Archived(May 28, 2018)
Decree of Shenzhen Municipal People’s Government
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No. 169
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The Trial Measures of Shenzhen City for Residence Permits was adopted at the fortieth executive meeting of the fourth session of the Municipal Government and is hereby promulgated. It shall be implemented in the administrative areas of Yantian District of Shenzhen as of September 1, 2007.
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Xu Zongheng, Mayor
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July 31, 2007
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Trial Measures of Shenzhen City for Residence Permits
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Chapter 1 General Provisions
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Article 1 In order to ensure the residents’ legal rights and interests, improve residence services, strengthen population management, promote the building of a population information system, and achieve the harmonious development of the population, economy, society, environment and resources, these Measures are formulated according to the relevant laws and regulations and in light of the actual conditions of Shenzhen.
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Article 2 These Measures shall be implemented on a trial basis in the administrative areas of Yantian District of Shenzhen (hereinafter the “Trial Areas”).
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These Measures are applicable to residence registration as well as relevant management and service activities such as the application, issuance and use of residence permits in the Trial Areas.
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Article 3 Non-permanent residents of Shenzhen living in the Trial Areas shall handle residence registration and apply for residence permits according to the provisions of these Measures.
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Article 4 The public security organs of Shenzhen (hereinafter the “municipal public security organs”) are the departments in charge of residence registration and residence permits, responsible for residence registration and the handling, production and issuance of residence permits as well as relevant work such as residence information management and protection.
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Other relevant departments of Shenzhen Municipal People’s Government (hereinafter the “Municipal Government”), the District People’s Government of the Trial Areas (hereinafter the “District Government”) and its relevant departments, sub-district offices, and institutions in charge of the comprehensive management of floating population and rental houses shall do the work related to the management of residence permits and services according to their respective duties and the provisions of these Measures.
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The municipal public security organs may commission institutions in charge of the comprehensive management of floating population and rental houses or community workstations to do the supplementary work such as residence registration, acceptance and issuance of residence permits, etc. according to the work requirements and the principle of convenience for people.
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The public security organs and the organizations commissioned to do the supplementary work such as residence registration, acceptance and issuance of residence permits, etc. are collectively referred to as the Acceptance Institutions.
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Article 5 The implementation of the residence permit system shall embody the principles of uniform requirements, standardized management, convenient services and protection according to the law.
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Article 6 The relevant departments of the Municipal Government shall attach importance to and gradually establish the residence information services system to achieve the communication and real-time sharing of residence information.
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Article 7 The relevant departments of the Municipal Government and District Government and public institutions shall provide security for the trial of residence permits, and gradually expand the uses and functions of residence permits.
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They should actively support and encourage other public service institutions and commercial service organizations to provide convenience for using residence permits.
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Chapter 2 Residence Registration
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Article 8 The persons who have stayed in the Trial Areas for more than seven days shall handle residence registration.
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The persons who shall handle residence registration according to the provisions may apply for residence permits directly. The application for residence permits is deemed as the handling of residence registration.
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Article 9 The Acceptance Institutions are responsible for handling residence registration.
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Article 10 The employer or school shall handle residence registration for the persons living in the residence provided by the employer or school at the Acceptance Institution near the location of the employee or school or near the location of the residence.
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The persons not covered by the provisions above may personally go to the Acceptance Institution near the location of the residence to handle residence registration or commission others to handle residence registration for them.
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The Acceptance Institutions shall create favorable conditions actively and realize the application and handling of residence registration through the Internet, fax or any other means.
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Article 11 The house owner or tenant who provides accommodation for non-permanent residents of Shenzhen shall urge the residents to handle residence registration according to the provisions within three days; if these residents have stayed over seven days without handling residence registration, the house owner or tenant shall inform the public security organs of the circumstances of the residents.
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The house owner or tenant shall not provide accommodation for the persons who have stayed over seven days without handling residence registration.
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Article 12 The identity card or any other effective identity certificate shall be submitted for examination and the application form shall be filled out to apply for residence registration.
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If the residence permit has already been obtained, it shall be submitted for examination.
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The persons living together with the house owner or tenant shall submit the identity certificate of the house owner or tenant while handling residence registration; the persons living together with a tenant who is not a permanent resident of Shenzhen shall submit the residence permit of the tenant for examination.
