58 Public Notice of the Standing Committee of the Shenzhen Municipal People’s Congress[深圳经济特区实施《中华人民共和国归侨侨眷权益保护法》规定（1995）]

The Rules of Shenzhen Special Economic Zone for Implementation of the“Law of the PRC on Protection of the Rights and Interests of Returned Overseas Chinese and Relatives of Oversea Chinese” was adopted at the Twenty-ninth Meeting of the Standing Committee of the First Shenzhen Municipal People’s Congress on March 30, 1995. It is now promulgated and shall take effect as of the date of promulgation.

The Standing Committee of the Shenzhen

Municipal People’s Congress

Rules of Shenzhen Special Economic Zone for Implementation of the “Law of the PRC on the Rights and Interests of Returned Overseas Chinese and Relatives of Overseas Chinese”

(Adopted at the Twenty-nine Meeting of the Standing Committee of the First Shenzhen Municipal People’s Congress on March 30, 1995)

Article 1 For the purpose of protecting the legal rights and interests of returned overseas Chinese and relatives of overseas Chinese, effectively giving play to the role of returned overseas Chinese and relatives of overseas Chinese in the construction of Shenzhen Special Economic Zone (hereinafter referred to as the “Special Zone”), in accordance with the provisions of the Law of the PRC on Protection of the Rights and Interests of Returned Overseas Chinese and Relatives of Overseas Chinese and the Measures for the Implementation of the Law of the PRC on Protection of the Rights and Interests of Returned Overseas Chinese and Relatives of Overseas Chinese, as well as in the light of the practical conditions of the Special Zone, these Rules are hereby formulated.

Article 2 The department for affairs concerning overseas Chinese of the Shenzhen Municipal People’s Government (hereinafter referred to as the Municipal Department for Affairs concerning Overseas Chinese) and the departments of district people’s government for affairs concerning overseas Chinese (hereinafter referred to as District Departments for Affairs concerning Overseas Chinese) are the competent departments in charge of the affairs concerning overseas Chinese and perform their following duties for implementing these Rules:

(1)to implement laws, regulations, rules and policies regarding the task of affairs concerning overseas Chinese;

(2)to protect the legal rights and interests of returned overseas Chinese and relatives of overseas Chinese;

(3)to harmonize the task of affairs concerning overseas Chinese among the relevant departments and units;

(4)to carry out propaganda and education regarding the affairs concerning overseas Chinese and to organize the activities of friendly contacts for the overseas Chinese;

(5)to assist the relevant departments to arrange well for the returned overseas Chinese and their children to settle down;

(6)to support returned overseas Chinese and relatives of overseas Chinese to initiate the enterprises, and to serve these enterprises;

(7)together with other departments concerned, to introduce the investment of overseas Chinese, the technology, the talents and the equipments well.

Article 3 The Municipal Department for Affairs of Overseas Chinese or the District Department for Affairs of Overseas Chinese is responsible to affirm the status of returned overseas Chinese and relatives of overseas Chinese.

In case that returned overseas Chinese and relatives of overseas Chinese need to affirm their status, they shall hold the identification issued by the unit in which they are working, the sub-district office, the town people’s government or the police station in the location of their household register, and the Municipal Department for Affairs of Overseas Chinese or the District Department for Affairs of Overseas Chinese is responsible for issuing the status certificate after examination and verification.

The status of the other relatives who have a long maintenance relationship with overseas Chinese or returned overseas Chinese can be examined and affirmed only after the notary organs issue the notarization of maintenance relationship.

After an overseas Chinese or a returned overseas Chinese passes away, his/her home family still have the status of the relatives of overseas Chinese which are confirmed according law, but except his/her spouse who remarried somebody that is not an overseas Chinese and a returned overseas Chinese.

Article 4 The unions of returned overseas Chinese at all levels established according to law shall go in for their activities in accordance with their Regulations and protect the rights and interests of returned overseas Chinese and relatives of overseas Chinese. People’s governments at all levels shall support the unions of returned overseas Chinese in these activities.

