Archived（May 31, 2018）
(Adopted at the 29th meeting of the Standing Committee of the First Shenzhen Municipal People’s Congress on March 30, 1995；revised at the 38th meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on April 29, 2005)
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.
If a returned overseas Chinese or a relative of overseas Chinese needs his identification to be affirmed, he shall submit his certification which is issued by the unit in which he works, the sub-district office, the town people’s government or the police station of the place where he registers his household, or other effective certifications proving his identification of a returned overseas Chinese or a relative of overseas Chinese to the municipal or district administrative department for the affairs of overseas Chinese for verification in order to apply for an affirming certificate.
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 which are established according to law shall go in for their activities in accordance with their charts, and shall protect the legal rights and interests of returned overseas Chinese and those of relatives of overseas Chinese. Returned overseas Chinese and relatives of overseas Chinese shall have the rights of applying for the establishment of other social groups according to law, and go in for legal social activities basing on their needs.
The properties of the legally established social groups of returned overseas Chinese and relatives of overseas Chinese shall by law be protected from being infringed upon by any unit or individual.
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 and district 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 relevant departments of municipal and district people’s governments shall give support by making policies to the area and units where returned overseas Chinese or relatives of overseas Chinese gather together.
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 When an overseas Chinese is approved to go back to and settle down in the place where his original residence was registered, the relevant department of government shall give him assistance and support.
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 When an employee who is a returned overseas Chinese and registers his residence in Shenzhen retires, and if the sum of his monthly basic pension and his local supplementary retirement welfare is less than the average of the monthly wage of the staff and workers in the last year of Shenzhen Municipality, he shall be given an additional subsidy which is equal to 5% of the average monthly wage of the staff and workers in the last year since the retirement.
Article 13 If a returned overseas Chinese or relative of overseas Chinese applies for going abroad for private affairs, the application shall be dealt with according to relevant regulations.
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 If a returned overseas Chinese or relatives of overseas Chinese is approved to settle down abroad, the nonnegotiable houses bought by him shall be allowed to be remained for him and relevant formalities shall be filled in according to relevant regulations and policies on houses.
Article 16 If an employee of returned overseas Chinese or relative of overseas Chinese applies for leaving the country and settling down abroad, the unit in which he works shall go through the resignation formalities for him within 15 days after he obtains the entry visa of the country (district) where he wants to settle down. If he applies to the administrative department of social insurance for cancelling his insurances, the department shall go through the formalities of giving back the money accumulated in his personal account of endowment insurance according to relevant regulations.
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 old-age 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 If a returned overseas Chinese or relative of overseas Chinese who settles down abroad requires to return and settle down at domestic, he shall apply for a certification of returning and settling down according to the regulations of the State about overseas Chinese returning and settling down, and shall register his permanent residence at the local police station of public security where he plans to settle down by the certification within 30 days after he arrives. If he asks for a job, the administrative department of personnel and labor, under equivalent conditions, shall give him the priority to recommend him to the employer
If an employee of returned overseas Chinese or relative of overseas Chinese returns after he leaves the country and settles down abroad, and gets a job again in this municipality, the actual paying years of his insurance before his leaving and after he returns and gets a job shall be calculated in combination after he returns the money of his endowment insurance.
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.
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