Implementation next month! This large province of overseas Chinese affairs has legislated to protect the rights of overseas Chinese!
Whenever there is news concerning the "protection of the rights and interests of overseas Chinese," friends of overseas Chinese will always be very concerned.
Whether it is life or work, overseas Chinese are inevitably involved in identity authentication, exit and entry, social insurance, investment and entrepreneurship, charitable donations and other matters in China. Everything is related to the rights and interests of overseas Chinese and requires legal protection.
Recently there was good news!
The Standing Committee of the Hainan Provincial People's Congress recently formulated and officially issued the "Regulations on the Protection of the Rights and Interests of Overseas Chinese in Hainan Province" (hereinafter referred to as the "Regulations"), which will be implemented on January 1, 2021.
The "Regulations" clarify the protection of the rights and interests of overseas Chinese in terms of basic rights protection, investment and entrepreneurship protection, services and guarantees.
Xiao Qiao will show you what you are concerned about in the Regulations.
Full of dry goods
Article 3 of the "Regulations" stipulates that the protection of the rights and interests of overseas Chinese shall follow the principle of equal protection.
Overseas Chinese enjoy the rights of citizens as stipulated in the Constitution and laws and regulations, and fulfill their obligations as citizens stipulated in the Constitution and laws and regulations.
Regarding the issue of returning to China, which is of great concern to overseas Chinese, Article 9 of the Regulations clarifies that if an overseas Chinese applies to settle in this province and meets the conditions prescribed by the province, the competent department of overseas Chinese affairs at or above the county level shall accept and issue a certificate of overseas resettlement, and the public security organs shall rely on the overseas Chinese returning to the country. The settlement certificate and other materials that need to be submitted for inspection shall go through the permanent residence registration procedures for the applicant.
Overseas Chinese with inconsistent identity information at home and abroad who apply to settle in this province and are verified to meet the prescribed conditions shall be handled in accordance with the provisions of the preceding paragraph.
The overseas Chinese have a loud voice in the problem of identity certification. Article 10 of the "Regulations" also clearly stipulates that overseas Chinese shall handle finance, education, medical care, transportation, telecommunications, social insurance, property registration, accommodation registration, commercial registration, marriage registration and other matters in the province. If you need to provide identification, you can prove your identity with your People’s Republic of China passport.
Photo by Shang Hongbo
Article 15 of the "Regulations" clarifies matters related to pension insurance.
Overseas Chinese who have participated in the basic old-age insurance before they go abroad and settle down can choose to keep their personal accounts of basic old-age insurance, or apply for a one-time settlement; if they choose to keep, when overseas Chinese return to live or work in the province again, their basic old-age insurance relationship shall be Provisions for continuation, payment period and cumulative calculation of personal account balance.
Article 18 of the "Regulations" clearly states that overseas Chinese have the right to possess, use, profit and dispose of all their houses, and no unit or individual shall infringe.
If the real estate that overseas Chinese built, purchased, inherited, or accepted as a gift meets the requirements of laws and regulations, the real estate registration agency shall register in accordance with the law.
Article 19 clarifies that if there is no change in the property right of the homestead originally used by overseas Chinese in rural areas and the homestead acquired by inheriting houses, they can apply for real estate registration according to law.
In addition, the vital rights and interests related to overseas Chinese participation in politics, investment and entrepreneurship, children's schooling, charitable donations, etc. are all clarified in the "Regulations."
Intensive introduction of local regulations
In recent years, many provinces and cities in China have actively explored ways to protect overseas Chinese through legislation to respond to the concerns of overseas Chinese.
A series of local regulations have been issued one after another.
In October 2015, China's first provincial-level local regulation to protect the rights and interests of overseas Chinese-the "Regulations on the Protection of the Rights and Interests of Overseas Chinese in Guangdong Province" was implemented.
Since then, Fujian, Hubei, Shanghai, Zhejiang, Hainan and other places have successively promulgated regulations.
The Standing Committee of the Beijing Municipal People's Congress also included the "Regulations on the Protection of the Rights and Interests of Overseas Chinese in Beijing" in the new five-year legislative plan of the National People's Congress in 2018, officially launched the legislative process in 2019, and included it in the 2020 demonstration project.
On June 16, 2016, Fujian Province held an expert discussion meeting on the "Regulations on the Protection of the Rights and Interests of Overseas Chinese in Fujian Province".
Image source: Fujian Overseas Chinese Network
In the absence of legislation on the protection of the rights and interests of overseas Chinese at the national level, various provinces and cities have intensively promulgated regulations on protecting the rights and interests of overseas Chinese to make up for the lack of protection of overseas Chinese rights and to promote the sustainable development of overseas Chinese affairs.
National level legislation advancement
Over the years, the National People's Congress and its Standing Committee have attached great importance to the protection of the rights and interests of overseas Chinese, and the legislative work has been continuously advancing.
The 2015 and 2016 legislative work plans of the State Council listed the formulation of a law on the protection of the rights and interests of overseas Chinese as a research project, and the Overseas Chinese Affairs Office and other departments carried out basic work such as research and demonstration.
On June 4, 2018, the Standing Committee of the National People's Congress announced the "Opinions and Recommendations on the Report on the Protection of the Rights and Interests of Overseas Chinese", marking a new level of protection for overseas Chinese in accordance with the law.
Data map: On April 25, 2018, the second meeting of the 13th National People's Congress Standing Committee was held in Beijing.
Photo by China News Agency reporter Du Yang
On October 21 this year, the Overseas Chinese Committee of the National People’s Congress, the Overseas Chinese Affairs Office of the State Council, the Hong Kong, Macao and Taiwan Overseas Chinese Committee of the National Committee of the Chinese People’s Political Consultative Conference, the Zhi Gong Party Central Committee, and the Chinese Federation of Overseas Chinese held a symposium at the Great Hall of the People in Beijing to commemorate the promulgation of the "Law on the Protection of the Rights and Interests of Returned Overseas Chinese of the People’s Republic of China" 30th Anniversary.
At the meeting, Bai Ma Chilin, vice chairman of the Standing Committee of the National People’s Congress, pointed out that in the face of tremendous changes in the world, national conditions, and overseas Chinese conditions in the past 30 years, in the face of the opportunities and challenges brought about by major changes unseen in a century, the new era of overseas Chinese affairs The pattern needs to be formed, and the rule of law for overseas Chinese affairs in the new era needs to be improved and strengthened.
It is necessary to further improve the legal system for the protection of the rights and interests of returned overseas Chinese and overseas Chinese, effectively strengthen the supervision of the implementation of laws and regulations related to overseas Chinese, focus on improving the livelihood of overseas Chinese, promote the reform and innovation of overseas Chinese affairs, maximize the strength of overseas Chinese, and closely unite the majority of overseas Chinese and returned overseas Chinese. Realize and share the Chinese dream.
Source: China Overseas Chinese Network WeChat Official Account (ID: qiaowangzhonggugo) Editor: Ran Wenjuan
Source: Hainan Provincial People's Congress official website, China News Service, China Overseas Chinese Network