(the State Council DecreeNo. 10) 4 10 was promulgated on June 23, 2004, and will take effect on July 1 2004)?
Article 1 These Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families. ?
Article 2 The identity of returned overseas Chinese and their relatives shall be examined and confirmed by the overseas Chinese affairs office of the local people's government at or above the county level where their permanent residence is located. ?
Relatives who have long-term support relations with overseas Chinese and returned overseas Chinese shall provide the support certificate issued by the notary office when applying for the identification of relatives. ?
Article 3 After the death of overseas Chinese and returned overseas Chinese, or after the status of overseas Chinese changes, the status of overseas Chinese relatives originally recognized by their domestic family members according to law remains unchanged. ?
If the marriage relationship with overseas Chinese, returned overseas Chinese and their children is dissolved according to law, or the dependency relationship with overseas Chinese and returned overseas Chinese is dissolved, the status of relatives of overseas Chinese originally recognized according to law will be lost. ?
Article 4 Local people's governments at or above the county level shall attach importance to and strengthen the protection of the legitimate rights and interests of returned overseas Chinese and their relatives. ?
The institutions responsible for overseas Chinese affairs of the people's governments at or above the county level shall organize and coordinate relevant departments to do a good job in protecting the legitimate rights and interests of returned overseas Chinese and their relatives, and organize supervision and inspection of the implementation of laws and regulations on the protection of the rights and interests of returned overseas Chinese and their relatives within their respective administrative areas. ?
The relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, do a good job in protecting the legitimate rights and interests of returned overseas Chinese and their relatives. ?
Article 5 Overseas Chinese who return to China to settle down shall issue a certificate of returning to China to settle down in accordance with the relevant state regulations on entry and exit management. ?
Article 6 Local people's governments and relevant departments shall resettle overseas Chinese who have returned to China in accordance with relevant state regulations. ?
Article 7 All-China Federation of Returned Overseas Chinese and local federations of Returned Overseas Chinese shall carry out activities in accordance with their articles of association to safeguard the legitimate rights and interests of returned overseas Chinese and their relatives. ?
Returned overseas Chinese and their relatives have the right to apply for the establishment of other social organizations according to law and carry out legal social activities suitable for the needs of returned overseas Chinese and their relatives. ?
The legitimate rights and interests of social organizations of returned overseas Chinese and their relatives and their lawful activities in accordance with the articles of association are protected by law; No organization or individual may occupy or destroy property owned according to law. ?
Article 8 The special funds allocated by the people's governments at all levels to enterprises such as farms and forest farms that resettle returned overseas Chinese shall be used for special purposes, and no organization or individual may misappropriate, withhold or divide them among themselves. ?
The local people's governments shall give support to farms, forest farms and other enterprises that resettle returned overseas Chinese. ?
Article 9 Land, forests, beaches, water surfaces and other resources used by enterprises such as farms and forest farms that resettle returned overseas Chinese shall enjoy the right to use according to law, and no organization or individual may occupy or destroy all their means of production, crops and products; If the state expropriates or expropriates land from farms and forest farms that resettle returned overseas Chinese according to law, it shall make compensation according to law. ?
Article 10 Schools and medical and health institutions established in the places where enterprises such as farms and forest farms where returned overseas Chinese are resettled shall be incorporated into the education and health planning of the local people's government and managed in a unified way. ?
Article 11 The State shall safeguard the social security rights and interests of returned overseas Chinese and their relatives according to law. Employers and returned overseas Chinese and their relatives shall participate in local social insurance and pay social insurance premiums according to law. Returned overseas Chinese and their relatives who participate in social insurance enjoy social insurance benefits according to law. ?
The local people's government should give relief to returned overseas Chinese and their relatives who have real difficulties in life and support their production and employment; Guarantee the basic livelihood of returned overseas Chinese and their relatives who have lost their ability to work and have no financial resources according to law. ?
Article 12 Returned overseas Chinese and their relatives shall invest in the development of barren hills, wasteland and beaches according to law, or engage in agriculture, forestry, animal husbandry and fishery production, and the relevant local people's governments shall give them support. ?
Thirteenth returned overseas Chinese and their relatives set up public welfare undertakings in China, the people's governments at all levels and their relevant departments shall give support, and their legitimate rights and interests shall be protected by law. ?
If the materials donated by returned overseas Chinese and their relatives and friends abroad are used for domestic public welfare undertakings, customs duties and import value-added tax shall be reduced or exempted according to law. ?
Returned overseas Chinese, relatives of overseas Chinese and overseas relatives and friends invest and set up enterprises in China, and if the donated property is used for public welfare undertakings, they shall enjoy preferential income tax according to law. ?
