(Adopted at the 32nd Meeting of the Standing Committee of the Fifth Shenzhen Municipal People's Congress on October 30, 2014, and amended in accordance with the Decision on Amending Twenty seven Regulations Including the Regulations of Shenzhen Special Economic Zone on Medical Treatment adopted at the 33rd Meeting of the Standing Committee of the Sixth Shenzhen Municipal People's Congress on April 24, 2019)
Contents
Chapter I General Provisions
Chapter II Residence Registration
Chapter III Administration of Residence Permit
Chapter IV Rights and Interests of Holders
Chapter V Information Management Services
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 In order to establish and improve the actual resident population registration system, strengthen the service management of non Shenzhen registered permanent residents (hereinafter referred to as non Shenzhen registered permanent residents), safeguard their legitimate rights and interests, maintain social order, and promote the coordinated development of population and economy, society, resources, and environment, in accordance with the basic principles of relevant laws and administrative regulations, These Regulations are formulated in light of the actual situation of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone).
Article 2 These Regulations shall apply to the residence registration of non Shenzhen residents in the Special Zone and the application, use and administration of the Shenzhen Special Economic Zone Residence Permit (hereinafter referred to as the residence permit).
Article 3 The management of residence registration and residence permit services for non Shenzhen registered permanent residents shall follow the principles of managing according to law, safeguarding rights and interests, optimizing services, facilitating people and being efficient.
Article 4 The municipal and district people's governments shall incorporate the management of residence registration and residence permit services for non Shenzhen registered permanent residents into the national economic and social development plans and annual plans, and into the management system of social management comprehensive governance objectives, establish assessment and evaluation mechanisms, and gradually realize the equalization of basic public services.
Article 5 The municipal and district public security organs shall be responsible for the acceptance, examination and issuance of residence registration and residence permit applications.
The municipal development and reform department is responsible for the policy formulation and comprehensive coordination of the management of residence permit services.
The municipal government affairs service data management department is responsible for coordinating the construction of information systems related to residence registration and residence permit service management and the integration, sharing and application of relevant information.
The municipal and district education, civil affairs, finance, human resources security, housing construction, transportation, health, market supervision and other departments are responsible for the management of services related to residence permits according to the division of responsibilities.
Article 6 The rental housing management agencies, sub district offices and community service management agencies may, according to the entrustment of the public security organs, engage in specific work such as residence registration, acceptance and issuance of residence permit applications. The required funds shall be guaranteed by finance.
Chapter II Residence Registration
Article 7 The system of voluntary declaration by declaration obligors shall be implemented in residence registration. If a person with non deep household registration lives in the Special Zone, the reporting obligor shall, in accordance with the provisions of these Regulations, voluntarily report the residence registration information of the person with non deep household registration to the public security organ or an institution entrusted by the public security organ.
Article 8 If the residence of a person who is not registered in Shenzhen is a leased house, the lessor shall be the reporting obligor.
If the residence of a person who is not registered in Shenzhen is the dormitory of the employer or the school, the employer or the school shall be the declaration obligor.
If the residence of non Shenzhen residents is a hotel industry or a bath, sauna, massage or other business service place with the function of staying overnight, the operator is the declaration obligor.
If the residence of a person who is not registered in Shenzhen is a self purchased (built) house, he/she is the reporting obligor.
If the residence of a person who is not registered in Shenzhen is a house other than the one listed in the preceding paragraph, the residence provider shall be the reporting obligor.
Where the house is actually managed by others, the actual manager is the reporting obligor.
Article 9 The reporting obligor shall report the following residence registration information of non Shenzhen residents:
（1） Name, gender, nationality, date of birth, type and number of ID card;
（2） Domicile address and current residential address;
（3） Marital status, educational level, occupation and service place, identity relationship between cohabitants with non Shenzhen household registration;
（4） Time of moving in and out of the current residence;
（5） Other information required by laws and regulations.
Article 10 The reporting obligor may report the residence registration information through the Internet, or go to the public security organ or the institution entrusted by the public security organ to report the residence registration information.
Article 11 The following reporting obligors shall immediately report their residence registration information:
（1） The lessor or the actual manager of the leased house with hours and days as the lease term;
（2） Hotel industry unit;
（3） Operators of bath, sauna, massage and other business service places with lodging function.
