Guangzhou temporary residence permit

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Provisions of Guangzhou Municipality on the Administration of Floating Population

(decree number. Guangzhou Municipal People's Government 10)

The Regulations of Guangzhou Municipality on the Management of Floating Population has been discussed and passed at the executive meeting of the municipal government 13 4 1 on April 5, 2008, and is hereby promulgated and shall come into force as of August 18, 2008.

Mayor of Zhang Guangning

Press release issued on July 5, 2008

Provisions of Guangzhou Municipality on the Administration of Floating Population

Chapter I General Principles

Article 1 These Provisions are formulated in accordance with relevant laws and regulations and combined with the actual situation of this Municipality in order to standardize the management and services of floating personnel, safeguard their legitimate rights and interests, maintain social order and promote the harmonious development of society.

Article 2 These Provisions shall apply to the management and service of floating personnel within the administrative area of this Municipality.

Article 3 The term "floating population" as mentioned in these Provisions refers to persons who have no household registration in this Municipality and temporarily reside in the administrative area of this Municipality.

In accordance with the Interim Measures for the Implementation of the Guangdong Residence Permit for the Introduction of Talents in Guangdong Province, these provisions shall not apply to those who have obtained the residence permit in Guangdong.

Article 4 The Municipal People's Government shall be responsible for organizing and coordinating the implementation of these Provisions.

The comprehensive coordination mechanism of floating population management of the district and county people's governments is responsible for organizing and coordinating the management and service of floating population within their respective jurisdictions.

Sub-district offices and floating personnel management service agencies of the Town People's Government shall be responsible for the specific work of floating personnel management and service within their respective jurisdictions in accordance with these Provisions.

Article 5 The administrative departments of development and reform, education, ethnic and religious affairs, public security, civil affairs, justice, finance, personnel, labor and social security, land and housing management, construction, transportation, health, population and family planning, industry and commerce, informatization, urban management and comprehensive law enforcement at all levels shall, according to their respective functions and duties, do a good job in the management and service of floating personnel.

The relevant social organizations and institutions of the foreign people's government in Guangzhou shall assist the relevant administrative departments of this Municipality in the management and service of floating personnel.

Units and individuals that recruit migrant workers (hereinafter referred to as employers) shall perform their management responsibilities for the recruited migrant workers according to law, and do a good job in the daily management and service of the recruited migrant workers.

Article 6 This Municipality protects the legitimate rights and interests of migrant workers according to law, respects the customs and habits of migrant workers from ethnic minorities, and prohibits any infringement of their personal rights, property rights and other legitimate rights, and insults and discrimination against migrant workers.

Migrant workers should consciously abide by the law, fulfill their legal obligations, maintain social public order and respect social morality.

Article 7 The management and service of floating personnel shall follow the principles of legality, fairness, consistency of rights and obligations, and equal emphasis on service and management.

Without legal basis or legal approval, no administrative department or institution may charge floating personnel, charge any fees in disguised form or attach any obligations.

Article 8 People's governments at all levels shall fully consider the development status and needs of floating population when formulating various economic and social development plans in their respective administrative areas.

People's governments at all levels shall include the funds needed for the management and service of floating personnel into the normal financial budget.

Chapter II Rights Protection and Service

Article 9 Floating personnel holding temporary residence permits within the administrative area of this Municipality (hereinafter referred to as temporary residence permits) shall enjoy the following conveniences and public services in this Municipality in accordance with these provisions:

(a) for motor vehicle driving license, motor vehicle registration, annual examination procedures;

(two) to apply for legal aid and volunteer assistance to social organizations;

(three) enjoy family planning technical services, pre-marital health care, maternal health care services, children enjoy planned immunization and child health care services;

(four) in accordance with the relevant provisions of the declaration and evaluation of professional and technical qualifications and participate in relevant examinations;

(five) to participate in all kinds of academic education and non-academic education and vocational skills training in accordance with the relevant provisions, and to apply for national vocational qualification appraisal;

(6) Declaring scientific and technological achievements;

(7) using community public service facilities;

(eight) in accordance with the relevant provisions of this Municipality, apply for permanent residence of urban residents in this Municipality;

(nine) the convenience and public services stipulated by other government regulations and administrative normative documents of this Municipality.

