Interests Of Returned Overseas Chinese And Relatives Of Overseas Chinese In Nanjing Protection

Original Language Title: 南京市华侨归侨侨眷权益保护办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369114.shtml

Interests of returned overseas Chinese and relatives of overseas Chinese in Nanjing protection

    (February 17, 2012 Nanjing municipal people's Government of the 66th general meeting February 19, 2012 Nanjing municipal people's Government order No. 284, published since April 1, 2012) first in order to protect the legitimate rights and interests of overseas Chinese and returned overseas Chinese and the family members, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated. Article II settled overseas in these measures refers to Chinese citizens in foreign countries.

Consists of the following two situations:

(A) has been living in the country's long-term or permanent residence and live in residence for two years in a row, stay within two years of not less than 18 months;

    (B) without a long-term or permanent residence in the country, but living in the country for five consecutive years (five years) legal status of residence five years within home country stay of 30 months.

    Third residing in these measures refers to give up living in the country long-term, and in accordance with the law or the legal right to return home permanently set up procedures for overseas Chinese.

Fourth family members mentioned in these measures refers to overseas Chinese and returned overseas Chinese in China's spouse, parents, children and their spouses, brothers, sisters, grandparents, grandparents and grandchildren children, grandchildren, as well as overseas Chinese and returned overseas Chinese and other relatives who have a dependent relationship five years.

Died or after changing the status of overseas Chinese and returned overseas Chinese and family members of its domestic family status is not changed.

    Law and overseas Chinese, returned overseas Chinese and their children on dissolution of marriage or termination of dependency relations with overseas Chinese, returned overseas Chinese, their identities lost original identified by the family members.

Fifth returned overseas Chinese status upon his/her request, issued by the municipal overseas Chinese Affairs departments and syndrome of returned overseas Chinese in Nanjing.

Consistent with the provisions in the city, introduced by the city's overseas Chinese and overseas Chinese, while working in the city can enjoy the treatment of returned overseas Chinese.

    Family members of identity upon his/her request, by County of domicile (area) certified and issued by the city of Nanjing and the family members of overseas Chinese Affairs card.

Sixth city, County (district) shall exercise leadership in the city and the protection of legitimate rights and interests of returned overseas Chinese and the family members of overseas Chinese.

City, County (district) and overseas Chinese Affairs Department is the Administrative Department of overseas Chinese Affairs work within their respective administrative areas, is responsible for the protection of the legitimate rights and interests of overseas Chinese and returned overseas Chinese and the family members organization and coordination, guidance and supervision and inspection work.

City, County (district) people's Government departments and units according to their respective duties well overseas, protecting the legal rights of returned overseas Chinese and the family members work.

    Town (Street) should be based on the characteristics of overseas Chinese and returned overseas Chinese and the family members of the region, use of community services coordination network and other social resources related services.

Seventh article of the municipal Federation of returned overseas Chinese (hereinafter the Federation) represents the interests of returned overseas Chinese and the family members, carrying out activities in accordance with its Statute, reflect the reasonable demands of returned overseas Chinese and the family members, safeguard their legitimate rights and interests.

    Overseas Chinese, returned overseas Chinese and the family members of legally established social bodies carrying out activities in accordance with the Constitution, whose legal rights and interests are protected by law.

    Article eighth city, County (district) Government will include overseas Chinese funds in the budget at the same level, and to protect it.

    Nineth of municipal people's Government launched an overseas survey every five years, investigative work by the municipal overseas Chinese Affairs Department, in conjunction with the municipal Statistics Department.

    Tenth approved back to the settlement of overseas Chinese, returned overseas Chinese relevant departments shall, in accordance with the relevant provisions of set up procedures belonging to shortage in this city, the departments concerned should be given priority.

    11th overseas Chinese People's Republic of China passport investment activities in the city, the relevant departments and units should facilitate the accreditation of their identity and.

12th city, County (district) of overseas Chinese Affairs departments shall recommend overseas Chinese, returned overseas Chinese and the family members on behalf of candidates in the elections of the people's congresses at all levels.

The County (district) or town deputies to the people's congresses during the elections, or before going abroad, the city of origin of overseas Chinese living in the city by law in their areas of origin, before leaving the place of residence, or in the constituency in which the city is now working, learning to participate in the elections. Returned overseas Chinese and their relatives in accordance with the relevant rules and procedures, members of the CPPCC at all levels.

    Overseas Chinese in accordance with the relevant rules and procedures, specifically invited members of the Committee of the municipal Committee of the CPPCC.

13th city, County (district) there is difficulty in the departments concerned under the life of returned overseas Chinese and the family members of relief in accordance with the following provisions: (A) meet the conditions for the subsistence allowances for urban residents, according to law into the scope of minimum life guarantee.

Meets the minimum security requirements for returned overseas Chinese I, protection of monthly in accordance with standard 10%, gold;

(B) for the returned overseas Chinese and the family members of the elderly, the disabled, seriously ill patients, special difficulties, such as basic living allowances for care of minors, on the enjoyment of Lo-Fi still have great difficulties after family and away from basic living allowances to low-income families, the Department concerned may, in accordance with the provisions for temporary living assistance or special assistance;

    (C) it meets the conditions required in social welfare homes, homes for the returned overseas Chinese and the family members, the Department concerned can give priority.

