Measures for the protection of rights and interests of returned overseas Chinese in Chongqing?

Protect the legitimate rights and interests of returned overseas Chinese and their relatives. How did Chongqing implement the Law on the Protection of the Rights and Interests of Returned Overseas Chinese in People's Republic of China (PRC)? The following are the measures for Chongqing to implement the Law on the Protection of the Rights and Interests of Returned Overseas Chinese in People's Republic of China (PRC). Welcome to read!

Measures of Chongqing Municipality on Implementing the Law of People's Republic of China (PRC) Municipality on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families

Article 1 In order to protect the legitimate rights and interests of returned overseas Chinese and their relatives, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families and the Measures for the Implementation of the Law of People's Republic of China (PRC) on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families, combined with the actual situation of this Municipality.

Article 2 Returned overseas Chinese refer to overseas Chinese who have returned to China to settle down. Overseas Chinese refer to China citizens who are designated to live abroad.

The family members of overseas Chinese refer to the family members of overseas Chinese and returned overseas Chinese in China, including their spouses, parents, children and their spouses, brothers and sisters, grandparents, grandchildren and grandchildren, and other relatives who have long-term support relations with overseas Chinese and returned overseas Chinese.

Article 3 The identity of returned overseas Chinese and their relatives shall be confirmed by the overseas Chinese affairs department of the people's government at or above the county level according to law.

After the death of overseas Chinese and returned overseas Chinese, the status of overseas Chinese relatives confirmed by their domestic family members according to law remains unchanged.

If the marriage relationship with overseas Chinese, returned overseas Chinese and their children is dissolved or the dependency relationship with overseas Chinese and returned overseas Chinese is dissolved according to law, their kinship status will be lost by themselves.

Article 4 The people of * * * Autonomous County in cities and counties shall attach importance to and strengthen the protection of the legitimate rights and interests of returned overseas Chinese and their relatives, and include the funds for overseas Chinese affairs in the fiscal budget at the corresponding level for protection.

City and county * * * Autonomous County * * * people * * institutions responsible for overseas Chinese affairs shall organize and coordinate relevant departments to do a good job in protecting the legitimate rights and interests of returned overseas Chinese and their relatives, and organize supervision and inspection of the implementation of laws and regulations on the protection of the rights and interests of returned overseas Chinese and their relatives within their respective administrative areas.

City and county * * * Autonomous County * * * public security, industry and commerce, finance, taxation, human resources and social security, civil affairs, education, land and housing management and other relevant departments shall, within the scope of their respective functions and duties, do a good job in protecting the legitimate rights and interests of returned overseas Chinese and their relatives.

Township people * * * and neighborhood offices shall, according to the characteristics of returned overseas Chinese and their relatives, rely on the community service network, make comprehensive use of various social resources, and do a good job in safeguarding and serving the rights and interests of returned overseas Chinese and their relatives within their jurisdiction.

Fifth overseas Chinese who have been approved to settle in this city, the relevant departments shall go through the relevant procedures in accordance with the relevant provisions of the state and this city; Belonging to the shortage of talents in this city, the relevant departments should give priority to employment.

For overseas Chinese who come to work in this city but don't settle down, with valid certificates, they can enjoy the treatment of citizens in terms of buying a house, starting a nursery for their children, entering a school, entering a higher school and taking a bus.

Article 6 The Municipal People's Congress and the people's congresses of * * * Autonomous County with a large number of returned overseas Chinese and their relatives shall have a certain number of returned overseas Chinese representatives.

Article 7 federations of returned overseas Chinese at all levels or federations of returned overseas Chinese and their relatives are people's organizations representing the interests of returned overseas Chinese and their relatives, and should actively safeguard the legitimate rights and interests of returned overseas Chinese and their relatives according to law. People's governments at all levels and their relevant departments shall give support and help to their work.

Returned overseas Chinese and their relatives have the right to apply for the establishment of other social organizations according to law, and carry out legal social activities suitable for the needs of returned overseas Chinese and their relatives in accordance with their respective articles of association.

All legitimate rights and interests and property of social organizations established by returned overseas Chinese and their relatives according to law are protected by law, and no unit or individual may occupy or damage them.