Tenth migrant workers have the right to complain to the relevant administrative departments when their legitimate rights and interests are illegally interfered or infringed. The relevant administrative departments shall deal with it in time and inform the complainant of the result.

Public security, labor and social security and other administrative departments, comprehensive coordination institutions for the management of floating personnel and management service institutions shall promptly deal with violations of the personal rights, property rights and labor rights of floating personnel, and promptly inform the infringed floating personnel of the handling situation. Need to be resolved through judicial procedures, the relevant administrative departments shall give guidance.

Article 11 The administrative departments and institutions related to the management of floating personnel shall, in accordance with the relevant provisions on the disclosure of government information, promptly publish the relevant working conditions, procedures, time limits, charging standards, complaint methods, and the catalogue of materials and demonstration texts to be submitted for the convenience of floating personnel.

Twelfth migrant workers who have made outstanding contributions to the city can be commended and rewarded if they meet the conditions of recognition and reward stipulated by laws and regulations.

Chapter III Residential Affairs Management

Thirteenth of the floating population in this city to implement temporary registration and temporary residence permit management system.

The temporary registration and temporary residence permit management of floating personnel shall be organized and implemented by the public security organs. Entrusted by the public security organs, the street and township floating population management service agencies do a good job in the daily management of floating population temporary registration, temporary residence permit issuance, information collection and so on.

Fourteenth/kloc-migrant workers over 0/6 years of age shall go through the temporary registration at the management service agencies of migrant workers in the streets and towns where they live temporarily.

Migrant workers who temporarily stay in hotels and guest houses shall register their accommodation in accordance with the regulations. Accommodation registration is regarded as temporary residence registration.

Fifteenth migrant workers who intend to live in this city for more than 30 days and have reached the age of 16 shall apply for a temporary residence permit when registering for temporary residence.

People who come to study, visit relatives, travel, vacation, medical treatment, inspection and business trip in this city shall not apply for temporary residence permits.

Sixteenth migrant workers for temporary registration, temporary residence permit, should provide my identity card or other valid identity documents, truthfully fill in the information registration form for migrant workers;

The Registration Form of Floating Personnel Information includes the following contents:

(1) Name, gender, date of birth, nationality, marital status, household registration address, ID number and education level;

(2) Residential address (including original residential address, current temporary address or proposed temporary address);

(3) Employment situation;

(4) family planning;

(5)/kloc-Number, name, sex, date of birth and relationship with accompanying minors of minors under 0/5;

(six) the contents of the temporary residence permit have changed;

(7) Other matters.

Seventeenth street, town floating personnel management service institutions shall issue temporary residence permits to the applicant within 7 days from the date of accepting the application for temporary residence permits.

Eighteenth temporary residence permits are valid for 3 months, 6 months, 6+0 years and 2 years respectively, and shall not exceed the validity period of the holder's resident identity card or other valid identity documents.

If it is still necessary to stay in this city after the expiration of the temporary residence permit, it shall apply for renewal to the original issuing authority or the floating personnel management service institution where the temporary residence and employment unit are located within 0/0 days before the expiration of the validity period; If it is not renewed within the time limit, the temporary residence permit will be invalid.

Nineteenth temporary residence permits should be numbered uniformly.

Registration, issuance and renewal of temporary residence permits shall not be charged.

Article 20 If the temporary address and employment unit of floating personnel change, it shall, within 3 days from the date of change, go to the original issuing authority or the floating personnel management service agency where the temporary residence and employment unit are located to register the change of temporary residence permit.

If the temporary residence permit is lost or damaged, it shall apply to the original issuing authority for a replacement.

Article 21 It is forbidden to forge, alter, buy or sell temporary residence permits or use forged or altered temporary residence permits.

Twenty-second in addition to the public security organs to perform official duties according to law, no organization or individual may detain or confiscate the temporary residence permit of floating personnel.

