Interim Provisions On The Aliens ' Service In Guangdong Province

Original Language Title: 广东省外国人管理服务暂行规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351888.shtml

Interim provisions on the Aliens ' service in Guangdong Province

    (January 21, 2011 11th people's Government of Guangdong province for the 68th Executive meeting considered by people's Government of Guangdong Province, March 1, 2011 to 155th published since May 1, 2011) Chapter I General provisions

    First in order to regulate aliens, optimize foreign service, promote the harmonious development of society, in accordance with the relevant laws and regulations, combined with the facts of the province, these provisions are formulated.

    Provisions of this article applicable to foreigners within the administrative area of the province administration and services.

    Article management and service work of aliens, shall abide by the law, live optimization services and territorial management principles.

Article within the administrative area of people's Governments at all levels are responsible for the management and service work of foreigners.

    Prefecture-level city people's Government as well as the actual needs of the county people's Governments shall establish foreign management and service coordination mechanisms, coordination, guidance and supervision of the management and service work of foreigners in their administrative areas.

Article fifth foreign management and service work of public security organs Department, relevant departments of the people's Governments at all levels as well as customs, entry-exit inspection and quarantine, exit-entry frontier inspection department shall, in accordance with their respective responsibilities, management and service work of foreigners.

Residents ' and villagers ' committees shall assist in management and service of foreigners.

    Employment and foreign units shall in accordance with the "who to invite, who is in charge of who received, who is responsible for the" principles of good day-to-day management and service work.

Sixth article of the foreigners in the province, administrative region shall abide by China's laws, rules, regulations, and respect for the cultures of all ethnic groups, may not endanger our national security, harm public interests or disrupt public order, shall be without prejudice to the legitimate rights and interests of citizens, legal persons and other organizations.

    People's Governments at all levels and departments shall safeguard the legitimate rights and interests of foreigners.

Seventh people's Governments above the county level shall establish foreigners information management and service platform for government information sharing.

    Relevant departments shall be aliens and services inform other relevant sectors.

Eighth an employer employing foreigners with special needs should be the post, domestic n/a suitable candidate, and do not violate the relevant provisions of the State post.

    The employer shall verify the invitees, truthfully to the invitation for the authorized organization or recognized in the invitation letter of unit (hereinafter referred to as the authorized organization) reports, and responsible for inviting.

Nineth has been authorized body shall, in accordance with relevant State regulations, verification of qualification of the employer and request information to be invited, and to cooperate with relevant departments to investigate the use of the authorized organization invitations or engage in illegal activities under the invitation confirmation Act.

    Authorized organization deems it necessary, you can ask the employer for its invitation to foreigners in China's economic security.

Tenth of any unit and individual shall have one of the following acts, verified to be true, the people's Governments above the county level may give certain rewards:

(A) the discovery of illegal aliens, illegal immigration, illegal employment, to report to the public security organs;

(B) the employer who illegally employing foreigners, reported to the competent Department of human resources and social security;

(C) found that foreigners are operating without a license, and to report to the Administrative Department for industry and Commerce;

    (D) found that foreigners engaged in illegal and criminal activities that endanger national security, report to the national security agency or a public security organ.

    Chapter management

    Living section

    11th foreigners in hotels, schools, training institutions, units or other Chinese institutions, such as accommodation, should present a valid passport or residence certificate and in accordance with the provisions of temporary residence registration.

    12th aliens applying for extension of a residence permit or residence documents, should submit a valid health certificate issued by the entry-exit inspection and quarantine authorities, the public security organ shall facilitate and guide.

    13th public security organs should foreigners apply for visa and residence documents of information in accordance with visa to notify the relevant departments. 14th aliens staying at a hotel, hotels are supposed to check their passports, visas and other identity documents.

    Passports, visas held by foreigners within the effective period, the hotel shall also report to public security organs.

15th where the foreign teachers and students of schools and training institutions, shall, in accordance with the following rules will foreign teachers, the student's passport, visa or work permit information related sectors, such as:

(A) belong to schools and other educational and training institutions, education authorities;

    (B) belongs to the technical school and vocational skills of vocational qualification training for private schools, vocational skills training, human resources and Social Security Department of the report.

    16th section within the administrative area of the province's residents are foreigners stay, or foreign institutions, foreigners are other accommodation of foreigners shall be in accordance with the provisions of its handle or supervise foreigners within the time limit for temporary residence registration.

17th a citizen, legal person or any other organization may not lease or provided free of charge to foreigners without valid passports or visas to live in.

    Leased premises shall not be used for the living, storage and production and operation activities.

