Upon the approval of the State Council,
the Minister of Public Security Zhou Yongkang and the Minister of
Foreign Affairs Li Zhaoxing jointly endorsed Decree No.74 and officially
issued the Regulations on Examination and Approval of Permanent
Residence of Aliens in China for implementation on August 15.
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Eligibility for permanent residence is
granted by the government of a country to aliens who meet certain
requirements, and with this eligibility they can reside in the country
without limit to the period of stay. Aliens with eligibility for
permanent residence in a country are granted certificates of
identification, commonly known as "Green Cards". The Issuance of
Regulations on Examination and Approval of Permanent Residence of Aliens
in China indicates the official implementation of the "Green Card"
system in China. This is a significant move by the Chinese Government to
adapt to economic globalization, push forward reform and opening-up and
the modernization of socialism still further, and normalize the
regulation of examination and approval of permanent residence of aliens
in China.

Regulations on Examination and Approval
of Permanent Residence of Aliens in China has altogether 29 articles,
which include explicit provisions on the prerequisites for aliens to
apply for permanent residence permits in China, required supporting
documents, steps to be followed, limits of authority, and cancellation
of eligibility, etc.
According to the prerequisites specified
in the Regulations, eligibility for permanent residence mainly applies
to high-level foreign personnel who hold posts in businesses which
promote China's economic, scientific and technological development or
social progress, foreign citizens who make relatively large direct
investment in China, persons who have made outstanding contributions or
are of special importance to China, and people who come to China to be
with family, such as husband and wife, minors dependent on their
parents, and senior citizens dependent on their relatives.

To apply for permanent residence in
China, the applicant or the parents or guardian of unmarried children
shall submit an application to the public security organ of the People's
Government at the city level or the branch office or county office of
the public security bureau of a municipality directly under the central
government, which is in charge of the community of the applicant's major
investment or long-term residence, and at the same time, provide the
specified application documents. After the public security organ
receives the application, it shall investigate and verify the conditions
of the applicant according to the specified prerequisites, and submit
the application to the Ministry of Public Security for examination and
approval. The public security organ shall decide whether to approve or
reject the application for permanent residence permit within 6 months of
receiving the application.
Upon the approval of the Ministry of Public
Security, the applicant shall be granted an Alien Permanent Residence
Permit by the Ministry of Public Security. To applicants outside China,
an Alien Permanent Resident Status Confirmation Letter shall be issued
by the Ministry of Public Security, with which they may apply for D
Visas from a Chinese embassy or consulate abroad, and receive the Alien
Permanent Residence Permits from the public security organ which handles
their applications within 30 days of entering China.
According to relevant provisions, there
is no limitation on the period of stay of aliens with permanent resident
status in China, and they need not obtain visas and can enter and leave
the country with their valid passport and Alien Permanent Residence
Permits. For aliens with Alien Permanent Residence Permits of China, the
Alien Permanent Residence Permit is their legal identity document during
their stay in China and can be used alone.
Alien Permanent Residence Permits are
valid for five or ten years. Certificates with five-year validity are
granted to minors, while certificates with ten-year validity are granted
to adults. In case of expiration, loss, damage or content change of the
certificates, the holders may apply for recertification. The public
security organ may reissue certificates to them after confirmation that
they have not lost permanent resident status, without going through the
examination and approval procedures again.
In order to safeguard national security
and interests and maintain the solemnity and authority of permanent
resident status, the Regulations on Examination and Approval of
Permanent Residence of Aliens in China stipulates that aliens with
permanent resident status in China will be deprived of such status in
any of the following four circumstances: endangering national security
and interests, being sentenced to expulsion from China by the People's
Court, those who have gained the permanent resident status in China by
fraud, and those whose periods of residence in China do not reach the
specified number of years. In any of the above-mentioned circumstances,
the Ministry of Public Security will confiscate the Alien Permanent
Residence Permit or declare it invalid.
According to the provisions in the
Regulations on Examination and Approval of Permanent Residence of Aliens
in China, the Chinese Government grants Alien Permanent Residence
Permits to aliens who meet certain requirements, which is in conformity
with the common international practice and the practical situation of
China. Through over 20 years of reform and opening-up, China has made
significant achievements in its socialist modernization, with great
advancement of productivity, prominent strengthening of the overall
capacity of the country, further improvement of its international
standing, political stability, unity of various nationalities,
harmonious economic and social development, and the people living and
working in peace and contentment.
Along with the further development of
economic globalization, the further deepening of China's reform and
opening-up and the establishment and improvement of its socialist
market-oriented economic system, China's demand for high-level foreign
personnel is becoming even urgent, and at the same time, some
foreigners' desire for permanent residence in China and more freedom in
entering and leaving China is strengthening. In order to adapt to this
situation, attract more high-level personnel and investors of foreign
nationalities to China, and promote the economic and social development
and external communication and cooperation, the Chinese Government has
published a series of laws and regulations on aliens' entry and exit,
and long-term and permanent residence in China.
According to statistics,
since the implementation of the Law of the People's Republic of China on
Control of the Entry and Exit of Aliens adopted by the Standing
Committee of the People's Congress in November 1985 and the Enforcement
Regulations on Law of the People's Republic of China on Control of the
Entry and Exit of Aliens revised in July 1994, the Chinese government
has approved permanent residence for over 3,000 foreigners.
The Chinese laws have provisions on
permanent or long-term residence of aliens in China and the public
security organs also have some practice in examination and approval
management. However, generally speaking, examination and approval
management in this aspect is not normative and concrete enough at
present.
In recent years, the public security organs in China have made
a great deal of exploration into examination and approval management of
aliens' permanent residence in China pursuant to the Law of the People's
Republic of China on Control of the Entry and Exit of Aliens and on the
basis of generalizing experience and conducting earnest research and
studies, have accumulated much successful experience for the
establishment of China's "Green Card" system. The issuance and
implementation of the Regulations on Examination and Approval of
Permanent Residence of Aliens in China will promote the legislation,
institutionalization and normalization of the examination and approval
management of China's "Green Card". |