Entrusted by the public security organs, the street and town floating personnel management service agencies shall examine the temporary residence permits of floating personnel within the prescribed jurisdiction, and shall be conducted by two or more staff members, and produce law enforcement certificates or work permits.

Twenty-third rental housing to migrant workers without temporary residence permits, the lessor shall require them to immediately apply for temporary registration and temporary residence permits; When registering a house lease contract, the lessee's temporary residence registration certificate or temporary residence permit shall be provided.

Twenty-fourth married migrant workers of childbearing age shall, within 15 days from the date of their arrival in this city, submit their marriage and childbearing certificates to the family planning management institutions in the streets and towns of this city and accept family planning management.

Family planning management departments and institutions at all levels shall strengthen family planning management and services for floating personnel in accordance with the law, and increase family planning verification information on their temporary residence permits for floating personnel who submit marriage and childbearing certificates, and conduct daily supervision and inspection. If it is found that it has not submitted the marriage and childbirth certificate, it shall be dealt with in time according to law.

Twenty-fifth migrant workers with children under the age of 7 should hold temporary residence permits to register with the health and epidemic prevention institutions in the streets and towns where they live, and receive planned immunization for children in time.

Kindergarten institutions and primary schools in this Municipality shall check their planned immunization when receiving children from kindergartens and schools; Children who have not accepted or have not accepted the planned immunization prescribed by the state in the whole process should be replanted in time before entering kindergarten.

Twenty-sixth migrant workers can not produce temporary residence permits, labor and social security, population and family planning, land and housing management, education and other departments shall not handle labor and employment, technical services for basic family planning projects, housing lease registration, children's enrollment and other procedures.

Chapter IV Employment Affairs Management

Twenty-seventh migrant workers employed in this city shall hold the following valid certificates:

(1) ID card and temporary residence permit;

(two) family planning certificate (except unmarried floating population);

(3) Other documents as prescribed by laws and regulations.

Where an employer recruits floating personnel, it shall require them to provide temporary residence permits; If there is no temporary residence permit, it shall be handled immediately or required to be handled immediately.

Twenty-eighth migrant workers employment employment filing system.

The filing system of labor employment shall be organized and implemented by the municipal labor security administrative department.

Article 29 The employing unit shall, within 30 days from the date of recruiting migrant workers, go through the labor and employment filing procedures at the administrative department of labor security, the employment service management institution for migrant workers or the labor and social security service institution in the streets and towns; If the employing unit continues to employ migrant workers, it shall go through the employment filing procedures within 30 days from the date of continuing to employ them.

The institution that accepts the filing application shall examine the copy of the temporary residence permit for migrant workers submitted by the employer, the labor contract signed and other related materials; Meet the conditions, immediately go through the filing formalities for the employer, and issue the Labor Employment Filing Certificate and the Guangdong Employment and Unemployment Handbook within 15 days.

Article 30 When employing migrant workers, the employing unit shall sign and perform labor contracts with them according to law, implement conditions for safe production and labor protection, and protect the legitimate rights and interests of migrant workers according to law.

The administrative department of labor security shall strengthen the supervision and inspection of the performance of labor contracts.

Article 31 The employing unit shall strictly implement the laws and regulations on wage payment, abide by the minimum wage system and pay wages in full and on time.

The administrative department of labor security shall establish a wage payment guarantee system for migrant workers and monitor the wage payment of employers.

Article 32 The employing unit shall go through the formalities of participating in social insurance for the employed floating personnel in accordance with the regulations.

Article 33 Where an employing unit and a migrant worker dissolve or terminate the labor contract, it shall issue a certificate of dissolution (termination) of the labor contract to the worker, and shall, within 15 days from the date of dissolution or termination of the labor contract, go through the formalities of termination or transfer of social insurance at the social insurance agency according to the Guangdong Employment and Unemployment Handbook, and go through the formalities of termination of employment at the administrative department of labor security, the employment service management institution for migrant workers or the labor security service institution in the street and town.

