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Shanghai Municipality Residence Management Regulations (Hufu Order No. 58)

Time:2019-07-02 Reading:1023

  Shanghai Municipal People's Government Order
  No. 58
  The “Measures for the Administration of Shanghai Residence Permits” was adopted at the 164th executive meeting of the municipal government on September 18, 2017. It is hereby promulgated and will be implemented on January 1, 2018.
  Mayor Ying Yong
  November 27, 2017
  Shanghai residence permit management measures
  (Promulgated by Order No. 58 of the Shanghai Municipal People's Government on November 27, 2017)
  Article 1 (Legislative Purpose)
  In order to protect the legitimate rights and interests of the people coming to Shanghai, standardize the population service and management, improve the level of government services, and promote the coordinated development of the city's economy, society, resources and environment, in accordance with the "Provisional Regulations on Residence Permits", combined with the actual situation of the city, Method.
  Article 2 (Scope of application)
  These Procedures apply to the relevant activities such as the application, distribution, use and points management of the Shanghai Residence Permit (hereinafter referred to as the “Residence Permit”.
  Article 3 (division of duties)
  The municipal development and reform department is responsible for the comprehensive coordination of the implementation of these measures.
  The public security department is responsible for the related registration of residence registration and residence permit.
  The Human Resources and Social Security Department is responsible for the management of the “Residence Permit” points.
  Education, health and family planning, industry and commerce, taxation, housing urban and rural construction, civil affairs, economic information, justice, science and technology and other relevant departments shall, in accordance with their respective responsibilities, do a good job in the service and management related to these Measures.
  The people's governments of all districts are responsible for the specific organization and implementation of these measures within their administrative regions.
  The community affairs acceptance service center set up by the sub-district office and the town (township) people's government is entrusted by the public security department to specifically undertake the residence registration and the residence permit. The Talent Service Center is entrusted by the Human Resources and Social Security Department to specifically undertake the work of the “Residence Permit” points.
  Article 4 (Information Sharing)
  The city has established and improved a unified real population information management system.
  Public security, housing urban and rural construction, human resources and social security, education, health and family planning, industry and commerce, civil affairs, economic information and other departments should promote the interconnection and exchange of information systems between departments, and realize the housing and employment registration of people coming to Shanghai. Sharing and application of social insurance, residence permit points, student status and education, business registration, marriage registration and other information related to population services and management.
  Article 5 (Residential Registration)
  Personnel coming to Shanghai within the territory shall, in accordance with the relevant provisions of the State and this Municipality, go to the Community Affairs Acceptance Service Center of the current place of residence to apply for residence registration; if they meet the requirements of these Measures, they may apply for the Residence Permit.
  Article 6 (main function)
  The Residence Permit has the following main functions:
  (1) A certificate of residence in the city as the holder of the Residence Permit (hereinafter referred to as the holder);
  (2) Recording relevant information required for population management such as the basic situation of the licensee and the change of the place of residence;
  (3) Handling and inquiring about personal points and handling personal related matters in health care, social insurance, education, etc.
  Article 7 (contents stated)
  The contents of the Residence Permit include the name, gender, ethnicity, date of birth, citizenship number, recent photos, address of the permanent residence, residence address, issuing authority, date of issue, and validity period of the endorsement.
  Article 8 (Accepting Body)
  If you need to apply for the Residence Permit, the applicant can go to the Community Affairs Reception Service Center of the current place of residence.
  Minors under the age of 16 and elderly people with disabilities or persons with disabilities may apply for residence registration and apply for a Residence Permit by guardian or close relatives.
  Where the guardian or close relatives handle it on their behalf, they shall provide legal and valid identity documents.
  Article 9 (Bid requirements)
  Those who have left the permanent residence and have registered for half a year in the city to meet the requirements of legally stable employment, legally stable residence, and one of the conditions for continuous study may apply for a Residence Permit in accordance with these Measures.
  The applicant shall provide corresponding certification materials according to the conditions of the application and be responsible for the authenticity and legality of the application materials.
  Article 10 (Acceptance and Completion)
  After the community affairs acceptance service center receives the application materials, if the materials are complete, the acceptance certificate shall be issued and the materials shall be transferred to the public security department; if the materials are not complete, the applicant shall be notified on the spot to fill the materials.
  Article 11 (Information Comparison)
  The public security department conducts information comparison on the application materials through the actual population information management system of the city; if necessary, the relevant materials can be transferred to human resources social security, housing urban and rural construction, education and other relevant departments for verification.
  Article 12 (Issuance, Certification, and Certification)
  The Residence Permit is issued by the public security department.
