451.Regulations of Shenzhen Special Economic Zone on Residence Permits 深圳经济特区居住证条例

发布时间:2018-02-13来源:深圳市法制办字体:【 【内容纠错】

  Regulations of Shenzhen Special Economic Zone on Residence Permits

  (Adopted at the 32nd meeting of the Standing Committee of the 5th Shenzhen Municipal People’s Congress on Oct 30th, 2014)

  Chapter Ⅰ General Provisions

  Article 1 In order to establish and perfect the registration system of real resident population, strengthen the service management of persons who are not registered Shenzhen residents (hereinafter referred to as “non-Shenzhen registered persons”), safeguard their lawful rights and interests, maintain social order, promote the harmonious development of population and economy, society, resources and environment, these Regulations are formulated according to the basic principles of relevant lawsand administrative regulations as well as in conjunction with the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as the “Special Zone”).

  Article 2 These Regulations shall apply to the residence registration of non-Shenzhen registered persons residing in the Special Zone and to the application, use and administration of Shenzhen Special Economic Zone Residence Permit (hereinafter referred to as the “Residence Permit”).

  Article 3 The residence registration of non-Shenzhen registered persons and the service management of Residence Permits shall conform to the principles of lawfulmanagement, safeguarding rights and interests, optimizing service and facilitating efficiency.

  Article 4 The municipal and district people's governments (hereinafter referred to as the “Municipal and District Governments”) shall include the residence registration of non-Shenzhen registered persons and service management of Residence Permits in the national economy and social development planning and annual plans, list in the objective management system of comprehensive government of social administration, establish an evaluation mechanism and gradually realize equalization of basic public services.

  Article 5 The municipal and district public security organs shall be responsible for residence registration and work relating to accepting and approving applications and distributing Residence Permits.

  The municipal department of development and reform shall be responsible for the policy formulation and the comprehensive coordination work of service management of Residence Permits.

  The municipal departmentof economy, trade and information shall be responsible for coordinating the construction of information systems relating to residence registration and the service management of Residence Permits and the integration, sharing and application of related information.

  Municipal and district departments of finance, human resources and social insurance, hygiene and family planning, education, civil affairs, housing and construction, market supervision and management, transportation and other departments shall, according to their respectiveduties, be responsible for the relevant service management work of Residence Permits.

  Article 6 In accordance with the entrustment of public security organs, the management institutions of leased houses, sub-district offices and community service management agencies may engage in specific work such as residence registration, applications acceptance and distribution of Residence Permits. The funds needed shall be provided by finance departments.

  Chapter II Residence Registration

  Article 7 An active declaration system by obligors shall be applied to residence registration. Where a non-Shenzhen registered person resides in the Special Zone, the declaring obligorshall, in accordance with the provisions of these Regulations, actively declare the residence registration information of the non-Shenzhen registered personto the public security organ or the institution entrusted by the public security organ.

  Article 8 Where the domicile of a non-Shenzhen registered personis a leased house, the lessor shall be the declaring obligor.

  Where the domicile of a non-Shenzhen registered person is a dormitory of anemploying unit or school, the employing unit or school shall be the declaring obligor.

  Where the domicile of a non-Shenzhen registered person is a hotel or a place that runs a business of bathing, sauna or massage and that provides accommodation, the operator shall be the declaring obligor.

  Where the domicile of a non-Shenzhen registered personis a house purchased or built on his own, the person shall be the declaring obligor.

  Where the domicile of a non-Shenzhen registered person is a house other than those listed in the preceding paragraphs, the domicile provider shall be the declaring obligor.

  Where a person entrusted by others to actually manage a house, the person in actual management shall be the declaring obligor.

  Article 9 A declaring obligor shall report the following residence registration information of a non-Shenzhen registered person:

  1. Name, gender, nationality, date of birth, type and number of identity documents;

  2. Registered residence address and present domicile address;

  3. Marital status, education level, occupation and service premise, and the identity relationship with the non-Shenzhen registered residents who live together;

  4. Time ofmove-inand removal from the present domicile;

  5. Other information required to be declared by laws and regulations.

  Article 10 A declaring obligor may report the residence registration information through the internet, or may go to the public security organ or the institution entrusted by the public security organ to declare.

