Regulations of Shenzhen Special Economic Zone on Domicile Control of Temporary Resident

(Originally adopted by the 2nd Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on September 15,1995.As revised in accordance with the Decision on Revising of Pertinent Articles of Regulations of Shenzhen Special Economic Zone on Domicile Control of Temporary resident of the 14th Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on April 9,1997).

Chapter I  General Provisions

    Article 1  In order to strengthen the domicile control of temporary resident in Shenzhen Special Economic Zone (hereinafter referred to the Special Zone), safeguard the lawful rights and interests of temporary residents, maintain the social order of the Special Zone and promote  economic development of the Special Zone, these regulations are hereby formulated.
    Article 2  The temporary resident in these regulations referred to the resident who enters and resides in Special Zone by valid certificate but without permanent household of the Special Zone
    Any temporary resident who will reside in the Special Zone more than seven days shall apply for household registration of temporary resident. If stay more than two months, he shall apply for Temporary Residence Permit. The domicile control of the temporary resident holding blue-seal household shall apply the relevant rules formulated by Shenzhen Municipal People' s Government ( hereinafter referred to the Municipal Government). 

Article 3  The Shenzhen Public Security Bureau ( hereinafter referred to the Municipal Public Security Bureau) is the competent authority of the domicile control of temporary resident while the detached authority of the Municipal Public Security Bureau ( hereinafter referred to the Detached Authority of Public Security ) is responsible for the daily work of domicile control of temporary resident. The administration and management departments of the Municipal Government, including the departments of labor, personnel, urban management and industrial and business, shall assist the Municipal Public Security to do the work on the domicile control of temporary resident well

The neighborhood committees, the realty management offices, the units who employ temporary residents and individuals shall assist the detached authority of public security to control domicile of temporary resident.

Article 4 The Public Security Organization and relevant administration and management departments shall execute the duty of domicile control of temporary resident and adhere to the opening, convenient, efficient and civilized management principle

Chapter II   Household Registration of Temporary Resident

Article 5 Before the temporary resident has been staying in the Special Zone for seven days, his/her declarant shall apply the detached authority of public security at the places of residence for household registration of temporary resident with identity card of the temporary resident and the valid certificate entering into the Special Zone .

Article 6  The temporary resident who works on labor service , his declarant for household registration of temporary resident is the employer or individual. The household registration of temporary resident who works on non-labor service shall be applied for according to the following rules:

(1) whoever residing temporarily in the rental house is declared by the owners .

(2) whoever residing temporarily in the non-lodge is declared by the householder, owner or temporary residents himself .

(3) whoever residing temporarily in the guesthouse, inn, hostel shall enroll the accommodation registration according to the relevant rules.

Article 7  The household registration of temporary resident shall include the followings information:

(1)  the name and sex;

(2)  the number of identity card;

(3)  the address of permanent residence

(4)  the address of temporary residence

(5)  the term of  temporary residence

(6)  the reason of temporary residence

(7)  other necessary circumstances.

 Article 8  As making the household registration of temporary resident, the detached authority of public security shall deliver the credential of household registration of temporary resident to the temporary resident.

The credential of household registration of temporary resident shall be made uniformly by the competent authority.

Article 9  The registration office shall not cancel the registration until the duration of declaration in household registration of temporary resident expired.

Chapter III  Apply for Temporary Residence Permit

Article 10  The temporary resident shall apply for the temporary residence permit at the public security organization the last fifteen days before the staying deadline of two months if he resides more than two months in the Special Zone.
    Article 10  The temporary residence permit may be classified to :

(1) labor temporary residence permit, being applied for by temporary resident who works on labor service, with maximum duration of validity of two years;

(2) non-labor temporary residence permit, being applied for by temporary resident who doesn' t work on labor service, with maximum duration of validity of two years.

The temporary residence permit shall be made uniformly by the competent authority.

Article 12  The labor temporary residence permit shall be applied for by the employer or individual.

The non-labor temporary residence permit shall be applied for according to the following rules:

(1), whoever residing temporarily in the rental house is declared by the owners .

(2) whoever residing temporarily in the non-lodge is declared by the householder, owner or temporary residents himself.

(3), whoever residing temporarily in the guesthouse, inn, hostel is declared by the temporary resident himself .　

