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Several
Provisions of the Beijing Municipality Concerning the Encouragement
of Returned Students to Start Business in Beijing
Beijing Municipal People Government April 30,2000 Article
1 These Provisions are hereby formulated to encourage returned students
to start business and work with a view to accelerating the development
of the Zhongguancun Science and Technology Park and giving an impetus
to the development of hi-tech industry and construction of innovation
system. Article 2 For the purpose of these provisions, interned
student means a student sent abroad by the government or going to
study abroad at his/her won expenses, who holds degree higher than
bachelor(including bachelor degree),or a specialized technical person
and management person having senior job title. Article 3 A returned
student may come to Beijing either to start business or work in
following manners: (1)To start up a proprietary or joint venture
hi-tech business by taking shares for his/her invested technology
or making investment; (2)To start up or lease various kinds of
economic entities and R&D institutes; (3)To foster academic
exchanges, R&D cooperation or undertake research projects; (4)To
take up post or work part-time job in an institution, big or medium
sized SOE and other economic organization; (5)To enter a post-doctoral
mobile station in order to do post-doctoral research; (6)To work
in a Beijing overseas-based firm or institution; (7)In ways other
than the above. Article 4 A returned student shall not be subject
to the restrictions of the place of his/her residence permit issued
prior to his/her departure if he/she comes to start business or
work in Beijing. He/she may file application to the municipal personnel
bureau for Beijing (Returned Student)Work/Lodge Permit on the basis
of the certification issued by the employing unit or license given
by the industrial & commercial bureau He/she may reside for
a longer period or work for a brief period and comes and goes without
any restrictions. Article 5 Those students (including their spouses
and children)who have become citizens of countries other than China
can apply to the public security bureau for Foreigners Residence
Permits good for two years and multiple-entry visas for one year
on the basis of their Beijing(Returned Student)Work/Lodge Permits.
Those coming to Beijing for a short time and fail to leave as scheduled
may apply for visa extensions. Should they fail to obtain entry
visas due to time constraints or for other reasons, they can apply
for visa on arrival at the entry port pursuant to applicable provisions.
The departments concerned shall simplify the procedures for those
students that go overseas again to get employed, pursue advanced
studies, or make study trips or attend related academic activities.
Article 6 If those students that start business or get employed
holders of Chinese passport wish to obtain permanent Beijing residence
permits, they may do so by applying to the municipal public security
bureau which shall process their applications inconformity with
relevant provisions. Spouses and children under 18 years old of
those students having Beijing residence permits may move to Beijing
without paying the charge for the number of children born in variance
with the family planning. One of the working children may follow
their parents that have no children living with them. Article
7 Those students that come to Beijing to start business or get employed
for a brief period may be allotted houses by their employing units
by way of contract. Those students Chinese passport holder may purchase
commercial residential houses or economical ones or purchased public
houses approved for sale in districts under the jurisdiction of
Beijing municipality on the basis of Beijing(Returned Student)Work/Lodge
Permit. Article 8 The education and administrative departments
concerned of the district or country where the business-starting
or working students are inhabiting shall be responsible for admittance
into the kindergarten of the students pre-schooling age children
and the schooling or transfer of their children that are in the
compulsory education stage, at no cost other than that regulated
by the government. Those children already studying in overseas universities
or colleges may apply for joining the class in the middle of the
course in Beijing universities or colleges. Those taking part in
nationwide post-graduate enrollment exams may enjoy preferential
treatment by the Beijing universities provided that the former have
the same academic level. Article 9 If the returned students are
to start business in Beijing, they could register on the basis of
their Chinese passports and their registered capital can be fixed
in accordance with the applicable minimum requirements. Article
10 The proceeds or income earned by returned students from transfer
of technology, technology development business and related technical
consultancy or tech-nical service shall be exempted from tax provided
that the business or service have been certified by the departments
concerned. Returned students who start up hi-tech business in the
Zhongguancun Science Park area are entitled to preferential policy
enjoyed by other hi-tech firms in Beijing. Article 11 The legitimate
income or earning obtained by returned students from their new business
and their employers in the Zhongguancun Science Park shall be taxable
according to the law. They may convert the total net income into
foreign currencies and take it out of the country or remit it after
check by the taxation department and the issuance of a special voucher.