  For those who meet the conditions for handling, the public security department shall produce a "residence permit" within 15 working days from the date of acceptance. If it cannot be produced on time due to special circumstances, the time for issuing the Residence Permit shall not exceed 30 working days. After the production of the Residence Permit is completed, the Community Affairs Acceptance Service Center will notify the applicant to obtain the certificate.
  Article 13 (Information Change)
  If the registration information of the holder's place of residence or the like changes, the relevant information shall be submitted to the Community Affairs Reception Service Center for information change procedures within 30 days.
  Article 14 (Handling the endorsement)
  The Residence Permit is endorsed once a year. The certificate holder shall go through the formalities of endorsement at the Community Affairs Reception Service Center within 30 days before the expiration of his Residence Permit.
  If the certificate holder fails to complete the endorsement procedure within the time limit, the function of the "residence permit" shall be suspended; if the endorsement procedure is completed, the function of the "residence permit" shall be restored.
  Article 15 (replacement, replacement)
  If the damage of the Residence Permit is difficult to identify or lose, the holder shall promptly go to the Community Affairs Reception Service Center of the current place of residence to apply for redemption or loss reporting or replacement procedures.
  Article 16 (Logout)
  In any of the following circumstances, after the relevant department has identified it, the public security department shall go through the formalities for cancellation of the Residence Permit:
  (1) The certificate holder obtains the "residence permit" by providing false materials at the time of the application;
  (2) The situation of the holder has changed and does not meet the requirements for the residence permit;
  (3) The holder has transferred to the permanent residence of the city;
  (4) Other circumstances as stipulated by laws, regulations and rules that should be written off.
  Article 17 (Basic Public Service)
  In accordance with the relevant provisions of the State and this Municipality, the licensee shall enjoy the right to work in the city, participate in social insurance, deposit, withdraw and use the housing provident fund, and enjoy the following basic public services:
  (1) compulsory education;
  (2) Basic public employment services;
  (3) Basic public health services and family planning services;
  (4) Public cultural sports services;
  (5) Legal aid and other legal services;
  (6) Other basic public services as prescribed by the State and this Municipality.
  Article 18 (convenience measures)
  The licensee enjoys the following facilities in the city in accordance with the relevant regulations of the State and this Municipality:
  (1) Handling entry and exit documents;
  (2) Redeeming and renewing the identity card of the resident;
  (3) Motor vehicle registration;
  (4) Applying for a motor vehicle driving license;
  (5) Applying for professional technical title assessment or examination and vocational qualification examination;
  (6) Handling birth service registration and other family planning certification materials;
  (7) Other conveniences prescribed by the State and this Municipality.
  Article 19 (dynamic adjustment)
  The municipal and district people's governments and their relevant departments shall actively create conditions, gradually expand the scope of providing public services and facilities for licensees, improve service standards, and regularly announce to the public the scope of public services and facilities enjoyed by licensees.
  Public security, education, human resources and social security, health and family planning, housing and urban and rural construction departments shall actively disclose the specific projects, application conditions, basic procedures, and time limits for relevant public services through government websites and brochures. Enjoy the convenience of various public services.
  Article 20 (Point Management)
  The city implements the “residence permit” points management.
  The "residence permit" points management is to set a point indicator system to score the holders who are legally stable and legally stable in this city, and convert their personal situation and actual contribution into corresponding scores; The city's length of residence, working years, the increase in social insurance years and the promotion of academic qualifications and professional titles, the corresponding points accumulate. If the points reach the standard score, you can enjoy the corresponding public service.
  Article 21 (point indicator system)
  The "residence permit" points index system includes basic indicators such as age, educational background, professional technical titles and skill levels, working in the city and paying social insurance years, and set extra points according to the economic and social development of the city and the needs of population service management. Indicators, reduction indicators, one-vote veto indicators. In each indicator project, specific points are divided according to different situations.
  Article 22 (Drafting and Adjustment of the Index System)
  The "residence permit" points index system is formulated by the municipal human resources and social security department in conjunction with the city's development and reform, education, health and family planning, public security, industry and commerce, taxation, housing and urban construction, and economic informationization, and submitted to the municipal people's government for approval. The society announced.
  The index items, point standards and standard scores in the "residence permit" point index system are dynamically adjusted according to the city's economic and social development status and population service management needs.
  Article 23 (Application and handling of points)
  Where a certificate holder applies for a point, he shall provide corresponding certification materials according to the “residence permit” integral index item and entrust his unit to the talent service center.