Returned overseas Chinese and their relatives donate property to China, and the overseas Chinese affairs office of the people's government at or above the county level can assist in handling the relevant entry procedures, assist donors in implementing donation projects, and supervise the use and management of donated property according to law. ?
Article 14 The state protects the ownership of private houses in China by returned overseas Chinese and their relatives according to law. Returned overseas Chinese and their relatives have the right to possess, use, benefit and dispose of their private houses according to law, and no organization or individual may infringe upon them. ?
Fifteenth rental of private houses of returned overseas Chinese and their relatives, the lessor and the lessee shall sign a lease contract, and register with the real estate management department where the house is located. When the lease contract is terminated, the lessee shall return the house to the lessor. ?
Article 16 Where private houses of returned overseas Chinese and their relatives are demolished according to law, the demolisher shall give monetary compensation or property right exchange in accordance with the provisions of the state on the management of house demolition. Demolition of private houses rented by returned overseas Chinese and their relatives in accordance with the rent standards stipulated by the government, the compensation and resettlement measures shall be formulated by the competent construction department of the State Council jointly with relevant departments. ?
Seventeenth children of overseas Chinese who return to China to study in schools that implement compulsory education shall go through the admission procedures according to the children of local residents; Returned overseas Chinese students, children of returned overseas Chinese and overseas Chinese children apply for non-compulsory education schools organized by the state, and education and other relevant departments shall take care of them in accordance with the relevant provisions of the state and the actual situation in the region. ?
Article 18 Remittances are the lawful income of returned overseas Chinese and their relatives, and their ownership is protected by law. No organization or individual may occupy, delay payment, forcibly borrow or illegally freeze or confiscate it. ?
Article 19 Returned overseas Chinese and their relatives need to go abroad to dispose of their property or accept inheritance, bequests or gifts. At the request of returned overseas Chinese and their relatives, the relevant departments and China's embassies (consulates) or other overseas institutions authorized by the Ministry of Foreign Affairs can provide necessary assistance. ?
Article 20 The freedom and privacy of correspondence of returned overseas Chinese and their relatives are protected by law, and no organization or individual may illegally open, conceal, destroy or steal the mail of returned overseas Chinese and their relatives. The postal department shall compensate the returned overseas Chinese and their relatives for the loss, damage or shortage of mail. ?
Twenty-first returned overseas Chinese and their relatives apply for leaving the country, and the relevant competent departments shall go through the formalities according to law within the prescribed time limit. ?
Returned overseas Chinese and their relatives are in urgent need of leaving the country because their immediate family members are seriously ill or die abroad, or because of handling overseas property, etc., the relevant competent departments shall give priority to handling them according to the valid documents provided by the applicant. ?
Twenty-second returned overseas Chinese and their relatives enjoy the treatment of visiting relatives abroad in accordance with the relevant provisions of the state. ?
Article 23 Returned overseas Chinese and their relatives who have retired in accordance with state regulations are allowed to leave the country and settle down, and the retirement benefits enjoyed in accordance with state regulations remain unchanged. The pension can be entrusted to others, but it is necessary to provide my survival certificate issued by the original work unit or the social insurance agency responsible for paying the pension, which is issued by the embassy (consulate) of China in the host country or the notary office of the host country. ?
Returned overseas Chinese and their relatives who have settled abroad and returned to China for medical treatment after retirement shall enjoy corresponding medical treatment in accordance with relevant local regulations. ?
Workers of returned overseas Chinese and their relatives who do not meet the retirement conditions stipulated by the state are allowed to leave the country to settle down, go through the formalities of resignation, dismissal and dissolution of labor relations in accordance with the relevant provisions of the state, enjoy one-time severance payment and related treatment in accordance with the relevant provisions of the state, and have already participated in basic old-age insurance and basic medical insurance, and the social insurance agency will settle the expenses belonging to them in one lump sum in accordance with the relevant provisions of the state, and terminate the relationship between basic old-age insurance and basic medical insurance. ?
Returned overseas Chinese and their relatives are allowed to leave the country to settle down, and those who participate in other social insurances other than those specified in the preceding paragraph before leaving the country shall enjoy corresponding social insurance benefits in accordance with relevant state regulations. ?
Article 24 Before the returned overseas Chinese and their relatives obtain the entry visa of the country (region), their work units or schools shall not dismiss, dismiss, terminate labor relations, stop paying wages or order them to drop out of school because of their application for leaving the country, and shall not collect deposit or mortgage. ?