14th of municipal and County (district) people's Government and the relevant departments for the employment of returned overseas Chinese and the family members of vocational guidance, vocational training, placement and employment assistance services.

    Overseas Chinese to work in the city, the employing unit shall, within one month after the contract human resource and Social Security Department to apply for legal employment procedures, obtain an employment permit.

15th overseas Chinese, returned overseas Chinese and the family members employed in the city, its treatment of social insurance registration, payment, payment, in accordance with national and provincial and municipal regulations.

Overseas Chinese and the employer establishes labor relationship, the employing unit shall enter into labor contracts, and overseas Chinese in my valid passport, labor contracts and other documents to your local social insurance agency for it to carry out registration, payment, social insurance premium paid by employer and himself in accordance with the regulations.

    Flexible employment of overseas Chinese can hold valid passports, Nanjing overseas talent residence certificate and other evidence, the local social insurance agency for social security insurance payment. 16th to participate in basic old-age insurance for employees of overseas Chinese and returned overseas Chinese and their relatives, in reaching the legal retirement age, the cumulative toll of less than 15 years, may be extended in accordance with the relevant provisions of the municipal contribution to at least 15 years.

People's Republic of China before the implementation of the law on social insurance coverage, extended payment five years after less than 15 years, you can make a one-time payment to at least 15 years in accordance with the relevant provisions.

    Overseas Chinese in this city before reaching the statutory basic pension conditions to settle down, and his personal account shall be maintained, meet the statutory conditions can receive in accordance with State regulations, enjoy the old-age insurance benefits.

    Article 17th of returned overseas Chinese and family members of the difficulties to participate in urban resident basic medical insurance or new-style rural cooperative medical care required personal contributions, relevant departments shall, in accordance with the provisions of the appropriate allowance; of the urban basic medical insurance or compensation is still beyond the affordability of the new rural cooperative medical treatment, timely and appropriate relief. Article 18th retired, retirement or resignation of returned overseas Chinese and the family members allowed to settle down, according to relevant regulations of the State's retired, retirement, retirement benefits unchanged.

    Commissioned pension, is needed every year to the unit or the social insurance agency is responsible for paying the pension provided by our Embassy in their home country (consular) institution or the country in which the notarial certificate of proof of life. 19th to encourage overseas Chinese and overseas Chinese, returned overseas Chinese and their relatives in this city set up, donations of various types of public welfare undertakings.

Public welfare project of the ownership, use, names should not be changed.

Overseas Chinese contribute to charities because of special circumstances really necessary change of use, the recipient donor should be justified and inform the home counties (districts) of overseas Chinese Affairs departments and the original approval authority.

Overseas Chinese, overseas Chinese and returned overseas Chinese and the family members and their overseas friends and relatives to invest in enterprises, donations to public welfare undertakings, in accordance with relevant State regulations, enjoy tax breaks.

    Have made outstanding contributions to overseas Chinese, overseas Chinese and returned overseas Chinese and family members of donors, the departments concerned to encourage and recognize.

20th to meet the housing conditions of urban families of returned overseas Chinese and the family members, priority in the same condition into the low-rent housing, affordable housing, public rental housing supply range.

    Village or town planning building, is imposed by the Chinese in private houses in rural areas, is imposed by people overseas in the compensation and rehousing arrangements equal treatment with local villagers. 21st due to the public interest needs to be migrated overseas Chinese ancestral tombs, the construction unit shall inform the overseas Chinese or his family at home, and reasonable compensation.

    Migration, the special State protection of overseas Chinese ancestral tombs, and shall be approved by the County (district) people's Government and informed the municipal overseas Chinese Affairs departments. 22nd by overseas Chinese, returned overseas Chinese shall comply with provincial and municipal population and family planning regulations.

The following conditions, upon application and approval procedures, can have children:

(A) the overseas Chinese and residents of this municipality married childbearing, births have settled outside;

(B) spouses are overseas Chinese and original domicile of a party in the city, have given birth have settled outside;

(C) the husband and wife are returned overseas Chinese, to settle in the Mainland and only one child less than six years, or if the children are settled outside.

    Married overseas Chinese and residents of this municipality, outside in the number of children does not meet provincial and municipal population and family planning regulations, and the children to settle in this city, shall pay social maintenance fee.

23rd guardian residence in their countries by overseas Chinese children attending compulsory education schools, in accordance with the exemption of the principle of vicinity, by County of residence (district) educational authorities according to the school district division provisions of school, free tuition and miscellaneous fees in accordance with law.

Receiving compulsory education of the children of overseas Chinese schools shall not in any name and form established for the children of overseas Chinese or unauthorized fees and charges increased fees.

    Returned overseas Chinese, returned overseas Chinese and overseas Chinese children of students apply for colleges and universities, secondary schools, in accordance with the relevant provisions of the national, provincial and municipal policy points.

