1. About Application

(1). Basic Items

A. Abidance by law means no unsettled crime cases and under situations that being investigated by responsibility for administrative malfeasances but untreated; no criminal record in China; no other illegal acts of aggravating circumstances or vile nature on application.

B. Physical health refers to those with no mental disorders, AIDS, venereal diseases and contagious tuberculosis etc. such national legal infectious diseases and self-care ability; those who suffer from other illnesses without self-care ability but with no increase on social obligations on application.

C. No criminal record means the applicant has no criminal record in both the major overseas living place and China. The major overseas living place refers to where the applicant lives for at least 2 years consecutively. The no criminal record during the time of stay (inhabitation) should be ratified by an administrative authority. If the applicant has stayed (inhabited) in several places for over a year, the administrative authority should contact with relevant Public Security organizations for ratification.

(2). Classification Items

A. The Article 6.1.1 and Article 7 of the Administrative Regulations says that “direct investment” means foreign investors set up foreign invested enterprises in China or they together with Chinese investors have cooperation on oil exploration and development, etc. The investments can be made by cash, such as RMB and dollar, etc. or technology, patent and equipment, etc., not including deals and business transactions of houses, stocks, bonds, etc.

“Actual paid registered capitals” is actual paid-up capitals.

“Three consecutive years of stable investment situations” means the actual registered capital on investments that the applicant has actually paid for three consecutive years at the time of application or before the date of the application should not below the standard as required. 

“Total investments” refers to the total investments made by the investor in different places.

“West area” refers to Inner Mongolia, Guangxi, Sichuan, Chongqing, Guizhou, Yunnan, Shanxi, Gansu, Qinghai, Ningxia, Xinjiang, Tibet and areas approved by the State Council benefited from west regional policies.

“Middle area” refers to Beijing, Tianjin, Hebei, Liaoning, Shanghai, Jiangsu, Zhejiang, Fujian, Shandong, Guangdong and Hainan.

“Key counties under the national Aid-the-Poor Development” means 592 key counties identified by the State Council and all areas of Tibet Autonomous Region.

Those who make investments on areas or industries as required in the national Catalogue on Foreign Invested Advantageous Industries in Middle and West Areas enjoy all policies of encouraged projects in the Catalogue on Foreign Invested Industries Guide. The application conditions and materials are the same as those of encouraged projects in the Catalogue on Foreign Invested Industries Guide.

“Good history of tax payment” refers to all required taxes have been paid in accordance with relevant laws in China, including individual income tax, urban real estate tax, vehicle and vessel license and plate tax, stamp tax and tax on contract, etc.

B. About Staff Members (Article 6.1.2 and Article 8)

These people should have qualifications of employment units, posts (professional titles), and tenure of stay or residence, etc. when they make applications and during four executive years before the application date. If the information mentioned above has changed during the time, it should be in accordance with relevant items.

“Departments of State Council or Subordinate Units of People’s Governments at provincial level” refer to scientific research organizations affiliated to State Council or People’s Governments at provincial level or government-sponsored institutions of administrative function.

“Key institutions of higher learning” “Key institutions of higher education” are those of “211” Education Project and of first-block enrollment in National Entrance Examination of Province, Municipality, Autonomous Region.

“Enterprises and institutions carrying out national key engineering projects or major research projects” are those have contracts with state organs of the Communist Party of China (CPC) or with people's governments of provinces and take principal work tasks in these contracts.

C. About people with significant and special contributions to China and specially needed by China. (Article 6.1.3)

Those people are generally called special personnel and they refer to world top specialists, talented people with special techniques and celebrities who have made great and significant contributions to national economic development and society or are of great value to the nation, including world famous winners of science prizes, world well-known scholars, entrepreneurs, sportsmen and people in the field of literature and art, etc.

D. About Spouses or common-law partners as well as unmarried children under 18 years old of investors, staff members and special personnel. (Article 6.1.4)
When they make applications at the same time, the examining and approving organ should regard the approval of the investors, staff members and special personnel as a prerequisite for their spouses or common-law partners as well as unmarried children under 18 years old.

E. About foreign spouses and common-law partners (Article 6.1.5)

The applicant should be still in a relationship of marriage. The applicant’s residence time in China before the application, such as short-time stay, time of studying or remaining in office, can be counted into the limit of stay as required.

F. About foreign children (Article 6.1.6)

At least one of the parents of the applicant is a Chinese citizen or a foreigner with qualification of permanent residence in China.

G. About foreign relatives (Article 6.1.7)

The applicant should reach the age of 60 years old and meanwhile meet conditions as required for 5 years consecutively before the application date. The applicant’s residence time in China before the application, such as short-time stay, time of studying or remaining in office, can be counted into the limit of stay as required.

H. The “Unmarried children under 18 years old” in the Article are those who are accepted by laws in China of the father (mother)-children relationship and of guardianship with the one, including one’s own children, step children and adopted children, etc. “Chinese citizen” in the Article and Implementation are those who have registered permanent residence in China. The age mentioned in the Article is the actual age according to the Gregorian calendar when the acceptance organ deals with the application.

2. Entrusted application

The applicant who applies for permanent residence in China should make the application by oneself to the Department of Public Security or entrust it to relatives, corporate institutions, such as state organs, law firms, etc. (They are generally called “entrusted party”.) Applicants unmarried and under 18 years old should entrust the application procedure to their parents and their parents can delegate the application to the above mentioned people or institutions.