Article 8 People at all levels shall encourage, support and guide returned overseas Chinese and their relatives to invest and set up industries, especially high-tech industries, in various forms according to law, and their legitimate rights and interests shall be protected by law.

Enterprises invested by returned overseas Chinese and their relatives, in which the discount of domestic foreign currency and non-monetary investment accounts for more than 25% of the total investment, are confirmed by the Overseas Chinese Affairs Office of the people's government at or above the county level and reported to the relevant departments for approval, and enjoy the treatment of foreign-invested enterprises.

Returned overseas Chinese and their relatives who transfer or license their intellectual property rights to enterprises and institutions in this Municipality may collect transfer fees and license fees in accordance with relevant regulations. Among them, those who invest in the establishment of enterprises with intellectual property rights will gain profits and bear risks according to the proportion of investment.

Article 9 Returned overseas Chinese and their relatives shall invest in the Three Gorges reservoir area of the Yangtze River, poverty-stricken areas, remote areas and ethnic minority areas in this Municipality, develop barren hills, wasteland and beaches, and engage in agricultural, forestry, animal husbandry and fishery production. People at all levels should give policy support in terms of funds and land.

Enterprises invested and established by returned overseas Chinese and their relatives in this Municipality shall enjoy preferential tax reduction and exemption policies in accordance with the relevant provisions of the state and this Municipality.

Tenth returned overseas Chinese and their relatives to introduce foreign capital to set up public welfare undertakings in this city, the local people should support; Those who have made outstanding contributions should be rewarded.

Returned overseas Chinese and their relatives accept the materials donated by relatives and friends for public welfare, and enjoy the treatment of tariff reduction and import value-added tax in accordance with relevant state regulations. Organizations that set up public welfare undertakings or users of donated materials shall respect the wishes of donors, and shall not change the purpose of donation, and shall not sell or misappropriate donated property. No one may intentionally damage the donation sign or occupy the donated property.

Returned overseas Chinese and their relatives donate property to China, and the institutions in charge of overseas Chinese affairs of the people's governments at or above the county level shall, according to the requirements of the donors, assist in handling the relevant entry procedures, assist the donors in implementing the donation projects, and supervise the use and management of donated property according to law.

Eleventh returned overseas Chinese and their relatives have the right to occupy, use, benefit and dispose of their private houses according to law, and no organization or individual may infringe upon them.

Twelfth private houses left over from the history of returned overseas Chinese and their relatives shall be handled in accordance with the relevant policies and regulations of the state.

Thirteenth any units and individuals to rent private houses of returned overseas Chinese and their relatives, must sign and perform the lease contract according to law.

Those who illegally occupy the private houses of returned overseas Chinese and their relatives shall return them unconditionally and compensate the property owners for the economic losses caused thereby.

Article 14 If it is really necessary to expropriate private houses of returned overseas Chinese and their relatives, it shall be implemented in accordance with the relevant provisions of the Regulations of the State Council on Expropriation and Compensation of Houses on State-owned Land and the expropriation of houses on State-owned Land in this Municipality.

Fifteenth returned overseas Chinese and their relatives' legitimate foreign exchange income is protected by law, and no unit or individual may occupy, delay payment, forcibly borrow, illegally freeze or confiscate it.

Sixteenth returned overseas Chinese students, returned overseas Chinese children, overseas Chinese children in this city to take care of in accordance with the following provisions:

* * * A * * * Children of overseas Chinese attending kindergartens, primary schools and middle schools in the guardian's residence of this Municipality shall be treated as children of citizens of this Municipality when handling formalities and charging fees.

* * * II * * * Those who apply for various institutions of higher learning, secondary vocational schools and middle schools shall be taken care of according to the relevant provisions of the state and this Municipality.

Article 17 The local people, their relevant departments, enterprises and institutions shall provide necessary guidance and services in vocational training, job introduction and employment, especially for the unemployed returned overseas Chinese and their relatives, and shall help them realize re-employment.

People at all levels shall safeguard the social security rights and interests of returned overseas Chinese and their relatives according to law. Employers and employees of returned overseas Chinese and their relatives shall participate in local social insurance according to law and pay social insurance premiums in full and on time. All social insurance institutions must pay all social insurance benefits enjoyed by returned overseas Chinese and their relatives in full and on time.

