The Ministry of Public Security announced the formal
implementation of The Supervisory Laws Governing the Examination
and Approval of Foreigners being Granted the Right to Permanent
Residence in the PRC (thankfully abbreviated as Supervisory Laws)
on August 15, 2004.
This major move on the part of the government has put the wheels
into motion for giving foreigners a green card to live in the
PRC.
A number of people may have been granted Chinese green cards as
an honour. But this decision has actually established a system to
bring convenience to foreign expats who want to become a bona fide
Chinese resident.
Shanghai, Beijing, Guangzhou, Changsha and Wuhan have all begun
granting Chinese green cards to foreigners.
Benefits of the Chinese green card
Recently Xiang Yang, a lawyer with the Beijing Zhongfu Law Firm,
explained the benefits of Chinese green card.
Long validity
Foreigners without a Chinese green card need to renew their
resident permit once a year. There are also limitations over the
time duration and location they can stay within the PRC. In
comparison, a Chinese green card for foreigners below 18 years of
age is valid for five years and for those above 18, it is valid for
10 years. Because the Ministry of Public Security issues the card,
it is valid throughout China.
Easy entry and exit
With a passport and Chinese green card one can go in and out of
China freely. So a green card saves the time and expenses needed to
get a visa and work on the passport each time you travel through
customs. A Chinese green card can also be used separately as a
legal certificate to stay in Beijing.
Employment
Foreign expats without resident permits and who come to study in
schools are not allowed by law to work in China without approval.
But there is no regulation limiting foreigners with Chinese green
cards about employment. That means foreign expats with a Chinese
green card should be allowed to work and treated according to all
Chinese labour laws.
Rent
Foreign expats with a Chinese green card have the same rights in
civil and commercial affairs as Chinese citizens. They can rent or
lease houses without examination or approval from the public
security bureau.
The following are some examples of the advantages of a working
and residing licence in Beijing:
Children's education
Expats with a Chinese green card have the same rights and
responsibilities (apart from the right to elect, be elected and
serve military service) as Chinese citizens of the city they live
in. So, if in Beijing, their children can go to kindergarten,
primary and high schools without extra fees
Buying a home
With a green card, one can buy commercial housing or even
economic-class houses in the city they reside in, if they meet the
requirement.
Driver's licence
With a green card, one can apply for a driving licence, a
temporary driving licence, or automobile registration.
Opening an enterprise
They can establish an enterprise in the city they live in, and
apply for scientific and technological project sustentation.
Professional status
They can join the city's talent cultivation projects and apply
for awards given to talents and experts. They can also take part in
professional qualification tests and registration.
Insurance
They are valid for basic retirement insurance, city workers'
basic medical insurance and can store money for housing in an
accumulation fund.
Investment
Foreign expats with a Chinese green card and without Chinese
nationality enjoy the same advantages as other foreigners in
China.
What you need to know
Organizations responsible for the acceptance of applications are
usually public security bureaus of cities, townships or
municipalities and are directly under the Central Government.
A Chinese green card is not equivalent to Chinese nationality.
Presently China does not recognize dual or multiple nationalities.
So if one wants to become a Chinese national, he would need to
cancel his original nationality status.
For many, requirement for a Chinese green card is not easy to
meet. Apart from spouses of Chinese people, their minors and
elderly family members, there is a rather high threshold for
investors, highly skilled individuals and special individuals who
made major contributions to the development of the PRC.
Those who obtain a Chinese green card should not stay in China
less than three months in a year or less than a year in five years.
Special causes will need approval from city level public security
bureaus.
Foreign expats with a Chinese green card will still need to
observe rules concerning travelling, temporary living in other
cities, and visiting areas closed to the public.
For further information or for a free copy of the "Chinese Green
Card Guide," call Xiang Yang at the Beijing Zhongfu Law Firm at
6329-3541.
Location: Beijing Commercial Guild Hall, Bldg 1
Yulinli, and You'anmenwai 1
(China Daily May 13, 2005)