Those who entrust the application to state organs or relevant corporate institutions should have a letter of authorization written by the applicant oneself or by the parents of unmarried children under 18 years old. The letter of authorization should note the basic information about the applicant and the entrusted party and items entrusted, etc. The undertaker should have a letter of authorization from the entrusted party. Those who delegate the application to relatives should note the relationship and entrusted reasons, etc.

3. About Materials

(1). In the Article 9.2, the “Health Certificate” is a legal and valid one as required and the health check should be done six months before the application.

(2). In the Article 10 and 11, the “Annual Joint Surveillance Proof” is jointly issued by departments of Foreign Trade and Economic, Commerce and Industry, Tax, Customs and Foreign Exchanges, etc. The “Annual Surveillance Proof” is for the registration proofs of enterprises or administrative institutions not including foreign invested enterprises awarded by relevant authorities.

(3). In the Article 10 and 11, the “Certificates of Tax paid by Individual” refers to overall certificates of tax paid of the applicant within the time limit as required.

(4). In the Article 14 and 16, the “Certificate of Living Standard Security” or “Certificate of Source of Income” means disposable property with at least 10-year the amount on deposit according to the standard of minimum amount of subsistence allowances every month at the site of the acceptance authority or certificates of income source 5 years after the application accepted and the income should be above the standard mentioned before. Applicants who can not meet the economic standard mentioned above should provide certificates of financial security of their relatives.

(5). In the Article 13 and 15, the “birth certificate or the certificate of parent-child relationship” means certificates which can prove that the applicant has a legal parent-child relationship by Chinese laws. If the birth certificate can fully verify the relationship, the certificate of parent-child relationship is unnecessary; if the birth certificate cannot fully verify the relationship, certificates with statutory validity have to be provided, such as the written appraisal of parent-child relationship issued by the department of Public Security and judicial authorities, household register of Chinese citizen, etc. Applicants with relationship of the adoption and legal custody made in China according to Chinese Laws should present the certificate issued by provincial Civil Affairs Administrations; applicant with relationship of the adoption and legal custody made in foreign countries according to foreign laws should present the certificate issued by foreign relevant organizations and approved by consulates or diplomatic missions for China at foreign countries; applicant with relationship of the adoption and legal custody made in Hong Kong Special Administrative Region should present the certificate issued by notary public authorized by China (Hong Kong); applicant with relationship of the adoption and legal custody made in Macau Special Administrative Region should present the certificate issued by notary public of Macau Special Administrative Region; applicant with relationship of the adoption and legal custody made in Taiwan should present the certificate issued by notary public of Taiwan.

(6). In the Article 10, the “report on the verification of capital” means certificate issued by governmental accounting department or relevant institutions which can verify the actual paid amount of registered capital of the applicant.

(7). In the Article 12, the “recommendation letters or relevant certificates” means recommendation letters issued by administrative ministries, commissions and bureaus affiliated with the State Council; certificates of residence in China issued by administrative departments of China; certificates of rewards and certificates of scientific research achievements that are of world influence or great value.

Acceptance and authorization organs decide relevant testimonials for the applicant according to different Ministries of Civil Affairs of the applicant.

(8). In the Article, “unmarried children under 18 years old”, and people who reissue and change certificates (Article 6.1.3) do not need to provide health certificates and certificates of no criminal conviction.

(9). For approval of certificates issued by countries who have not established diplomatic relations with China, certificates should be certified by relevant Chinese organizations in the country granted consular function to some extend by Ministry of Foreign Affairs or consulates or diplomatic missions of China at neighbor countries which are in charge of the consular affairs in the country.

4. About acceptance organs

For aliens making investments in China who apply for permanent residence in China, the acceptance organ is the department of Public Security in the place where has most amount of investment of the applicant. For those who work in China, the acceptance organ is the department of Public Security in the place where is the applicant’s permanent residence; for those who have different living place and working place, the acceptance organ can be the department of Public Security in the place where the applicant’s working unit locates. For special personnel, the acceptance organ is the department of Public Security in the quasi place of permanent residence of the applicant; for spouses and common law partners or children and relatives of the above people, the acceptance organ is the department of Public Security in the place of registered permanent residence of relevant Chinese citizens or of permanent residence of foreigners who have the qualification of permanent residence in China.

As for those who apply for changing or reissuing certificates, the acceptance organ is the original one principally, but for those whose permanent residence has been changed, the acceptance organ can be the department of Public Security in the current place of residence. 

5. About entry and exit and inhabitation administration

Those who are approved for permanent residence in China have freedom to choose life, work and working units within the range of laws. Procedures for approval, amendment or migration as well as activating and checking certificates periodically are unnecessary. However, according to “Entry and Exit Administration Article for Aliens in People’s Republic of China” and its implementation regulations, those who declare residence registration and establishment of public places or residence have to take along certificates of permanent residence. Those who go traveling in areas closed to aliens should apply for a travel permit. Those who violate regulations will be dealt with according to law. The “Alien’s Permanent Residence Certificate” can be used as an identification certificate to register accommodation, process the travel permit in areas closed to aliens and the driving license, etc.

6. About disqualification of permanent residence

When aliens who have the approval of permanent residence in China have one of the four situations in the Article 24 and the Ministry of Public Security have decided to cancel the qualification of permanent residence, the department of Public Security will confiscate the certificate of permanent residence or declare the certificate invalid.

When aliens who have the approval of permanent residence in China cannot stay in China for 3 months accumulatively within one year according to actual needs, they should submit application to the acceptance organ in the place of permanent residence and the acceptance organ reports it to the auditing organ for approval.