Article 18 People's governments at all levels shall incorporate the work of supporting returned overseas Chinese and their relatives in rural areas to get rid of poverty into the poverty alleviation plan at the corresponding level, and give key support in terms of projects and funds.

Returned overseas Chinese and their relatives who have lost their ability to work and have no source of livelihood or have real difficulties in life shall be given relief by relevant departments at all levels, such as * * * and civil affairs, to ensure their basic livelihood.

For the early returned overseas Chinese identified by the Municipal Overseas Chinese Affairs Office and the Municipal Civil Affairs Department, if their lives are indeed difficult, the local authorities will give appropriate subsidies.

Encourage all kinds of charities and other units and individuals to help returned overseas Chinese and their relatives who have difficulties in life.

Article 19 The contact and communication between returned overseas Chinese and their relatives and friends are protected by state laws, and no unit or individual may restrict or interfere. It is strictly forbidden to destroy, conceal, steal or illegally open the mail of returned overseas Chinese and their relatives. The postal department shall compensate the returned overseas Chinese and their relatives for the loss, damage or shortage of mail.

Article 20 Returned overseas Chinese and their relatives who apply to study and give lectures abroad at their own expense, or who leave the country on business, shall not be required by their unit or school to resign or drop out of school before obtaining an entry visa for the country they are going to; After being allowed to leave the country, he should be allowed to keep his official or school status for at least one year.

Returned overseas Chinese and their relatives apply for leaving the country to settle down, and their units and relevant departments shall go through the relevant formalities in time without undue obstruction or delay; Before obtaining the entry visa of the country of residence, the labor contract shall not be dismissed, expelled or terminated on the grounds of leaving the country for settlement.

Twenty-first returned overseas Chinese and their relatives leave the country to visit relatives, and their work units shall, in accordance with the relevant provisions, grant family leave or personal leave, and shall not make provisions that harm their rights and interests; Returned overseas Chinese and their relatives meeting overseas Chinese in China shall be handled in accordance with relevant state regulations. Returned overseas Chinese and their relatives visiting their children abroad shall be handled in accordance with the relevant state regulations on visiting relatives.

Article 22 Returned overseas Chinese and their relatives who retire in accordance with state regulations are allowed to leave the country for settlement, and the welfare benefits they enjoy in accordance with state regulations remain unchanged. The pension can be entrusted to others, but it is necessary to provide the personal survival certificate issued by the original work unit or the social insurance agency responsible for paying the pension, which is issued by the consular office of China in the foreign country or the notary office of the host country.

Returned overseas Chinese and their relatives who have settled abroad and returned to China for medical treatment after retirement shall enjoy corresponding medical treatment in accordance with relevant local regulations.

Workers of returned overseas Chinese and their relatives who do not meet the retirement conditions stipulated by the state are allowed to leave the country to settle down, go through the formalities of resignation, dismissal and dissolution of labor relations in accordance with the relevant provisions of the state, enjoy one-time severance payment and related treatment in accordance with the relevant provisions of the state, and have already participated in basic old-age insurance and basic medical insurance, and the social insurance agency will settle their expenses in one lump sum in accordance with the relevant provisions of the state and this Municipality, and terminate the relationship between basic old-age insurance and basic medical insurance.

Returned overseas Chinese and their relatives are allowed to leave the country to settle down, and those who participate in other social insurances other than those specified in the preceding paragraph before leaving the country shall enjoy corresponding social insurance benefits in accordance with relevant state regulations.

Twenty-third returned overseas Chinese and their relatives can exchange foreign exchange when they leave the country to visit relatives or settle down. Those who leave the country to settle down, the social insurance money and housing accumulation fund they receive can be converted into foreign exchange in accordance with regulations and remitted or taken abroad.

Twenty-fourth returned overseas Chinese and their relatives who have been allowed to settle abroad are protected by law; Houses that need to be sold or rented shall be handled in accordance with relevant regulations.

After retired * * * retired * * and retired returned overseas Chinese workers leave the country to settle down, their spouses or immediate family members living with * * * can continue to use the original rented public houses, and the rent is paid according to the local unified housing rent standard.