Article 13 the following materials shall be presented when applying for labor temporary residence permit to the Public Security Organization:

(1)  the credentials of household registration of temporary resident

(2)  the copy of the identity card

(3)  the certification of employment, dispatching professional technical personnel or manager provided by the personnel department, or the certification of labor provided by the labor department.

(4)  the Contract for Lease of House registered by the management department of lease of house if the temporary resident resides temporarily in rental house

(5), other certifications stipulated by the Municipal Government.

Article 14  The following materials shall be presented when applying for non-labor temporary residence permit to the Public Security Organization:

(1)  the credentials of household registration of temporary resident;

(2)  the copy of the identity card;

(3)  the certification of routine and lawful domicile , or the Contract for Lease of House registered by the management department of lease of house if the temporary resident resides in lodge;

(4)  other certifications stipulated by the Municipal Government.

Article 15 If the materials of applying for temporary residence permit which being examined and checked by the public security organization are in line with these regulations, the public security organization shall accept and deliver the temporary residence permit within fifteen working days from the day of acceptance; otherwise the public security organization shall dismiss but shall explain the reason.

The public security organization who issues the temporary residence permit shall be decided by the Municipal Public Security Bureau.

Article 16  The temporary residence permit shall be with following information:

(1) the name and sex

(2) the number of identity card

(3) the temporary address

(4) the duration of validity of the temporary residence permit;

(5) other necessary information.

Article 17  The Public Security Organization who issues the temporary residence permit shall inform the detached authority of public security at the place of temporary residence         for putting on records in time after issuing the temporary residence permit.

Article 18  The temporary residence permit issued by the public security organization shall be charged for cost of production according to the cost which is appraised and decided by the price management department of the Municipal Government.

Article 19  if needs to prolong the duration of validity of temporary residence permit after expiration date , the applicant shall apply to the original issuing organization the last fifteen days before expiration date and go through according to the article 12 to 15 of these regulations.

Article 20 The personnel with temporary residence permit may reside in , enter and exit the Special Zone by certificate during the date of validity of temporary residence permit.

Article 21  The temporary resident with non-labor temporary residence permit working on labor service shall apply for labor temporary residence permit firstly at the public security organization.

Article 22  If changing the temporary address, the temporary resident with temporary residence permit shall declare to the detached authority of public security at the place of his residence within ten days from changing the temporary address; while the accepting detached authority of public security shall inform the detached authority of public security at the place of original residence for putting on records within ten days from accepting the case.

Article 23 If canceling the contract of labor with the temporary resident carrying labor temporary residence permit, the employer or individual shall declare to the original public security      within fifteen days from canceling the contract of labor.

Chapter IV   Management

Article 24  The temporary resident shall carry and keep safely the credential of household registration of temporary resident or temporary residence permit (hereinafter referred to permits of temporary residence) for examination.

Article 25  The public security organization may examine and check the permits of temporary residence for the needs of performance of official businesses according to the legal procedure stipulated by laws. Any other units and individuals may not examine and check the permits of temporary residence unless otherwise stipulated by laws.

Article 26  If the temporary resident does not carry the temporary residence permit under special situations when be examined and checked ,the temporary resident may explain the facts of applying for household registration of temporary resident or temporary residence permit and the public security organization shall verify it.

Article 27  The public security organization may detain the permits of temporary residence for the needs of performance of official businesses, but subjecte to present the detained credential to the party . Any other units and individuals may not detain the permits of temporary residence.

Article 28  Any units and individuals are forbidden to destroy other people' s permits of temporary residence.

Article 29  If losing the permits of temporary residence, the temporary resident shall apply for reissuing the credential of registration of temporary population or the temporary residence permit at the original registration office or issue office in time while the accepting office shall reissue the credential of household registration of temporary resident immediately or reissue the temporary residence permit within fifteen days.

Article 33  The detached authority of public security shall know well the situations about the temporary resident within its jurisdiction applying for household registration of temporary resident or temporary residence permit,  set up the household archive of temporary resident, make statistical report of temporary household regularly and strengthen the management of temporary resident within its jurisdiction.

Article 31  Any units and individuals may not reap illegal profits through applying for permits of temporary residence on behalf of others, may not forge, mutilate or alter the permits of temporary residence.

Article 32   The employer and individual who employs or provides residence for the temporary resident shall offer the necessary information of applying for household registration of temporary resident or temporary residence permit truly.

