Some Opinions on Encouraging Personnel Who Study Abroad to Serve This Country

关于鼓励海外留学人员以多种形式为国服务的若干意见

Promulgating Institution: Ministry of Personnel; Ministry of Education; Ministry of Science and Technology; Ministry of Public Security; Ministry of Finance

Document Number: Ren Fa[2001] No.49

Promulgating Date: 05/14/2001

Effective Date: 05/14/2001

颁布机关: 人事部; 教育部; 科学技术部; 公安部; 财政部

文      号: 人发[2001]49号

颁布时间: 05/14/2001

实施时间: 05/14/2001

Personnel who study abroad are concerned about socialist modernization construction and vigorous development of Chinese Nationality, and possess strong patriotic enthusiasm and desirability to serve this country. From foundation of the People's Republic of China, batches of personnel who studied abroad with achievements returned to this country, and became backbone and academic and technological foregoers in aspects of science, education, culture, health, etc. Meanwhile, personnel who studied and worked abroad served this country, and made, via diversified means, remarkable contributions to economic and social development with their mastered advanced scientific, technological, and management knowledge. With the implementation of developing China by science and education and elite strategy, adjustment of national industrial structure, expedition of scientific and technological innovations and fast development of domestic economy and society provide broad space and domain for personnel who study abroad to return home and serve their homeland. In recent years, the state and various localities in succession formulated a series of polices on encouraging personnel who studied abroad to return home to work, which attracted a large number of personnel who study abroad to return home to work and boosted the development of various industries such as economy, science and technology, etc. In order to exploit adequately resources of personnel who study abroad, and to encourage personnel who study and work abroad to serve their homeland by diversified means, we hereby propose the following opinions:

    海外留学人员关心国家的社会主义现代化建设和民族的振兴,具有强烈的爱国热情和为国服务的愿望。新中国成立以来,一批批学有成就的留学人员回国工作,成为我国科教文卫等各条战线的骨干力量和学术技术带头人;同时在海外学习和工作的留学人员以他们掌握的先进科技和管理知识,通过多种方式为国服务,为我国经济社会发展作出了贡献。随着科教兴国和人才战略的实施,国家产业结构的调整,科技创新的加快和国内经济社会的快速发展,给海外留学人员回国工作和为国服务提供了广阔的空间和领域。近年来,国家和地方相继制定了一系列关于鼓励海外留学人员回国工作的政策措施,吸引了大批留学人员回国工作,促进了我国经济、科技等各项事业的发展。为充分开发海外留学人才资源,鼓励在海外学习和工作的留学人员以多种方式为祖国服务,特提出如下意见:

I. "Personnel who study abroad serve this country" shall mean: personnel who are studying abroad, or work abroad after completion of their school studies, and professional organizations of personnel who study abroad develop various activities to boost economic and social development of this country with advantages of their specialties and professional organizations by diversified means such as doing part-time job in this country, being entrusted to develop cooperative research in or out of this country, returning to this country to give lectures, conducting academic and technological exchange, launching enterprises in this country, engaging in review and consultation activities, developing agency services, etc.

       一、海外留学人员为国服务是指我在海外学习或完成学业后在国外工作的留学人员及海外留学人员专业团体,以自己的专业和专业团体的优势,通过在国内兼职,接受委托在国内外开展合作研究,回国讲学、进行学术技术交流,在国内创办企业,从事考察咨询活动,开展中介服务等形式,为促进国家经济社会发展而开展的各种活动。

II. This country encourages personnel who study abroad to serve this country by diversified means.

1. Personnel who study abroad are encouraged to be engaged by domestic colleges, universities, national key (open) laboratories, engineering technological research centers, enterprises, and institutions to concurrently hold technical posts, or posts of consultants or honorary office. Personnel who study abroad and obtain their PhD Degree may do their postdoctoral research in domestic mobile postdoctoral centers or postdoctoral scientific research centers.

2. Personnel who study abroad are encouraged to cooperate with domestic colleges, universities, scientific research institutes, and enterprises on research with advanced science and technology, equipment, and funds. Cooperative research may be conducted by means of cooperation between individuals and units, between individual, or between units. Research may be carried out in foreign countries or regions, or in this country permanently or temporarily. The state encourages personnel who study abroad to cooperate with domestic enterprises and institutions, and to establish cooperative research and development centers in or out of this country.

