Shaanxi Province, Service Of Floating Population Management

Original Language Title: 陕西省流动人口服务管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377316.shtml

Shaanxi Province, service of floating population management

    (August 5, 2012 161th promulgated by the people's Government of Shaanxi Province as of October 1, 2012) first in order to strengthen and standardize the services of floating population management, ensuring the legitimate rights and interests of floating population, promoting the harmonious development of economy and society, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Second approach applies to services of floating population management activities within the administrative area of the province.

    Floating population in these measures refers to leave the household's County (municipal and district), and in other counties (cities, districts) of living persons; but in the city divided into districts in the administrative area, except for persons living in different places between the district and the district.

    Article services management of the floating population to follow optimization services, security interests, principles of management in accordance with law.

    Article at various levels shall be responsible for the administration of service management of the floating population in leadership and organizational coordination, service management into socio-economic development master plan of the floating population, promoting the integration of migrants live, step by step reform of the household registration system.

    Fifth article of floating people's Governments above the county-level public security organs shall be responsible for information management, management of residence registration and residence permit.

    Development and reform, education, ethnic affairs, civil affairs, finance, human resources and social security, housing and urban-rural development, health, population and family planning, administration for industry and commerce, taxation and other departments shall, in accordance with their respective responsibilities, service management of the floating population.

    The township (town) or sub-district offices, communities and villages (neighborhood) Committee should coordinate with relevant service management of the floating population.

    Sixth State organs, social organizations, enterprises and institutions and the social organizations, should assist in floating population in service management.

    Article seventh province districts of municipal public security organs shall establish a unified service of floating population management information system.

    Governments at all levels of public security organs and relevant departments collect information of floating population, should be uniform entered into the service of floating population management information system for information sharing.

    Eighth migrant service management requirements into the people's Governments above the county-level financial budget, and with the economic and social development has steadily increased.

    Nineth floating population should reach within five working days from the date of the residence, identity card or any other valid identification, to register with the housing police station to declare living.

    Following migrants without residence registration:

    (A) has been registered with the hotel and guesthouse accommodation;

    (B) has been in the hospital for hospital registration;

    (C) relief stations to receive aid;

    (D) studying in full-time education or training institutions;

    (E) living in a relative's home with local household registration, residence time in the 30th.

    Article tenth of the floating population to be living above 30th, should apply for a residence permit.

    Following mobile populations may not apply for a residence permit:

    (A) minors living with guardians;

    (B) in full time education or training institutions.

    Residence permit by the provincial public security authority unified form, issued by the public security organs at county level, valid in the administrative area of the province.

    11th is divided into one-year and three-year residence permit.

    Floating population for the first time to apply for a residence permit, issued residence permit valid for one year.

    Migrants with a residence permit valid for one year, a fixed residence, stable income, continuous residence in their place of residence for more than a year, may apply for a residence permit is valid for three years.

    12th holding residence permits floating in change of residence address within the province shall, within five working days from the date of the change, to register with the Declaration of change of residence current place of residence police station.

    13th residence certificate is lost, damaged, licensee shall promptly to live police station to apply for a replacement, renewal. Article 14th migrant residence registration, residence permits, registration of change of residence, and shall not charge a fee. Residence permits to apply for a replacement due to loss, damage, renewal, he shall pay the fee.

    Cost by price administrative departments of the province, in conjunction with provincial financial departments.

    15th employers recruit migrants, should register their basic information such as name, ID, and urge them to declare in accordance with these measures residence registration, apply for a residence permit or a declaration of change of residence registration.

    An employing unit shall, in relation to migrants entered into and within five working days from the date of termination of labor relations, to report to the local police station.

    An employer who employs more than 100 of floating population, you should set up full-time staff in charge of the services of the floating population management work.

    16th housing lessors, or its authorized agent, property service unit shall, at the time of stay of the floating population to register their names, identification papers and other basic information, and urge them to declare in accordance with these measures residence registration, apply for a residence permit or a declaration of change of residence registration.