Article 12 The following reporting obligors shall report the residence registration information within seven days from the date of entry or removal of non Shenzhen registered permanent residence personnel:
（1） The lessor or the actual manager of the leased house does not take hours or days as the lease term;
（2） The employer that provides dormitory for employees.
If the lessee of the house uses the leased house to provide residence for non Shenzhen residents, the non Shenzhen residents shall provide the lessee with true, accurate and complete residence registration information and show valid identity documents; The lessee of the house shall provide the lessor or the actual manager with the residential registration information of the non Shenzhen registered person within three days from the date of the non Shenzhen registered person's move in or move out.
Article 13 The reporting obligors other than those specified in Articles 11 and 12 of these Regulations shall report the residence registration information within 15 days from the date of entry and 15 days from the date of moving out of the residence of non Shenzhen residents. Those who have not lived for less than 15 days may not declare their residence registration information.
Article 14 Persons without deep household registration shall provide the declaration obligor with true, accurate and complete residence registration information and show valid identity documents.
Article 15 The public security organ and the rental housing management agency entrusted by the public security organ shall conduct spot checks on the residential conditions of non Shenzhen residents; If it is found that the residence registration information of non Shenzhen residents is not declared or the declared information is untrue, inaccurate and incomplete, it shall be collected or supplemented.
When the public security organ and the rental housing management agency entrusted by the public security organ spot check the residential situation of non Shenzhen residents or collect the residential registration information of non Shenzhen residents, the relevant units or individuals shall cooperate.
Article 16 The reporting obligor shall report to the public security organ or the relevant department in a timely manner if it finds that the person who reports the residence registration information and his cohabitants are engaged in the following illegal or criminal activities using their residence:
（1） Illegally engaged in road transportation, Internet cafes, leisure and entertainment, food processing, hotel industry, catering, training, job introduction, marriage introduction, real estate intermediary and other business activities;
（2） Gambling, drug taking, drug trafficking, prostitution, whoring, producing or selling pornographic materials, forging certificates, printing illegal publications, producing or selling counterfeit and shoddy goods, harboring criminals, harboring or selling stolen goods;
（3） Pyramid selling or pyramid selling in disguised form, illegal practice of medicine, illegal recovery of renewable resources;
（4） Illegally manufacturing, storing or dealing in inflammable, explosive, toxic, radioactive and other dangerous goods and controlled instruments;
（5） Other illegal and criminal activities.
After receiving the report, the public security organ or the relevant department shall deal with it in a timely manner according to law.
Article 17 The house lessor or the actual manager shall not lease the house to persons without identity documents.
Chapter III Administration of Residence Permit
Article 18 The residence permit is the legal certificate for non Shenzhen residents to enjoy the corresponding rights and interests and participate in the management of social affairs in the Special Zone.
Article 19 When applying for a residence permit, a person who is not a person with deep household registration shall simultaneously meet the following conditions:
（1） Have legal and stable residence in the Special Zone. If a person who is not registered in Shenzhen has lived continuously for 12 months from the date of residence registration to the date of application for a residence permit, he or she shall be deemed to have a legal and stable residence;
（2） Have a legal and stable career in the Special Zone. If a person who is not registered in Shenzhen has participated in social insurance in the Special Zone for 12 consecutive months or has accumulated 18 months in the two years prior to the date of applying for a residence permit from the date of residence registration to the date of applying for a residence permit, he or she shall be deemed to have a legitimate and stable occupation.
Non Shenzhen residents who meet the talent introduction regulations of the Special Zone and are receiving full-time secondary and higher education (vocational) education in the Special Zone may directly apply for a residence permit if they go through residence registration in the Special Zone in accordance with the provisions of these Regulations.
Article 20 A person who is not a person with deep household registration (hereinafter referred to as the applicant) may apply to the public security organ or an institution entrusted by the public security organ, or through the Internet. The applicant shall provide relevant identity information and recent photos.
The public security organ and relevant departments shall verify the residence registration, social insurance and other records of the applicant. If the conditions are met, the public security organ shall issue a residence permit within 15 working days from the date of acceptance; If the conditions are not met, the applicant shall be given reasons within seven working days from the date of acceptance. If the applicant requests a written reply, the public security organ shall give a written reply within three working days.
Article 21 The format of the residence permit shall be formulated, uniformly made and issued by the municipal public security organ.
Those who apply for a residence permit for the first time will be exempted from the cost of production; For the replacement, renewal or re application of residence permit, the cost shall be borne by the applicant.
