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Immigrant Visa & HR - China

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Shanghai Introduction of Talent Settlement Implementation Rules

Answer
From December 1, 2020, Shanghai newly issued the Implementation Rules of the Measures for the Application for Permanent Residence in the City by Introduced Talents in Shanghai, which was prepared in accordance with the Notice of the Shanghai Municipal People's Government on the Issuance of the Measures for the Application for Permanent Residence in the City by Introduced Talents in Shanghai, and is valid until November 30, 2025. What provisions are clarified in the implementation rules?

Q:
What is the scope of application of the approach?
A: The introduction of domestic outstanding talents in organizations that meet one of the following conditions and are registered, normally operating and paying taxes in accordance with the law within the administrative area of the city:
1.With independent legal personality of the unit;
2.the central unit in Shanghai, a branch of the headquarters in Shanghai units;
3.Other branches recommended by the respective regional or industry authorities;
4.Really need to introduce methods of Article V (4), paragraph 14 of the talent branches.
If there is the introduction of other special management personnel such as self-selected military transfer cadres to settle, it will be implemented according to the relevant departments or documents.

Q:
What are the specific conditions for the introduction of talent applications clearly?
A:
1.
Article 5(1.1) of the so-called "senior professional and technical qualifications", refers to the provisions of the senior title and employed in the corresponding position, including the national professional qualifications that can be clearly employed as a senior title corresponding to;
2. Article 5(1.2) of the "provincial and ministerial level and above government recognition", refers to the provincial and ministerial level and above science and technology awards, or by the provincial and above people's government or the Ministry of Human Resources and Social Security in conjunction with the relevant ministries and commissions to enjoy the treatment of provincial and ministerial level and above government recognition awards recipients, and has a personal Certificate. The government recognition program is recognized by the government recognition authority. Employers can generally apply for the introduction of personnel within 5 years of the recognition;
3. Article 5(1.3) of the measures referred to in the "candidates included in the provincial and ministerial level talent training program" is determined on the basis of the relevant national authorities or the government of each province, city, autonomous region and the approval of the competent talent department. Employers can generally apply for the introduction of personnel included in the talent training program within five years;
4. Article 5(1.4) of the measures referred to "major national science and technology special projects, national key research and development projects and major science and technology projects in the city", refers to the science and technology projects identified according to the project approval of the competent state or city science and technology departments; referred to "the project leader and his team core members", shall be identified by the competent state or city science and technology departments according to the project establishment, declaration materials. During the project implementation period, the employer can apply for the introduction of the project leader and the core members of his team;
5. The "key institutions" referred to in Article 5(2) of the Measures include high-tech enterprises, units undertaking projects for the transformation of high-tech achievements, R&D centers with independent legal personality set up by regional headquarters of multinational companies, trade headquarters and regional headquarters in Shanghai, and key employment units recommended by the competent departments of key industries and key regions in the city (including the city's national university science and technology parks with outstanding achievements in transformation);
6. In line with Article 5 (3.8), (3.10) of the introduction of talent, the honors (awards) should have a personal certificate, and the employer can generally apply for the introduction of honors (awards) within five years of the personnel. Article 5(2.7), Article 5(3.9) and 5(3.10) of the measures referred to in the "skills of highly skilled personnel", refers to the work of the front line in the skills of occupation, type of work (specific occupation, type of work range is announced separately) or by the competent industry departments recommended by the industry representative enterprise independent assessment and recommendation of highly skilled personnel. The following are the names of the highly skilled personnel "National and provincial and ministerial level skill competition awards" refers to national or provincial and ministerial level skill talent recognition, national skill competition gold, silver, bronze awards or provincial and ministerial level skill competition gold (or first prize) and above awards;
7. Article 5 (4.11) of the measures referred to "venture capital of a certain size and its core team members", refers to technology business incubators (subject to the Shanghai Science and Technology Business Incubation Association for the record) or venture capital institutions (subject to the Shanghai Venture Capital Industry Association for the record), the first round of venture capital investment of 10 million yuan or more, or a cumulative venture capital investment of 20 million yuan or more (subject to the availability of funds and continuous investment for one year) in the city's enterprises with a shareholding of not less than 10%, in the enterprise for 2 years of continuous work of entrepreneurial talent;
8. The "innovation and entrepreneurship intermediary service talents and their core team members who have achieved significant market-tested performance in the city" referred to in Article 5(4.12) refers to the first completer of the technology contract who has been continuously engaged in technology transfer and transformation of scientific and technological achievements in the technology transfer service institutions in the city (subject to the record of Shanghai Technology Transfer Association) for 2 years and has achieved a cumulative technology transaction amount of RMB 50 million or more in the last 3 years (the parties to the technology contract are not less than 5 and are not affiliated enterprises, and the performance rate of the technology contract is 70% or more);
9. Article 5 (4.13) of the measures referred to "in the city to manage the operation of venture capital funds to a certain size and achieve significant market-tested performance of venture capital management and operation personnel and core members of their teams", refers to the completion of the city's venture capital investment in the city has reached a cumulative total of 30 million yuan of partners, or vice president and above senior management personnel;
10. Article 5 (4.14) of the "market value of a certain level of enterprise science and technology and skilled personnel" refers to the cumulative 36 months within the last four years in the city to pay social insurance premiums for employees in the base equal to three times the average salary of urban units employed in the city in the previous year, and the total amount of personal income tax paid to 1 million yuan of enterprise senior management, science and technology and skilled personnel.

Q:
What specific conditions need to meet for Article 5 (4.15) of these measures referred to as entrepreneurial talent to achieve significant business performance?
A:
Entrepreneurial talent that has achieved significant business performance refers to entrepreneurs who also meet the following conditions:
1.
Legal representative (as chairman or general manager) or founder with no less than 10% shareholding of the company operating in the city;
2. The annual operating income profit rate of the enterprise for 3 consecutive years is more than 10%, and the tax payable of the previous year is not less than 10 million yuan; or the main business income of the technology enterprise has increased by more than 10% each year for 3 consecutive years, and the tax payable of the previous year is not low 10 million yuan; or the company is listed on the Shanghai Stock Exchange, Shenzhen Stock Exchange and other capital markets;
3. Enterprise production processes, equipment and products do not belong to the state and the city's restrictions, elimination category directory;
4. No major violations of the law, no breach of trust information records.

Q:
What are the talents referred to in Article 5(5)(17) of the Measures, the shortage and urgency of talents independently approved by the districts and key regions of the city?
A:
The talens are not in line with Article 5 (1.1) to (5.16), the city's districts, key regions by the decision-making process to consider, public announcement after the independent approval of the introduction of personnel.

Q:
Whether the dispatcher can apply for settlement according to the relevant methods?
A:
In principle, agency dispatchers do not belong to the scope of application. If the city's education, health, scientific research and other institutions implement talent dispatching for establishment reasons, the institution that actually employs the workers will apply for talent introduction after being recommended and reported by the competent department of the industry.

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