Article 33  The employers and individuals who employs or provides residence for the temporary resident shall supervise the temporary resident of abiding by the laws and regulations,  prevents the temporary resident from illegal and criminal act and reports offense to the public security organization as soon as possible .

Article 34 The staff of public security carrying out the duty of domicile management of temporary resident shall observe disciplines and law, enforce the law impartially , may not racketeer, engage in malpractices for personal gain, beat and abuse, or insult the temporary residents.

Chapter VI  Legal Responsibility

Article 35  If the declarant doesn' t apply for household registration of temporary resident according to these regulations, the declarant shall be ordered to make a supplementary registration within the special time limit. If the declarant is the temporary resident, he shall be imposed a fine of 50 yuan while the declarant is other unit or individual, he shall be imposed a fine of 50 yuan each person according to the quantity of non-registration temporary resident.

Article 36   If the declarant doen' t apply for temporary residence permit within the special time limit in these regulation , he shall be ordered to make a supplementary report within the special time limit. If the declarant is the temporary residents, he shall be imposed a fine of 100 yuan while the declarant is other unit or individual, he shall be imposed a fine of 200 yuan each person according to the quantity of non-registration temporary resident.

Article 37  If the temporary residence permit obtained by cheating, it shall be handed in for cancellation and the actor shall be imposed a fine of 200 yuan each temporary residence permit according to the quantity of such temporary residence permit.

Article 38  If anyone, in violation of article 22 of these regulations, doesn' t report  when he changes the temporary address, he shall be ordered to report within the special time limit; If the circumstances are serious, he shall be imposed a fine of 50 yuan..

Article 39 If the employer employs the temporary resident with non-labor temporary residence permit, he shall be imposed a fine of 100 yuan for each employee.

Article 40  If anyone, in violation of the article 31 of these regulations, reaps illegal profits by applying for permits of temporary residence on behalf of others, all the issued permits of temporary residence shall be collected and the illegal gains shall also be confiscated as well as be fined 300 yuan each temporary residence permit according to the quantity of such temporary residence permit. If anyone forges, mutilates or alters the permits of temporary residence, the producing instruments and illegal gains shall be confiscated and the actor shall also be fined 600 yuan each one according to the quantity of false testimony . If the offense constitutes a crime, criminal liability shall be pursued according to law.

Article 41  If anyone violates the article 32 of these regulations, he shall be fined 200 yuan.

Article 42  If anyone violates the article 33 of these regulations, he shall be fined 200 yuan; If the offense constitutes a crime, criminal liability shall be pursued according to law.

Article 43  Anyone examines, detains and destroys the permits of temporary residence illegally, If he is the staff of public security organization , he shall be imposed the administrative penalty by the public security organization; If otherwise , he shall be fined 300 yuan; if the offense damages the party , he shall be ordered to compensate according to laws.

Article 44  If anyone violates the article 34 of these regulations, he shall be imposed administrative penalty by the public security organization; if the offense constitutes a crime, criminal liability shall be pursued according to law.

Article 45  The temporary resident who resides in the Special Zone without valid certificate of entering the Special Zone or without permits of temporary residence shall be transferred to the civil administration department by the public security organization for sending away from the Special Zone according to relevant rules.

Article 46  The punishment in these regulations shall be decided by the Municipal Public Security Bureau or the Public Security Subbureau while the fine less than 50 yuan may be decided by the detached authority of public security.

Article 47  If a party is dissatisfied with dismissing, administrative penalty or administrative constraint measure, he may apply the Municipal Public Security Bureau or  Administrative Review Organization of the Municipal Government for reconsideration within fifteen days upon the date receiving the Decision on Administrative Sanction . The organization shall make a decision on reconsideration within 15 days from the date receiving the application or directly institute legal proceeding in a People' s Court. In case the party objects to the decision on reconsideration, it may directly file a lawsuit before a people's court within 15 days upon the date receiving the decision.

Chapter 6  Supplementary Articles

Article 48  the more than and less than referred in these regulations includes the number itself.

Article 49  The Municipal Government may formulate the detailed implementing measures pursuant to this regulation.

Article 50  This regulation shall go into effect as of January 1, 1996.

        Where there are contradictions between the provisions of these regulations and other relevant rules enforced within the scope of Special Zone before enforcement of these regulations, these regulations shall prevail.