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Those who apply for residence registration through the Internet, fax or any other means shall submit the relevant information according to the requirements.
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Article 13 After the acceptance of residence registration, the Acceptance Institution shall issue a receipt. Those who handle residence registration through the Internet, fax or any other means shall provide their residence registration numbers immediately.
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No fees shall be charged for handling or changing residence registration.
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Article 14 Where a person who lives in the residence provided by the employer or school has already handled residence registration or obtained the residence permit, the school or employer shall submit the residence registration receipt or residence permit to the Acceptance Institution for examination within three working days after the date of employment (recruitment) or the date of check-in, or provide the residence registration number.
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If the address of a person uncovered by the preceding paragraph is changed, he shall submit the residence registration receipt or residence permit to the Acceptance Institution near the location of the new residence for examination within three working days after the date of change, or provide the residence registration number. The Acceptance Institution shall change the information of the residence address immediately.
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Article 15 Under the following circumstances, the registration shall be handled according to the following provisions:
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(1) The persons living in places like guesthouses, hotels, inns, hostels, etc. shall handle accommodation registration according to the relevant provisions;
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(2) The persons living in hospitals for medical treatment shall handle hospitalization registration;
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(3) The relief institutions of civil administration departments are responsible for the registration of vagrants such as wanderers, beggars, etc.
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If the registration is handled according to the preceding paragraph, the registration unit shall not only establish real-time network connection with the public security organs, but also submit the registration to the public security organs within three working days after the registration.
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Chapter 3 Application and Issuance of Residence Permits
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Article 16 Non-permanent residents of Shenzhen aged over 16 and under 60 who have stayed in the Trial Areas for more than 30 days shall apply for residence permits.
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The persons aged under 16 or over 60 and the persons who have stayed for less than 30 days may apply for residence permits.
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Article 17 The Acceptance Institutions are responsible for accepting applications for residence permits and shall send the application information to the public security organs on the day of acceptance.
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Article 18 Residence permits include Shenzhen Residence Permits and Shenzhen Temporary Residence Permits.
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Article 19 The persons who are over 16 and meet one of the following conditions shall be granted Shenzhen Residence Permits:
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(1) They are working in Shenzhen, whether doing jobs (including housekeeping services jobs) or investing and establishing enterprises or other economic organizations;
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(2) They own the house they inhabit in Shenzhen;
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(3) They meet the relevant conditions for handling talent residence permits and overseas talent residence permits of Shenzhen;
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(4) They are starting up a business in Shenzhen and have the corresponding technological or financial conditions or they are creating cultural and artistic works in Shenzhen;
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(5) They are receiving non-degree education in full-time schools including junior colleges and higher education institutions approved in Shenzhen;
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(6) Other circumstances specified by the Municipal Government.
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The persons who are under 16 or do not meet the conditions above shall be granted Shenzhen Temporary Residence Permits.
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Article 20 The identity card or other effective identity certificates shall be submitted for examination and the application forms shall be filled out to apply for residence permits; the applicants for Shenzhen Residence Permits shall submit documents and materials according to the following provisions:
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(1) If the application is filed by a person working in Shenzhen, the employment certificate provided by a legally registered unit or the industrial and commercial registration certificate of the economic organization funded by the applicant shall be submitted;
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(2) If the application is filed by a person owning a property, the Real Estate Title Deed or other certificates and materials of property rights of the house inhabited by the applicant shall be submitted;
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(3) If the application is filed by a talent or overseas talent, the certifications issued by the relevant departments of the Municipal Government shall be submitted. Those who are found to meet the conditions after examination are granted talent residence permits and overseas talent residence permits;
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(4) If the application is filed by a person starting up a business or creating cultural and artistic works, the project confirmation materials issued by the relevant departments of the Municipal Government shall be submitted;
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(5) If the application is filed by a person studying in Shenzhen, the education certificates issued by the school shall be submitted.