Article 22 If the residence permit is damaged or the information recorded on the card is changed, the holder of the residence permit (hereinafter referred to as the holder) may apply for a new permit. When receiving a new certificate, the original certificate shall be returned. If the residence permit is damaged or lost, a new one may be applied for.
Article 23 The residence permit shall be endorsed once a year. The holder may apply for a residence permit for endorsement within 60 days before the expiration of each year from the date of issuance of the residence permit. If no endorsement is made within the time limit or the validity period of the endorsement expires, the use function will be suspended.
Article 24 A holder who applies for a residence permit for endorsement shall simultaneously meet the following conditions:
（1） There will continue to be legal and stable residences. If the holder has completed residence registration in the Special Zone for eight months in total within one year prior to the date of application for endorsement, it shall be deemed to have continued to have a legal and stable residence;
（2） Continue to have a legitimate and stable career. If the holder has participated in social insurance in the Special Zone for a total of eight months in the year prior to the date of application for endorsement, it shall be deemed that he or she continues to have a legitimate and stable occupation.
Non Shenzhen residents who meet the talent introduction regulations of the Special Zone and are receiving full-time secondary and higher education (vocational) education in the Special Zone may directly apply for residence permit endorsement if they go through residence registration in accordance with these Regulations.
Article 25 The holder may apply for endorsement at the public security organ or the institution entrusted by the public security organ, or through the Internet.
The public security organ and relevant departments shall verify the residence registration, social insurance and other records of the holder. If the conditions are met, the public security organ shall sign immediately; If the conditions are not met, the reasons shall be explained to the licensee immediately.
The use function of the residence permit shall be suspended for two years to apply for a supplementary endorsement. If the conditions are met, the use function of the residence permit shall be restored from the date of endorsement.
Article 26 An employing unit may apply for a residence permit and endorsement on behalf of a person who has not registered in Shenzhen who has established a labor relationship with it, and a school may apply for a residence permit and endorsement on behalf of a student who has not registered in Shenzhen who has received full-time secondary and higher education (vocational) education. No fees shall be charged for the application.
The public security organs and the institutions entrusted by the public security organs shall provide convenience for the employing units and schools to apply for residence permits and endorse on their behalf.
Article 27 Under any of the following circumstances, the public security organ shall cancel the residence permit:
（1） The use function of the residence permit has been suspended for two consecutive years;
（2） The holder has changed to a resident of Shenzhen Municipality;
（3） Obtaining a residence permit through fraud;
（4） Other circumstances stipulated by laws and regulations.
If the residence permit is cancelled, a new residence permit may be applied for in accordance with the conditions prescribed in Article 19 of these Regulations.
Article 28 No organization or individual may forge or alter a residence permit or use a forged or altered residence permit.
Article 29 No unit or individual may detain a residence permit unless the public security organ performs its duties according to law.
Article 30 The municipal and district people's governments and the public security organs shall take measures to cooperate with other public service institutions and commercial institutions to facilitate the use of residence permits and expand their functions.
Chapter IV Rights and Interests of Holders
Article 31 The holder may, in accordance with the relevant provisions of the State and the Special Zone, enjoy the following rights and interests:
（1） Apply for a motor vehicle driving license, go through the registration and inspection procedures of motor vehicles;
（2） Apply for ordinary passport, Hong Kong Macao pass, Taiwan pass and endorsement;
（3） Apply for vocational skill training subsidies and vocational skill appraisal subsidies;
（4） Apply for basic public health services;
（5） Apply for basic family planning services;
（6） Apply for free premarital health examination;
（7） Apply for basic funeral service subsidies;
（8） Apply for residence certificate and identity related certificate;
（9） Other rights and interests stipulated by the municipal people's government.
In addition to the rights and interests specified in the first paragraph of this article, the holder who meets the conditions such as the length of residence, the length of employment, and the length of social insurance coverage stipulated by the Municipal People's Government can also enjoy the corresponding rights and interests in public culture, employment support, basic public education, social assistance, housing security, and other aspects in accordance with relevant regulations. The specific measures shall be formulated separately by the Municipal People's Government.
Article 32 If the holder is a disabled person or his immediate family members who live with him are disabled persons, he may, in accordance with the relevant provisions of the State and the Special Zone, enjoy the rights and interests of rehabilitation, education and training, employment assistance and other rights and interests of disabled persons provided by social organizations for disabled persons in the Special Zone.
