Provisions of Shanghai Municipality on Services to and Management of Shanghai Inhabitants

(for Interim Implementation)

(Promulgated by Decree No. 20 of Shanghai Municipal People’s Government

on September 30, 2009)

Chapter I   General Provisions

Article 1 (Purpose and Basis)

With a view to regulating services to and administration of Shanghai inhabitants, maintaining the order of social control, and promoting the economic and social development, these Provisions are formulated on the basis of the provisions of relevant laws and regulations, and in the light of the actual circumstances of this Municipality.

Article 2 (Application Scope)

These Provisions apply to the services to and administration of all inhabitants within the jurisdiction of this Municipality.

“Shanghai Inhabitants” mentioned in these Provisions refers to permanent residents of this Municipality, as well as those who are living in Shanghai but are permanent residents of other provinces (autonomous regions, municipalities) (hereinafter referred to as the out-of-town inhabitants). 

Article 3 (Mechanism of Service and Administration)

Services to and administration of Shanghai’s inhabitants shall be administered by a mechanism in which the municipal government is responsible for overall coordination, the district governments for overall management, and the communities for specific implementation.

The municipal, district/county people’s government shall respectively set up a leading team for the general services and administration of inhabitants. The leading team shall be responsible for coordinating, guiding, and urging relevant departments to do well the work of servicing and administrating the Shanghai inhabitants. The office of the leading team for the general services and administration of inhabitants shall be set up in the municipal, district/county public security department, and shall be responsible for implementing the work of servicing and administrating the inhabitants.

The departments of development and reform, public security, human resources and social security, housing guarantee and houses administration, population and family planning, economy and informatization, public health, education, taxation, civil affairs, and administration of industry and commerce, shall satisfactorily complete relevant work of services to and administration of inhabitants within their respective functions and duties.

Article 4 (Building of an Information System)

This Municipality shall set up an information system for servicing and administrating its inhabitants. The departments of public security, human resources and social security, housing guarantee and houses administration, population and family planning, public health, education, taxation, civil affairs, and administration of industry and commerce, shall, within their respective functions and duties, input and update relevant information so as to realize information-sharing. 

Article 5 (General Supporting Teams of Communities)

The general supporting teams of communities shall be set up by the town/township people’s governments or sub-district offices. They shall be subject to the daily management by agencies of the public security department, and the professional guidance and training by the departments of housing guaranteeing and houses administration, and population and family planning. The members of general supporting team of communities shall gather information regarding the Shanghai inhabitants in accordance with the requirements of the departments of public security, housing guarantee and houses administration, etc. 

Depending on the need of their work of serving and managing Shanghai inhabitants, the town/township people’s governments or sub-district offices may explore the method of having the government pay for the services and some non-profit mass organizations carry out such services.

Chapter II   Inhabitants Information Gathering

Article 6 (System of Information Gathering)

This Municipality adopts the system of gathering information about Shanghai inhabitants.

Information about Shanghai inhabitants includes the inhabitants’ identity information and dwelling information.

Article 7 (Method of Information Gathering)

To gather information about an inhabitant, the members of general supporting team of communities shall visit the inhabitant at his/her dwelling, make enquiries, and fill out an information sheet item after item by using a standard form and ensuring that there are no repetitions, omissions or inaccuracies.

When visiting inhabitants, the member of general supporting team of communities shall wear their work certificates uniformly made and issued to them.

Article 8 (Publicity of Information Gathering)

The town/township people’s governments and the sub-district offices shall generate publicity for the work of gathering information about inhabitants in their respective jurisdiction, direct and normalize the members of the general supporting team of communities in such information gathering, and make known to the people in their service areas the names of the members of the supporting team of communities as well as the photos, ID numbers, and scope of services. 

Article 9 (Rights and Obligations of Information Providers)

Relevant units and individual persons of this Municipality shall assist the member of the general supporting team of communities in his/her work of information gathering, and shall provide relevant information in a truthful manner. 

Relevant units and individuals persons have the right to refuse to provide information for those personnel whose relevant information has not been publicized or who do not wear the work certificates as required.

