Measures of Tianjin Municipality on the Implementation of the Law of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese

· Document Number：Announcement No. 45 of the Standing Committee of the People's Congress of Tianjin Municipality

· Area of Law： Overseas Chinese Affairs

· Level of Authority： Provincial Local Regulations

· Date issued：09-11-2012

· Status： Effective

· Issuing Authority： Tianjin Municipality

Announcement of the Standing Committee of the People's Congress of Tianjin Municipality
(No. 45)
Measures of Tianjin Municipality on the Implementation of the Law of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese, as amended and adopted at the 35th Session of the Standing Committee of the Fifteenth People's Congress of Tianjin Municipality on September 11, 2012, are hereby issued and shall come into force on November 1, 2012.
Standing Committee of the People's Congress of Tianjin Municipality
September 11, 2012
Measures of Tianjin Municipality on the Implementation of the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese
(Adopted at the 12th Session of the Standing Committee of the Twelfth People's Congress of Tianjin Municipality on November 30, 1994, and amended and adopted at the 35th Session of the Standing Committee of the Fifteenth People's Congress of Tianjin Municipality on September 11, 2012)
Article 1 With a view to protecting the legitimate rights and interests of returned overseas Chinese and the family members of overseas Chinese, these Measures are formulated in accordance with the Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese and relevant laws and regulations, and in the light of the actual circumstances of this Municipality.
Article 2 The municipal and district/county people's governments shall attach great importance to and strengthen the work of protecting the legitimate rights and interests of returned overseas Chinese and the family members of overseas Chinese.
The agencies in charge of overseas Chinese affairs under the municipal and district/county people's government shall organize, coordinate and guide relevant departments and social organizations to effectively conduct the work of protecting the legitimate rights and interests of returned overseas Chinese and the family members of overseas Chinese, and shall organize the supervision and inspection on the implementation of the laws and regulations on protecting the rights and interests of returned overseas Chinese and the family members of overseas Chinese within their own administrative regions.
Relevant departments of the municipal and district/county people's governments shall effectively conduct the work of protecting the legitimate rights and interests of returned overseas Chinese and the family members of overseas Chinese within the scope of their respective duties and functions.
Article 3 Returned overseas Chinese refer to the overseas Chinese who have returned to China for permanent residence. Overseas Chinese refer to the Chinese citizens who have permanent residency abroad.
Family members of overseas Chinese refer to the family members of overseas Chinese and returned overseas Chinese residing in China.
The family members of overseas Chinese as mentioned in these Measures include the spouses, parents, children and their spouses, brothers and sisters, grandparents on the father's side, grandparents on the mother's side, grandchildren of overseas Chinese and returned overseas Chinese, and other relatives who have supported or been supported by overseas Chinese or returned overseas Chinese for more than five years.
After overseas Chinese or returned overseas Chinese are dead or the status of overseas Chinese is changed, their family members residing in China shall remain with the formerly determined status as the family members of overseas Chinese.
For those who dissolve the marriage with overseas Chinese, returned overseas Chinese or their children, or those who sever the relations of support and assistance with overseas Chinese or returned overseas Chinese, their formerly determined status as the family members of overseas Chinese shall be deprived.
Article 4 The status of a returned overseas Chinese shall, upon his/her personal application, be subject to verification and determination by the agency in charge of overseas Chinese affairs under the people's government of this Municipality; and the status of the family member of a returned overseas Chinese shall, upon his/her personal application, be subject to verification and determination by the agency in charge of overseas Chinese affairs under the district/county people's government where his/her permanent residence is located.
Where a relative who maintains a relationship of support for more than five years with an overseas Chinese or a returned overseas Chinese applies for determining his/her status as a family member of overseas Chinese, he/she shall provide the certification on the relationship of support for more than five years and the ongoing support relationship as issued by a notary public.
Article 5 For the overseas Chinese approved to return to and reside in this Municipality, arrangements shall be made in accordance with the relevant provisions of the State.
All types of talented overseas Chinese who have completed their specialized studies abroad shall be encouraged to work in this Municipality, and relevant departments shall actively serve them in accordance with relevant provisions. Where any overseas Chinese who has mastered the professional skills urgently needed by this Municipality requests for residing in this Municipality, relevant departments shall accept the request in a timely manner, and provide relevant priority services in accordance with relevant provisions.
Article 6 Where returned overseas Chinese, children of returned overseas Chinese, or children of overseas Chinese have their permanent residence registered in this Municipality, and their spouses whose permanent residence registered in other provinces/cities apply for having permanent residence registered in this Municipality, the public security organs shall give priority to acceptance of the said applications in accordance with relevant policies on registered permanent residence.
Article 7 The Federations of Returned Overseas Chinese at various levels in this Municipality shall carry out activities in accordance with their constitutions, make known the reasonable needs of returned overseas Chinese and family members of overseas Chinese, and protect their legitimate rights and interests.