Returned overseas Chinese and their relatives are allowed to leave the country to visit relatives in accordance with the relevant state regulations, and their jobs and rented public houses are kept during the approved holidays. ?
Twenty-fifth returned overseas Chinese and their relatives who leave the country to visit relatives or settle down can exchange foreign exchange according to regulations; Those who leave the country to settle down, the social insurance money and housing accumulation fund they receive can be converted into foreign exchange in accordance with regulations and remitted or taken abroad. ?
Twenty-sixth China embassies (consulates) should protect the legitimate rights and interests of returned overseas Chinese and their relatives in accordance with the international treaties or international practices concluded or acceded to by China. ?
Returned overseas Chinese and their relatives need to receive pensions, pensions, etc. In foreign countries, our embassies (consulates) abroad can provide necessary assistance according to their requirements. ?
Article 27 When the lawful rights and interests of returned overseas Chinese and their relatives are infringed upon, they have the right to request the relevant competent departments to deal with them according to law, or bring a lawsuit to the people's court. For returned overseas Chinese and their relatives who are in financial difficulties, local legal aid institutions shall provide them with legal aid according to law. Federation of Returned Overseas Chinese at all levels shall give support and help. ?
Article 28 Where an institution or personnel handling special funds for overseas Chinese affairs misappropriates, intercepts or privately divides the special funds for overseas Chinese affairs in violation of the provisions of these Measures, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions or disciplinary sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. The special funds for overseas Chinese affairs that have been misappropriated, withheld or privately divided shall be ordered by the competent department to recover them. ?
Article 29 If any functionary of a state organ abuses his power, neglects his duty, engages in malpractices for selfish ends and damages the legitimate rights and interests of returned overseas Chinese and their relatives, the directly responsible person in charge and other directly responsible personnel shall be given administrative or disciplinary sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. ?
Thirtieth these Measures shall come into force as of July 6, 2004+0. 1On July 9, 993, the Measures for the Implementation of the Law on the Protection of the Rights and Interests of Returned Overseas Chinese in People's Republic of China (PRC) promulgated by the State Council shall be abolished at the same time.
Measures for the implementation of "Protection of Rights and Interests of Returned Overseas Chinese in People's Republic of China (PRC)"
(Promulgated by DecreeNo. 1 18 of the State Council, People's Republic of China (PRC) on July 9, 1993, and effective as of the date of promulgation).
Article 1 These Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families.
Article 2 The identity of returned overseas Chinese and their relatives shall be verified and confirmed by the overseas Chinese affairs department of the local people's government at or above the county level where their household registration is located according to the certificate issued by their work units, sub-district offices or people's governments of townships, nationality townships and towns; When necessary, China's diplomatic missions, consular offices or returned overseas Chinese organizations can provide assistance.
Other relatives who have long-term support relations with overseas Chinese and returned overseas Chinese may be identified by the notary office after notarization of support.
Article 3 Overseas Chinese who wish to return to China to settle down shall apply to the diplomatic representative offices, consular offices or other foreign agencies authorized by the Ministry of Foreign Affairs in China, or apply to the public security organs of the city or county where they intend to reside, and the public security organs of provinces, autonomous regions and municipalities directly under the Central Government shall issue certificates of returning to China to settle down in accordance with relevant state regulations.
Article 4 Local people's governments and relevant departments shall, in accordance with the relevant provisions of the state, resettle overseas Chinese who have returned to China to settle down.
Article 5 The All-China Federation of Returned Overseas Chinese and its local organizations shall carry out activities in accordance with the articles of association to safeguard the legitimate rights and interests of returned overseas Chinese and their relatives.
Returned overseas Chinese and their relatives may organize other social organizations according to law to carry out legal activities suitable for the needs of returned overseas Chinese and their relatives.
The legitimate rights and interests of social organizations of returned overseas Chinese and their relatives and their lawful activities in accordance with their articles of association are protected by law; No organization or individual may occupy or destroy property owned according to law.
Article 6 The State shall take appropriate measures to support enterprises such as farms and forest farms that resettle returned overseas Chinese.
The special funds and materials allocated by the state to enterprises such as farms and forest farms for the resettlement of returned overseas Chinese shall be specially arranged by the local people's government and relevant departments for special purposes.
Article 7 State-owned land, forests, beaches, water surfaces and other natural resources used by enterprises such as farms and forest farms that resettle returned overseas Chinese shall enjoy the right to use according to law, and their legitimate rights and interests, the means of production they own, the crops they manage and the products they produce shall be protected by law, and no organization or individual may occupy or destroy them.