Article 12 The hi-tech projects and products developed and produced
by returned students may apply for the funding of Science and Technology
Industry Fund of the Municipal Commission of Science & Technology.
Certain percentage of funding will be envisaged in the annual municipal
science & technology budget so that it can finance research
activities of the returned students and give interest discount loans
to the hi-tech start-up business of the students. Article 13 Returned
students who are engaged in R&D, technical transformation projects
and research projects on which they have patents and inventions
as well as projects relating to new-tech developments in Beijing,
shall be provided by the employing units with experiment facilities,
equipments and other indispensable condition. Furthermore, they
may be provided with essential funding and allowed by the units
to select and employ their assistants either in China or from abroad.
Article 14 If returned students need to import insignificant amount
of chemical agents, raw material and accessory parts for research
purpose in their start-up business and work, their work units shall
file applications to the customs administration. The above items
may be imported duty-free after approval. The foreign exchange needed
can be purchased from the designated bank upon approval by the foreign
exchange control department on the basis of valid certificates and
commercial documents, Article 15 A returned student who comes
back to work within one year after his/her graduation may purchase
one Chinese-made car tax-free pursuant to the Provisions of the
Customs Administration Regarding the Purchase of Car for Personal
Use by the Students Retuning to Serve China. A returned student
who has worked more than one year in Beijing, or a returned student
who has acquired permanent residence right or foreign citizenship
may take out of or bring into China a reasonable amount of luggage,
durable consumer goods and one car in conformity with the Provisions
Governing the Amount of Articles Foreign Experts Are Entitled to.
Article 16 The remuneration of a returned student employed by
Beijing firm and institution shall be determined in a favorable
manner through due consultation between the employing unit and the
employed student. If he/she is employed by a firm, the firm may
fix its own pay scales. If he/she is employed by the institution,
the employed student can be given a pay scale more favorable than
that of the same category of staff members in the work unit. And
a special recruitment post allowance amounting to no more than 10
times his/her wage can be given to the student who has made distinguished
contribution. Article 17 Returned students employed by the municipal
science, education and public health institutions or firms to take
up professional or technical posts shall not be subject to the job
title quota. Those who have not acquired professional or technical
titles shall be conferred job titles by the municipal personnel
bureau on the basis of their experience overseas and academic aptitude.
Those who have obtained practitioners qualification mutually recognized
by China and the country concerned may go direct to the departments
concerned to have their professional of technical practitioners
qualification certificates processed. Article 18 The length of
service of a returned student shall be calculated taking into account
his/her working years before leaving for overseas as well as time
elapsed since his/her return. Those years that could be calculated
in succession should be calculated as such pursuant to applicable
provisions of the State. The student can take part in social security
pursuant to Beijing provisions. Article 19 The municipal science,
education, public health and other institutions are encouraged to
recruit returned students to work in Beijing. They are not subject
to the restrictions of staff size and personnel increase quote,
wage fund and wage amount of a unit in question. Article 20 The
municipal government has set up a Returned Student Business Development
Award in recognition of the outstanding contributions made by returned
students. The award-winners may apply for projects from the science
and technology progress award and other awards pursuant to applicable
provisions. Article 21 With a view to attracting returned students
to start up business and work in Beijing, the construction of returned
student pioneering park shall be intensified. And an information
databank regarding returned students is to be established and a
network window for similar purpose is also planed highlighting the
latest development of science and technology in Beijing, and key
industry information as well as relevant policy advice concerning
returned students. Article 22 The legitimate rights and interests
of the returned students shall be protected according to law. In
line with the laws and provisions, the intellectual achievements,
legitimate earnings and other rights and interests of the students
shall be protected. Article 23 The municipal personnel bureau
shall be responsible for the certification of a returned student
and the coordination among various departments concerned for the
provision of a quality, rapid and convenient one-stop service there
by creating favorable environment for returned students to start
business or work. Article 24 The municipal personnel bureau shall
be responsible for the interpretation in any question arises from
the implementation of these Provisions. Article 25 These Provisions
shall go into effect as of May 1,2000.They shall prevail if any
earlier Provisions are in conflict with these ones. |