Thirty-fourth migrant workers should receive necessary vocational education before employment or employment. Those who engage in technical jobs or special operations stipulated by the state shall obtain professional qualification certificates or special operation qualification certificates.

The employing unit shall undertake the responsibility of on-the-job training for the employed floating personnel, and extract the employee education and training funds in accordance with the relevant provisions of the state for the necessary on-the-job skills training for the employed floating personnel.

Article 35 The administrative department of labor security shall strengthen the supervision and law enforcement of labor security, seriously accept reports and complaints about violations of labor security laws, regulations or rules, and correct and investigate the illegal acts of employers against the rights and interests of floating personnel according to law.

Thirty-sixth migrant workers employment service management institutions shall organize migrant workers to work in cities, and the required funds shall be charged in the management funds of migrant workers.

The contents of migrant workers' education include basic knowledge such as labor security laws and regulations, civic morality, safety in production, public health, family planning and urban life.

Article 37 This Municipality shall, according to the demand of economic development for labor force, implement macro-control on the employment of floating personnel.

The administrative department of labor and social security shall, before the end of each year, predict the number and job demand of migrant workers recruited by employers in the next year, and announce it to the public.

Street, town labor and social security service institutions shall, before the end of each year, register the employer's plan to recruit floating personnel in the next year, and submit it to the administrative department of labor and social security of the district or county-level city. The employing unit shall cooperate with the registration work.

The municipal administrative department of labor and social security can establish labor export bases in other provinces and cities, regularly inform the city of labor demand information, carry out electronic long-distance recruitment, and deliver trained labor in an organized and planned way to employers who have registered the plan of recruiting floating personnel, so as to realize the orderly flow of labor.

Article 38 Employers are encouraged to cooperate with technical schools, vocational schools or vocational training institutions in other provinces and cities to recruit migrant workers who have been organized and trained.

Where an employer goes to other provinces and cities to recruit migrant workers in batches, it shall hold a copy of the business license or organization code certificate, a recruitment brochure, indicate the number and type of employment, and issue a letter of introduction to the administrative department of labor and social security.

Article 39 The municipal, district and county-level public welfare labor market shall grasp the employment demand of the employing units within its jurisdiction, provide employment information to the employing units in a timely manner by using electronic networks, organize the employing units to recruit trained short-term laborers from other provinces and cities in a planned way, and supervise and guide the approved social and professional intermediary agencies according to law.

Fortieth employers and professional intermediary service institutions shall not have the following acts:

(1) Recruiting migrant workers without the certificates specified in Article 27 of these Provisions, or introducing jobs to migrant workers without the certificates specified in Article 27 of these Provisions;

(2) Providing false recruitment information;

(three) to collect the deposit or mortgage from the employed migrant workers;

(four) the seizure of identity documents of floating personnel;

(five) in the name of recruiting migrant workers, seek illegitimate interests or engage in other illegal activities.

Chapter V Information Management

Article 41 The Municipal People's Government shall establish the city's floating population management information system, realize the information sharing of relevant management information systems of governments at all levels and government functional departments, and implement information management of floating population.

Governments at all levels, government functional departments, street and township floating population management service institutions shall carry out floating population management in the city's floating population information system, and transmit all kinds of floating population information collected and generated to the city's floating population information system.

Forty-second the following organizations and individuals shall submit the information of floating personnel in accordance with the following provisions:

(1) When floating personnel apply for temporary residence registration and temporary residence permit, they shall fill in the information registration form of floating personnel in accordance with the provisions of Article 16 of these Provisions;

(two) the lessor shall submit the identity information of the lessee when handling the registration formalities of house lease;

(three) units with their own dormitories shall, within 3 days from the date of accepting migrant workers to stay in their own dormitories, report their basic situation to the management service agencies of migrant workers in the streets and towns;

(4) For the floating population who have no housing lease relationship with the housing owners, users and custodians, but live in their houses by lodging, lodging, direct employment, etc., the housing owners, users and custodians shall urge them to apply for temporary residence registration and apply for temporary residence permits, and report their basic information to the management service agencies of migrant workers in their streets and towns within 3 days from the date of accepting their occupancy;

(5) Street and town floating personnel management service agencies are responsible for collecting the basic information of floating personnel living in vacant houses or illegally built shacks, and informing the local urban management comprehensive law enforcement department or other relevant administrative departments to deal with illegal construction.