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While accepting the application by a married woman of child-bearing age between 20 and 49, the Acceptance Institution shall examine the Shenzhen Family Planning Certificate issued by the family planning work institution of the neighborhood where she lives. Where such a woman cannot provide the family planning certificate, the Acceptance Institution shall inform her in writing, telling her to submit the family planning certificate within three months after the day when she applies for residence permit and to voluntarily participate in the pregnancy examination provided by the Government free of charge, and handle the situation according to the following provisions:
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(1) If the woman submits the family planning certificate within the prescribed time limit, she shall be granted the residence permit according to the provisions;
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(2) If the woman is found not pregnant after the pregnancy examination, she shall be granted Shenzhen Temporary Residence Permit; if she submits the family planning certificate within the prescribed time limit, her Shenzhen Temporary Residence Permit shall be replaced by Shenzhen Residence Permit according to the provisions; if she cannot submit the family planning certificate within the prescribed time limit, the term of her Shenzhen Temporary Residence Permit shall not be extended upon expiration;
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(3) If the woman cannot submit the family planning certificate within the prescribed time limit and have not participated in the pregnancy examination provided by the Government free of charge or is found pregnant after the examination, the residence permit shall not be granted to her.
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The municipal public security organs shall send the family planning information gathered by them to the population and family planning departments in time, and the population and family planning departments shall carry out supervision and management according to the law, and investigate and deal with the violations of the family planning law.
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Article 21 If a person meets one of the conditions in Article 19 (1), he may submit the corresponding documents and materials according to the provisions of the preceding article after obtaining Shenzhen Temporary Residence Permit and apply to replace his Shenzhen Temporary Residence Permit with Shenzhen Residence Permit.
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Article 22 The employer is responsible for applying for residence permits for all the persons employed (recruited) by it; these persons may apply for residence permits by themselves.
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Full-time schools including junior colleges and higher education institutions in Shenzhen shall apply for residence permits for all the persons studying there.
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Other persons may apply for residence permits by themselves or commission others to apply for them.
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The guardians of minors or other persons commissioned by the guardians shall apply for residence permits for the minors.
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Article 23 After the Acceptance Institution receives an application for residence permit, it shall accept the application and issue a receipt if the materials are complete; otherwise, it shall inform the applicant of all the materials that shall be submitted in writing on the spot.
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If a person applies for Shenzhen Residence Permit but does not meet the conditions provided in Article 19 (1), Shenzhen Temporary Residence Permit may be granted to him.
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Article 24 The public security organs shall examine and verify the application materials they have received. If the applicant meets the conditions for residence permit issuance, the period between the acceptance of the application and the issuance of the residence permit shall not exceed 15 working days.
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Article 25 If the residence permit is lost, the holder may apply for a make-up one. If the residence permit is severely damaged or changes in the main information of the residence permit affect its use functions, the holder may apply for a new one.
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Article 26 All residence permits are produced by the municipal public security organs on a “one person one permit” basis and issued by the public security organs. If the residence permit is changed, a make-up residence permit is received, the term of the residence permit is extended or Shenzhen Temporary Residence Permit is replaced with Shenzhen Residence Permit, the original number shall be used.
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The term of validity of Shenzhen Residence Permit is 10 years, and the term of validity of Shenzhen Temporary Residence Permit is 3 months; if the term of the residence permit needs to be extended upon the expiration of the term of validity, the residence permit holder shall apply for extension fifteen days before the expiration of the term of validity. Each extended period of Shenzhen Residence Permit is ten years; and each extended period of Shenzhen Temporary Residence Permit is three months. If the term of the residence permit is not extended upon the expiration of the term of validity, it is invalidated automatically.
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Article 27 Neither unit nor individual shall fabricate, alter, falsely use or fraudulently obtain residence permits, or buy, sell or use fabricated, altered or fraudulently obtained residence permits.
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No unit and or individual shall withhold residence permits illegally.
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Article 28 The municipal public security organs shall collect the costs of producing residence permits according to the relevant provisions.
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No fees shall be collected for extending the term of residence permit or replacing Shenzhen Temporary Residence Permit with Shenzhen Residence Permit.
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When the residence permit is applied for, a make-up residence permit is received or the residence permit is changed, the costs of producing the residence permit shall be paid by the residence permit holder.
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The revenue and expenditure of the production costs shall be managed separately.
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Chapter 4 Uses and Services of Residence Permits
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Article 29 The residence permit can be used for many purposes, and its use functions include government administrative management and public services such as labor and social insurance, family planning, education, public transportation, etc.
