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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

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Provisional provisions for the management of services for foreigners in the Province of Broad Orientale

(Adopted at the 68th ordinary meeting of the Eleventh People's Government of Broad Orientale Province on 21 January 2011, No. 155 of the People's Government Order No. 155 of 1 March 2011)

Chapter I General

Article 1, in order to regulate the management of aliens, optimize the services of foreigners and promote harmonious social development, sets this provision in line with the relevant laws, regulations and regulations.

Article 2 applies to the management and service of foreigners within the province's administration.

The management and services of foreigners should be governed by the principles governing, optimizing services and the territorial management of residence under the law.

Article IV. The Government of the people at all levels is responsible for the management and services of foreigners in the present administration.

The Government of the people at the local level and the State-level governments with real needs should establish a coordination mechanism for the management and service of foreigners, coordinate, guide, promote the management and service of foreigners in the present administration.

Article 5 Public security authorities are the competent authorities for the management and service of foreigners, and the authorities at all levels of the people's Government, as well as other relevant departments, such as customs, entry tests and entry border inspections, should be able to manage and service foreigners in accordance with their respective responsibilities.

The Council of Residents and the Villagers should assist in the management and service of foreigners.

The units that hire and invite foreigners should be entitled to day-to-day management and services in accordance with the principle of “ever invited, who is responsible”.

Foreigners within this province should comply with our laws, regulations, regulations and regulations, respect the cultural practices of the peoples and refrain from endangering the national security of our country, damaging the public interest of the society, undermining the public order of public order, without prejudice to the legitimate rights and interests of citizens, legal persons and other organizations.

The legitimate rights and interests of foreigners should be guaranteed by law at all levels of the people's Government and its sectors.

Article 7. The Government of the people at the district level should establish an information platform for the management and service of foreigners and achieve information-sharing among the Government's functional sectors.

The authorities should keep the management and service of foreigners informed of the other relevant sectors in a timely manner.

Article 8. The employment of foreigners by a person's unit should be a special requirement, a lack of appropriate national candidates and a violation of the State's relevant provisions.

The author's unit should verify the situation of the invited person, and report on the invitation if it was actually sent to the review of the letter of invitation to the authorized unit or the unit of the invitation to confirm the communication (hereinafter referred to as the authorized unit) and was responsible for the conduct of the invitation.

Article 9. The authorized units shall verify, in accordance with the relevant provisions of the State, information on the qualifications and application of the author's units and the persons invited, and cooperate with the relevant authorities in the use of the letter of invitation from the authorized units or the invitation to confirm the communication for unlawful activities.

The authorized unit considers it necessary to require an entity to provide economic security for foreigners invited by it in Warsaw.

Any unit or individual has one of the following acts, which is validated, and the Government of the people at the district level may grant certain incentives:

(i) The discovery of illegal entry, unlawful stay and illegal employment of foreigners and the reporting to public security authorities;

(ii) The discovery of the illegal hiring of foreigners by a person's unit to report to the human resources security authorities;

(iii) The discovery of aliens without reference to the business administration sector;

(iv) It is found that foreigners engage in criminal activities that endanger national security and report to national security authorities or public security authorities.

Chapter II

Section I

Article 11. The accommodation of foreigners in units such as hotels, schools, training institutions or other Chinese institutions shall be provided with effective passports or residence documents and, in accordance with the provisions, provisional accommodation registration.

Article 12. Foreigners shall apply for the processing of residence documents or the extension of residence documents, and shall be referred to the valid health certificate issued by the entry inspection body, which shall facilitate and guide them by the public security authorities.

Article 13. Public security authorities shall communicate the information on the visa processing and residence documents of foreigners in accordance with the visa matters.

Article 14. Foreigners enter the hotel and the hotel shall verify their passports, visas and other identity documents. Foreigners have passports, visas exceeding the period of effectiveness, and hotels should report simultaneously to public security authorities.

Article 15. Foreign teachers, schools and training institutions in which students are left, shall report the relevant sectors in accordance with the following provisions:

(i) A school and other educational training institutions reporting on education authorities;

(ii) Citizen schools that are technic schools and vocational skills training, vocational skills training, reporting on human resources social security authorities.

Article 16 provides accommodation for foreigners in the resident households within the province's administration, or for foreign agencies, foreign nationals, other foreigners, as provided for in the regulations, or for the granting of temporary accommodation registration by foreigners within the prescribed time frame.

Article 17 citizens, legal persons and other organizations shall not rent homes or free of charge to foreigners who do not have effective passports or whose visa expires.

The rental of houses shall not be used simultaneously for residential, warehousing and production of business activities.