3. Personnel who study abroad are encouraged to receive scientific research projects under domestic entrustment, and to develop research and development activities in foreign countries and regions, or to entrust relevant domestic research units and organizations to develop research and development work of foreign scientific research projects.

4. Personnel who study abroad are encouraged to launch enterprises by transformation of or buying shares with patents, know-how, and scientific research achievements, etc., or to launch professional consultation companies with knowledge in exclusive knowledge, techniques, and information science, or to invest in this country with self-owned or introduced funds.

5. Personnel who study abroad are encouraged to cooperate with or be entrusted by relevant domestic units to help domestic employer units to train personnel with support of overseas conditions of scientific research, education, and training organizations.

6. Personnel who study abroad are encouraged to engage in technological introduction, scientific and technological review and consultation, to develop activities of exchange of various academies and techniques in western regions, with fund support of this country according to the relevant provisions of this country.

7. Personnel who study abroad are encouraged to register agencies in this country to provide agency service for introduction of foreign capital, technology and projects, to contact foreign experts to hold activities of exchange of various academies and techniques in China, to establish contact with foreign academic and technical organizations, to develop international communication and cooperation on science and technology and economy, and to establish agency service of recommendation or marketing for domestic products' entry into international market in foreign countries and regions.

Beside the aforesaid means, personnel who study abroad are encouraged to create more means to serve this country in the service practice. Professional organizations, academic and technical organizations, sodalities of personnel who study abroad are encouraged to exercise collective advantages, and develop various activities to serve this country.

       二、国家鼓励海外留学人员采取多种方式为国服务。

    1.鼓励海外留学人员在国内高校、科研院所、国家重点(开放)实验室、工程技术研究中心及各类企业、事业单位受聘兼任专业技术职务、顾问或名誉职务。取得博士学位的海外留学人员可以到国内博士后科研流动站、博士后科研工作站做博士后。

    2.鼓励海外留学人员利用先进科学技术、设备和资金等条件,与国内高等学校、科研院所、企业单位进行合作研究。合作研究可以采取个人与单位、个人与个人或单位与单位的合作形式进行。研究工作可以在国外,也可长期或短期回国内进行,国家鼓励留学人员与国内企事业单位合作,在国内或国外建立合作研究开发基地。

    3.鼓励海外留学人员接受国内委托的科研项目,在国外开展研究、开发活动;也可委托国内有关研究单位、团体,开展接受国外科研项目的研究开发工作。

    4.鼓励海外留学人员以专利、专有技术、科研成果等在国内进行转化、入股,创办企业;或以专有知识、技能、信息等开办专业性咨询公司;可以自有资金或引进资金在国内投资。

    5.鼓励海外留学人员依托海外的科研、教育、培训机构等条件,与国内有关单位合作或接受委托,帮助国内用人单位培养人才。

    6.鼓励海外留学人员到西部地区从事技术引进、科技考察、咨询服务,开展各种学术、技术交流活动,国家按有关规定予以资金支持。

    7.鼓励海外留学人员在国内注册中介机构,为国内引进外资、技术、项目等提供中介服务;联系外国专家来中国举办各种学术技术交流活动,建立与国外学术技术团体的联系,开展科技经济方面的国际交流与合作;在国外建立从事为国内产品开拓国际市场推介营销等中介服务。除上述方式外,鼓励留学人员在服务实践中创造更多的方式为国服务。鼓励海外留学人员专业团体、学术技术协会、联谊会等社团组织发挥集体优势,开展为国服务的各种活动。

III. The state provides policy guarantee for activities of personnel who study abroad to serve this country.

1. The state provides conveniences for these personnel's services for this country in various disciplines and technological fields. Cooperative research and development projects of some disciplines and specialties with internationally advanced level and international competitive power may be supported by the state with funds through prescribed channels.

2. According to international practice, cooperative units for which personnel who study abroad work shall pay them reasonable remuneration. Units may negotiate with temporarily engaged personnel who study abroad on remuneration according to their achievements. Such personnel who engage in agency activities may collect agency service charges or commissions. If joining cooperative research, or launching joint venture enterprises, personnel who study abroad may participate in distribution with patents, inventions, know-how, or management.

3. All localities and departments and employer units shall, according to demand of personnel and financial conditions, allocate earmarked funds to support activities of personnel who study abroad to serve this county appropriately. Personnel who study abroad and engage in national key research projects and return to this country for providing service for a short term, upon their applications and approval of these applications, may be supported by appropriate outlay by the state, local people's governments and employer units according to projects and assignment they undertake.

