Measures for Chongqing Municipality to Implement the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families
Article 1 In order to protect the legitimate rights and interests of Returned Overseas Chinese and their families, these Measures are formulated in accordance with the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Measures for the Implementation of the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families, combined with the actual situation of this Municipality.
Article 2 Returned overseas Chinese refer to overseas Chinese who have returned to China to settle down. Overseas Chinese are China citizens designated to live abroad.
the family members of overseas Chinese refer to the families of overseas Chinese and returned overseas Chinese in China, including their spouses, parents, children and their spouses, brothers and sisters, grandparents, grandchildren and grandchildren, and other relatives who have long-term support relations with overseas Chinese and returned overseas Chinese as certified by a notary public.
article 3 the identity of returned overseas Chinese and their relatives shall be confirmed by the overseas Chinese affairs department of the people at or above the county level according to law.
after the death of overseas Chinese and returned overseas Chinese, the status of their domestic dependents as relatives of overseas Chinese confirmed by law remains unchanged.
if the marriage relationship with overseas Chinese, returned overseas Chinese and their children is dissolved or the dependency relationship with overseas Chinese and returned overseas Chinese is dissolved according to law, their status as relatives of overseas Chinese will be lost by themselves.
Article 4 The people of * * * * autonomous counties * * * in cities and counties should attach importance to and strengthen the protection of the legitimate rights and interests of returned overseas Chinese and their relatives, and include the funds for overseas Chinese affairs in the financial budget at the corresponding level to ensure it.
the institutions in charge of overseas Chinese affairs of the people of * * * * Autonomous County * * * in cities and counties shall organize and coordinate relevant departments to do a good job in protecting the legitimate rights and interests of returned overseas Chinese and their relatives, and organize the supervision and inspection of the implementation of laws and regulations on the protection of the rights and interests of returned overseas Chinese and their relatives within their respective administrative areas.
relevant departments such as public security, industry and commerce, finance, taxation, human resources and social security, civil affairs, education, land and housing management in * * * autonomous counties of cities and counties shall do a good job in protecting the legitimate rights and interests of returned overseas Chinese and their relatives within their respective functions and duties.
township people and neighborhood offices shall, according to the characteristics of returned overseas Chinese and their relatives, rely on the community service network, make comprehensive use of various social resources, and do a good job in protecting and serving the rights and interests of returned overseas Chinese and their relatives within their respective jurisdictions.
Article 5 For overseas Chinese who have been approved to settle in this Municipality, the relevant departments shall go through the relevant procedures in accordance with the relevant provisions of the State and this Municipality; Belonging to the shortage of talents in this city, the relevant departments should give priority to it.
For overseas Chinese who come to work in this city but don't settle down, with valid certificates, they can enjoy the treatment of citizens in terms of buying a house, starting a nursery for their children, entering a school, entering a higher school and taking a bus.
Article 6 The Municipal People's Congress and the people's congresses of * * * autonomous counties with a large number of returned overseas Chinese and their relatives shall have a certain number of representatives of returned overseas Chinese.
article 7 federations of returned overseas Chinese at all levels or federations of returned overseas Chinese and their relatives are people's organizations representing the interests of returned overseas Chinese and their relatives, and should actively safeguard the legitimate rights and interests of returned overseas Chinese and their relatives according to law. People at all levels and their relevant departments shall give support and help to their work.
Returned overseas Chinese and their relatives have the right to apply for the establishment of other social organizations in accordance with the law, and carry out legal social activities suitable for the needs of returned overseas Chinese and their relatives in accordance with their respective articles of association.
the legitimate rights and interests and property owned by social organizations established by returned overseas Chinese and their relatives according to law are protected by law, and no unit or individual may occupy or damage them.
article 8 people at all levels should encourage, support and guide returned overseas Chinese and their relatives to invest and set up industries, especially high-tech industries, in various forms according to law, and their legitimate rights and interests are protected by law.
enterprises set up by returned overseas Chinese and their relatives, in which the discount of domestic foreign currency and non-monetary investment accounts for more than 25% of the total investment, shall be confirmed by the overseas Chinese affairs office of the people's Republic of China at or above the county level and reported to the relevant departments for approval, and enjoy the treatment of foreign-invested enterprises.
if returned overseas Chinese and their relatives transfer or license their intellectual property rights to enterprises and institutions in this municipality, they can obtain the transfer and license fees in accordance with relevant regulations. Among them, those who invest in the establishment of enterprises with intellectual property rights will gain profits and bear risks according to the proportion of investment.
