Shanghai People and Social Regulations (2017) No. 39
All relevant units:
In order to implement Shanghai’s strategic plan for accelerating the construction of a technological innovation center with global influence, in accordance with the „Opinions of the State Council on Strengthening the Implementation of Innovation-Driven Development Strategies to Further Promote the In-depth Development of Mass Entrepreneurship and Innovation“ (Guofa 2017 No. 37), „Notice of the State Council on Several Measures to Promote the Growth of Foreign Investment“ (Guo Fa No. 2017 [39]), „Notice of the State Administration of Foreign Experts Affairs of the Ministry of Human Resources and Social Security of the Ministry of Foreign Affairs and Ministry of Public Security on the Full Implementation of the Work Permit System for Foreigners to China“ (Foreign Special Issue [2017] No. 40) and „Several Opinions of the Shanghai Municipal People’s Government on Further Supporting Foreign-funded R&D Centers to Participate in the Construction of Shanghai’s Globally Influential Technology Innovation Center“ (Hu Fu Fa [2017] No. 79) and other documents, Further support the city’s foreign-funded R&D centers to participate in the construction of scientific and technological innovation centers with global influence, increase efforts to attract all kinds of foreign R&D talents, and provide convenience for foreign talents hired by the city’s foreign-funded R&D centers to work, innovate, and start businesses in Shanghai. The notice is as follows:
- Scope of application
The foreign-funded R&D centers referred to in this notice refer to foreign-funded R&D centers that have been recognized by the Shanghai Municipal Commission of Commerce, China (Shanghai) Pilot Free Trade Zone Management Committee, Pudong New Area People’s Government, or Shanghai Zhangjiang Hi-Tech Park Management Committee. Foreign R&D talents, foreign management technical talents and other foreign talents employed by them who come to Shanghai to work shall go through the procedures for foreign work permits in accordance with the relevant provisions of this notice.
- Application conditions
(1) At least 18 years old and in good health.
(2) No criminal record.
(3) There is a definite employing unit, and the unit is operating normally and carrying out activities in accordance with the law in the administrative area of this city, and has obtained approval from the Shanghai Municipal Commission of Commerce, China (Shanghai) Pilot Free Trade Zone Management Committee, Pudong New Area People’s Government or Shanghai Zhangjiang Approval issued by the High-tech Park Management Committee to be recognized as a foreign R&D center.
(4) The work they are engaged in meets the needs of my country’s economic and social development, is a professional that is urgently needed in the country, and has the professional skills or the appropriate level of knowledge necessary for the work.
(5) Hold a valid passport or international travel document.
(6) Other conditions stipulated by laws and regulations.
Three, handling procedures
The foreign-funded R&D center of this Municipality employing qualified foreign talents shall apply to the Shanghai Municipal Bureau of Foreign Experts Affairs or its legally authorized foreign talent department of the district government, and provide the following materials:
(1) A valid business license or other statutory registration certificate of a foreign-funded research and development center, a foreign-invested enterprise approval certificate or a record certificate, and the Shanghai Municipal Commission of Commerce, China (Shanghai) Pilot Free Trade Zone Management Committee, Pudong New Area People’s Government or Shanghai Zhangjiang Gao Approval issued by the Science and Technology Park Management Committee to be recognized as a foreign R&D center.
(2) Employment contract or certificate of appointment (including dispatch letter of multinational company).
(3) Report on the reason for employment.
(4) The applicant’s complete resume in Chinese.
(5) Provide the highest degree (educational) certificate (original and copy) and certification materials. Among them, the „information + commitment“ method is adopted for the degree (academic) certificate certification materials for foreign high-end talents (Class A).
(6) Certificate of no criminal record, among which, the certificate of no criminal record for foreign high-end talents (Class A) adopts the method of „information + promise“.
(7) Applicant’s valid passport or international travel document.
(8) The applicant’s medical certificate.
(9) The applicant’s frontal photo without hat within 6 months.
(10) Other certification materials deemed necessary by the issuing authority.
The above procedures and materials provided refer to the „Notice of the State Administration of Foreign Experts Affairs on Printing and Distributing the Service Guide for Foreigners‘ Work Permits in China (Interim)“ (Wai Zhuan Fa [2017] No. 36) and the „Shanghai Municipal Human Resources and Social Security Bureau Shanghai Notice of the State Administration of Foreign Experts Affairs on Printing and Distributing the Service Guide for Foreigners’ Work Permits to China (Interim) (Hurenshewai [2017] No.181).