The basic information mentioned in the preceding paragraph refers to the contents specified in Items (1) to (5) of Paragraph 2 of Article 16 of these Provisions.

Forty-third neighborhood committees and village committees should strengthen the management of migrant workers, carry out daily inspections, and find that migrant workers in this area have not applied for temporary registration and temporary residence permits, and should urge them to handle them; Refuse to handle, it shall promptly notify the street, town floating personnel management services.

Residential property service enterprises should master the housing rental and the living conditions of floating personnel within the property management area, urge the floating personnel to apply for temporary registration and temporary residence permits, and submit relevant information to the street and town floating personnel management service institutions.

Article 44 The street and town floating personnel management service institutions shall strengthen daily supervision and inspection, master the floating personnel in their respective jurisdictions, and timely notify the relevant administrative departments in writing of the problems and all kinds of illegal and criminal acts found in the supervision and inspection or reflected by relevant organizations and individuals. After the relevant administrative departments deal with it, they shall promptly report the results to the street and town floating personnel management service institutions.

Forty-fifth unless otherwise stipulated by laws and regulations, the information of this Municipality's floating population management information system can be consulted free of charge. The place and method of consultation shall be formulated separately by the administrative department of floating population information system in accordance with these Provisions.

Migrant workers who inquire about their information shall show their temporary residence permits. If the floating personnel think that their information is untrue, they may request the information recording and transmission unit to correct it.

In addition to the state organs performing official duties according to law, employers, lessors and other organizations and individuals need to inquire about the information of floating personnel, and they should obtain their consent and show their temporary residence permits before they can inquire.

Article 46 The administrative departments of this Municipality's floating population management information system, the relevant administrative departments that have mastered the floating population information and other organizations and individuals that know the floating population information through inquiry shall perform the obligation of confidentiality. If the legitimate rights and interests of migrant workers are damaged due to leaks, they shall bear corresponding legal responsibilities according to law.

Chapter VI Legal Liability

Forty-seventh in violation of the provisions of the floating population temporary registration management, housing lease regulations, information reporting regulations, street, town floating population management service institutions shall be ordered to make corrections; Those who fail to make corrections through education shall be punished by the public security organs in accordance with the following provisions:

(a) in violation of the provisions of the fourteenth, fifteenth, twentieth paragraph, did not apply for temporary registration, temporary residence permit, temporary residence permit change registration, punishable by a fine in 50 yuan;

(two) in violation of the provisions of the sixteenth paragraph of this Ordinance, concealing or deceiving the information registration form of floating personnel, a fine of more than 500 yuan 100 yuan shall be imposed;

(three) in violation of the provisions of article twenty-third, the house will be rented to foreigners who have not applied for temporary registration and temporary residence permit, and they will be given a warning and may be fined less than 3 times the monthly rent, but the total fine shall not exceed 30 thousand yuan;

(4) In violation of Item (2), Item (3) and Item (4) of Article 42 of these Provisions, failing to report the information of floating personnel as required, a fine of more than 1 person in 500 yuan shall be imposed, but the maximum amount shall not exceed 30,000 yuan.

Article 48 Whoever, in violation of Article 21 of these Provisions, forges, alters, buys or sells a temporary residence permit or uses a forged or altered temporary residence permit shall be dealt with by the public security organ in accordance with the provisions of Article 52 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment.