Article 33 If the holder meets the household entry conditions such as the number of years of residence, the number of years of employment, and the number of years of social insurance coverage stipulated by the Municipal People's Government, he or she may apply to become a resident of Shenzhen.
Article 34 A holder may, in accordance with the relevant provisions of the State and the Special Zone, participate in the community organizations in his or her place of residence and participate in the management of economic, cultural and social affairs in his or her place of residence.
Article 35 The holder may apply for the corresponding rights and interests at the relevant departments or through the Internet. The residence permit or information of the residence permit shall be presented at the time of application.
After examining the residence permit or verifying the information on the residence permit, the relevant department shall provide the corresponding rights and interests in accordance with the relevant provisions of the State and the Special Zone.
Chapter V Information Management Services
Article 36 The information of residence registration and residence permit service management shall be incorporated into the unified public information resource database and government affairs service system of the whole city for management and application.
Article 37 The relevant departments shall input the information of non Shenzhen registered permanent residence personnel collected by their own departments into the municipal public information resource database and the government affairs service system. Relevant information shall be input at one time, shared by multiple parties, information exchange and resource sharing.
The information of non Shenzhen registered permanent residents includes name, gender, nationality, birth date, type and number of ID card, digital photo, registered permanent residence address, current residential address, marital status, education level, family planning, occupation and service place, personal relationship, social insurance, integrity record, etc.
When relevant departments and units accept applications for residence permits and provide corresponding rights and interests, if relevant information already exists in the municipal public information resource database and government affairs service system, they shall not ask the applicant to provide it repeatedly.
Article 38 A person who is not a person with deep household registration may inquire about his/her residence registration information or residence permit information free of charge; The declaration obligor may inquire the residence registration information of non Shenzhen registered permanent residents in the residence provided by it free of charge. The relevant departments shall provide convenience.
Article 39 The public security organs, relevant departments, entrusted institutions and their staff shall keep confidential the information of non Shenzhen registered permanent residents according to law.
No unit or individual may disclose, trade or illegally use the information of non Shenzhen registered permanent residents.
Chapter VI Legal Liability
Article 40 Where a reporting obligor violates the provisions of Article 9, Article 11, and Paragraph 1 of Article 12 of these Regulations by failing to report or falsely reporting the residence registration information provided by a person who is not a person with deep household registration, the public security organ shall order it to make corrections and impose a fine of 500 yuan per person according to the standard of the number of persons who fail to report or falsely report the residence registration information.
Where a declaration obligor violates the provisions of Article 13 of these Regulations by failing to declare or falsely declaring the residence registration information provided by persons who are not registered in Shenzhen, the public security organ shall order it to make corrections and impose a fine of 200 yuan per person according to the standard of the number of persons who fail to declare or falsely declare the residence registration information.
Article 41 If a person who is not a person with deep household registration, in violation of the provisions of the second paragraph of Article 12 and Article 14 of these Regulations, refuses to provide residential registration information or provides false residential registration information to the reporting obligor or the house lessee, the public security organ shall order him to make corrections and impose a fine of 500 yuan.
If the lessee of the house violates the provisions of the second paragraph of Article 12 of these Regulations by failing to provide the lessor or the actual manager with the residence registration information of non Shenzhen residents or providing false residence registration information, the public security organ shall order it to make corrections and impose a fine of 500 yuan per person according to the standard of the number of people who do not provide or falsely provide residence registration information.
Article 42 Where any unit or individual concerned, in violation of the provisions of the second paragraph of Article 15 of these Regulations, refuses to cooperate with the public security organ and the rental housing management agency entrusted by the public security organ to conduct spot checks or collect the residence registration information of non Shenzhen residents, the public security organ shall order it to make corrections and impose a fine of 1000 yuan.
Article 43 Where the house lessor or the actual manager, in violation of the provisions of Article 16 of these Regulations, discovers that the person who reports the residence registration information and his or her cohabitants have used their residence to engage in illegal or criminal activities without reporting, the public security organ shall impose a fine of not less than 2000 yuan but not more than 5000 yuan; If the circumstances are serious, a fine of 5000 yuan shall be imposed, and if the circumstances meet the provisions of the Law of the People's Republic of China on Administrative Penalties for Public Security, a detention of not more than five days shall also be imposed. If the reporting obligor other than the house lessor or the actual manager violates the provisions of Article 16 of these Regulations and finds that the person who reports the residence registration information and his cohabitants fail to report illegal or criminal activities by using their residence, the public security organ shall impose a fine of not less than 1000 yuan but not more than 3000 yuan.