Article 9 Returned overseas Chinese and their relatives shall invest in the Three Gorges reservoir area of the Yangtze River and poverty-stricken areas, remote areas and ethnic minority areas in this Municipality, or develop barren hills, wasteland and beaches, or engage in agriculture, forestry, animal husbandry and fishery production, and people at all levels shall give policy support in terms of funds and land.
enterprises invested and established by returned overseas Chinese and their relatives in this city enjoy preferential tax reduction and exemption policies according to the relevant provisions of the state and this city.
Article 1 Returned overseas Chinese and their relatives shall introduce foreign capital to set up public welfare undertakings in this city, and the local people shall support them; Outstanding contributions should be rewarded.
Returned overseas Chinese and their relatives who accept materials donated by relatives and friends of * * * for public welfare shall enjoy the treatment of tariff reduction or exemption and import value-added tax in accordance with relevant state regulations. The organization that establishes the public welfare undertaking or the user of the donated materials shall respect the wishes of the donors, and shall not change the purpose of the donation, or sell or misappropriate the donated property. No one may intentionally damage the donation sign or occupy the donated property.
if returned overseas Chinese and relatives of overseas Chinese donate property to China, the institution in charge of overseas Chinese affairs of the people at or above the county level shall, at the request of the donor, assist in handling the relevant entry formalities, provide assistance to the donor in implementing the donation project, and supervise the use and management of the donated property according to law.
Article 11 Returned overseas Chinese and their relatives have the right to possess, use, profit from and dispose of their private houses according to law, and no organization or individual may infringe upon them.
Article 12 The problem of private houses of returned overseas Chinese and their relatives left over from history shall be handled in accordance with relevant state policies and regulations.
Article 13 Any unit or individual renting a private house of returned overseas Chinese and their relatives must sign and perform a lease contract according to law.
if the returned overseas Chinese and their relatives illegally occupy their private houses, the occupier shall return them unconditionally and compensate the property owner for the economic losses caused thereby.
article 14 if it is really necessary to expropriate the private houses of returned overseas Chinese and their relatives, it shall be implemented in accordance with the regulations of the State Council on expropriation and compensation of houses on state-owned land and the relevant provisions of this municipality on expropriation of houses on state-owned land.
Article 15 The lawful foreign exchange income of returned overseas Chinese and their relatives shall be protected by law, and no unit or individual may occupy, delay payment, forcibly borrow, illegally freeze or confiscate it.
Article 16 Returned overseas Chinese students, children of Returned Overseas Chinese and children of overseas Chinese shall be taken care of according to the following provisions:
*** A * * Children of overseas Chinese who attend kindergartens, primary schools and secondary schools in the guardian's residence in this city shall be treated as children of citizens in this city in handling procedures and charging fees.
*** 2 * * Those who apply for various institutions of higher learning, secondary vocational schools and middle schools shall be taken care of according to the relevant provisions of the state and this Municipality.
article 17 the unemployed, especially the unemployed employees of returned overseas Chinese and their relatives, local people, relevant departments, enterprises and institutions shall provide necessary guidance and services in vocational training, job introduction and employment, so as to help them realize re-employment.
people at all levels should safeguard the social security rights and interests of returned overseas Chinese and their relatives in accordance with the law. Employers and employees of returned overseas Chinese and their relatives shall participate in local social insurance according to law and pay social insurance fees on time and in full. All social insurance institutions must timely and fully pay all social insurance benefits enjoyed by returned overseas Chinese and their relatives.
article 18 people at all levels should incorporate the work of supporting returned overseas Chinese and their relatives in rural areas to get rid of poverty into the poverty alleviation plan at the corresponding level, and give priority support in terms of projects and funds.