  Article 11 Thefollowing obligors shall declare the residence registration informationimmediately:

  1. Alessor or an actual administrator who rents a house by hours or days;

  2.An unit in hotel business;

  3. An operator who runs a business of bathing, sauna, massage and other services which can provide accommodation.

  Article 12 The following declaring obligors shall report the residence registration information within 7 days from the date of check-in or removal of a non-Shenzhen registered person:

  1. A lessor or an actual administrator who leases a house for a period rather than for hours or days;

  2. An employing unit that provides dormitories for its personnel.

  If the lessee uses the leased house to provide accommodation for a non-Shenzhen registered person, the non-Shenzhen registered person shall provide the lessee with real, accurate and complete residence registration information and produce a valid identity document; the lessee shall, within 3 days from the date of check-in or removal of the non-Shenzhen registered person, truthfully provide the lessor or the actual administrator withthe information.

  Article 13 A declaring obligor other than those stipulated in Articles 11 and 12 of these Regulations shall declare the residence registration information within 15 days from the date of check-in or removal of anon-Shenzhen registered person. Where the residence time of a non-Shenzhenregistered person is less than 15days, his residence registration information may not be declared.

  Article 14 Anon-Shenzhen registered person shall provide truthful, accurate and complete residence registration information to the declaring obligor and produce a valid identity document.

  Article 15 The public security organ and the management institution of leased houses entrusted by the public security organ shall conduct random checks on the residence situation of non-Shenzhen registered persons; where it is found that the residence registration information of a non-Shenzhen registered person has not been declared or the information declared is untrue, inaccurate or incomplete, the relevant information shall be collected or corrected.

  The relevant units or individuals shall cooperate with the public security organ and the management institution of leased houses entrusted by the public security organ when they check randomly the residence situation of non-Shenzhen registered persons or collect the registration information of non-Shenzhen registered persons.

  Article 16 Where a declaring obligor finds that the person and those living with him whose residence registration information has been reported engage in the following illegal or criminal acts by using the reported domicile, the obligor shall report to the public security organ or other relevant departments in a timely manner:

  1. Illegally engaging in road transportation, internet cafes, leisure and entertainment, food processing, hotel industry, catering, training, employment introduction, marriage introduction, real estate brokerage and other business activities;

  2. Gambling, drug addiction, drug trafficking, prostitution, whoring, producing or selling obscene articles, forging documents, printing illegal publications, manufacturing or selling counterfeit and shoddy goods, harboring criminals, and harboring or selling stolen goods;

  3. Pyramid marketing or disguised pyramid marketing, illegal practice of medicine, and illegal recycling of renewable resources;

  4.Illegalmanufacturing, stockpiling or operation of inflammable, explosive, poisonous, radioactive and other dangerous goods and controlled instruments;

  5. Other illegal or criminal activities.

  The public security organ or the relevant department that receive the above report shall deal with it in a timely manneraccording to law

  Article 17 Alessor or an actual administrator shall not hirea house to a person who has no identity document.

  Chapter III Management of Residence Permits

  Article 18 The Residence Permit is a legal voucher for a non-Shenzhen registered person to enjoy the corresponding rights and interests in the Special Zone and to participate in the management of social affairs.

  Article 19 A non-Shenzhen registered person who applies for a Residence Permit shall meet the following conditions at the same time:

  1. Having a lawful and stable domicile in the Special Zone. Where a non-Shenzhen registered person has domiciled in the Special Zone fora continuous period of 12 months from the date of registration of residence to the date of applying for a Residence Permit, the person shall be deemed as having a lawful and stable domicile.

  2. Having a lawful and stable occupation in the Special Zone. Where a non-Shenzhen registered person has participated in social insurance in the Special Zone for a continuous period of 12 months from the date of registration of residence to the date of applying for a Residence Permit or for a cumulative period of 18 months within the 2 years before the date of applying for a Residence Permit, the person shall be deemed as having a lawful and stable occupation.

  A non-Shenzhen registered person who complies with the stipulations of the Special Zone on the introduction of talents, or is receiving full-time intermediate and advanced education in the Special Zone, and who has registered residence according to the provisions of these Regulations, he may apply for a Residence Permit directly.

  Article 20 A non-Shenzhen registered person who applies for a Residence Permit(hereinafter referred to as an “Applicant”) may apply to the public security organ or the institution entrusted by the public security organ, or apply through the internet and other means. An Applicant shall provide relevant identity information and recent photos of his own.

  The public security organ and relevant departments shall verify the Applicant’s records such as those of residence registration and social insurance. If the conditions are met, the public security organ shall issue a Residence Permit within 15 working days from the date of acceptance; if the conditions are not met, the organ shall inform the Applicant of the reasons within 7 working days from the date of acceptance, and issue a written reply within 3 working days as the Applicant requires.

  Article 21 The model of theResidence Permit shall be made and issued uniformly by the municipal public security organ.

  For the first time applications for a Residence Permit, there shall be no charge; for applications for replacement, renewal or second time applications, the fee for making the permit shall be borne by the applicant.

