Measures for the Administration of Examination and Approval of Foreigners’ Permanent Residence in China

(Approved by the State Council on December 13, 2003, promulgated by the Ministry of Public Security and the Ministry of Foreign Affairs on August 15, 2004, Decree No.74)

Article 1 With a view to standardizing the examination and approval of Foreigners’ permanent residence in China, these regulations are formulated in accordance with the Law of the People’s Republic of China on the Entry and Exit of Foreigners and the relevant provisions for its implementation.

Article 2 The term “Foreigners’ permanent residence in China” means that the residence period of Foreigners in China has no time limit.

Article 3 The Foreigner’s Permanent Residence Permit is a valid ID certificate for Foreigners who have obtained permanent residence status in China, which may be used independently.

Article 4 Foreigners with permanent residence status in China are permitted to enter and leave the Chinese territory with valid passports and the Foreigner’s Permanent Residence Permit.

Article 5 The authorities handling Foreigners’ applications for permanent residence in China are the public security organ of the people’s government of the city divided into districts, and branch bureaus or county bureaus of the public security bureau of a municipality directly under the Central Government. The authorities examining Foreigners’ applications for permanent residence in China are public security organs, bureaus at the level of province, autonomous region and municipality directly under the Central Government. The authorities approving Foreigners’ applications for permanent residence in China are the Ministry of Public Security.

Article 6 Foreigners who wish to apply for permanent residence in China should abide by Chinese laws, be healthy and have no criminal record, and they must meet at least one of the following requirements:

1) having made direct investment in China with stable operation and a good tax paying record for three successive years;

2) having been holding the post of deputy general manager, deputy factory director or above, or having the title of associate professor or associate research fellow or above, and other associate senior titles of professional posts or above or enjoying an equal treatment in China for at least four successive years, with a minimum period of residence in China for three cumulative years within four years and with a good tax paying record;

3) having made great and outstanding contributions and being specially needed by China;

4) being the spouse or unmarried children under 18 years of age of a person referred to in Item (1), (2) or (3) of this paragraph;

5) being the spouse of a Chinese citizen or of an Foreigner with permanent residence status in China, in a marriage relationship for at least five years, with at least five successive years of residence in China and at least nine months of residence in China each year, and having stable source of subsistence and a dwelling place;

6) being an unmarried child under 18 years of age dependant on his/her parents;

7) being a person at the age of 60 years or older with no direct relatives overseas but patronized by direct relatives in China, having stayed in China for at least five successive years with at least nine-month residence in China each year, and having stable source of subsistence and a dwelling place.All the time periods mentioned in this article mean the successive ones till the application date.

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