18th rental houses leased to foreigners, should be agreed upon personnel matters such as housing and residence, and to fulfil the following obligations:

(A) view the lessee and live with proof of identity;

(B) to the public security authorities for registration of temporary accommodation and registration formalities to the property management Department;

(C) housing or personnel changes of residence, registration of alternation shall be to the public security authorities for temporary accommodation and property management Department to deal with rental procedures;

    (D) found that the lessee leased premises engaged in illegal activities, it shall report to public security organs.

Article 19th of tenant houses foreigners shall fulfil the following obligations:

(A) in accordance with regulations to the public security authorities for registration of temporary accommodation and registration formalities to the property management Department;

    (B) housing, housing staff changes or sublet, lent the use of others, registration of alternation shall be to the public security authorities for temporary accommodation and property management Department for leasing procedures.

    Article 20th Realty management company shall cooperate with the relevant departments in aliens and service work must not be without residence papers or residence documents failure of foreign business building access cards, passes, parking permits and other documents for service.

    21st real estate intermediary service organization shall cooperate with the relevant departments good management of rental housing by foreigners, not without residence papers or residence documents failure of foreigners provides Realtor Services.

    22nd real estate management sector and the people's Governments above the county level town (streets), communities should specifically establish the foreigners to lease file, perfect management system.

    Article 23rd foreigner residing within the administrative area of the province, suffered from serious mental illness, infectious tuberculosis or other infectious diseases that may cause significant harm to public health and medical care, and medical units shall promptly provide health authorities and the local entry-exit inspection and quarantine departments to report.

Article 24th of foreigners in the province to participate in religious activities in the administrative area, shall abide by China's Constitution and laws, rules and regulations.

    No unit or individual may illegally established places of worship shall not provide places for illegal religious activities.

    25th article of the registration management of foreign-related social organizations within the province, administrative region, in accordance with the relevant provisions of the State and province.

    Section II trade

    26th foreigners to applications in various markets stalls within the administrative regions as places of establishment of foreign-invested enterprises, marketing investment or the management body shall examine the foreigner's passport, Visa, residence certificate and foreign investment business license, and reports the Administration for industry and commerce.

27th no unit or individual is allowed to any of the following acts:

(A) rent, lend, transfer the business license for foreigners;

(B) for unlicensed foreign invoices, bank accounts, certificates;

    (C) for unlicensed foreigners to provide premises and facilities such as transportation, storage, storage.

28th in order to protect national security, public order or other public interests, public security organs in accordance with the people's Government above the county level can limit a foreigner or foreign bodies in party and Government organs, the seat of the military restricted zones established around the residence or Office. Has been established in the area of residence or Office premises of foreigners or foreign institutions should be migrated in the people's Governments above the county-level public security organs declare to the licensed area specified in the notice.

    For registered foreign enterprises or institutions, the public security organ shall at the same time notices will be migrated cc: Administration for industry and commerce.

    29th Representative Office of foreign enterprise management, in accordance with the relevant provisions of the State.

    Section III of the employment

30th provincial people's Government, in accordance with economic and social development level and human resource supply and demand conditions, develop and disseminate information on foreigners in Guangdong vocational management directory, employment of foreigners implementation of macro-control. Employment of foreigners in the Guangdong professional directory divided into encourages the introduction and limit the introduction of class.

Employers to hire foreigners, should meet the list of requirements.

    Encourage employers to introduce and to recruit high-level foreign talent. 31st an employer employing foreigners, shall handle the alien employment permit and work permit, and when you get the certificate of employment in accordance with the provisions of the employment provision.

Employers hiring foreigners belonging to the provisions article 30th career management encourages the introduction of classes in the list of exempted employment provision.

    Employers to hire foreign experts, should be in accordance with the relevant provisions of national and provincial, law's bid for foreign experts working permit in China and the employment of foreign experts certificate.

32nd employer employing foreigners, should be required to submit a valid health certificate issued by the entry-exit inspection and quarantine institutions, and labor contract law.
The employer of the employment of foreigners in China should be consistent with their employment permit mark.

    33rd the employer shall employ foreigners within 15th of registration procedures for employment to human resources and social security, where authorities; employer continued using foreign labor relations with foreigners or shall continue or termination of labor relations within the 15th for labor from the date of filing procedures.

    Employer registration and record-keeping procedures should provide foreign workers ' passports, Visa, work permit, residence permit, have signed labor contracts and other related information that foreigners come to China, employment status and other information.

34th the employer shall separate the production roster of foreign workers, and in accordance with the following provisions, employment situation of foreigners from the country regularly report related departments:

(A) the enterprise, technical schools and vocational skills of vocational qualification training units such as private schools, vocational skills training, human resources and Social Security Department of the report;

    (B) belong to schools and other educational and training institutions, education authorities.