    Rental or its authorized agents, property services units shall be termination of the stay of the floating population living within five working days of the date, and to report to the local police station.

    17th levels of people's Governments shall establish and gradually improve the service system of floating population and floating population in public services, social security combined with the registration of residence, a residence permit management system.

    Article 18th migrants with a residence permit valid for one year, the residence can enjoy the following services:

    (A) free access to employment services provided by the public employment services;

    (B) family planning couples of childbearing age have free access to the national basic items of family planning technical services;

    (C) free access to basic public health services of the State;

    (D) participate in social insurance schemes according to law;

    (E) as required to participate in professional and technical positions of residence qualification assessment or examination, vocational (practice) qualification examination, vocational (practice) is eligible to be registered;

    (F) according to the regulations of government departments provide a range of free training;

    (G) according to the regulations of Government affordable housing;

    (VIII) other public services provided by the people's Government of residence.

    Article 19th migrants holding residence permits valid for three years, in their place of residence in addition to the provisions of article 20th services, can enjoy the following services:

    (A) in their place of residence to apply for driver's license and vehicle registration;

    (B) go to residence in Hong Kong and Macao business visit endorsement procedure;

    (C) shall participate in the community of residence matters related to social organization and management;

    (D) the married couples of the birth of the first child, in the residence of the township (town) people's Governments or neighborhood offices for fertility services registration;

    (E) other public services provided by the people's Government of residence.

    Article 20th migrants holding residence permits, permanent residence, stable income, in the residence of a certain number of years ' continuous residence, can apply for permanent residency. Living 21st along with the guardians of school-age children and adolescents, in the residence is compulsory.

    Residence school district schools school size limits unacceptable, arranged by the county administrative departments of education enrolled schools.

    22nd levels of people's Governments of relevant sectors and of social and public affairs institutions, through Web sites, bulletin boards and service initiative to inform migrants can enjoy services such as Windows, to facilitate the migrants.

    Article 23rd migrant's legitimate rights and interests are infringed upon, residence of the relevant departments shall receive in a timely manner and according to law.

    24th Service staff of the relevant departments of the people's Governments at various levels in the floating population in the management of the access to information, should be kept confidential.

    25th mobile population made outstanding contributions in economic construction, social development, living people's Government above the county level and their departments should give encouragement and reward.

    Article 26th acts in violation of these rules, laws and regulations on penalties from its provisions.

    27th floating disobey Nineth, tenth, 12th article, be warned by public security organs, a rectification; fails to change the imprisonment penalty of 100 Yuan.

    28th the employer in violation of the provisions of article 15th, be warned by public security organs, a rectification; fails to change, fined a maximum of between 1000 and 500 Yuan.

    29th national staff, any of the following acts, by its authorities or supervisory authorities be given an administrative sanction; activities contravening public security management, for punishment by public security organs constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) on migrants declared residence registration, apply for a residence permit or the Declaration of change of residence registration is not in accordance with the law;

    (B) at the time of registration of residence, a residence permit or residence registration process, violation of these rules to the floating charge;

    (C) infringe on the legitimate rights and interests of floating population's behavior is not processed in a timely manner in accordance with law;

    (D) information of the Roma, the sale or use of unlawful disclosure;

    (E) other violations of migrants ' rights.

    Other valid identification in 30th article of the rules, refers to a booklet, passport, driver's license, proof of residence and so on.

    31st foreign nationals, stateless persons and Hong Kong and Macau S.A.R. residents and Taiwan residents not to apply this approach.

    Article 32nd of Shaanxi Province, has been the temporary residence permit of the floating population, after the implementation of these measures to apply for a residence permit, residence continuous calculation. 33rd article this way come into force October 1, 2012. Shaanxi Province, July 8, 1996 issued by the provincial Government of the temporary regulation repealed simultaneously.