Earlier, an article about "sudden attention!" Reports that overseas green card holders or naturalists will be forced to withdraw their Chinese hukou have sparked heated debate among readers.
Last night (March 21), the population Office of Shanghai Public Security Bureau responded to related questions.
Next, let the editor sort out for you, the official response to the "overseas naturalization or PR people will be cancelled" related questions.
Official interpretation: "cancellation of household registration" is not a new rule
Shanghai Public Security Bureau official Weibo @ Police through train-Shanghai published an article at 23:00 Beijing time last night [interpretation of Article 46 of the New regulations on the Administration of Shanghai permanent residence hukou], which answers questions about canceling the household registration:
Q: is this rule new?
A: as early as 2003, the Ministry of Public Security promulgated and implemented 30 measures for the convenience of the people, clearly stipulating that those who go abroad and leave the country for more than one year may not cancel their hukou, but those who settle abroad shall cancel their hukou.
In 2005, 2008, 2010 and 2015, the regulations on the Administration of permanent residence in Shanghai, which are revised in 2005, 2008, 2010 and 2015, all have provisions on the cancellation of permanent residence in Shanghai.
Article 46, which will come into effect on May 1, refines the operating procedures on the basis of the original regulations.
Q: according to Article 46, who is required to cancel account registration?
Answer: the person who goes abroad to settle or joins foreign nationality, need to handle cancel account registration. Those who have not settled in a foreign country for a long time shall not be subject to cancellation of the hukou personnel referred to in these provisions.
Q: how do people who settle abroad or join a foreign nationality apply for cancellation of their hukou registration?
A: the above-mentioned personnel apply for cancellation of their hukou registration. According to their application, persons of foreign nationality need to provide foreign passports; those who settle abroad need to provide foreign visas with reasons such as immigration, settlement, and obtaining the right of abode in foreign countries.
Both types of personnel are required to provide proof of identity and residence brochure. If you need someone to do it, you must entrust a lawyer to handle it or a notary public, and the agent must provide proof of identity.
Q: how does the public security organ cancel the residence of those who have not applied for cancellation of their hukou?
A: after investigation, the public security organs have grasped the evidence that the parties concerned hold visas issued by the parties in the country of residence containing reasons such as immigration, settlement, and obtaining permanent residence rights, as well as the fact that they live in foreign countries for a long time, and hold that they are actually residing abroad. May cancel its account.
Q: can you resume when you cancel your account abroad?
Answer: those who cancel their hukou return to settle in China can resume their hukou. Among them, those who have the status of overseas Chinese shall be examined and approved by the Municipal Office of overseas Chinese; those who do not have the status of overseas Chinese shall be examined and approved by the immigration administration department of the Municipal Public Security Bureau.
The summary is as follows:
Persons who have become members of a foreign nationality or have settled abroad are required to register and cancel their domicile on their own initiative;
If there is no resident abroad who has applied for cancellation of his registered residence on his own initiative, the public security organ may unilaterally cancel his account if he has sufficient evidence after the investigation;
Those who have not settled in a foreign country for a long time do not belong to the scope of personnel who need to cancel their accounts on their own initiative;
After the cancellation of the hukou and then return to settle, after the overseas Chinese Office and immigration management departments after approval can be restored to the household registration.
In a nutshell, the official interpretation of Shanghai Public Security this time is the same as that of some readers yesterday:
This time, Shanghai, as a pilot cancellation account, is mainly targeted at expatriates and Chinese nationals who have settled abroad. If you don't live abroad for a long time, you don't have to worry about it.
1. Cancellation account ≠ cancellation of China account
Many people think hukou is equal to nationality, so yesterday's news, worried that they are about to become stateless.
One mistake that must be corrected is: hukou ≠ nationality.
Chinese hukou, which represents the right to reside in a legally registered place, in other words, means that you are a resident of the domicile; Chinese nationality is the basis for China's diplomatic protection of those who have Chinese nationality.
In other words, nationality means you are a citizen of this country. According to Xihai, household registration refers to the "register of registered residents", or "household registration book", commonly referred to as the "household registration book" or "household registration book."
It can be seen that Shanghai will implement the new regulations (< regulations on permanent residence in Shanghai >), does not involve nationality issues.
And legally, even if you are granted permanent residency in Australia or other countries, you are still Chinese as long as you do not become a national of another country.
In other words, whether or not the household registration has been cancelled, Chinese or Chinese, as Qiu Yuanping, director of the overseas Chinese Affairs Office of the State Council, put it, "the mother's family or the mother's family."
To obtain a permanent residence abroad ≠ must cancel the account.