The property of both the unions of returned overseas Chinese and the welfare foundations of returned overseas Chinese and relatives of overseas Chinese shall be protected by law and shall not be converted or damnified by any units or individuals.

Article 5 An appropriate number of deputies shall be elected from among returned overseas Chinese and relatives of overseas Chinese to the people’s congresses at the municipal, district and township levels. The unions of returned overseas Chinese at all levels may recommend returned overseas Chinese and relatives of overseas Chinese as the deputy candidates according to law.

Article 6 The municipal and district people’s governments and the departments concerned shall support the farms which make arrangements for the placement of returned overseas Chinese. With respect to the state-owned land, mountain forests, waters and other natural resources which can be used legally, these farms have the rights of use and exploitation according to law, and their legal rights and interests shall be protected by law and shall not be converted or damnified by any units or individuals.

The schools, the medical and health-care institutions and the projects of public facilities such as road, traffic and communication established by the farms which make arrangements for the placement of returned overseas Chinese shall be brought into line with the municipal plan.

Article 7 The money and materials donated by returned overseas Chinese and relatives of overseas Chinese for establishing public welfare undertakings shall not be converted or damnified by any units or individuals; the name and use of established project shall not be changed arbitrarily.

Article 8 The ownership of houses privately owned by returned overseas Chinese or relatives of overseas Chinese shall be protected by law. The returned overseas Chinese or relatives of overseas Chinese have the rights to occupy, use, obtain benefits from and dispose their private houses, and any units and individuals shall not infringe the above rights.

In case that houses privately owned by returned overseas Chinese or relatives of overseas Chinese have to be pull down while the land is to be requisitioned, according to law, to meet the needs of city construction, the construction units shall, according to relevant provisions, give corresponding compensation to, and arrange proper accommodation for, the returned overseas Chinese or relatives of overseas Chinese concerned.

Article 9 In case that returned overseas Chinese and relatives of overseas Chinese, upon the approval, go back to and settle down in their ancestral home in the countryside, and need to build the residence, they may be, under the prerequisite of unified planning, assigned the land for construction in accordance with the provisions on housing construction for countryside individual.

Article 10 In case that the students who are returned overseas Chinese, the children of returned overseas Chinese and the children of overseas Chinese enter themselves for an examination of the schools after compulsory education in Shenzhen Municipality, they shall enjoy priority in admission to a school within same grade levels.

Article 11 While employing staff and workers, the employment units shall, under equal circumstances, give priority to the employment of the students who are returned overseas Chinese, the children of returned overseas Chinese and the children of overseas Chinese.

In case that the students who are returned overseas Chinese, children of returned overseas Chinese and children of overseas Chinese organize themselves to obtain employment and seek job themselves, the departments concerned shall support them.

Article 12 For the retired staff and workers who are returned overseas Chinese, if their retirement pay is less than the average money wage of the staff and workers in the last year of Shenzhen Municipality, they shall be given additional subsidy which is equal to 5% of the average money wage of the staff and workers in the last year. The additional retirement subsidy shall be solved through the payment channel of retirement pay.

Article 13 In case that returned overseas Chinese and relatives of overseas Chinese apply for going abroad due to their private affairs, the units in which they work or the sub-district offices shall put forward an opinion within 10 days after receipt of the application and submit to the public security organs in the location their household registers for examination and approval; the public security organs shall make their decision, whether permission or not, within 30 days after receipt of the application for going abroad and shall inform the applicant the decision.

In case that returned overseas Chinese and relatives of overseas Chinese emergently go abroad because their directly-related members, brothers or sisters are critically ill or die or the property abroad needs to be handled within a limited time, the public security organs shall make a decision, whether a permission is given or not, within 48 hours after receipt of the application.

If the applicant fails to receive a notification of examination result within the regulated time, he/her has the right to check and inquire this matter, and the acceptance department shall reply him/her within 3 days; if the applicant has any objections to the decision in which a permission is not given, he/her has the right to complain to the public security organ at the next higher level.

