Province Department of Public Security shall be responsible for the interpretation of these detailed rules for the implementation.
Article 19 These detailed rules for the implementation shall come into effect as of the date of promulgation.