  Article 22 Where a Residence Permit is damaged or the information recorded therein is changed, the holder of the Residence Permit (hereinafter referred to as the “Holder”) may apply for a new permit by renewal. The original permit shall be returned when the new permit is received. If a Residence Permit is damaged or lost, the holder may apply for a new permit by replacement.

  Article 23 An endorsement system shall be applied to the Residence Permit, and a permit shall be endorsed once a year. The Holder may apply for an endorsement within 60 days before everyanniversary date of the issuance of the Residence Permit. If an endorsement is overdue or expires, the functions of the permit shall besuspended.

  Article 24 The Holder of a Residence Permit shall meet the following conditions when applying for an endorsement:

  1. Still having a lawful and stable domicile.Where the Holder has a residence registration record that shows he has domiciled in the Special Zone fora cumulative period of 8months within one year before the date of the application for endorsement, he shall be deemed as still having a lawful and stable domicile;

  2. Still having a lawful and stable occupation in the Special Zone. Where the Holder has participated in social insurance in the Special Zone for a cumulative period of 8 months within one year before the date of the application for endorsement, he shall be deemed as still having a lawful and stable occupation.

  A non-Shenzhen registered person who complies with the stipulations of the Special Zone on the introduction of talents, or is receiving full-time intermediate and advanced education in the Special Zone, and who has registered residence according to the provisions of these Regulations, he may apply for a Residence Permitendorsement directly.

  Article 25 The Holder may apply for an endorsement to the public security organ or the institutions entrusted by the public security organ, or through the internet and other means.

  The public security organ and relevant departments shall verify the holder’s records such as those of residence registration and social insurance. If the conditions are met, the public security organ shall issue an endorsement immediately;if the conditions are not met, the organ shall inform the Holder of the reasons immediately.

  Where the Holder applies for an endorsement within 2 years after the functions of the Residence Permit was suspended and the above conditions are met, the functions shall be restored from the endorsement date.

  Article 26 An employing unit may apply for Residence Permit s and endorsements on behalf of non-Shenzhen registered persons who have established a labor relationship with it, schools may apply for Residence Permits and endorsements on behalf of non-Shenzhen registered students who are receiving fulltime intermediate and advanced academic (occupational) education there. No fee shall be charged on agency.

  The public security organ and the institution entrusted by the public security organ shall facilitate the applications of Residence Permit s and endorsements by the employing units and schools.

  Article 27 Where any of the following circumstances occurs, the public security organ shall cancel the Residence Permit:

  1. The function of the Residence Permit has been suspended for two consecutive years;

  2. The Holder has converted to a Shenzhen registered resident;

  3. Acquiring the Residence Permit by fraudulent means;

  4. Other circumstances provided by laws and regulations.

  Where a residence permit is cancelled, a new permit may be applied for in accordance with the conditions stipulated in Article 19 of these Regulations.

  Article 28 No unit or individual may forge or altera Residence Permit or use a forged or altered Residence Permit.

  Article 29 No unit or individual shall detain a Residence Permit other than the public security organ performing its duties according to law.

  Article 30 Municipal and District Governments and public security organs shall, jointly with other public and commercial service institutions, take measures to facilitate the use of Residence Permits and to expand the functions of the permits.

  Chapter Ⅳ Rights and Interests of the Holder

  Article 31 The Holder may enjoy the following rights and interests in accordance with the relevant provisions of the State and the Special Zone:

  1. Applying for a driver's licenseof motor vehicles andhandling registration and inspection procedures of a motor vehicle;

  2. Applying for a general passport, a permit to enter Hong Kong and Macao, a permit to enter Taiwan and corresponding visas and endorsements;

  3. Applying for the vocational skills training subsidy and the vocational skills appraisal subsidy;

  4. Applying for basic public health services;

  5. Applying for basic services of family planning;

  6. Applying for free premarital health checks;

  7. Applying for the basic funeral service subsidy;

  8. Applying for proof of residence and certificates related to identity;

  9. Other rights and interests stipulated by the municipal government.

  If aHolder meets the conditions stipulated by the municipal government on residence tenure, working tenure and participation tenure of social insurance, the Holder may, in addition to the rights and interests specified in the first paragraph of this Article, enjoy the corresponding rights and interests in public culture, employment support, basic public education, social assistance and housing security in accordance with relevant provisions. The specific measures shall be formulated by the municipal government separately.

  Article 32 Where a Holder is a disabled person or living with an immediate relative who is a disabled person, they may enjoy the benefits of rehabilitation treatment, education and training, and employment assistance provided by the disabled social organizations of the Special Zone according to relevant provisions of the State and the Special Zone.