    24th outside of returned overseas Chinese and the family members need to dispose of property or the acceptance of inheritances, legacies, gifts, competent authorities should provide the necessary assistance. 25th returned overseas Chinese and the family members to apply for the exit, the unit shall be taken to prejudice the provisions of their legitimate rights and interests.
Before in obtaining entry visas to the country or region, is allowed to force his resignation, suspension, without pay, drop out of school or to make back housing shall not be imposed on their own deposits, deposit certificates or withhold the certificate of land ownership and property rights.

    26th to encourage overseas Chinese and overseas Chinese, returned overseas Chinese and their relatives to participate in the city's economic and social development.

Relevant departments shall, according to the overseas Chinese and overseas Chinese, returned overseas Chinese and the family members of investment needs, policy advice, financial support, providing services and information needs.

Overseas Chinese, overseas Chinese and returned overseas Chinese science and technology personnel are encouraged to take part-time jobs, consulting, lecturing, research and technical cooperation, technology shares, enterprises and other forms of investment, work or services to the city and to enjoy preferential treatment for State and municipal. Overseas Chinese and overseas Chinese, returned overseas Chinese and their relatives in the city's investment, investment income and other lawful rights and interests are protected by law, and no unit or individual may seize, damage.

    Have made outstanding contributions to overseas Chinese, overseas Chinese and returned overseas Chinese and overseas Chinese investors, according to the relevant provisions, I commend or award.

27th to encourage overseas Chinese and overseas Chinese, returned overseas Chinese and their relatives in the city to carry out patent applications, trademark and copyright registrations and other activities to safeguard their intellectual property rights, rights holders and other legitimate rights and interests of the applicant.

Overseas Chinese, overseas Chinese investors to use patents, scientific research, proprietary technology, such as starting a business in accordance with law, enjoy the students studying overseas to return home and the relevant policies. Accredited overseas Chinese, overseas investment in high-tech enterprises, and to enjoy tax preferential treatment.

    Consistent with principles of loan, in accordance with the relevant provisions of the State credit. 28th city, County (district) people's Governments and their relevant departments contact, introduction of high-level talents and services.

Encouraged overseas Chinese, overseas Chinese and returned overseas Chinese and relatives give play to talent advantage, supporting them through their friends and relatives outside talent.

The city has introduced overseas Chinese, overseas Chinese and returned overseas Chinese talents in science and technology innovation, relevant departments in accordance with the provisions to give businesses start-up, finance fiscal support, and provides related services.

In the work of the municipal overseas Chinese, overseas Chinese in accordance with conditions of residence permits to apply for overseas talent, may apply in accordance to.

    Overseas Chinese and overseas Chinese talents to the city, departments should be in business support, the employment of spouses, children, customs clearance and so on according to the provisions of laws and policies provide the appropriate facilities.

29th, returned overseas Chinese and overseas Chinese can legally be hired or appointed () is a national staff to meet the conditions of open selection of leading cadres, in accordance with the relevant provisions of public selection.

    Overseas Chinese and returned overseas Chinese professional work in this city, you can participate in this professional title of qualification, its outside professional work experience and accomplishments as a professional title of qualification references.

    30th of municipal and County (district), and overseas Chinese, overseas Chinese Affairs departments should promote the cultural exchange and strengthen cooperation with overseas Chinese, overseas Chinese and returned overseas Chinese and the family members of eminent persons on economic, scientific and technological, cultural, as well as exchanges and cooperation of well-known overseas Chinese and overseas Chinese communities.

    31st city, County (district) departments shall do overseas Chinese, returned overseas Chinese and relatives of overseas Chinese Affairs rights legal advocacy, advice, complaints and dispute resolution work to help overseas Chinese, overseas Chinese and returned overseas Chinese in this city business, problems encountered in life, the departments concerned shall provide assistance. 32nd by overseas Chinese, returned overseas Chinese and their relatives in the country's legitimate rights and interests are infringed has the right to complaint, complaint to the relevant Department, receiving Department shall promptly dealt with. Meets the conditions for legal aid, legal aid agencies should give priority to accept.

    Federation of organizations at all levels should provide necessary support and assistance.

    33rd State organ personnel who abuse their powers, neglect their duties, engage, cause harm to legitimate rights and interests of overseas Chinese and returned overseas Chinese and the family members, directly responsible for the executives and other persons directly responsible shall be given administrative sanctions or disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

Article 34th Chinese foreigners mentioned in these measures refers to the foreign nationality of descendants of original Chinese citizens and foreign nationals, and Chinese citizens of foreign descent.

Overseas Chinese approved recovery or to acquire Chinese nationality and in accordance with the law to set up procedures in China, as a returned overseas Chinese.

    Overseas Chinese in China shall have Chinese nationality family regarded as family members and its reference to the first paragraph of this article fourth.

    35th second, three of these measures, the provisions of SI、sanshisitiao apply only to overseas Chinese, returned overseas Chinese and the family members of overseas Chinese status defined in the treatment of domestic policies, in accordance with the relevant provisions. Article 36th these measures shall take effect on April 1, 2012.