Chapter III   Services and Administration Relating to Residence Permit

Article 10 (Obtaining Residence Permit)

Out-of-town inhabitants shall go to and complete dwelling registry procedures with the community affairs center at the place of their current dwelling and obtain a Shanghai Temporary Residence Permit against their valid ID and other materials, as required by relevant provisions of the State and this Municipality; those who meet relevant requirements of this Municipality may apply for a Shanghai Residence Permit.

The procedures for obtaining and using the Shanghai Residence Permit shall be governed by the “Interim Provisions of Shanghai Municipality on Residence Permit” and other relevant provisions.

Article 11 (Services Relating to Permit Issuance)

Out-of-town holders of a Shanghai Temporary Residence Permit may do the following in Shanghai:

1. applying for a motor vehicle driver’s license, or registering their motorized vehicles or non-motorized vehicles;

2. applying for a business visa or cross-border pass for Hong Kong or Macao; and

3. applying for a certificate of no criminal record during his/her sojourn in Shanghai.

Article 12 (Services Relating to Family Planning)

Out-of-town holders of a Shanghai Temporary Residence Permit may receive free of charge the following services relating to family planning in Shanghai:

1. participating in activities popularizing knowledge about the laws on population and family planning and knowledge of healthy procreation;

2. receiving pre-pregnancy advice and guidance regarding eugenics, and consultation on education of infants and small children; and

3. receiving contraceptive drugs and devices in accordance with relevant provisions of the State and this Municipality, as well as such basic family planning technical services provided by the State, as examination and surgery relating to contraception, surgery to terminate pregnancy, and treatment of complications resulting from surgery for family planning. 

Article 13 (Public Health Services)

Out-of-town holders of a Shanghai Temporary Residence Permit may receive the following public health services:

1. receiving prenatal-examinations and hospital delivery services at designated medical institutions whose medical charges are controlled by the government; and

2. their minor children living with them may receive services to prevent epidemics such as vaccination, planned immunization, etc. 

Article 14 (Services Relating to Children’s Education)

Out-of-town holders of a Shanghai Temporary Residence Permit may apply to the district/county administrative department of education of their present abode for enrollment of their school-age children in a school in accordance with relevant provisions of this Municipality, if such children need to receive compulsory education in Shanghai. The relevant district/county administrative department of education shall arrange for their schooling against overall planning.

Article 15 (Rights of Holders of Shanghai Residence Permit)

Out-of-town holders of a Shanghai Residence Permit may be eligible for the benefits and conveniences of public services in the aspects of children’s education, family planning, public health, social insurance, license issuance, application for scientific or technical projects, qualification appraisal, tests and evaluations, election for and award of related honorary titles, etc.

Article 16 (Obligations of Administrative Departments and Agencies)

All administrative departments and agencies handling social public affairs shall voluntarily inform out-of-town Shanghai inhabitants, through government websites, public notice bulletins, service desks, etc., of the services and benefits they are eligible for, and provide relevant services and conveniences for them. No buck-passing or postponement is allowed.

While servicing out-of-town Shanghai inhabitants, all administrative departments and agencies handling social public affairs may examine their Shanghai Temporary Residence Permit or Shanghai Residence Permit (hereinafter jointly referred to as residence permit). Those who have no residence permits or have lost their residence permits shall be urged to promptly apply for one in accordance with the law.

Article 17 (Obligations of the Units)

In any one of the following circumstances, a relevant unit in this Municipality shall register the names of the relevant out-of-town inhabitants, as well as the types and numbers of their ID papers and residence permits:

1. when an employer unit hires out-of-town inhabitants;

2. when an intermediary agency of employment provides employment services for out-of-town inhabitants; and

3. when an operator of a commodity exchange market or a supermarket provides sales booths or market stalls for out-of-town inhabitants.

When an employer unit is required, under the provisions of this Municipality, to apply for Shanghai Residence Permit for its employees who are out-of-town inhabitants, it shall register their names, the types and numbers of their ID papers, and the information about their dwellings.

Employees who are out-of-town inhabitants shall produce their ID papers, residence permits, or other relevant certificates in compliance with the employer unit’s requirements.

Article 18 (Keeping Records Ready for Examination)

The units that register out-of-town inhabitants in accordance with the provisions of Article 17 of these Provisions shall keep a special file ready for examination, and shall cooperate with relevant departments and enforcement officers in seeking for information, asking for relevant files, or carrying out other examination or supervision tasks according to law.   