  Article 33 Where a Holder meets the register conditions stipulated by the municipal government onresidence tenure, working tenure, participation tenure of social insurance and etc., he may apply for conversion to a Shenzhen resident.

  Article 34 A Holder may, in accordance with relevant provisions of the State and the Special Zone, participate in the community organization of the domicile and participate in the management of economic and cultural undertakings and social affairs there.

  Article 35 A Holder may apply for the corresponding rights and interests to relevant departments or through the internet. He shall show the Residence Permit or provide information on the permit.

  The relevant departments shall provide corresponding rights and interests in accordance with the relevant provisions of the State and the Special Zone after examining the Residence Permit or verifying the information on the permit.

  Chapter Ⅴ Service of Information Management

  Article 36 The information of residence registration, the servicemanagement of Residence Permits and etc. shall be integrated into the municipal unified public information resource database and administrative affairs service systemfor management and application.

  Article 37 The relevant departments shall input the information of non-Shenzhen registered persons collected by them into the municipal public information resource database and administrative affairs service system. Relevant information shall be input once andshared by multi-parties.

  Information of a non-Shenzhen registered person shall include name, gender, nationality, date of birth, type and number of identity document, digital photograph, residence address, current domicile address, marital status, education level, family planning, occupation and service premises, the identity relationship with the non-Shenzhen registered persons with whom he lives, social insurance, credit record, and etc.

  Where the municipal public information resource database and administrative affairs service system has the relevant information, the relevant departments and units shall not require the Applicant to provide such information when acceptingapplications related to Residence Permits and providing corresponding rights and interests.

  Article 38 A non-Shenzhen registered person may inquire about his own residence registration information or Residence Permit information free of charge; the declaring obligor may inquire about the residence registration information of the non-Shenzhen registered persons domiciled in his house for free. The relevant departments shall provide facilitation.

  Article 39 The public security organs, relevant departments, entrusted institutions and their personnel shall keep confidential the information of non-Shenzhen registered persons according to law.

  No unit or individual may disclose, trade, or use illegally the information of non-Shenzhen registered persons.

  Chapter Ⅵ Legal Liability

  Article 40 A declaring obligor who, in violation of Article9, 11 and Paragraph 1 of Article12 of theseRegulations, fails to report or reports falsely the residence registration information provided by a non-Shenzhen registered personshall be ordered to make correctionby the public security organ, and a fine of 500 yuan shall be imposed for each person whose information has not been declared or has been falsely declared.

  Adeclaring obligor who, in violation of Article 13 of theseRegulations, fails to report or reports falsely the residence registration information provided by a non-Shenzhen registered person shall be ordered to make correctionby the public security organ, and a fine of 200 yuan shall be imposed for each person whose information has not been declared or has been falsely declared.

  Article 41 Anon-Shenzhen registered person who, in violation of the provisions of Paragraph 2 of Article 12 and Article 14 of theseRegulations, refuses to provide residence registration information or provides false residence registration information to the declaring obligor or lessee shall be ordered to make correction by the public security organ and a fine of 500 yuan shall be imposed.

  A lessee who, in violation of the provisions of Paragraph 2 of Article 12 of these Regulations, fails to report or reports falsely the residence registration information of a non-Shenzhen registered personto the lessor or the actual administrator shall be ordered to make correctionby the public security organ, and a fine of 500 yuan shall be imposed for each person whose information has not been declared or has been falsely declared.

  Article 42 Relevant units or individuals who, in violation of the provisions of Paragraph 2 of Article 15 of these Regulations, refuses to cooperate with the public security organ andthe management institutions of leased houses entrusted by the public security organ in random checks or collections of residence registration information of non-Shenzhen registered personsshall be ordered to make correctionby the public security organ and a fine of 1,000 yuan shall be imposed.

  Article 43 A lessor or actual administrator who, in violation Article 16 of these Regulations, finds that the person and those living with the person whose residence registration information has been reported engage in illegal or criminal acts by using the reported domicile but fails to report shall be imposed a fine that is more than 2,000 yuan and less than 5,000 yuan; if the situation is serious, a fine of 5,000 yuan shall be imposed, if the circumstances stipulated by Law on Administrative Punishment of Public Security of People's Republic of Chinaoccur, the lessor or actual administrator shall be detained for less than 5 days. A declaring obligor other than a lessor or actual administrator who, in violation Article 16 of these Regulations, finds that the person and those living with the person whose residence registration information has been reported engage in illegal or criminal acts by using the reported domicile but fails to report shall be imposed a fine that is more than 1,000 yuan and less than 3,000 yuan.

