《外国人在中国永久居留享有相关待遇的办法》政策问答(一)

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《外国人在中国永久居留享有相关待遇的法子》政策问答(一)

In the Measures for the Relevant Treatment of Foreigners' Permanent Residence in China (hereinafter referred to as the "Measures"), it is stipulated that the foreigners who hold the Foreigners' Permanent Residence Permit in China (hereinafter referred to as the "PR" in China) shall, in principle, enjoy the same rights and undertake the same obligations as Chinese citizens, except for the specific rights and obligations that they cannot enjoy under the provisions of political rights and laws and regulations.

《外国人在中国永久居留享有相关待遇的办法》(以下简称《办法》)中,规定持有外国人在中国永久居留证(简称中国“绿卡”)的外籍人员除政治权力和法令律例规定不成享有的特定权力和义务外,原则上和中国公民享有不异权力,承担不异义务。

What is the convenience of entry and exit for people with PR?

持“绿卡”人员出进境有何便当?

Article 2 of the Measures stipulates that "there is no restriction on their period of stay in China, and they may enter and leave the country with a valid passport and a Permanent Residence Permit for Foreigners, without the need for additional procedures such as visas; their spouses and immediate family members may apply for the corresponding visas, residence permits or Permanent Residence Permits for Foreigners in accordance with the relevant regulations". Article 3 of the Measures stipulates that "articles for personal use entering or leaving the country shall be processed in accordance with the relevant customs regulations for settled passengers". According to the Measures of the Customs of the People's Republic of China for the Supervision of Luggage and Articles of Passengers Entering and Leaving the Country (Order No. 9 of the General Administration of Customs), a "settled passenger" is a passenger who has obtained a certificate or approval document issued by the competent authorities of the People's Republic of China for entering or leaving the country for settlement and has moved to the country or abroad. Therefore, a foreigner who has obtained a Chinese "green card" and settled in China is a "settled passenger". Compared to the Chinese "resident visitor", a "settled visitor" is more likely to bring in daily necessities that he or she or his or her family needs during his or her stay in China.

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《办法》第二条规定,“在中国居留期限不受限造,能够凭有效护照和《外国人永久居留证》出进中国国境,无需别的打点签证等手续;其配头及曲系亲属,可按有关规定申请打点响应签证、居留证件或《外国人永久居留证》”。《办法》第三条规定,“进出境自用物品根据海关对定居旅客的有关规定打点手续”。根据《中华人民共和国海关对进出境旅客行李物品监管办法》(海关总署9号令),“定居旅客”是指获得中华人民共和国主管部分签发的进境或出境定居证明或批准文件,移居境内或境外的旅客。因而获得中国“绿卡”后定居国内的外国人应为“定居旅客”。与中国籍的“居民旅客”比拟,“定居旅客”更便于将本人或家庭在境内居留期间需要的日常生活用品携运进境。

How are children of PR holders treated in school?

持“绿卡”人员子女上学有何待遇?

Article 8 of the Measures stipulates that "children who have moved with them to the compulsory education stage may, if they meet the conditions, enjoy the relevant policies, and the education administration department of their place of residence shall handle the admission and transfer procedures in accordance with the principle of enrollment in the nearest school, without charging fees other than those stipulated by the State". This is the first time that the children of PR holders can receive compulsory education in their place of residence and enjoy the treatment of local residents. Since the admission requirements for foreign students at the tertiary level in China are more applicable to the children of foreign talents, the current policy is still in force.

《办法》第八条规定,“随迁子女义务教导阶段进学,契合前提的,可享受相关政策,由其栖身地教导行政部分根据就近进学的原则打点进、转学手续,不收取国度规定以外的费用”。初次在国度层面明白了持“绿卡”人员的子女可在栖身地承受义务教导,享受当地居民待遇。鉴于我国高档教导阶段针对外国粹生的进学要求更适用于外籍人才子女,故仍按现行政策施行。

How can PR holders participate in social security?

持“绿卡”人员若何参与社保?

Article 9 of the Measures states that "Foreigners may use their Permanent Residence Permit as a valid identity document for the purpose of participating in social insurance procedures. If they are employed in China, they can participate in social insurance in accordance with the relevant provisions of the Social Insurance Law of the People's Republic of China; if they reside in China but are not employed, and if they meet the regulations of the co-ordinated region, they can participate in basic medical insurance for urban residents and social pension insurance for urban residents with reference to urban residents in China, and enjoy social insurance benefits. The social insurance agencies shall simplify the process and provide convenience in accordance with the relevant regulations for the transfer and termination of social insurance relations". Firstly, this article makes it clear that the PR can be used as a valid identity document to apply for insurance; secondly, as China's Social Security Law and its implementing regulations have included foreigners employed in China into the social security system in China, it is clear that the procedures are in accordance with the existing regulations; thirdly, it reflects the principle of "national treatment Thirdly, it reflects the principle of "national treatment" and clarifies that PR holders who live in China but are not employed can also participate in China's basic medical care for urban residents and social pension insurance for urban residents and enjoy social insurance treatment if they meet the relevant requirements; fourthly, it reflects the principle of "preferential treatment Fourthly, the principle of "preferential treatment" is reflected, and it is made clear that PR holders are provided with convenient procedures.

《办法》第九条规定,“能够《外国人永久居留证》做为有效身份证件打点参与社会保险各项手续。在中国境内就业的,根据《中华人民共和国社会保险法》有关规定参与各项社会保险;在中国境内栖身但未就业,且契合统筹地域规定的,可参照国内城镇居民参与城镇居民根本医疗保险和城镇居民社会养老保险,享受社会保险待遇。打点社会保险关系转移接续、末行等手续,社会保险经办机构根据有关规定简化流程、供给便利”。此条一是明白能够“绿卡”做为有效身份凭证打点参保手续;二是因为我国《社保法》及施行细则已将在境内就业的外国人纳进我国社保系统,故明白根据现行规定打点;三是表现“国民待遇”原则,明白在境内栖身而未就业的“绿卡”持有者,契合相关要求的,也能够参与我国城镇居民根本医疗和城镇居民社会养老保险,享受社会保险待遇;四是表现“优待”原则,明白对“绿卡”持有人打点手续供给便利。

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