Member Article

The Ministry of Security and the Ministry of Foreign Affairs jointly promulgated the Measures for the Administration of the Examination and Approval of the Permanent Residence in China of Foreigners on 15 August 2004. The Regulations, which entered into effect on the date of promulgation, set forth the conditions upon which foreigners can obtain permanent residence in China. The Measures define permanent residence for foreigners as residence in China that is not subject to a time limit. Conditions Foreigners can obtain permanent residence in China if they abide by China’s laws, are in good health, have no record of breaking the law and fall in one of the following categories: • they have invested directly in China, the investment situation has been stable for three years in a row and their record of tax payment is good; • they hold the position of deputy general manager, deputy factory director, etc. or above or they hold the title of assistant professor, assistant researcher or other senior assistant title or above and enjoy equal treatment, provided they have held such position or title for four continuous years, have during those four years resided in China for an aggregate of three years and their tax payment record is good; • they have made an important, outstanding contribution to China and are particularly needed by China; • they are the spouse or minor child of any of the above persons; • they are the spouse of a Chinese citizen or a foreigner with permanent residence in China, provided they have been married for five years, they have lived in China for five years during which they have spent at least 9 months per year in China and they have a stable income and residence; • they are unmarried minors who are dependent on their parents; or • they are over sixty years old, have no direct relations abroad, are dependent on direct relations inside China and they have lived in China for five years during which they have spent at least 9 months per year in China and they have a stable income and residence. Investment category In order to qualify under the investment category (see paragraph 1 above), the minimum investment requirements, which the investor must satisfy, are investment of: • US$500,000 in the encouraged category of industries; • US$500,000 in China’s western region or in poor counties that the state has singled out for development; • US$1 million in China’s central region; or • US$2 million in China; The Measures set forth the procedure for obtaining the permanent residence certificate. The certificate constitutes legal ID documentation and can be used on its own.