35th employer hiring foreign workers shall not be any of the following acts:

(A) no special need to recruit foreigners post domestic or foreign people have proper person;

(B) hire visa is shorter than the term of foreigners to be employed;

(C) submission of false information to defraud the authorized organization invitations or the invitation of confirmation;

    (D) employment granted an employment permit, without residence papers, residence papers failure or employment that is inconsistent with China's.

36th the employer shall regularly check the passports and visas of foreign employees, foreigners allowed duration of stay in China is about to expire, urging its scheduled departure, or in accordance with the relevant provisions of the State's bid for visa extension procedures; to overstaying foreigners, urged public security organs to accept and fulfill guarantee obligations, as appropriate, with the public security organs and make repatriation work.

    Refusing to schedule departure of foreign workers, the employer shall promptly report to public security organs and competent departments of human resources and social security, termination of employment relationships, and urge them to leave.

    37th commercial performances organized unit bid for foreign theatrical performance groups and individuals to participate in commercial performances, it shall submit to the relevant cultural departments actor passports, visas or other valid identity proof.

    Article 38th foreign athletes, coaches, and other staff of the sports bodies, and invited foreign athletes, coaches, and other staff members to participate in sporting activities within the administrative area of the province, shall establish a sound management system, foreigner athletes, coaches, and other staff into the country in the 10th, passports, visas, China information newspaper sports departments.

    Chapter III service

    39th people's Governments at all levels and relevant departments should establish and improve the system, civilization and justice according to law for the province in the administrative area of employment of foreigners, do business, study abroad, travel services.

40th aliens-related administrative departments and institutions shall, in accordance with the relevant provisions of the disclosure of Government information, timely disclosure relating to working conditions, procedures, deadlines, fees, complaints and the need to submit material contents, sample text, easier for foreigners do.

    Foreigners approval for foreign-related matters, the conditions of administrative service center or the accreditation Hall shall provide the necessary translation services.

    41st foreign experts handle matters such as visas, schooling, public security authorities and foreign experts it should be facilitated.

    42nd people's Governments at all levels and relevant departments should be regularly informed about the administrative area of foreign institutions and individuals to solicit views and suggestions on the management and service work of foreigners, and constantly improve and perfect the management and service work of foreigners.

    43rd people's Governments at all levels and the departments concerned should adopt various ways to inform foreigners about relevant laws, rules and regulations, so that foreigners know more about aliens policy measures and services in the province.

    44th people's Governments at all levels and the departments concerned can be based on actual, holding various Sino-foreign cultural exchanges, cultural, recreational and sports activities, and promote mutual understanding.

45th more foreigner Street (community), community integrated management services team can be set up, and maintain community order.

Eligible foreigners can participate in community-based integrated management services team:

(A) community services;

(B) has a certain prestige in the communities of foreigners;

    (C) it has some Chinese language and communication skills.

Article 46th foreigners community can be based on actual, cultural entertainment and sports activities carried out to facilitate the Exchange and integration of foreigners and the local population.

Encourage citizens, legal persons and other organizations in communities where foreigners live in volunteer service to assist in management and service of foreigners.

    Encourage participation of community volunteer service, to promote community harmony and stability.

    47th Street foreigners living relatively concentrated (community) based on established aliens ' service station, equipped with necessary foreign language talents provide convenience for foreigners to declare temporary residence registration.

    Fourth chapter of supervision and inspection 48th police perform their duties according to law, the right to inspect the foreigners ' passports and other documents.

    Police inspection, shall produce their own service cards, relevant organizations and individuals shall assist.

    49th public security organs, human resources and social security, education and other authorities in the day-to-day management and law enforcement, violations of the provisions of this Act, shall be promptly disposed of; not included in this sector should transfer power to deal with the Department in a timely manner.

    50th town (streets), communities, villagers ' committees and residents ' Committee shall carry out routine inspections, found to be illegal immigrants, illegal immigration, illegal employment of foreigners, it shall report to public security organs and competent departments of Foreign Affairs.

51st foreigners engaging in inconsistent with China's activities, unlicensed business, human resources and Social Security Department, the industrial and commercial administration sector can be combined together with public security authorities to investigate and punish. Administrative organs at the time of investigation or inspection, law enforcement officials shall not less than two persons and effective documents should be produced to the party or person concerned. Party or person concerned shall truthfully answer questions and assist in the investigation or inspection, and shall not be obstructed.

    Ask or check the record shall be kept.

    52nd did not apply for a work permit employment of unauthorized aliens and no foreigners ' employment permit unauthorized foreign units, by the Department of public security, human resources and social security, education, and law.

53rd to foreigners in emergency, police, confirmed its identity by the public security organs, in accordance with the following provisions:

(A) the illegal entry, residence, and dealt with by the public security organs;

    (B) is a legitimate entry, residence, and dealt with by the public security organ or the home competent authority.