The social groups founded by overseas Chinese and family members of overseas Chinese in accordance with law and the legal social activities they conduct shall be supported and protected by the people's governments of this Municipality at all levels.
The legal property owned by social groups formed by returned overseas Chinese and family members of overseas Chinese in accordance with law may not be infringed upon or damaged by any organization or individual.
Article 8 The People's Congress of Tianjin Municipality and the people's congress of a district/county where there are a comparatively large number of returned overseas Chinese and family members of overseas Chinese shall have a proper quantity of representatives from returned overseas Chinese and family members of overseas Chinese.
Article 9 This Municipality shall encourage and guide returned overseas Chinese, family members of overseas Chinese and their relatives and friends living abroad as well as the social groups established according to law by returned overseas Chinese and family members of overseas Chinese to take advantage of their own advantages to invest in and establish industrial enterprises, especially the high and new tech enterprises, and their lawful rights and interests shall be protected by law. The enterprises founded by returned overseas Chinese and family members of overseas Chinese enterprises shall enjoy relevant preferential treatments in accordance with the relevant provisions of the State and this Municipality. Where the returned overseas Chinese, family members of overseas Chinese and their relatives and friends living abroad transfer or license their intellectual property rights to be used by the enterprises or public institutions in this Municipality, they can get royalties for the transfer and licensing in accordance with the relevant provisions of the State and this Municipality.
Article 10 The people's governments of this Municipality at all levels shall guarantee according to law the basic living conditions of the returned overseas Chinese and family members of overseas Chinese who have lost their ability to work and have no source of income or who really have difficulties in making ends meet; shall include the returned overseas Chinese and family members of overseas Chinese meeting this Municipality's basic life support standards for urban residents into the coverage of local urban and rural basic life support; and shall give aid and assistance to returned overseas Chinese and family members of overseas Chinese who have lost their ability to work and have no source of income or who really have difficulties in making ends meet. The people's governments at all levels shall be concerned about the life of early returned overseas Chinese, grant the retired early returned overseas Chinese of government organs, enterprises and public institutions the living allowances in accordance with the relevant provisions of this Municipality, and give appropriate subsidies for the early returned overseas Chinese who really have difficulties in making ends meet in accordance with the relevant provisions of this Municipality. The scope of the early returned overseas Chinese enjoying living allowances and subsidies shall be determined by relevant provisions of Tianjin Municipality. People's governments at all levels and their relevant departments shall provide the returned overseas Chinese and the family members of overseas Chinese with necessary guidance and services in terms of vocational training, job introduction, employment and hiring and etc. to help them obtain employment.
The returned overseas Chinese and the family members of overseas Chinese who are employed, as well as their employers shall participate in social security insurance according to law, timely pay social security insurance premiums, and enjoy the corresponding social security insurance benefits in accordance with law.
Article 11 Where the relatives or friends living abroad of returned overseas Chinese and family members of overseas Chinese donate their property to this Municipality, the agencies in charge of overseas Chinese affairs under the municipal and district/county people's governments shall, upon the requests of the donators, assist in the handling of relevant entry/exit formalities, provide assistance to donators in carrying out donation projects, and supervise the usage and administration of the donated property in accordance with law.
Donees shall use and administrate the donated property in accordance with law, and, in accordance with relevant provisions of this Municipality, submit the measures for the usage and administration of donated property to the agencies in charge of overseas Chinese affairs under the municipal and district/county people's governments for record filing.
To alter the usage of the donated property, the donee shall obtain the donor's consent.
Article 12 The public welfare undertakings initiated by the returned overseas Chinese and the family members of overseas Chinese in this Municipality shall be supported by the people's governments at all levels and relevant departments of this Municipality, and their legitimate rights and interests shall be under the protection of law.
Returned overseas Chinese and family members of overseas Chinese's willingness to initiate public welfare undertakings shall be respected, and the purposes and names of such undertakings may not be changed arbitrarily without the permission of returned overseas Chinese or family members of overseas Chinese themselves.
Article 13 Returned overseas Chinese and family members of overseas Chinese have the right to possess, use, make profits from, and dispose of their private houses in this Municipality according to law, and no organization or individual may infringe upon their houses.
The problems, left over by history, with private houses of returned overseas Chinese and family members of overseas Chinese shall be appropriately handled in accordance with relevant provisions of the State and this Municipality.
After the returned overseas Chinese who have retired with honors, retired or resigned leave the country for residing abroad, if their spouses and their lineal relatives who live with them comply with the administrative provisions for the renting of public houses, the public houses originally rented can be used continuously, with the rentals paid according to the local unified standards on the house rents.