If anyone uses his residence to engage in illegal or criminal activities, in addition to punishing the offender according to law, the public security organ may issue a restriction order according to law to restrict the use of the residence for rent, business and other purposes, or seal up or order him to stop using the residence if he does not meet the fire safety regulations.
Article 44 Where a house lessor or the actual manager, in violation of the provisions of Article 17 of these Regulations, leases the house to people without identity documents to live in, the public security organ shall impose a fine of 1000 yuan per person for the number of tenants; The illegal gains, if any, shall be confiscated.
Article 45 Whoever, in violation of the provisions of Article 28 of these Regulations, forges or alters a residence permit or uses a forged or altered residence permit shall be fined 3000 yuan by the public security organ and detained for not less than 10 days but not more than 15 days in accordance with the provisions of the Law of the People's Republic of China on Administrative Penalties for Public Security; If the circumstances are relatively minor, he shall be fined 1000 yuan and detained for not less than five days but not more than 10 days in accordance with the Law of the People's Republic of China on Administrative Penalties for Public Security; If a crime is constituted, criminal responsibility shall be investigated according to law.
The forged or altered residence permit shall be confiscated and destroyed by the public security organ. Other certificates handled with forged or altered residence permits shall be declared invalid or withdrawn for cancellation by the issuing authority; The administrative license obtained by using the forged or altered residence permit shall be revoked by the administrative license organ according to law; The relevant departments shall stop providing the corresponding rights and interests enjoyed by using forged or altered residence permits and recover the property that has been issued.
Article 46 Whoever, in violation of the provisions of Article 29 of these Regulations, unlawfully detains a residence permit shall be ordered by the public security organ to return it, and a fine of 500 yuan per certificate shall be imposed according to the amount of the residence permit detained.
Article 47 If anyone, in violation of the provisions of Article 39 of these Regulations, divulges, trades in or illegally uses the information of non Shenzhen residents, the public security organ shall impose a fine of 1000 yuan per person according to the standard of 1000 yuan per person who has been divulged, traded in or illegally used the information; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 48 Where an enterprise or individual is subject to administrative punishment in violation of the provisions of these Regulations, the public security organ shall notify the credit investigation institution of the information on the illegal acts of the relevant unit or individual to enter it into the enterprise or individual credit investigation system for the inquiry of the unit or individual in accordance with the relevant provisions.
Article 49 If a public security organ or a relevant department and its staff fail to perform their duties in accordance with the provisions of these Regulations, they shall be investigated for administrative responsibility according to law; Those who infringe upon the legitimate rights and interests of non Shenzhen registered permanent residence personnel or seek improper interests for non Shenzhen registered permanent residence personnel, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 50 If a party refuses to accept a specific administrative act involving residence registration or management of residence permit service, he may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law.
Chapter VII Supplementary Provisions
Article 51 The relevant provisions of these Regulations on residence registration shall apply to foreigners residing in the Special Administrative Region, residents of Hong Kong and Macao Special Administrative Regions, and residents of Taiwan, unless otherwise stipulated by the State; The relevant provisions of these Regulations on residence permits shall not apply to foreigners residing in the Special Administrative Region, residents of Hong Kong and Macao Special Administrative Regions, and residents of Taiwan.
Article 52 The "Shenzhen Residence Permit" and "Shenzhen Temporary Residence Permit" handled in accordance with the "Interim Measures of Shenzhen Municipality for Residence Permit" and the "Tentative Measures of Shenzhen Municipality for Residence Permit" are still valid on the date of the implementation of these Regulations, and the holder who meets the conditions specified in Article 19 of these Regulations may apply for a new permit free of charge within 12 months after the implementation of these Regulations. The "Shenzhen Residence Permit" and "Shenzhen Temporary Residence Permit" shall continue to be valid before the renewal of the new permit; After the new certificate is renewed, the holding time is calculated continuously; If the applicant does not apply for renewal or does not meet the application conditions specified in Article 19 of these Regulations, the Shenzhen Residence Permit and Shenzhen Temporary Residence Permit will become invalid 12 months after the implementation of these Regulations.
Article 53 The specific measures for the administration of residence registration and residence permits shall be formulated by the Municipal People's Government and implemented simultaneously with these Regulations.
Article 54 These Regulations shall come into force as of June 1, 2015.