  After accepting the talent service center, the points materials shall be forwarded to the human resources and social security department for review. If the audit is true, the human resources and social security department shall, within 20 working days, carry out the points according to the “residence permit” integral index system and inform the applicant of the points.
  Article 24 (Transfer of permanent residence)
  If the holder applies for the permanent residence of the city, it shall be implemented in accordance with the relevant provisions of the State and the Measures for the Hold of the Shanghai Residence Permit to Apply for the Permanent Residence of the City.
  Article 25 (Government Services)
  The relevant administrative organs and the staff of the community affairs reception service center and the talent service center shall, in accordance with their duties, provide services and conveniences for the personnel who come to Shanghai to apply for the "residence permit" and points, inquire about relevant information, and enjoy relevant treatment. ,procrastination.
  Article 26 (Information Confidentiality)
  The relevant administrative agencies, as well as the staff of the community affairs reception service center and the talent service center, shall keep confidential the information of the personnel coming to Shanghai during the service and management of the Residence Permit.
  No unit or individual may disclose or use the information of the licensee in violation of the law.
  Article 27 (Guidelines)
  Violation of the provisions of these Measures, the "People's Republic of China Public Security Administration Punishment Law", "Provisional Regulations on Residence Permits" and other laws and administrative regulations have been legally stipulated, from its provisions.
  Article 28 (Administrative Responsibilities)
  If one of the following circumstances occurs, the administrative department of the relevant administrative organ shall be given a warning or a disciplinary action according to law; if the circumstances are serious, the case shall be given a large or degraded punishment; if the circumstances are serious, the dismissal shall be given:
  (1) In the process of handling the "residence permit" and points, the applicant is either guilty or delayed;
  (2) In the process of handling the "residence permit" and points, or when the licensee inquires relevant information and provides relevant treatment, the fee is illegally collected;
  (3) Abusing the powers and engaging in malpractices for the purpose of the applicants' points or materials;
  (4) Leaking or illegally inquiring and using the information of the holder.
  Article 29 (Legal Liability for Providing False Materials)
  If an individual falsifies, alters or uses forged or altered proof materials during the application for the "Residence Permit" or applying for points, the public security department shall impose penalties in accordance with relevant state regulations, and the information on the loss of trust shall be included in the public credit information service platform of the Municipality; No points shall be applied for within 3 years; if a crime is constituted, criminal responsibility shall be investigated according to law.
  If the unit forges, alters or uses the forged or altered certification materials during the application process of the agent's points, the human resources and social security department shall impose a fine of not less than 30,000 yuan but not more than 50,000 yuan. The information about the loss of trust shall be included in the public credit information service platform of the city; If the circumstances are serious, it is not allowed to apply for points in 3 years. The competent personnel directly responsible for the unit and other directly responsible personnel shall be punished by the public security department in accordance with relevant state regulations; if a crime is constituted, criminal responsibility shall be investigated according to law.
  Article 30 (Legal Relief)
  Individuals and units that believe that the relevant administrative agencies infringe their legitimate rights and interests in the service and management of the "residence permit" may apply for administrative reconsideration or file an administrative lawsuit according to law.
  If the holder's unit refuses or fails to apply for the points without proper reasons, the holder may apply directly to the human resources and social security department, and the human resources and social security department shall order the unit to correct or directly accept the application.
  Article 31 (Transitional Provisions)
  The "Residence Certificate" that has been processed before the implementation of these Measures is still valid during the validity period. After the implementation of these Measures, if the residence permit expires and needs to be endorsed, it shall be handled in accordance with the relevant provisions of these Measures. Among them, if the points have been processed and the situation of the holder has not changed, the points may not be re-applied.
  Article 32 (Regulations for Overseas Personnel)
  The registration of residence registration and documents for foreigners, stateless persons, residents of Hong Kong, Macao Special Administrative Region, and residents of Taiwan in the city shall be governed by the relevant provisions of the State and this Municipality.
  Article 33 (Working costs)
  Apply for the Residence Permit for the first time, exempting the cost of documents. If you redeem or replace the "residence permit", you should pay the cost of the certificate. The standard for the cost of the residence permit shall be determined by the municipal finance department and the municipal price administrative department.
  Article 34 (Implementation Rules)
  The Municipal Public Security Bureau, the Municipal Human Resources and Social Security Bureau and other relevant departments shall, in accordance with these Measures, formulate corresponding implementation rules.
  Article 35 (Date of implementation)
  These measures shall come into force on January 1, 2018. The Measures for the Administration of Shanghai Residence Permits promulgated by the Shanghai Municipal People's Government Order No. 2 on May 28, 2013 shall be abolished at the same time.

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