Article 18 The rental of homes to foreigners shall be subject to the following obligations:

(i) The identification of the lessee and the same person;

(ii) The processing of temporary accommodation registration procedures by public security authorities and the processing of registration clearance proceedings by the property administration;

(iii) Changes in the use of houses or residence personnel should be made to public security authorities to handle changes in temporary accommodation registration procedures and to the housing management process for rental changes;

(iv) It was found that the tenant had used the rental house to carry out its activities in violation of the law and that the public security authorities should be reported in a timely manner.

Article 19 Foreigners who have rented homes shall fulfil the following obligations:

(i) In accordance with the provisions for the processing of temporary accommodation registration procedures by public security authorities and the processing of registration clearance proceedings by the property management;

(ii) The use of houses, changes in the number of residence personnel or the transfer of houses to another and the transfer of their use should be made to public security authorities to conduct temporary changes in the registration of accommodations, and to the home-based management procedures for rental changes.

Article 20

Article 21 Territorial brokering services should be aligned with the management of foreign rental homes in the relevant sectors, without providing housing brokering services to foreigners who are free of residence documents or whose residence documents are ineffective.

Article 2

Article 23 provides medical treatment during the stay of foreigners within the province's administration, with severe mental illness, transmission of tuberculosis or other infectious diseases that may have a significant impact on public health, and medical units should report on time to the health authorities and local access to the quarantine sector.

Article 24 states that foreigners shall be subject to the Constitution, laws, regulations and regulations of my country when they participate in religious activities within the territorial administration.

No unit or person may unlawfully establish a place of religious activity without providing a place for illegal religious activities.

Article 25 Registration management of organizations of foreign society within the province is carried out in accordance with the relevant provisions of the State and the province.

Section II Businesses

Article 26 Foreigners apply to the various markets in the present administration as an operating place for the establishment of an out-to-business investment enterprise, and market investors or management agencies should identify the passports, visas, residency documents and the licences of foreign-investment enterprises and report on the business administration sector.

No unit or individual shall be:

(i) Taxation, borrowing and transfer of licences to foreigners;

(ii) Provision of invoices, bank accounts, certificates for foreigners without charge;

(iii) Provision of facilities for foreigners without charge, as well as transportation, custody, warehousing, etc.

In order to preserve national security, social order or other public interest, the public security authorities of the more than communal government at the district level may, in accordance with the law, restrict the establishment of residence or office accommodation by foreigners or foreign institutions in the party's political organs, the location of military restricted zones.

Foreigners or foreign agencies who have established residences or office offices in the above-mentioned areas shall be relocated to the licensor area within the time specified by the letter of transfer of the public security authority of the people at the district level. For foreign enterprises or institutions that have been registered, the public security authorities should simultaneously redirect the letter of relocation into the business administration.

Article 29 regulates the management of the Office of Permanent Representatives of Foreign Enterprises, in accordance with the relevant provisions of the State.

Section III Employment

In accordance with the level of economic and social development and human resources, the Government of the province develops and publishes a directory of the employment management of foreigners in Cantonal employment and introduces macro-regulations of the employment of foreigners.

The foreigner's directory of employment in LTTE is divided into incentives to introduce classes and restrictions. The hiring of foreigners by a person's unit should be in line with that catalogue.

To encourage the introduction and hiring of high-level foreigner talents by human units.

Article 31 employing foreigners by a person's unit shall be governed by the law by a licence and employment certificate for the employment of a foreigner and, in the course of the employment certificate, shall pay the employment distribution fee as provided. Foreigners employed by a person's unit are encouraged to introduce classes in the list of occupational management under article 33 of the present article and not to be paid for employment.

The hiring of foreign experts by a person's unit should be carried out by a foreign expert, in accordance with the relevant provisions of the State and the province, in order to permit the work of the Republic and the Foreign Expert Employment Certificate.

Article 32 employs foreigners by a person's unit and shall require them to obtain an effective health certificate issued by the Quarantine Agency and to enter into a labour contract in accordance with the law.

The user units of foreigners employed in China should be consistent with the units indicated in their employment certificates.

Article 33 XIII should conduct employment registration procedures within 15 days from the date of the employment of a foreigner and at the location's human resources social security authorities; the procedure for labour-use proceedings should be processed within 15 days from the date of renewal or dismissal of the labour relationship.

Registration and filing procedures should provide relevant information, such as passports, visas, employment certificates, residence certificates, signed labour contracts, on the situation of foreigners, etc.

Article 34 should produce a roster of foreign workers separately and report on the employment of foreigners on a regular basis in accordance with the following provisions:

(i) The reporting of human resources social security authorities, which are units such as enterprise, technic schools and vocational-skilled vocational training, vocational skills training;

(ii) Be part of schools and other educational training institutions and report on education authorities.