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The relevant departments and units of the Municipal Government shall fully study, develop, gradually increase and improve the use functions of the residence permit and provide security for the use of the residence permit.
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The expansion of the use functions of the residence permit shall be approved by the Municipal Government.
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Article 30 The persons who have obtained residence permits enjoy the following rights and interests:
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(1) They may enter Shenzhen Special Economic Zone with residence permits;
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(2) If they meet the provisions of the Municipal Government for granting the certificates for preferential treatment in vehicles, they may apply for the certificates for preferential treatment in vehicles;
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(3) Other rights and interests they may enjoy according to the provisions of the Municipal Government.
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Article 31 Apart from the rights and interests provided in Article 30 of these Measures, the persons who have obtained Shenzhen Residence Permits enjoy the following rights and interests in Shenzhen:
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(1) To handle the exit procedures for business trips at their entry in or exit from Hong Kong and Macao;
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(2) To apply for vehicle registration and motor vehicle driving license;
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(3) If they meet the conditions for changing the registered residences of people with technical skills, investors and taxpayers and changing the registered residences according to policies, their registered residences shall be changed first under the same conditions;
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(4) To handle the procedures for long-term house lease;
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(5) To apply for participation in the evaluation of the qualifications for holding professional and technical posts organized in Shenzhen or the examination and registration of vocational (practicing) qualifications according to the provisions;
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(6) To apply for the compulsory education of their children according to the relevant provisions of the Municipal Government;
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(7) Couples of child-bearing age who comply with family planning policy may enjoy the technical services of the basic family planning project provided by the State free of charge.
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Article 32 Apart from the treatment provided in these Measures, the persons holding talent residence permits or overseas talent residence permits enjoy other preferential treatment for talents provided by the State, Guangdong Province and Shenzhen City.
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Article 33 The owner of the rental house or the manager or sub-lessor of the rental house shall not let or sublet the house to non-permanent residents who have not obtained Shenzhen Residence Permits for a long term, excluding the persons aged over 60 living in Shenzhen.
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The managers of the rental house include the institutions and persons commissioned by the owner to let or manage the rental house.
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Article 34 The following persons who have not obtained Shenzhen Residence Permits may rent houses for a short period after the verification and registration by institutions in charge of the comprehensive management of floating population and rental houses:
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(1) The persons who have come to Shenzhen to handle public affairs and business activities with the certifications of their units;
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(2) Graduate students who have come to Shenzhen to look for jobs with their student identity cards or diplomas.
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The persons who rent houses for a short period may rent only once a year and the lease period shall not exceed three months.
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The owners of short-term rental houses shall send the relevant information about the tenants to institutions in charge of the comprehensive management of floating population and rental houses.
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Article 35 The persons who come to Shenzhen temporarily and have not obtained Shenzhen Residence Permits may live in the special rental houses for temporary stay (hotel management).
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The owners of rental houses for temporary stay shall examine the identity certificates of the tenants strictly. If the circumstances of the tenants change, the owners of rental houses shall report to the public security organs on the same day.
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The rental houses for temporary stay shall be declared to the public security organs according to the provisions and shall meet the relevant conditions and requirements. The conditions and management measures for rental houses for temporary stay shall be formulated by the public security organs.
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Article 36 If the persons aged over 16 and under 60 have stayed over 30 days without applying for residence permits, the house owner or tenant providing accommodation for such persons shall report to the public security organs and shall not continue to provide accommodation for them; if the tenant continues to do so, the owner of the rental house or the manager or sub-lessor of the rental house shall not continue to let or sublet the house to the tenant.
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Article 37 Under any of the following circumstances, the use functions of Shenzhen Residence Permits shall be suspended:
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(1) The persons who have obtained Shenzhen Residence Permits according to the provisions of Article 19 (1) of these Measures stop working for more than 60 days;
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(2) The persons who have obtained Shenzhen Residence Permits according to the provisions of Article 19 (2) of these Measures transfer their houses;
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(3) The term of validity of talent residence permit or overseas talent residence permit has expired and the extension of the term of validity has not been approved;
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(4) The start-up project has ended or the holder of Shenzhen Residence Permit is no longer creating cultural and artistic works in Shenzhen;
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(5) The term of study has expired;
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(6) Any person refuses to take remedial measures after becoming pregnant in violation of policies or to accept the decisions after giving birth in violation of policies;
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(7) Other circumstances specified by the Municipal Government.