Article 14 For expropriation and requisition or use of the houses of returned overseas Chinese and family members of overseas Chinese in accordance with law, relocation and compensation shall be made in accordance with the relevant provisions of the State and this Municipality.
Article 15 The children of overseas Chinese applying for admission to the compulsory schools in this Municipality shall, upon the strength of the enrollment certification and other materials issued by the agencies in charge of the overseas Chinese affairs under the district/county people's governments in the localities of their guardians' registered permanent residence, handle the enrollment formalities. All relevant departments shall enroll the said children the same as the local residents' children.
When students who are returned overseas Chinese, children of returned overseas Chinese and children of overseas Chinese living in China apply for admission to a variety of non-compulsory schools run by the State, the education department and other relevant departments shall grant them proper preferences in accordance with relevant provisions of the State and this Municipality.
Article 16 The money of overseas Chinese remittance to a returned overseas Chinese or a family member of overseas Chinese shall be under the protection of law. Banks handling overseas Chinese remittance shall promptly pay overseas Chinese remittance. The remittance shall not be seized, delayed in payment, forcibly borrowed or lent, or illegally frozen or confiscated by any organization or individual.
Article 17 Where a returned overseas Chinese or a family member of overseas Chinese needs to go abroad to dispose of property or to accept inheritance, bequest and gift, the agency in charge of overseas Chinese affairs under the municipal and district/county people's government and relevant departments may give necessary assistance upon his/her request.
Article 18 Where a returned overseas Chinese or a family member of an overseas Chinese is in urgent need of leaving the country due to critical illness or death of his/her lineal relative outside China or disposal of his/her property or other special circumstances, the exit-entry administrative agency of the public security organ shall offer convenience and give priority to him (her) upon the strength of the valid proofs provided by the applicant.
Article 19 When a returned overseas Chinese or a family member of overseas Chinese who is employed goes abroad to visit his/her parent(s) or spouse, or a returned overseas Chinese who is employed goes abroad to visit his/her brother or sister after both his/her parents are dead, the treatment concerning family visits shall be governed by relevant provisions of the State and this Municipality.
Article 20 A returned overseas Chinese or a family member of overseas Chinese, who left his/her post as a veteran cadre, retired or quitted his/her post and is approved to reside abroad permanently, may enjoy the same corresponding benefits as prescribed by the State; where he/she is dead abroad, upon the strength of effective certificate, his/her funeral expenses and the pensions supporting his/her lineal relatives or relief funds shall be treated the same as those for employees or workers in this Municipality.
After a returned overseas Chinese or a family member of overseas Chinese, who left his/her post as a veteran cadre, retired or quitted his/her post and still enjoys the post-employment benefits in line with the State's provisions, resides abroad permanently, he/she shall annually provide his/her former employer or the social insurance handling agency that pays his/her pension with a living proof as issued by Chinese diplomatic (consular) agency located in the country where he/she resides or the notary public of that country.
Article 21 A returned overseas Chinese or a family member of overseas Chinese whose legitimate rights and interests are infringed upon shall have the right to request competent departments to handle the matter according to law, and competent departments shall handle it or give a reply within the statutory time limit. The returned overseas Chinese or the family member of overseas Chinese may also bring a lawsuit to the people's court.
With regard to returned overseas Chinese or family members of overseas Chinese who need legal aid because of financial difficulty, legal aid institutions shall provide them with legal aid in accordance with the relevant provisions of the State and this Municipality. Federation of Returned Overseas Chinese at all levels in this Municipality shall give them help and support.
Article 22 Where any officer of a state organ abuses his/her power, neglects his/her duties, or commits illegalities for personal gains or by fraudulent means, thus causing damage to the legitimate rights and interests of returned overseas Chinese or family members of overseas Chinese, his/her employer or the competent authority at a higher level shall order him/her to make correction or give him/her punishment in accordance with law; if the wrongful acts constitute crime, the wrongdoers shall be prosecuted for criminal liability in accordance with law.
Article 23 Where, in violation of these Measures, the houses privately owned by returned overseas Chinese or family members of overseas Chinese are illegally encroached upon, the relevant competent authorities shall order to return the houses; if any losses are incurred, the liable persons shall assume the liability for compensation in accordance with law.
Article 24 If any entity ceases to pay, deducts, takes away or misappropriates the pensions for veteran cadres, retirement pensions, retirement allowance and survivor's pensions, relevant entities or competent departments shall order it to make up payments and make compensation in accordance with law; the directly liable persons-in-charge and other directly liable persons shall be subject to sanctions in accordance with law; if a crime is constituted, criminal liabilities shall be given according to law.
Article 25 The protection of the legitimate rights and interests of the overseas Chinese working and residing in this Municipality shall be subject to these Measures by analogy.
Article 26 These Provisions shall come into force as of November 1, 2012.