Returned overseas Chinese and their relatives who have lost their ability to work and have no financial resources or have real difficulties in life should be given relief by relevant departments at all levels, such as * * * and civil affairs, to ensure their basic livelihood.
for the early returned overseas Chinese who have been audited by the municipal overseas Chinese affairs office and the municipal civil affairs department, if their life is really difficult, the local * * * should give appropriate subsidies.
Encourage all kinds of charities and other units and individuals to give assistance to returned overseas Chinese and their relatives who have difficulties in life.
article 19. the contacts and correspondence between returned overseas Chinese and their relatives and friends in * * * are protected by state laws, and no unit or individual may restrict or interfere. It is strictly forbidden to destroy, conceal, steal or illegally open the mail of returned overseas Chinese and their relatives. The postal department shall compensate the returned overseas Chinese and their relatives for the loss, damage or shortage of postal materials.
Article 2 Returned overseas Chinese and their relatives who apply to study and give lectures abroad at their own expense, or who leave the country for business, shall not be required by their unit or school to resign or drop out of school before obtaining an entry visa for the country they are going to; After being allowed to leave the country, he should be allowed to retain his public office or school status for at least one year.
When returned overseas Chinese and their relatives apply for leaving the country to settle down, their units and relevant departments should go through the relevant formalities in a timely manner without undue obstruction or delay; Before obtaining the entry visa of the country of residence, he shall not be dismissed, dismissed or terminate the labor contract on the grounds of leaving the country for residence.
Article 21 When employees of returned overseas Chinese and relatives of overseas Chinese leave the country to visit relatives, their work units shall give them family leave or personal leave in accordance with relevant regulations, and shall not make provisions that harm their rights and interests; Returned overseas Chinese and their relatives meet their overseas relatives in China, according to the relevant provisions of the state. Returned overseas Chinese and their relatives visiting their children abroad shall be handled according to the relevant state regulations on visiting relatives.
Article 22 Returned overseas Chinese and their relatives who have retired * * * and retired * * * according to state regulations are allowed to leave the country for settlement, and the benefits they enjoy for retirement * * * and retirement * * according to state regulations remain unchanged. Its pension can be entrusted to others, but it is necessary to provide the original work unit or the social insurance agency responsible for paying the pension with the personal survival certificate file issued by the Chinese diplomatic * * * consular agency in the country where it is located or the notary office in the country where it is located.
Returned overseas Chinese and their relatives who have retired * * * and left the country to settle down and go back to China for medical treatment shall enjoy corresponding medical treatment in accordance with relevant local regulations.
if the employees of returned overseas Chinese and their relatives who do not meet the retirement conditions stipulated by the state are allowed to leave the country for settlement, they shall go through the formalities of resignation, dismissal and termination of labor relations in accordance with the relevant provisions of the state, enjoy one-time severance payment and related benefits in accordance with the relevant provisions of the state, and have already participated in basic old-age insurance and basic medical insurance, the social insurance agency shall settle the expenses that should be attributed to them in one lump sum in accordance with the relevant provisions of the state and this Municipality, and terminate their basic old-age insurance and basic medical insurance relations.
Returned overseas Chinese and their relatives are allowed to leave the country for settlement, and those who participated in other social insurances other than those specified in the preceding paragraph before leaving the country shall enjoy corresponding social insurance benefits in accordance with relevant state regulations.
Article 23 Returned overseas Chinese and their relatives may exchange foreign exchange when going abroad to visit relatives or settle down. Those who leave the country to settle down, the social insurance money and housing accumulation fund they receive can be exchanged for foreign exchange and remitted or taken out of the country in accordance with regulations.