Twenty-fifth returned overseas Chinese and their relatives who apply to settle abroad, visit relatives and friends, inherit property, study abroad at their own expense, etc. , must apply to the public security organ of the county * * * Autonomous County where the household registration is located. The public security organ shall, in accordance with the relevant provisions on exit and entry administration, complete the formalities within ten working days after accepting the application and notify the applicant; Those who apply to leave the country to attend funerals or visit critically ill patients shall be given priority according to the valid documents provided by the applicant.

If the applicant fails to receive the notice of the result within the prescribed time limit, he has the right to inquire, and the relevant public security organ shall give a reply within two working days.

Article 26 In case of violation of the Law of People's Republic of China (PRC) on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families, the Implementation Measures of the Law of People's Republic of China (PRC) on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families and these Measures, the Federation of Returned Overseas Chinese and Their Families has the right to complain and report to the relevant departments and units, and the relevant departments and units shall deal with it in a timely manner according to law and reply to the parties concerned in a timely manner.

Returned overseas Chinese and their relatives may also bring a lawsuit to the people's court according to law. Legal aid institutions shall provide legal aid to returned overseas Chinese and their relatives who have real financial difficulties. The Federation of Returned Overseas Chinese at or above the county level or the Federation of Returned Overseas Chinese and their relatives shall give support and help.

Article 27 The relevant competent department or supervisory organ shall, according to the seriousness of the case, give criticism and education or administrative sanctions to the persons in charge and the persons directly responsible who violate the Law on the Protection of the Rights and Interests of Returned Overseas Chinese in People's Republic of China (PRC) and the Implementation Measures of the Law on the Protection of the Rights and Interests of Returned Overseas Chinese in People's Republic of China (PRC); Causing property losses or other damage, it shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

The relevant competent departments or judicial organs shall promptly and give priority to handling cases involving overseas Chinese. At the same time, inform the people's government at the same level, the Overseas Chinese Affairs Office, the Federation of Returned Overseas Chinese or the Federation of Overseas Chinese.

Twenty-eighth residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region who have settled in this Municipality and their families, as well as the families of foreign Chinese with China nationality living in this Municipality, shall be implemented with reference to these measures.

Twenty-ninth Municipal People's Congress and its relevant departments should formulate corresponding supporting policies according to these measures.

Thirtieth these measures shall come into force as of 20 12+0+0.

ID card processing for returned overseas Chinese and their relatives

Returned overseas Chinese and their relatives, in order to safeguard one of their legitimate rights and interests or implement one of the policies on overseas Chinese affairs, shall, upon the request of the relevant departments or units, submit an application according to law and provide valid identification materials, which shall be submitted to the overseas Chinese affairs administrative department for examination, confirmation and issuance of identification documents.

I. Proof materials to be provided

* * * A * * returned overseas Chinese applying for identity confirmation needs to provide a household registration book, a foreign birth certificate and a passport certificate * * * which has been certified by the foreign affairs department and the relevant country embassies and consulates in China * * *, and the public security management department seals a copy of its entry and exit records, and at the same time, it attaches a description that is consistent with the original * * *, and a certificate issued by the personnel department of the unit according to its own file * * * and a copy of the file.

* * * II * * When applying for identity confirmation, relatives of overseas Chinese should provide identification materials of returned overseas Chinese, relatives of overseas Chinese or foreign Chinese, personal identification materials and kinship certificates issued by the street, town or police station where their household registration is located. Proof of kinship between relatives of overseas Chinese and returned overseas Chinese can also be issued by the unit where either party works according to legal and valid materials.

The identification materials of returned overseas Chinese, relatives of overseas Chinese or foreign Chinese include the household registration book, foreign birth certificate, passport certificate * * certified by the foreign affairs department and relevant countries in embassies and consulates in China, and a copy of the entry-exit record stamped by the public security management department, with a description consistent with the original * * *, and a certificate and a copy of the file issued by the personnel department of the unit according to its own file * *.

My identification materials refer to the household registration book, ID card and other legal and effective materials that can prove my identity.

Proof of kinship includes household registration book, birth certificate, proof of kinship issued by household registration management or unit personnel department according to their own files, and other legal and valid materials that can prove kinship.

Second, go through the appraisal procedures.

The applicant shall submit an application to the overseas Chinese affairs administrative department of the county, city and district where the permanent residence is located with the above-mentioned relevant certification materials, receive an application form and submit valid identification materials.