The Shanghai Municipal Bureau of Foreign Experts Affairs or its legally authorized foreign talent department of the district government shall conduct examination and approval in accordance with regulations. Foreign talents hired by foreign-funded R&D centers in this city who meet the conditions will be issued „Work Permits for Foreigners“. Foreign talents who have obtained Work Permits for Foreigners shall apply for corresponding residence permits at the public security department.
- Facilitation measures
(1) Further facilitate foreign-funded R&D centers to hire foreign talents
- The foreign R&D personnel employed by the foreign-funded R&D center of this city can directly apply for the procedures for the work permit for foreigners to come to China. Foreign R&D personnel employed by foreign-funded R&D centers in this city who have entered the city with L (travel), F (visit) visas and other visas (not meeting the requirements for foreign high-end talents) are allowed. Those who meet the requirements can directly apply for the „Foreigner Work Permit“ , Exempt from „Notice of Foreigner Work Permit.“
- Personnel with senior management or technical positions employed by the foreign-funded R&D center of this city enjoy the green channel for foreign high-end talents (Class A) to apply for work permits for foreigners to work in China. For degree (educational) certificate certification materials and non-criminal record certificates, use „Notice + Commitment“ approach.
- Foreign talents hired by foreign-funded R&D centers in this city can use „acceptance of vacancies“ to handle work permit procedures, that is, foreign talents hired by foreign-funded R&D centers can temporarily not submit degree (educational) certification materials and certificates when applying for foreign work permit procedures. Necessary materials such as a certificate of no criminal record shall be supplemented with valid materials when obtaining the „Foreigner Work Permit“.
- For other foreign personnel, if the foreign-funded R&D center of this city really needs to be hired, the Shanghai Municipal Commission of Commerce will issue a recommendation letter, and those who meet the requirements can apply for the „Foreigner Work Permit“ according to regulations.
- The foreign-funded R&D centers of this city are directly included in the „Shanghai Science and Technology Innovation Occupation List“ (hereinafter referred to as the „list“), and foreign-funded R&D centers listed on the list can enjoy relevant treatments in accordance with regulations.
- Foreign-funded R&D centers in this city can directly hire foreign graduates with a master’s degree or above from foreign colleges and universities, and foreign college graduates hired by foreign-funded R&D centers registered in the „double-self“ area have extended their academic qualifications to undergraduates.
- To improve the credit management system, the city’s foreign-funded R&D centers can apply to join the city’s green channel for creditworthy enterprises hiring foreign talents.
(2) In order to encourage foreign-funded R&D centers to hire foreign high-end talents, those who meet one of the following conditions can directly apply for a „Foreign High-end Talents (Type A)“ work permit
- Foreign talents who meet the internationally recognized professional achievement standards.
- Foreign talents selected for the domestic talent introduction plan.
- Personnel with senior management or technical positions employed by foreign R&D centers.
- Foreign talents with a contract annual salary of more than 600,000 yuan and paying personal income tax of more than 120,000 yuan in Shanghai.
- Young talents under the age of 40 who are engaged in post-doctoral research in high-level universities abroad or in universities in China.
- Foreign talents whose points have reached 85 points or more.
The above relevant certification standards and talent introduction plan refer to the „Notice of the State Administration of Foreign Experts Affairs, Ministry of Human Resources and Social Security, Ministry of Foreign Affairs, Ministry of Public Security on the Full Implementation of the Work Permit System for Foreigners in China“ (Wai Zhuan Fa [2017] No. 40) Annex: Foreigners Classification criteria for work in China (for trial implementation).
(3) „Foreign high-end talents (Type A)“ hired by the city’s foreign-funded R&D center can enjoy the following benefits
- There are no restrictions on age, education and work experience.
- You can apply for a work permit directly in the country, and the highest degree (educational) certificate certification and no criminal record can be „informed + promise“, and the approval time limit is shortened to 5 working days.
- A work permit for foreigners with a validity period of up to five years can be granted.
- A card for foreign high-end talents can enjoy the relevant benefits of the „One Card“ in the pilot area.
- You can directly apply for the „Shanghai Overseas Talents Residence Permit“ (B Permit) and enjoy relevant benefits.
- Other matters
This notice will be implemented from January 1, 2018, and will be valid until December 31, 2022.
Shanghai Municipal Human Resources and Social Security Bureau
Shanghai Foreign Experts Bureau
December 29, 2017
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