Article 33, article XV, employment of foreign workers by a person's unit shall not include the following acts:

(i) In countries where foreign nationals are not specifically required to hire or to engage foreigners, they have appropriate candidates;

(ii) The employment of a visa for a short period of time for a foreigner to be employed;

(iii) Submission of false material to deceive the letter of invitation from the authorized units or the invitation to confirm the letter;

(iv) The employment of foreigners who do not have access to employment documents, do not have a residence document or are incompatible with the situation.

Article 36 shall regularly inspect the passports and visas of foreign workers, to grant foreigners up to the end of their stay in Warsaw, to promote their stay on the ground of departure or, in accordance with the relevant provisions of the State, to grant a visa extension process; to grant them to the public security authorities to receive treatment and to comply with their economic security obligations, as appropriate, with the repatriation of public security authorities.

In the case of foreign workers who refuse to leave the country, the user's units should report in a timely manner on the public security organs, human resources social security authorities, termination of the employment relationship and promote their departure.

Article 337 Business performs a unit requesting the organization of foreign horticultural performances, personal participation, which should be certified in accordance with the law by the relevant cultural authorities in the form of passports, visas, etc.

Article 33 Eighteen provides for the hiring of foreign sports officers, instructors and other staff sports institutions, as well as an invitation to foreign sportsmen, instructors and other staff members to participate in sports activities within the province's administration, and shall establish a sound management system that will provide for the release of passports, visas, boycotters and other staff within 10 days of entry into our territory, such as information sheets.

Chapter III Services

Article 39 Governments at all levels and their relevant sectors should put in place a system of good work, which is provided by law, civilization and justice to foreigners who are employed in the province's administration, business, retention and tourism.

The executive branch and agencies concerned with the management of foreigners should be promptly published in accordance with the relevant provisions of the Government's information, in accordance with the conditions of conduct, procedures, deadlines, fees, the manner of complaints and the required lists of submissions, model texts, etc., to facilitate the conduct of foreigners.

Foreigners should provide the necessary translation services when dealing with external clearance matters.

Article 40. Foreign experts shall be facilitated by public security authorities and foreign expert authorities in matters such as visa entry, child enrolment.

Article 42, the Government of the people at all levels and its relevant departments should be regularly informed of the situation of foreign institutions and individuals in the current administration, seek advice and proposals on the management and service of foreigners and continuously improve and improve the management and service of foreigners.

Article 43 Governments at all levels and their relevant sectors should communicate laws, regulations, regulations and regulations to foreigners in a variety of ways to inform them of policy measures for the management and service of foreigners in this province.

Article 44 Governments at all levels and their relevant departments may, in practice, organize various cross-cultural exchanges, cultural recreation and sports activities to promote mutual understanding.

Article 48 fifiers (community) where foreigners live in the streets (community) can establish a community integrated management service and maintain community order.

Foreigners who meet the following conditions may participate in the integrated community management service:

(i) Care for social affairs;

(ii) There is a certain prestige among the foreigners in their communities;

(iii) There is a capacity to communicate some of the Chinese languages.

Communities with foreigners living in article 46 may, in practice, carry out cultural recreation, sports exchanges to facilitate the exchange and integration of foreigners with the local population.

Citizens, legal persons and other organizations are encouraged to participate in voluntary services in communities where foreigners reside and to assist in the management and service of foreigners.

Foreigners are encouraged to participate in voluntary services in their communities and to promote community harmony.

Article 47 allows for the registration of temporary accommodations by foreigners on the basis of the practice of establishing the Foreigners' Management Service, equipped with the necessary external language talents.

Chapter IV Oversight inspection

Article 48 Eighteenth People's Police performs its duties under the law and has the right to determine the passports and other documents of foreigners. When the people's police test, their working documents should be presented and the organizations and individuals should be assisted.

Article 49 of the Public Security Agency, human resources security and education authorities should be dealt with in a timely manner in their daily management and enforcement, and in the absence of the sector, they should be transferred in a timely manner to the sectors entitled to be addressed.

Article 50 town ( Street), community, village councils and resident councils should conduct daily patrols, identifying foreigners who have illegal entry, illegal residence and illegal employment, and should report promptly on public security authorities and external authorities.

Article 50 states that foreigners are engaged in activities that are not in conformity with the law and operate without reference, and human security authorities, the business administration sector can be jointly checked by law with public security authorities.

In investigating or conducting inspections, law enforcement officials shall not be less than two persons and shall present valid documents to the parties or the person concerned. The parties or the persons concerned shall not be obstructed, if any, if any. Inquiries or inspections should be produced.

Article 52 allows for the employment of foreigners who do not have the licensed employment and those who do not have a licensed employment permit for foreigners, to be dealt with by law by public security authorities, human resources security, education.

