Inthe Measures for the Relevant Treatment of Foreigners' PermanentResidence 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 rightsand undertake the same obligations as Chinese citizens, except forthe specific rights and obligations that they cannot enjoy under theprovisions 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利和法律法规规定不可享有的特定权利和义务外,原则上和中国公民享有相同权利,承担相同义务。
Whatis the convenience of entry and exit for people with PR?
持“绿卡”人员出入境有何便利?
Article2 of the Measures stipulates that "there is no restriction ontheir period of stay in China, and they may enter and leave thecountry with a valid passport and a Permanent Residence Permit forForeigners, without the need for additional procedures such as visas;their spouses and immediate family members may apply for thecorresponding visas, residence permits or Permanent Residence Permitsfor Foreigners in accordance with the relevant regulations".Article 3 of the Measures stipulates that "articles for personaluse entering or leaving the country shall be processed in accordancewith the relevant customs regulations for settled passengers".According to the Measures of the Customs of the People's Republic ofChina for the Supervision of Luggage and Articles of PassengersEntering and Leaving the Country (Order No. 9 of the GeneralAdministration of Customs), a "settled passenger" is apassenger who has obtained a certificate or approval document issuedby the competent authorities of the People's Republic of China forentering or leaving the country for settlement and has moved to thecountry or abroad. Therefore, a foreigner who has obtained a Chinese"green card" and settled in China is a "settledpassenger". Compared to the Chinese "resident visitor",a "settled visitor" is more likely to bring in dailynecessities that he or she or his or her family needs during his orher stay in China.
《办法》第二条规定,“在中国居留期限不受限制,可以凭有效护照和《外国人永久居留证》出入中国国境,无需另外办理签证等手续;其配偶及直系亲属,可按有关规定申请办理相应签证、居留证件或《外国人永久居留证》”。《办法》第三条规定,“进出境自用物品按照海关对定居旅客的有关规定办理手续”。按照《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”是指取得中华人民共和国主管部门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。因此取得中国“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”相比,“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入境。
Howare children of PR holders treated in school?
持“绿卡”人员子女上学有何待遇?
Article8 of the Measures stipulates that "children who have moved withthem to the compulsory education stage may, if they meet theconditions, enjoy the relevant policies, and the educationadministration department of their place of residence shall handlethe admission and transfer procedures in accordance with theprinciple of enrollment in the nearest school, without charging feesother than those stipulated by the State". This is the firsttime that the children of PR holders can receive compulsory educationin their place of residence and enjoy the treatment of localresidents. Since the admission requirements for foreign students atthe tertiary level in China are more applicable to the children offoreign talents, the current policy is still in force.
《办法》第八条规定,“随迁子女义务教育阶段入学,符合条件的,可享受相关政策,由其居住地教育行政部门按照就近入学的原则办理入、转学手续,不收取国家规定以外的费用”。首次在国家层面明确了持“绿卡”人员的子女可在居住地接受义务教育,享受本地居民待遇。鉴于我国高等教育阶段针对外国学生的入学要求更适用于外籍人才子女,故仍按现行政策执行。
Howcan PR holders participate in social security?
持“绿卡”人员如何参加社保?
Article9 of the Measures states that "Foreigners may use theirPermanent Residence Permit as a valid identity document for thepurpose of participating in social insurance procedures. If they areemployed in China, they can participate in social insurance inaccordance with the relevant provisions of the Social Insurance Lawof the People's Republic of China; if they reside in China but arenot employed, and if they meet the regulations of the co-ordinatedregion, they can participate in basic medical insurance for urbanresidents and social pension insurance for urban residents withreference to urban residents in China, and enjoy social insurancebenefits. The social insurance agencies shall simplify the processand provide convenience in accordance with the relevant regulationsfor the transfer and termination of social insurance relations".Firstly, this article makes it clear that the PR can be used as avalid identity document to apply for insurance; secondly, as China'sSocial Security Law and its implementing regulations have includedforeigners employed in China into the social security system inChina, it is clear that the procedures are in accordance with theexisting regulations; thirdly, it reflects the principle of "nationaltreatment Thirdly, it reflects the principle of "nationaltreatment" and clarifies that PR holders who live in China butare not employed can also participate in China's basic medical carefor urban residents and social pension insurance for urban residentsand enjoy social insurance treatment if they meet the relevantrequirements; fourthly, it reflects the principle of "preferentialtreatment Fourthly, the principle of "preferential treatment"is reflected, and it is made clear that PR holders are provided withconvenient procedures.
《办法》第九条规定,“可以《外国人永久居留证》作为有效身份证件办理参加社会保险各项手续。在中国境内就业的,按照《中华人民共和国社会保险法》有关规定参加各项社会保险;在中国境内居住但未就业,且符合统筹地区规定的,可参照国内城镇居民参加城镇居民基本医疗保险和城镇居民社会养老保险,享受社会保险待遇。办理社会保险关系转移接续、终止等手续,社会保险经办机构按照有关规定简化流程、提供方便”。此条一是明确可以“绿卡”作为有效身份凭证办理参保手续;二是由于我国《社保法》及实施细则已将在境内就业的外国人纳入我国社保体系,故明确按照现行规定办理;三是体现“国民待遇”原则,明确在境内居住而未就业的“绿卡”持有者,符合相关要求的,也可以参加我国城镇居民基本医疗和城镇居民社会养老保险,享受社会保险待遇;四是体现“优待”原则,明确对“绿卡”持有人办理手续提供方便。