  Where domiciles are used for illegal or criminal activities and do not comply with provisions on firefighting security, the public security organ may,in addition toimposing punishment on violators according to law, issue an order to restrict the functions of lease and operation of the domicile, or may seal up the domicile or order the stop of use according to law.

  Article 44 Alessor or actual administrator who, in violation of the provisions of Article 17 of theseRegulations, leases a house to a person who has no identity document shall be imposed a fine of 1,000yuan for each person who leases his house; the illegal proceeds shall be confiscated if any.

  Article 45 A violator who, in violation of the provisions of Article 28 of theseRegulations, forges or altersa Residence Permit or uses a forged or altered Residence Permit shall be imposeda fine of 3,000 yuan by the public security organ, and shall be detained for a period of more than 10 days and less than 15 days according to the provisions of Law on Administrative Punishment of Public Security of People's Republic of China; if the offense is minor, a fine of 1,000 yuan shall be imposed and the violator shall be detained for a period of more than 5 days and less than 10 days according to the provisions of Law on Administrative Punishment of Public Security of People's Republic of China;if the offense is serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with law.

  Forged or altered Residence Permits shall bewithdrawn and destroyed by the public security organ. Other documents acquired by usinga forged or altered Residence Permitshall be nullified or withdrawn and revoked by theissuing authority; administrative licenses acquired by usinga forged or altered Residence Permitshall be revoked by the approval organ; relevant departments shall cease to provide corresponding rights and interests applied for by using a forged or altered Residence Permit and shall recover the property or things of value issued.

  Article 46 A person who, in violation of Article 29 of theseRegulations, seizesa Residence Permitillegally shall be ordered to return the permit by the public security organ and a fine of 500 yuan shall be imposed for each permit seized.

  Article 47 A person who, in violation of Article 39 of these Regulations, discloses, trades or illegally usesinformation of non-Shenzhen registered persons shall be imposed a fine of 1,000 yuan for each person whose information has been disclosed, traded or illegally used; if the offense is serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with law.

  Article 48 Where a violation has been subjected to administrative punishment, the public security organ shall notify the credit-collecting institutions of the information on illegal acts of the relevant units or individuals for them to input into the enterprise or individual credit systemfor relevant units and individuals to inquire in accordance with relevant provisions.

  Article 49 Where the public security organs or relevant departments and their personnel fail to perform their duties in accordance with the provisions of these Regulations, administrative responsibilities shall be pursued according to law; where they infringe on lawful rights and interests of non-Shenzhen registered personsor seek improper benefits for non-Shenzhen registered persons, and the offense is serious enough toconstitute a crime, criminal responsibility shall be investigated in accordance with law.

  Article 50 If the parties are not satisfied with a specific administrative act relating to residence registration or service management of Residence Permits, they may apply for administrative reconsideration or bring an administrative lawsuit to a people’s court in accordance with law.

  Chapter Ⅶ Supplementary Provisions

  Article 51 The relevant provisions of theseRegulations relating to residence registration shall apply to aliens and residents of Hong Kong SAR, Macao SAR and Taiwan who reside in the Special Zone, if otherwise provided by the State, those provisions shall prevail; the relevant provisions of theseRegulations relating to residence registration of non-Shenzhen registered persons and the service management of Residence Permitsshall not be applicable to aliens and residents of Hong Kong SAR, Macao SAR and Taiwan who reside in the Special Zone.

  Article 52 A holder who, on the date of implementation of these Regulations, has a valid Residence Permit of Shenzhen Municipality or Temporary Residence Permit of Shenzhen Municipality acquired according to Interim Measures on Residence Permits of Shenzhen Municipality or Tentative Measures on Residence Permits of Shenzhen Municipality and complies with the conditions stipulated in Article 19 of these Regulations shall apply to exchange for a new permit free of charge within 12 months after the implementation ofthese Regulations. Before applying for a new permit, the original Residence Permit of Shenzhen Municipality or Temporary Residence Permit of Shenzhen Municipality shall still be valid, after the issuance of a new permit, the time for holding a Residence Permit shall be counted continuously; if the holder fails to apply for a new permit or does not comply with conditions stipulated in Article 19 of these Regulations, the original Residence Permit of Shenzhen Municipality or Temporary Residence Permit of Shenzhen Municipality shall become invalid after 12 months from the date of implementation of these Regulations.

  Article 53 Specific measures for the management of residence registration and Residence Permits shall be formulated by the municipal government and shall be implemented concurrently with these Regulations.

  Article 54 District governments referred to in these Regulations shall include the administrative bodies of the new regions.

  Article 55 These Regulations shall come into force as of June 1st, 2015.

分享到: