|索引号：||003187464/201801-00129||信息分类：||公民,其他 / DOC,TXT,其他|
Anhui Province to implement "the People's Republic of China on the Protection of the rights and interests of overseas Chinese " approach
(On August 30, 1994, Anhui province, the eighth session of the 12th meeting of the standing committees of the people's congresses basis on May 24, 2002 in Anhui province the 30th session of the standing committee of the ninth people's congress passed on modifying the,< Anhui Province to implement "the People's Republic of China on the Protection of the rights and interests of overseas Chinese " approach> correction of decision)
Article 1 In order to protect the lawful rights and interests of returned overseas Chinese and the relatives of overseas Chinese, according to "the People's Republic of China on the Protection of the rights and interests of overseas Chinese " and "measures for the implementation of the People's Republic of China on the Protection of the rights and interests of overseas Chinese " this method is formulated in combination with the actual situation of the province.
Article 2 The overseas Chinese affairs office of the people's governments at all levels is the functional department of the people's government of the same level in the administration of overseas Chinese affairs, to protect the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese, responsible for guidance, coordination, supervision and inspection.
Article 3 The status of returned overseas Chinese and relatives of overseas Chinese is confirmed by the overseas Chinese affairs office of the people's government at or above the county level in accordance with the relevant provisions of the state laws and regulations.
Other relatives with overseas Chinese and returned overseas Chinese who have a relationship of raising for more than 5 years in a row shall be subject to the examination and confirmation from the notarial office of the county above the county level after raising parental certificates.
Article 4 Overseas Chinese, returned overseas Chinese have died, relatives of their relatives of overseas Chinese identity unchanged. In any of the following circumstances, the identity of the overseas Chinese should be lost on their own:
(1) The dissolution of marriage with overseas Chinese, returned overseas Chinese and their children in accordance with the law;
(2) After the death of an overseas Chinese or a returned overseas Chinese, his/her original spouse married a non-overseas Chinese or a returned overseas Chinese;
(3) With the overseas Chinese, returned overseas according to the law to relieve the dependency relationship.
Article 5 Returned overseas Chinese and the family members of overseas Chinese shall enjoy the civil rights prescribed by the constitution and the law, and to perform the citizens' obligations stipulated by the constitution and the law, and no organization or individual may discriminate against them.
Article 6 When overseas Chinese come to settle in this province, the Overseas Chinese Affairs Office of the Provincial People's Government shall be responsible for accepting them and obtaining the approval of the Provincial Public Security Department “Overseas Chinese settlement certificate” documents for settlement procedures, settled in overseas Chinese affairs and other relevant departments should be actively in accordance with the relevant provisions of resettlement.
Encourage and support overseas Chinese who have the expertise to return to work. For the professional and technical personnel who have settled in the province, it is not limited by the technical functions and years of service when the professional technical qualification and appointment of professional and technical personnel are first evaluated.
If the returned overseas Chinese and the relatives of overseas Chinese who have been approved to go abroad are required to return to the original work unit within 2 years after going abroad, they shall be properly arranged by the former working unit and its competent department.
Article 7 The people's congress of the provincial people's congress and the city, county (city or district) people's congress with a large number of overseas Chinese and overseas Chinese shall have the appropriate number of returned overseas Chinese and the representatives of overseas Chinese.
Article 8 The overseas Chinese federation at all levels shall be a social group established according to law by the returned overseas Chinese and the relatives of overseas Chinese, whose lawful rights and interests shall be protected by law, and no unit or individual shall infringe upon it. The overseas Chinese federation at all levels shall, in accordance with the law, safeguard the legitimate rights and interests of returned overseas Chinese and the family members of overseas Chinese.
Article 9 To encourage and support returned overseas Chinese, to make use of overseas remittances, foreign currency deposits and gifts of foreign relatives or friends or communities to invest in business enterprises, its investment accounts for more than twenty-five percent of the registered capital of the people's governments at and above the county level to verify, industrial and commercial departments confirmed, in accordance with law, enjoy the preferential treatment as prescribed by the state and provincial investment. To make use of the oversea Chinese, remittances within the territory of the province to set up wholly owned enterprises, joint ventures and cooperative enterprises, can be in accordance with state regulations governing foreign-related economic laws, regulations, enjoy preferential treatment for reduction of the corresponding enterprises with foreign investment.
Article 10 Returned overseas Chinese and the family members of overseas Chinese investment in high-tech enterprises, export-oriented enterprises, agricultural project development, set up productive enterprises in poor areas, the people's governments at various levels shall give support, their legitimate rights and interests are protected by law.
Article 11 The local people's government shall give support and reward to the overseas Chinese and the families of overseas Chinese who bring in foreign capital for the cause of public welfare. If the materials donated by overseas Chinese and relatives of overseas Chinese relatives are used for domestic public welfare undertakings, the provisions of the laws and administrative regulations shall be reduced or exempted from the VAT on customs duties and import links.
Article 12 Returned overseas Chinese and the family members of overseas Chinese in the capital, technology, talent, equipment import and export goods, labor service export and so on has made outstanding contributor, benefit the local people's governments and relevant departments and units should give recognition and rewards.
Article 13 Returning overseas Chinese and the relatives of overseas Chinese shall have the right to possess, use, benefit and dispose of their private houses according to law, and no unit or individual shall infringe upon it.
In case of disputes over property rights in the private houses of returned overseas Chinese and the relatives of overseas Chinese, the local overseas Chinese affairs departments shall assist the relevant units in the proper settlement in accordance with the relevant provisions of the state.
The construction units shall, in accordance with the relevant provisions of the state and the province, give corresponding compensation and proper settlement as the state construction of the demolition of returned overseas Chinese and the private houses of overseas Chinese.
If the private houses purchased by overseas Chinese and the family members of overseas Chinese returned to China after their founding, in addition to the provisions of the preceding paragraph, the construction unit shall, in respect of the location of resettlement and economic compensation, be taken care of by the dismantlement property owner.
Article 14 Returning overseas Chinese and the relatives of overseas Chinese to build and purchase houses with overseas remittances, the relevant departments and units concerned shall provide convenience in the construction of land for construction and registration of property rights in accordance with law.
Article 15 Returning overseas Chinese and the overseas Chinese to enjoy the housing provident fund and fund raising housing and other policies of their units; The relevant departments and units shall give priority to the purchase of affordable housing. The relevant departments and units shall give priority to the purchase of affordable housing.
Article 16 In the case of the removal of the overseas Chinese and the ancestral tombs of the overseas Chinese due to the national construction land and urban and rural planning, the people's governments at or above the county level shall report to the people's governments of the people's governments at or above the county level for the record. No unit or individual may excavate and relocate without approval.
Article 17 Living in poverty of returned overseas Chinese and the family members of overseas Chinese, the unit should provide assistance through living allowances, arranging the employment of children and other means. The local people's government and relevant departments shall make it a priority to support the poverty-stricken households.
Article 18 Returned overseas Chinese, children of returned overseas Chinese, and overseas Chinese children in China enjoy the following care in promotion and employment:
(1) For all kinds of schools, the total score of test scores increased by 10 points.
(2) To participate in the appraisal of the staff and staff culture, the total score of the assessment shall be increased by 10 points;
(3) Persons have graduated from high school and secondary vocational school, and have asked to return to my spouse or parents' place to work, education, personnel and other related departments should actively help, under the same conditions, the employer is preferred. If the family members of overseas Chinese who are not in the preceding paragraph, who apply for the bachelor's degree in the undergraduate period from high school to university, have a total of 5 points; To participate in the recruitment of staff culture assessment, its assessment total score increases by 5 points.
Returned overseas Chinese, the dependents of overseas Chinese registered for the adult universities and the adult human junior college, according to the bonus policy of the national education administration, the policy is implemented.
Article 19 If the overseas Chinese and the relatives of overseas Chinese apply for their own expenses to study abroad, in line with the state regulations, the relevant departments shall examine and approve them in time. In the process of handling the formalities, the unit and the school shall not resign, resign, withdraw, or charge an additional fee. After being allowed to leave the country, it shall be allowed to retain public office or a year of schooling. Graduation is willing to work of the province, priority arrangement work, enjoy the same kind, equivalent to pay staff salary going abroad, and in research aspects such as employment, housing, family and children, provide favorable conditions.
Article 20 The relevant departments may, under the same conditions, give priority to returning overseas Chinese and their dependents when they go abroad to study and study abroad.
Article 21 The following preferential treatment can be enjoyed by the intermediate and senior technical staff of returned overseas Chinese and the family members of overseas Chinese:
(1) According to my own voluntary principle, the immediate family can register the permanent residence of the town;
(2) Where a couple is separated, the relevant departments of labor and personnel shall assist in contacting the receiving units;
(3) Under the same conditions, the unit should prioritize housing.
Article 22 Enterprises and institutions shall take care of the returned overseas Chinese and the staff of overseas Chinese when arranging the work posts. For returning overseas Chinese and the staff of overseas Chinese who have lost their jobs, the local people's government, labor and social security departments shall actively help them to obtain employment.
Article 23 Returned overseas workers who work in state organs, social organizations and enterprises and institutions, and those who have been working for a continuous period of 30 years, and who have been female for 25 years, shall issue a supplementary allowance for retirement in accordance with the relevant provisions in retirement.
Article 24 The remittance income of overseas Chinese and the dependents of overseas Chinese shall be promptly solved by the bank, and no unit or individual may impose the loan or illegal freeze, deduction or confiscation.
Article 25 Returning overseas Chinese and the family members of overseas Chinese shall have the right to inherit and accept the estate, bequests or gifts of foreign relatives and friends, as well as dispose of their foreign property, and the relevant departments shall handle the relevant procedures in a timely manner after obtaining relevant certificates.
Article 26 The normal correspondence and correspondence between overseas Chinese and their relatives and relatives abroad shall be protected by law. Any unit or individual shall not illegally open and destroy, conceal or steal the mail of returned overseas Chinese and the dependents of overseas Chinese. The postal departments shall take remedial measures or compensate for the losses according to law.
Article 27 If returned overseas Chinese and the relatives of overseas Chinese apply for the exit of the overseas Chinese, the entry and exit management organization shall simplify the procedures and provide convenience, and make the conclusion within 5 days after acceptance.
Returned overseas Chinese and the family members of overseas Chinese from overseas relatives was dying, death, or the deadline to handle special situation, such as property abroad are in urgent need of qualified exit and exit, entry and exit management organization should be completed in 1 days after accepting the exit formalities.
Article 28 Returning overseas Chinese and the working staff of overseas Chinese visiting parents and spouses shall enjoy the overseas family leave according to the regulations of the state. Outbound family leave can be used to visit spouses, parents, children and siblings from abroad, as well as other relatives of parents or dependants.
The workers who live in our province visit the children who have settled or resettled in the country. Every four years, they can enjoy a visit for one time and 40 days of holiday.
The returned overseas Chinese of state organs, social organizations, enterprises and institutions, and the staff and workers of overseas Chinese who have been approved to visit the country shall reimburse the domestic tolls in accordance with the relevant provisions of the state and enjoy the salary of the holidays.
Article 29 Allowed to leave the country settled returned overseas Chinese and the family members of overseas Chinese, accord with retire, the conditions for retirement, resignation, should according to the provisions of the state, to former unit to provide a living abroad every year proved that their pensions for retired veterans, pensions, gratuity, endowment insurance gold to continue. Those who fail to meet the conditions for divorce, retirement or retirement may be sent to the severance allowance according to the provisions of the state. Those who are allowed to resettle and resume their work in the province shall be returned to the office of the former working age and the working age of re-working after entering the country.
If returned overseas Chinese and the family members of overseas Chinese study abroad, apply for a job or leave the country, they may sign a lease reservation agreement with the property rights unit, but the longest time shall not exceed two years. The welfare housing that has been purchased before leaving the country is not subject to the service life of its unit, and the ownership of the house has not changed.
Article 30 Returned overseas Chinese and the family members of overseas Chinese shall have the right to request the relevant departments to deal with the legal rights and interests in accordance with the law, or bring a lawsuit to the people's court according to law.
Article 31 In violation of the provisions of these measures to violate the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese, the relevant departments shall give a criticism to education, administrative punishment or administrative penalty; If a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Article 32 The protection of the rights and interests of compatriots residing in Hong Kong and Macao, Hong Kong and Macao and the overseas Chinese residing in the province shall be implemented in accordance with these measures.
Article 33 The specific problems in the application of this method shall be interpreted by the administrative departments of overseas Chinese affairs of the provincial people's government.
Article 34 These measures shall come into force as of the date of promulgation.