Article 24 The houses purchased by returned overseas Chinese and their relatives who are allowed to settle abroad are protected by law; Houses that need to be sold or rented shall be handled in accordance with relevant regulations.
after the retired * * * retired * * * and retired returned overseas Chinese workers leave the country to settle down, their spouses or immediate family members who live with * * * can continue to use the original rented public housing, and the rent is paid according to the local unified housing rent standard.
Article 25 Returned overseas Chinese and their relatives who apply for leaving the country to settle down, visit relatives, visit friends, inherit property, study abroad at their own expense, etc. must apply to the public security organ of the county * * * Autonomous County where their household registration is located. The public security organ shall, in accordance with the relevant provisions on entry and exit administration, complete the formalities within ten working days after receiving the application and notify the applicant; Those who apply for leaving the country to attend funerals or visit critically ill patients shall be given priority according to the valid certificates provided by the applicant.
if the applicant fails to receive the notification of the processing result within the prescribed time limit, he has the right to inquire, and the relevant public security organ shall give a reply within two working days.
article 26 in case of violation of the law of the people's Republic of China on the protection of rights and interests of returned overseas Chinese and their relatives, the measures for the implementation of the law of the people's Republic of China on the protection of rights and interests of returned overseas Chinese and their relatives, and these measures, the Federation of returned overseas Chinese and their relatives has the right to complain and report to the relevant departments and units, and the relevant departments and units shall deal with them in a timely manner according to law, and reply the results to the parties in a timely manner.
Returned overseas Chinese and their relatives may also bring a lawsuit to the people's court according to law. Legal aid institutions shall provide legal aid to returned overseas Chinese and their relatives who have real financial difficulties. The Federation of Returned Overseas Chinese at or above the county level or the Federation of Returned Overseas Chinese and their relatives shall give support and help.
Article 27 The relevant competent department or supervisory organ shall, according to the seriousness of the case, give criticism and education to the persons in charge and directly responsible who violate the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families, the Implementation Measures of the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and their Families, or give administrative sanctions; Causing property losses or other damage, it shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
The relevant competent departments or judicial organs should promptly and give priority to cases involving overseas Chinese. At the same time, the relevant decision will be informed to the people at the same level, the Overseas Chinese Affairs Office, the Federation of Returned Overseas Chinese or the Federation of Returned Overseas Chinese.
Article 28 The residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region who have settled in this Municipality and their families, and the families of foreign Chinese who have China nationality living in this Municipality shall be implemented with reference to these Measures.
Twenty-ninth Municipal People's Congress and its relevant departments shall formulate corresponding supporting policies according to these Measures.
article thirtieth these measures shall come into force as of January 1, 212.
apply for the identity card of returned overseas Chinese and their relatives
if the relevant departments or units require them to provide the identity certificate of returned overseas Chinese and their relatives in order to safeguard one of their legitimate rights and interests or implement one of their overseas Chinese policies, they must apply in accordance with the law and provide valid identification materials, and submit them to the administrative department for overseas Chinese for auditing, confirming their identity and issuing the identity certificate of returned overseas Chinese and their relatives.
1. Proof materials to be provided
*** 1 * * To apply for identity confirmation of returned overseas Chinese, residents' household registration book, foreign birth certificate and passport certificate must be provided * * * with the authentication of the diplomatic department and the embassies and consulates of relevant countries in China * * *, and the public security management department should affix the official seal to the photocopy of its entry and exit records, and at the same time attach the description * * * and unit that are consistent with the original.
*** When applying for identity confirmation, the family members of overseas Chinese who are returned overseas Chinese, overseas Chinese or foreign Chinese should provide identification materials, personal identification materials and kinship certificates issued by the police station in the street, town or the place where their household registration is located. The proof of kinship between the family members of overseas Chinese and returned overseas Chinese can also be issued by the unit of either party according to legal and valid materials.
The identification materials of returned overseas Chinese, overseas Chinese or foreign Chinese include household registration book, foreign birth certificate, passport certificate * * * with the authentication of the diplomatic department and the embassies and consulates of relevant countries in China * * *, and photocopies of their entry and exit records by the public security administration department *