In accordance with article 53, the urgent recourse to foreigners, the alert, confirmed by the public security authorities, is addressed in accordance with the following provisions:

(i) The illegal entry and residence of the public security authority;

(ii) It is lawful to enter into and stay and is handled by public security authorities or by civil affairs authorities.

Chapter V Legal responsibility

Article 54, in violation of article 9, does not verify the quality of the user's unit and the application of the information by an invited person, by the appropriate sectoral order, by criticizing the responsible leadership and the person directly responsible and, in the light of the circumstances, by giving criticism to education or the disposition.

In violation of article 14 of this provision, the hotel has one of the following acts, with a fine of more than 5,000 dollars for public security authorities:

(i) No verification of foreign passports, visas and other identity documents;

(ii) The discovery of passports by foreigners, more than the duration of the visa, does not report on public security authorities.

In violation of article 15 of the present article, various schools and training institutions do not report the relevant sectors of information such as foreign teachers, passports, visas or employment certificates, as follows:

(i) It is a school and other educational training institution with a fine of more than 3,000 dollars for education authorities;

(ii) Civil service schools that are technicians and professional skills-trained, vocational skills training are fined by human resources social security authorities by more than 1000 dollars.

Article 57 imposes penalties on renters in violation of article 18 of this provision:

(i) Rental of homes or free of charge to foreigners who do not have effective passports or whose visa has expired shall be converted by a public security authority, forfeiture the proceeds of the law, and a fine of three times the monthly rent;

(ii) In the absence of a provision for the processing of registration clearance proceedings by the property administration, which is converted by a warrant of responsibility for the property management and may be fined up to 100 dollars;

(iii) Failure to report on rents to public security authorities in a timely manner, to be corrected by public security authorities, in serious circumstances, with a fine of up to 100 dollars;

(iv) It was found that the rented foreigner used the renting house to commit criminal activities in violation of the law, did not report in a timely manner on the public security authority, which was ordered by the public security authorities to suspend the rental of three months and to impose a fine of three times the monthly rent.

The renter knows or should be aware of the conditions in which the foreigner is carrying out the operation without reference and punishes it in accordance with the relevant legislation.

Article 588 Business service enterprises, in violation of article 20 of the present provision, provide documents for foreigners without residence documents or whose residence documents have not been completed, access cards, parking cards, etc., are converted by the housing and urban-rural construction authorities, which are less than 3,000 dollars overdue.

Article 599 provides housing intermediation services to foreigners who are free of residence documents or whose residence documents are ineffective, in violation of article 21 of this provision, with the time limit being converted by the housing and urban-rural construction authorities; and a fine of up to $3000 per 1,000 dollars.

Article 61. Investments in all types of markets or regulatory bodies, in violation of article 26 of the present article, provide space services for foreigners without effective passports, visas, residence documents or licenses of foreign-investment enterprises, punishable by law by the business administration sector.

Article sixtieth, in violation of article 33, paragraph 5, of the present article, consists of one of the following acts, to be converted by a public security authority and to a fine of more than 1000 dollars; in the event of a serious nature, to the extent to which the foreigner's unit was revoked by the external authorities for employment in Warsaw:

(i) No passports and visas for foreigners are regularly inspected to understand the situation of foreigners in Warsaw and to grant the duration of stay;

(ii) In the case of foreigners who have been granted their stay in Warsaw, they have not been authorized to carry out a visa extension process by the date of departure or by law to the public security authorities;

(iii) Foreigners who have stayed or who have not approved extensions are not reported in a timely manner by public security authorities, human resources security authorities.

The non-performance of the author's units that do not fulfil the obligation of the State shall, in the event of a serious burden on the cost of illegal residence and the repatriation of illegal foreigners.

Article 62

(i) The non-recognition of the visa of the invited person or the submission of false material, deception of employment permits or employment certificates, which are collected by the human resources security authorities in accordance with the law, and a fine of up to 50,000 yen;

(ii) The employment of foreigners who do not have access to employment documents, do not have a residence document, or who are incompatible with the law of the public security authorities.

Article 63, in violation of article 33 of the present article, provides that no employment registration or filing proceedings are handled by the human resources security authorities in accordance with the law.

In violation of article 68 of this provision, foreign sports officers, instructors and other staff have not been brought before the sports authorities on matters relating to their participation in sports activities in the administrative region of the province, which is redirected by the sports authorities and fined by over 1000 dollars.

Article 68 XV found that foreigners were engaged in criminal activities that endanger national security, deliberately concealed or informed and held legal responsibility under the law.

Article 46, concerning the administration and its staff members who have not been able to perform their duties under the law, abuse of their functions in the management and service of aliens, negligence, provocative fraud, criticizing the responsible leadership and direct responsibilities, in accordance with the circumstances, or disposing of them; and criminal accountability by law.

Annex VI

Article 67 provides for implementation effective 1 May 2011.