Forty-ninth in violation of labor management regulations, the administrative department of labor security shall order it to make corrections; Those who fail to make corrections after education shall be punished in accordance with the following provisions:

(a) in violation of the provisions of the first paragraph of Article 29, if the employer fails to go through the formalities for filing labor and employment in accordance with the provisions, it shall be fined between RMB 1 person and RMB 30,000 per person;

(2) Whoever, in violation of the provisions of the first paragraph of Article 34 of these Provisions, recruits workers who have not obtained corresponding professional qualification certificates to engage in technical jobs shall be given a warning and may be fined 1000 yuan;

(3) Whoever, in violation of Item (1) of Article 40 of these Provisions, recruits migrant workers without temporary residence permits or introduces them to employment shall be fined 1 00 yuan for each recruit or introduction, but not more than 30,000 yuan;

(4) Whoever, in violation of the provisions of Article 40 (3) and (4), collects a deposit or mortgage from the employed migrant workers and detains their identity documents shall be punished in accordance with the provisions of Article 24 of the Regulations on the Employment Management of Migrant Workers in Guangdong Province;

(five) other acts in violation of labor management laws and regulations, shall be punished in accordance with the provisions of relevant laws and regulations.

Fiftieth in violation of the provisions of these measures on family planning management, the family planning administrative department or the street, town floating personnel management service institutions shall be ordered to make corrections; Those who fail to make corrections after education shall be punished by the family planning administrative department in accordance with the following provisions:

(a) in violation of the provisions of the first paragraph of Article 24, there is no family planning certificate or marriage certificate, and it shall be punished in accordance with the provisions of the second paragraph of Article 63 of the Regulations on Population and Family Planning in Guangdong Province;

(II) Whoever, in violation of Item (1) of Article 40 of these Provisions, recruits floating personnel without family planning certificates shall be punished in accordance with the provisions of Paragraph 1 of Article 63 of the Regulations on Population and Family Planning in Guangdong Province;

(three) other acts in violation of laws and regulations on family planning management shall be punished in accordance with the provisions of relevant laws and regulations.

Fifty-first the relevant administrative departments and institutions of the government in violation of these provisions, one of the following acts, shall be investigated for administrative responsibility of the relevant person in charge and the person directly responsible, which constitutes a crime, shall be investigated for criminal responsibility according to law; Those who cause personal injury or economic losses shall be liable for compensation according to law:

(a) in violation of the provisions of the second paragraph of article seventh, illegal fees or additional obligations;

(two) in violation of the provisions of article tenth does not perform or improperly perform the duties of protecting the rights and interests of migrant workers and service management;

(three) in violation of the provisions of article eleventh, do not perform or improperly perform the obligation of government information disclosure;

(four) in violation of the provisions of the fourteenth paragraph, seventeenth, nineteenth paragraph second, do not apply for temporary registration or temporary residence permit, in violation of the provisions of the charges;

(five) in violation of the provisions of article twenty-second, not according to the provisions of the inspection, seizure and collection of temporary residence permits for foreign personnel;

(six) in violation of the provisions of the second paragraph of article twenty-fourth, the first paragraph of article forty-second (five), article forty-fifth, do not perform or improperly perform the duties of floating personnel management and information transmission management;

(seven) in violation of the provisions of the second paragraph of article twenty-fifth, the city's public kindergartens and primary schools have not implemented the planned immunization inspection system;

(eight) in violation of the provisions of the second paragraph of article twenty-ninth, article thirty-seventh, failing to go through the formalities of labor registration for migrant workers according to law, or failing to fulfill the obligation of employment prediction and employment plan registration;

(nine) other acts of dereliction of duty, violation of the legitimate rights and interests of migrant workers.

Chapter VII Supplementary Provisions

Article 52 Except for those who enjoy diplomatic immunity, the protection of rights and interests, temporary registration, information management, housing lease, health and epidemic prevention, and employment of foreigners, overseas Chinese and Hong Kong, Macao and Taiwan residents who need to live in this city for more than 30 days shall be implemented with reference to these provisions, unless otherwise stipulated by laws and regulations.

The relevant administrative departments of the fifty-third Municipal People's Government shall, in accordance with these Provisions, formulate specific implementation measures for the management and service of floating personnel.

Article 54 These Provisions shall come into force as of August 6, 2008. Where the government regulations and administrative normative documents issued by this Municipality before the implementation of these Provisions have different provisions on the management of floating personnel, these Provisions shall prevail.