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Where the use functions of Shenzhen Residence Permit are suspended, its functions are the same as those of Shenzhen Temporary Residence Permit.
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Article 38 Where the use functions of Shenzhen Residence Permit have been terminated according to the provisions of the preceding article and the conditions provided in Article 19 of these Measures are met again, the holder may apply to resume the use functions of Shenzhen Residence Permit and go to the public security organs with the corresponding materials to handle the procedures.
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Article 39 The public security organs may examine residence permits according to the law.
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While performing their duties, the public security organs or other administrative departments may examine the residence registration of handling units and individuals as well as the handling of residence permits.
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The relevant units shall provide the information about the penalties for failure to handle residence registration or residence permits according to the provisions with the public security organs, and the public security organs shall take notes of the same.
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Article 40 While performing their legal duties or providing services for residence permit holders, the relevant units and persons may require the persons concerned to show their residence permits, and the persons concerned offer cooperation.
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Article 41 Where institutions in charge of labor security, population and family planning, and the comprehensive management departments of floating population and rental houses find out any violation of these Measures while performing their duties, they shall report it to the public security organs or the relevant government departments in charge immediately.
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Article 42 Where public service institutions or commercial service organizations such as financial organizations need to use residence permits to provide public services, the Government and departments concerned shall provide support and convenient services.
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While providing public services such as water, electricity, gas and telephone communication, public service institutions and commercial service organizations shall formulate measures for providing residence permit holders with convenient services.
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Chapter 5 Collection and Protection of Information
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Article 43 The Municipal Government shall study and set up the information processing system, establish the basic population database, take charge of the reception, arrangement, management and protection of information, and realize dynamic management. The scope of information to be collected for the basic population database shall be determined by the Municipal Government.
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All the governmental departments are responsible for the transmission, management, maintenance, update and use of their own information of residence permits. Other departments shall use the information from the basic population database according to the provisions of the Municipal Government.
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Article 44 The residence permit shall contain the relevant residence information on the permit holder. Residence information includes eye-readable information on the surface of the residence permit and machine-readable information in the inner chip of the residence permit.
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Eye-readable information includes name, sex, nationality, photo, identity card number, issuing authority, date of issuance, etc.
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Machine-readable information includes eye-readable information, contact information, work status, social insurance, marital status, family planning status, basic information of children (name, sex and date of birth), good faith or records of illegal acts.
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The chip of the residence permit shall contain space reserved for the information of different departments, and the multiple uses of the same residence permit and convenient services and functions shall be gradually achieved. All the departments, institutions and organizations shall be responsible for the development and utilization of residence permits as well as the reception, input, management and maintenance of the corresponding information.
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Article 45 Residence information shall be collected, used, managed and protected according to the law and kept secret.
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Article 46 The regulations of information protection levels, information inquiry and use authorizations, information safety management, etc. shall be established for the residence information processing system.
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Article 47 The municipal labor security department shall study and establish the employment information system, gradually adapt the system to the basic population database, receive, collect and manage the employment information on all the employers (including different economic organizations) in the City, and achieve interconnection with the basic population database.
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Article 48 If an employer recruits or dismisses any employee, it shall send the recruitment or dismissal information to the labor security department within five working days thereafter.
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Article 49 Acceptance Institutions are responsible for receiving and collecting initial information and transmitting or sending the information collected and changed to the basic population database immediately.
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While performing their duties, the relevant units including institutions in charge of labor security, population and family planning, education, technological information, personnel matters, land and house properties, industry and commerce, and the comprehensive management of floating population and rental houses shall be responsible for collecting the corresponding department information and store the information collected and changed in the corresponding space reserved, and transmitting or sending the information to the basic population database immediately. They shall also be responsible for updating the information in time to ensure the accuracy thereof.
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Article 50 All the units and individuals shall provide true and correct residence information, and shall not provide false information or materials.