    The fifth chapter legal liability

    54th authorized violates article Nineth, no verification of qualifications and were invited to apply for information of the employer, by a relevant Department in charge shall command a correction, responsible leaders and persons, according to the circumstances, give criticism or punishment.

Hotel in violation of the provisions of article 55th article 14th, any of the following acts, the public security authorities imposed a fine of 5000 Yuan and 10,000 yuan fine:

(A) without verification of foreign passports, visas and other identity documents;

    (B) found passports, visas held by foreigners within the effective period, do not report to public security organs.

56th all types of schools and training institutions in violation of the provisions of article 15th, foreign teachers and students are not passports, visa or work permit information related sectors, in accordance with the following penalties:

(A) belong to the schools and other institutions of education and training, by the Department of education fined 1000 Yuan and 3000 Yuan fines;

    (B) belongs to the technical school and vocational skills of vocational qualification training, vocational skills training, private schools, by the Department of human resources and social security up to 1000 Yuan and 3000 Yuan fine.

57th lease who contravenes the provisions of article 18th, punished in accordance with the following provisions:

(A) rented or provided free of charge to not holding a valid passport or visa foreigners live, the public security organ shall order rectification, confiscate the illegal income, and a monthly penalty of 3 times;

(B) is not in accordance with the provisions of the real estate management Department for the registration procedure, managed by the Housing Department ordered corrective action, and shall also be fined a maximum of 100 Yuan;

(C) fails to report to the public security organs rental, by the public security organs ordered corrective action and the circumstances are serious, penalty of between 100 Yuan;

(D) found that tenants of rental housing of foreigners engaged in illegal and criminal activities, did not report to public security organs in a timely manner, by the public security organs ordered to suspend lease 3 months and a monthly penalty of 3 times.

    Housing the lessor knew or should have known that foreigners engaged in unlicensed and its place of business, transport, storage, storage conditions, in accordance with the relevant laws and regulations will be punished.

    Property services companies in violation of the provisions of article 58th article 20th, for foreigners without residence papers or residence certificates expired business building access cards, passes, parking permits and other documents for service, by the Department of housing and urban-rural development ordered corrected; fails, fined a maximum of between 3000 and 1000 Yuan.

    Real estate intermediary services in violation of the provisions of article 59th article 21st, without residence papers or residence documents failure of foreigners to provide brokerage services for housing, by the Department of housing and urban-rural development ordered corrected; fails, fined a maximum of between 3000 and 1000 Yuan.
60th investment in all types of market or regulatory agency violates the provisions of this article 26th, for no valid passports, visas, residence papers or non-foreigners provide a venue for foreign investment business license services, industrial and commercial administrative departments will be punished according to law.

    61st employer is in violation of the provisions of article 35th, any of the following acts, the public security organ shall order rectification, and fined a maximum of between 3000 and 1000 Yuan in serious cases, employers can be brought to the Department of Foreign Affairs revoked the employment qualifications of foreigners ' employment in China:

(A) not regularly check passports and visas for foreigners, foreign activities in China and the duration of stay is granted;

(B) foreigners allowed duration of stay in China is about to expire and did not urge its scheduled departure or to apply for a visa extension procedures of public security organs according to law;

(C) foreigners for overstaying or not granting an extension of stay, failed to report to public security organs, heads of human resources and Social Security Department.

    Does not perform the obligation of urge employers, depending on the seriousness of bear the costs of the removal of illegal residence and illegal employment of foreigners.

62nd an employer in violation of the provisions, in accordance with the following penalties:

(A) the visa situation hang in the air were invited or submitted false information, obtain employment or employment permit, by the Department of human resources and social security in accordance with the collection of alien employment permit and work permit, and fined a maximum of more than 5000 Yuan and 10,000 yuan;

    (B) employment granted an employment permit, without residence papers, residence papers failure or employment that is inconsistent with China's, by the public security organs according to law.

    63rd in violation of the provisions of article 33rd, no registration or filing for employment formalities, by the Department of human resources and social security law.

    64th in violation of the provisions of article 38th, not foreign athletes, coaches, and other staff to participate in sporting activities within the administrative area of the province to the sports departments by sports authorities ordered corrective action and penalty of between 3000 and 1000 Yuan.

    65th citizens, legal persons and other organizations found that foreigners engaged in criminal activities that endanger national security, deliberately concealing or withholding information, shall be investigated for legal responsibility according to law.

    66th administrative departments and their staff to perform their duties in the management and service work of foreigners in the abuse of power, negligence, malpractice, responsible leaders and persons, according to the circumstances, give criticism or punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 67th these provisions come into force on May 1, 2011.