　　 Article 14 With respect to returned overseas Chinese and relatives of overseas Chinese apply for the permission to leave the country because of their private affairs, the units in which they work or the relevant departments shall not make a decision damaging their rights and interests due to their application for the permission to leave the country; shall not order them to go through such formalities as suspending their duties, suspending their wages, resigning their positions, discontinuing their schooling, stopping them from school or vacating and returning their residence; and shall not collect deposit, mortgage money and other costs from them arbitrarily.

Article 15 In case that returned overseas Chinese or relatives of overseas Chinese who have retired with honors, retired or resigned are permitted to leave the country for settling down abroad, they shall be permitted to keep the commodity residences of non-market that have been purchased by them, and make a deferred payment of price difference according to the price of the commodity residence of social meager profit at the time they leave country.

Article 16 With respect to returned overseas Chinese or relatives of overseas Chinese who apply for the permission to leave the country for settling down abroad, the units in which they work shall go through the formalities of resignation for them and pay them resignation pension within 15 days after they obtain the visa for entering the nation (district) where they will settle down,.

In case that returned overseas Chinese and relatives of overseas Chinese who have retired with honors, retired or resigned leave the country for settling down abroad, they shall enjoy the treatment, in the pension of retirement with honors, the retirement pension, the resignation pension and the living allowance, as same as those enjoyed by the personnel belonging to the same category in their former home units

Article 17 With respect to returned overseas Chinese and relatives of overseas Chinese who return within one year after settling down abroad and demand to restore their household registers, the public security organs shall go through the formalities of restoring their household registers; where they demand the jobs, the department for personnel or labor shall give a priority of recommending them to the employment units under equal circumstances. With respect to returned overseas Chinese and relatives of overseas Chinese who have settled down abroad for more than one year and demand to return and settle down, the relevant matters shall be settled according to the provisions of State on the overseas Chinese who return and settle down in the country.

In case that the staff and workers who are returned overseas Chinese and relatives of overseas Chinese return to the country after going and settling down abroad and have restored, upon the approval according to the relevant provisions of State, their jobs, their service length both before going abroad and after restoring their jobs shall be counted together after they return the resignation pension.

Article 18 In case that returned overseas Chinese and relatives of overseas Chinese place out their children to an overseas Chinese for adoption who is their collateral relative by blood within three generations, the public security organs shall issue a notarial deed of adoption to them upon the investigation and the verification of that both parties are unconstrained, the adoptee is agreeable and the adoption is actually for the purposes of accepting the property and taking care of the life of the overseas Chinese.

Article 19 Returned overseas Chinese and relatives of overseas Chinese have the right to require the department concerned to handle the cases according to law if their legal rights and interests are infringed. The department shall make a decision within 30 days after receipt of the instrument in which the requirement of handling the cases is made, except special provisions; if the party concerned has objection to the decision made by the relevant department, he/her may apply for administrative reconsideration or file a suit in a people’s court.

Article 20 If the personnel of State infringe the legal rights and interests of returned overseas Chinese and relatives of overseas Chinese, they shall be ordered to correct or be given the administrative sanction by the units in which they work or by the higher competent organ; if crimes are committed, they shall be investigated for criminal liability according to law.

Article 21 With respect to the family of foreign-Chinese who has a permanent household register in Shenzhen, these Rules may be implemented by reference.

Article 22 These Rules shall come into effect as of the date of promulgation. The inadequate matters concerned in these Rules shall be implemented according to the provisions of the Law of the PRC on Protection of the Rights and Interests of Returned Overseas Chinese and Relatives of Overseas Chinese, the Measures for the Implementation of the Law of the PRC on the Rights and Interests of Returned Overseas Chinese and Relatives of Overseas Chinese, and the Implementation Measures of Guangdong Province on the Law of the PRC on Protection of the Rights and Interests of Returned Overseas Chinese and Relatives of Overseas Chinese.