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Article 51 While performing their legal duties, the state administrative organs and other units and individuals responsible for performing legal duties may inquire about and use the residence information related to their performance of duties. The inquiry and use shall comply with the relevant management provisions.
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The residence permit holder may inquire the Acceptance Institutions about his own residence information or authorize others to inquire about his own residence information, and the Acceptance Institutions shall provide services.
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Article 52 If the residence permit holder finds that his own residence information is neither true nor correct, he may provide certifications to the public security organs or other departments that collect residence information and apply to make corrections.
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Article 53 All the units or individuals shall keep secret the information obtained while collecting, managing and using residence information, and shall not disclose the information without authorization, buy and sell the information or use the information for purposes other than legal duties or authorized uses.
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Chapter 6 Legal Liabilities
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Article 54 Where the units or persons responsible for residence registration fail to handle residence registration or change registration according to the provisions of these Measures, the public security organs shall warn the responsible units or persons and order correction within a time limit; if they fail to make corrections within the time limit, a fine of RMB 100 per unregistered person shall be imposed.
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Where the owners of rental houses or persons in the hotel business violate the Law of the People's Republic of China on Public Security Administration Punishments, the public security organs shall mete out punishments according to the law.
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Article 55 Under the following circumstances, the public security organs shall give warnings and order correction within a time limit; if they fail to make corrections within the time limit, a fine of RMB 200 per person shall be imposed:
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(1) The persons responsible for applying for residence permits fail to apply for residence permits according to the provisions of these Measures;
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(2) House owners or tenants provide houses for persons who do not meet the accommodation conditions in violation of the provisions of these Measures.
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Article 56 Where the owners of rental houses or managers or sub-lessors of rental houses let or sublet houses in violation of the provisions of these Measures, the public security organs shall give warnings and order correction within a time limit; if they fail to make corrections within the time limit, a fine of less than twice the total rent income agreed on in the lease contract shall be imposed.
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Article 57 Where employers fail to send the recruitment or dismissal information according to the provisions of these Measures or send false information, the labor security department shall give warnings and order correction within a time limit; if they fail to make corrections within the time limit or commit violations again, the labor security department shall mete out punishments according to the relevant provisions.
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Article 58 Where any residence permits is fabricated, altered or fraudulently obtained, or any fabricated, altered or fraudulently obtained residence permit is bought or sold, the public security organs shall impose a fine of RMB 200 per residence permit fabricated, altered, fraudulently obtained, bought or sold on the persons who commit these acts.
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Where any residence permit is falsely used, or any fabricated, altered or fraudulently obtained residence permit is used, the public security organs shall impose a fine of RMB 200.
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Where residence permits are withheld illegally, the public security organs shall order the relevant persons to return them and impose a fine of RMB 200 per residence permit illegally withheld on the corresponding actors.
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Fabricated, altered or fraudulently obtained residence permits shall be cancelled by the public security organs.
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Article 59 Where residence information is illegally disclosed, bought, sold or used in violation of the provisions of Article 53 of these Measures, a fine of RMB 1,000 shall be imposed and the main person in charge and directly responsible person of the unit shall be investigated and punished according to the relevant provisions.
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Article 60 If the request of public security organs to examine residence permits and residence registration according to the law is refused, the public security organs shall take measures to deal with the situation according to the law.
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Where employers refuse the request of public security organs or other administrative departments to examine the handling of residence permits or residence registration according to the law, the relevant departments shall give warnings; if they refuse to make corrections, a fine of RMB 1,000 shall be imposed.
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Article 61 Where the relevant government departments and administrative institutions and their staff fail to perform their duties according to the provisions of these Measures, or examine or withhold residence permits in violation of the relevant provisions, the main person in charge and directly responsible person shall be punished according to the law.
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The municipal supervision department shall regularly circulate notices on the failure of various departments and institutions to carry out residence management and service-related work according to the provisions.
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Article 62 If parties concerned have objections to the specific administrative actions involving residence registration or residence permits, they may apply for administrative review or directly file an administrative lawsuit at a people’s court according to the law.
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Chapter 7 Supplementary Provisions
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Article 63 These Measures are not applicable to foreigners, stateless persons and residents of Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region.
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Article 64 These Measures shall be implemented in the Trial Areas as of September 1, 2007. |