Article 19 (Advising on Obligation to Register)

In carrying out the routine management tasks, the departments of public security, human resources and social security, and administration of industry and commerce, shall urge relevant units to perform their obligation to register relevant information about their employees who are out-of-town inhabitants. 

Article 20 (Administration of Shanghai Residents’ Residence Permit)

Relevant services to and administration of Shanghai residents’ residence permit shall be governed by relevant provisions of the State and this Municipality.

Chapter IV    Administration of Information Regarding Lease

            of Residential Property

Article 21 (Filing Information on Lease of Residential Property)

The party to a lease of residential property shall, bringing along with them valid ID papers, the title deed, and the lease contract, go to the local community affairs center in charge of the property, to file relevant information regarding the lease.

The lessor of the residential property shall duly file his/her tax return.  

Article 22 (Obligations of the Lessor)

In entering the lease contract, the lessor of residential property shall examine the ID papers of the lessee and of those who live with the lessee, and register the lessee’s name, and the type and number of his/her ID papers.

The lessor of residential property shall not lease the property to those who have no ID papers.

During the term of the lease, the lessor shall regularly examine the lessee’s use of the property as agreed on in the lease contract. If the lessor finds that the lessee uses the leased property to engage in criminal activities, the lessor shall promptly report to the public security department and other relevant departments.

Article 23 (Obligations of the Intermediary Agency of Real Estate)

In providing intermediary services of residential property, the intermediary agency of real estate shall register the names, and the types and numbers of ID papers, of the lessor and the lessee.    

Article 24 (Reward for Reporting)

This Municipality encourages people to report lessors’ failure to duly file a tax return. If the report is found truthful, the taxation department shall reward the reporter in accordance with relevant provisions.

Chapter V   Legal Liability

Article 25 (Obligation of Confidentiality and Liability for Illegality)

Relevant units and individual persons shall keep confidential any information which comes into their possession in the course of servicing and managing Shanghai inhabitants.

No units or individual persons are allowed to divulge or illegally look into or use information regarding Shanghai inhabitants. Where the act of selling or illegally providing relevant information constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law.   

Article 26 (Enforcement Officers’ Liability for Illegality)

Enforcement officers shall be given administrative sanctions by the unit he/she works in or the superior competent administrative department if they neglect their duties, abuse their powers, commit fraud for personal gains, or extort or accept bribes. If the wrongful acts constitute crime, the wrongdoers shall be prosecuted for criminal liability according to law.

Article 27 (Punishment for Violation of the Provisions Regarding Units’ Obligation to Register)

The employer units, intermediary agencies of employment, operators of markets or supermarkets, and intermediary agencies of real estate that fail to register relevant information as required in violation of Articles 17, 18 or 23 of these Provisions shall be ordered by the public security department to make rectification, and shall receive a warning or be imposed a fine of between not less than 200 yuan but not more than 1,000 yuan.

Article 28 (Punishment for Violations of the Provisions Regarding Leased Property Information Management)

The lessors of residential property shall be punished by the public security department in accordance with Clause 1 of Article 57 of the Law of the People’s Republic of China on Public Security Administration and Imposition of Punishment if they fail to register lessees’ names, or the types and numbers of lessees’ ID papers as required, or if they lease their property to those who have no ID papers, in violation of Clause 1 or 2 of Article 22 of these Provisions. 

The lessors of residential property shall be punished by the public security department in accordance with Clause 2 of Article 57 of the Law of the People’s Republic of China on Public Security Administration and Imposition of Punishment if they fail to report to the department of public security in violation of Clause 3 of Article 22 of these Provisions when they have learned that the lessee uses the leased property to engage in criminal activities.

Chapter VI   Supplementary Provisions

Article 29 (Other Provisions Regarding Overseas Individual Persons)

The gathering of information regarding foreigners, persons without nationality, residents of the Special Administration Regions of Hong Kong and Macao, and the residents of Taiwan Region, as well as management of information regarding their lease of residential property, may be accomplished by referring to these Provisions. 

Article 30 (Effective Date)

These Provisions shall be effective as of November 1, 2009 for a period of three years.