In yesterday's news, it was mentioned that joining foreign countries would require the cancellation of domestic accounts. The Shanghai Public Security Bureau also responded: "those who have not been permanently settled in foreign countries shall not be subject to cancellation of registered permanent residence within the meaning of these regulations."
However, Shanghai Public Security has not responded to the definition of "overseas Chinese" defined by the Office of overseas Chinese Affairs (two years of residence in the country for more than 18 months and five years of residence in the country for a cumulative period of not less than 30 months).
Since the new rules will not be implemented until May 1, we will have to wait for further official answers to the rules.
Account write-off does not equate to permanent write-off
With regard to Shanghai's new household registration rules, the focus should be on those Chinese who already own green cards from other countries but still hold Chinese passports and identity cards.
"the editor has also received messages from many readers and backstage comments asking them that one thing they are very concerned about is that if they cancel their domestic hukou now, then if they return home, will they never have a hukou?"
According to the authoritative interpretation of the identification of overseas Chinese issued by the overseas Chinese Affairs Office of the State Council on October 18, 2017:
With regard to "holding a long-term residence in a foreign country and a Chinese passport, the policy has abolished the registration and identity card of China's hukou", "in accordance with the provisions of the resident identity Law, overseas Chinese who are authorized to return to China and settle down shall meet the requirements for applying for a resident identity card."
Overseas Chinese who apply for repatriation and settlement may submit to the overseas Chinese Affairs Department of government of the local people at or above the county level where the proposed settlement place is intended. If the conditions are met, the overseas Chinese Affairs Department of the provincial or municipal level of government shall issue the Certificate of return and settlement of overseas Chinese. The overseas Chinese themselves shall apply for permanent residence registration in the county-level public security organs of the place to be settled in accordance with the Certificate of return and settlement of the overseas Chinese, and obtain the resident identity card. "
In other words, even if the household registration is revoked, overseas Chinese can still return to their hukou. The account is not permanently revoked.
In addition, even Chinese who have joined the foreign countries can renounce the nationality they joined and restore Chinese nationality if the proof is perfect. For more information, please refer to the previous article: "if you are confused about entering foreign nationality, what do you do if you want to restore Chinese nationality?" Hands teach you to retrieve Chinese nationality.
Cancellation of account does not affect entitlement to pension
Many readers have also left messages expressing concern about the benefits of cancelling their accounts. For this, the official interpretation is: cancellation of hukou will not affect pension and other household issues.
Many Chinese worked at home and paid social security or pensions before going abroad. They also have other concerns, such as whether the cancellation of the account will affect the domestic pension.
Employees of Shanghai Municipal Bureau of Human Resources and Social Security said, "if he goes abroad to settle before retiring, he will terminate his social security relationship, and his pension will be fully refunded to his personal account;" In the case of retired expatriate settlers, they are required to provide an annual 'survival certificate' and receive a monthly pension. "
Therefore, the cancellation of the hukou, do not affect overseas Chinese normal pension.
Thus it can be seen that the Shanghai regulation is in fact a further refinement of the relevant regulations on household registration management in China.
Some domestic self-media have even interpreted the new Shanghai rule as simply aimed at cracking down on some potential corruption elements, and if PR holders have enough time to live at home and abroad respectively, there is no need to worry about the cancellation of their domicile.
In other words, the new Shanghai rule is not an embarrassment to overseas Chinese, nor does it require excessive interpretation.
Annex: methods for cancellation and restoration of household registration after the implementation of the new rules on household registration
What if I want to cancel my account?
So, if you have joined or are ready to join a foreign country, or if you intend to cancel your domestic residence for a variety of reasons, how can you cancel your domestic residence?
"cancellation of the account requires your foreign permanent residence certificate and related translation, or a foreign passport. If you live permanently in Hong Kong, Macao and Taiwan, remember to bring your Hong Kong, Macao and Taiwan identification. "
Secondly, the domestic household register and ID card. In addition, remember to download the application form for household registration on the official website of the Public Security Bureau.
If you are overseas, you need to entrust someone else and sign a certificate of commission.
What if I want to reinstate my hukou?
After the cancellation of the hukou, then talk about if overseas Chinese compatriots want to return to settle, how to restore the household registration method.
The previous articles provided in the link above have been muddled into foreign nationality. What do you want to do when you want to restore Chinese nationality? Hand in hand to teach you to recover Chinese nationality "has mentioned a series of procedures for the restoration of nationality, here is a brief description of the content of the process."
Restoration of the account requires a series of certificates and materials, the specific process can be seen in the following figure.