When there is a dispute over the ownership of land or other natural resources between enterprises such as farms and forest farms that resettle returned overseas Chinese and other organizations or individuals, the two parties to the dispute shall settle it through consultation; If negotiation fails, it shall be handled in accordance with relevant laws and regulations.
Article 8 Where enterprises such as farms and forest farms that resettle returned overseas Chinese set up schools and medical and health care institutions according to actual conditions, the local people's government shall give support and help in the provision and training of teachers and medical personnel. The state provides assistance in terms of equipment and funds.
Article 9 Returned overseas Chinese and their relatives may invest and set up industrial and commercial enterprises in various forms according to law, and their legitimate rights and interests shall be protected by law.
Returned overseas Chinese and their relatives invest in establishing industrial and commercial enterprises, investing in developing barren hills, wasteland and beaches, and engaging in agriculture, forestry, animal husbandry, sideline production and fishery production, and the local people's government shall give support.
Returned overseas Chinese and their relatives accept small-scale production tools donated by overseas relatives and friends directly used for industrial and agricultural production, processing and maintenance, as well as excellent seedlings, breeding animals, breeding birds and eggs approved for import, which shall be handled in accordance with relevant state regulations.
Tenth returned overseas Chinese and their relatives set up public welfare undertakings in China, the local people's government and relevant departments should give support, and their legitimate rights and interests are protected by law.
Returned overseas Chinese and their relatives who accept donations from overseas relatives and friends and use them directly for public welfare undertakings shall apply for it by the organizations that hold public welfare undertakings and enjoy the treatment of tariff reduction or exemption with the approval of the relevant competent departments.
Article 11 The state protects the ownership of private houses in China by returned overseas Chinese and their relatives. Returned overseas Chinese and their relatives have the right to possess, use, dispose of and benefit from their private houses according to law, and no organization or individual may infringe upon them.
Twelfth rental of returned overseas Chinese and their relatives' private houses, the lessor and the lessee shall sign a lease contract, and register with the real estate management authority where the house is located. When the lease contract is terminated, the lessee shall return the house to the lessor.
Article 13 If land is requisitioned for national construction in accordance with the law and it is necessary to demolish the private houses of returned overseas Chinese and their relatives, the demolition unit must submit an application for demolition to the house demolition department of the local people's government at or above the county level with the approval documents, demolition plan and demolition plan stipulated by the state, and can only demolish the house after approval and obtaining the house demolition permit. The demolition unit shall give corresponding compensation and proper placement in accordance with the relevant provisions of the state.
Fourteenth returned overseas Chinese students, returned overseas Chinese children and overseas Chinese children apply for compulsory education in various schools, and the local enrollment department shall give appropriate care according to the relevant provisions of the state and the actual situation in the region.
Fifteenth state organs, social organizations, state-owned enterprises and institutions, under the same conditions, should give priority to the employment of returned overseas Chinese students, returned overseas Chinese children and overseas Chinese children.
Returned overseas Chinese students, children of returned overseas Chinese, and children of overseas Chinese who organize themselves for employment and self-employment in China shall be supported by the relevant departments.
Article 16 Returned overseas Chinese and their relatives may apply for studying abroad at their own expense.
Returned overseas Chinese and their relatives with college education who apply for studying abroad at their own expense shall be given appropriate care in accordance with the relevant provisions of the state.
Seventeenth returned overseas Chinese and their relatives who study abroad at their own expense are on-the-job employees, and can retain their public office 1 year from the date of being allowed to leave the country; Students in institutions of higher learning shall register in accordance with the relevant provisions of the state.
Returned overseas Chinese and their relatives who study abroad at their own expense and ask the state to arrange work can contact our diplomatic representative offices and consular offices abroad in the first half of the graduation day and go through relevant registration procedures; Work arrangements shall be handled by the national education department or personnel department in accordance with the relevant provisions of similar overseas students with the same academic qualifications.
Article 18 Remittances are the lawful income of returned overseas Chinese and their relatives, and their ownership is protected by law, and they enjoy relevant tax-free treatment according to law. No organization or individual may occupy, deduct, delay payment, forcibly borrow or illegally freeze or confiscate it.
Article 19 The ownership and use right of houses purchased and built by returned overseas Chinese and their relatives by remittance shall be protected by law.
Returned overseas Chinese and their relatives who use remittances to build houses can be taken care of by the local people's government and relevant departments in terms of construction land, building materials and construction strength.
Article 20 The State protects the contacts and contacts between returned overseas Chinese and their relatives and friends abroad according to law, and no organization or individual may illegally restrict or interfere.
The freedom and privacy of correspondence of returned overseas Chinese and their relatives are protected by law, and no organization or individual may illegally open, conceal, destroy or steal the mail of returned overseas Chinese and their relatives. If the returned overseas Chinese and their relatives' mail is lost, damaged or short, the postal department shall compensate or take remedial measures according to law.
Twenty-first returned overseas Chinese and their relatives apply for leaving the country for private reasons, and their work units shall promptly put forward their opinions; The public security organ of the city or county where the household registration is located shall, within 30 days from the date of receiving the application for leaving the country, make a decision on approval or disapproval within 60 days in remote and inaccessible areas, and notify the applicant.
If the applicant fails to receive the notice of examination and approval results within the time limit specified in the preceding paragraph, he has the right to inquire, and the accepting department shall give a reply; If the applicant thinks that it is not in conformity with the relevant laws and regulations to refuse to leave the country, he has the right to appeal to the public security organ at the next higher level, and the accepting organ shall make a handling and reply.
Returned overseas Chinese and their relatives need to leave the country urgently because their immediate family members abroad are seriously ill or die, or there are special circumstances such as disposing of overseas property within a time limit, and the public security organ shall give priority to them according to the valid certificates provided by the applicant.
Twenty-second state organs, social organizations and state-owned enterprises and institutions of returned overseas Chinese and their relatives, as well as retired returned overseas Chinese and their relatives to visit relatives abroad, in accordance with the relevant provisions of the state. Their work units and relevant departments shall not make provisions that damage their rights and interests because they normally go abroad to visit relatives.
Article 23 Where employees of returned overseas Chinese and their relatives from state organs, social organizations, state-owned enterprises and institutions apply for leaving the country for settlement, their work units shall go through the resignation formalities for them after obtaining the entry visa of the country (region) where they have settled, and pay severance pay in accordance with the relevant provisions of the state.
Returned overseas Chinese and their relatives who have retired or resigned from state organs, social organizations and state-owned enterprises and institutions will provide their original work units with personal survival certificates issued by Chinese diplomatic missions and consular offices abroad or by local notaries certified by Chinese diplomatic missions and consular offices abroad every year, and their pensions and severance payments will continue to be issued.
The work units and relevant departments of the employees listed in the first and second paragraphs of this article shall not make provisions that harm their rights and interests because they normally leave the country to settle down.
Article 24 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, with reference to the treatment of similar personnel in state-owned enterprises and institutions, make provisions on the treatment of returned overseas Chinese and their relatives, as well as retired and resigned employees of returned overseas Chinese and their relatives who go abroad to visit relatives and settle down.
Twenty-fifth returned overseas Chinese and their relatives who are approved to leave the country to visit relatives or settle down can exchange a certain amount of foreign exchange in accordance with relevant state regulations; Those who leave the country to settle down, their severance pay, retirement pay, pension, etc. Can be converted into foreign exchange in accordance with the relevant provisions of the state and remitted or taken out of the country.
Article 26 China's diplomatic missions and consular offices in foreign countries shall protect the legitimate rights and interests of returned overseas Chinese and their relatives in accordance with international treaties or international practices concluded or acceded to by China.
Returned overseas Chinese and their relatives need to dispose of their overseas property or accept inheritance, bequest or gift, the relevant departments and China's diplomatic representative offices and consular offices in foreign countries shall provide assistance, and when necessary, they may accept entrustment to handle relevant matters.
Returned overseas Chinese and their relatives need to receive pensions, pensions, pensions, etc. In foreign countries, China's diplomatic representative offices and consular offices in foreign countries shall assist in handling relevant formalities and accept the entrustment to collect and remit relevant funds.
Returned overseas Chinese and their relatives transfer their overseas property to China, which shall be handled in accordance with relevant state regulations; If its property is converted into foreign exchange and transferred into China, it shall enjoy relevant tax exemption treatment according to law.
Twenty-seventh returned overseas Chinese and their relatives' legitimate rights and interests are infringed, they have the right to request the relevant competent authorities to deal with it according to law, or bring a lawsuit to the people's court according to law.
Article 28 State functionaries who damage the rights and interests of returned overseas Chinese and their relatives shall be ordered by their units or the competent authorities at higher levels to make corrections or be given administrative sanctions; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Twenty-ninth provinces, autonomous regions and municipalities directly under the central government may, in accordance with the Law of People's Republic of China (PRC) on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families, these Measures and the relevant provisions of the state, formulate implementation measures.
Article 30 The Overseas Chinese Affairs Office of the State Council shall be responsible for the interpretation of these Measures.
Article 31 These Measures shall come into force as of the date of promulgation.