4. The intellectual property of personnel who study abroad shall be protected. Knowledge rights and interests in such respects as know-how, technological patents, scientific and technological achievements, or scientific research achievements researched and developed under cooperation or entrustment enjoyed by personnel who study abroad shall be guaranteed. Shares of personal scientific research achievements in distribution of income from intellectual property shall be negotiated with the cooperative units in advance, and personnel who study abroad shall share them according to the relevant provisions. Income after payment of income taxes may be exchanged into foreign currencies and remitted out of this country.

5. The state encourages various localities and departments and employer units to create favorable working and living conditions for personnel who study abroad to serve this country. Personnel who study abroad are encouraged to conduct scientific and technological development and transformation of scientific and technological achievements in economic development areas, hi-tech development areas, and business establishment parks in this country, and shall enjoy preferential polices. Various relevant departments shall provide necessary support for personnel who study abroad and launch enterprises in this country, simplify formalities, reduce procedures, and provide service in such aspects as registration of enterprise, land use, industry and commerce, taxation, and commercial inspection, etc.

6. Entry and exit convenience may be provided to hi-tech and high-level management personnel with foreign nationalities among personnel who study abroad and hold posts in China. Valid "F" visa for multiple entry with valid period of more than one year but no more than five years may be issued to personnel who may enter this country temporarily for multiple times according to practical conditions. Residence certificates for foreigners with valid period of more than one year but no more than five years may be issued to personnel who stay in China for a long-time according to practical conditions. "Z" visa for multiple returns with the same valid period as the residence certificates for foreigners may be issued to personnel who enter and leave this country for multiple times simultaneously. Permanently valid residence certificates for foreigners may be issued to personnel (including their spouses and minor children) who apply for living permanently in China The aforesaid personnel must provide proof documents issued by the Department of International Communication and Cooperation of the Ministry of Education, the Development of Technical Personnel Management of the Ministry of Personnel or local personnel departments at the department or bureau level. Personnel who obtain permanent residence right in foreign countries or regions, may enjoy treatments for local resident in such aspects of purchasing residential houses, enrollment in school and nursery for their children, etc. depending on certification of personnel departments at and above the municipal (vice provincial level) level and Chinese passports.

7. Where personnel who study abroad launch enterprises in this country, or establish cooperative research and development base, and need to employ persons with degree at and above bachelor's degree, local personnel departments shall support and help them according to the relevant policies, and provide personnel agency service.

       三、国家为海外留学人员为国服务活动提供政策保障。

    1.国家在各学科和技术领域为海外留学人员为国服务提供方便。对在某些学科和专业处于世界领先水平,具有国际竞争力的合作研究开发项目,可按国家现行规定渠道获得经费支持。

    2.按照国际惯例,海外留学人员为国服务的合作单位要给付合理报酬。对短期聘用的留学人员,单位可根据其业绩大小,经双方协商确定协议报酬。对从事中介活动的,可收取中介费或佣金。对合作研究、合资创办企业的,留学人员可以专利、发明、专有技术、管理等要素参与分配。

    3.各地区、各部门和用人单位根据人才需要和财力可能,适当拨出专款对留学人员为国服务活动给予一定的经费支持。对从事国家重点研究项目和短期回国服务的留学人员,根据承担的项目和任务,经申请批准,国家或地方政府及用人单位给予适当经费投入。

    4.保护海外留学人员的知识产权。保障留学人员在专有知识、技术专利、科研成果或合作和委托研究开发的科研成果等方面享有的知识权益。个人科研成果在知识产权收入分配中所占份额预先与合作单位商定,留学人员按有关规定分享。所得税后收入可兑换成外汇汇出境外。

    5.国家支持各地区、各部门和用人单位为海外留学人员为国服务创造良好工作和生活条件。鼓励到国内各经济开发区、高新技术开发区、留学人员创业园进行科技开发和科研成果转化,享受优惠政策。在国内创办企业的,各有关部门给予必要支持,在企业注册、土地使用、工商、税务、商检等方面,简化手续,减少环节,提供服务。

    6.对在华任职的留学归来人员中的外籍高科技、高层次管理人才可以提供入出境便利。对需多次临时入境人员,可根据实际需要发给有效期一年以上,最长不超过五年的多次入境有效“F”签证,对需在华常住人员,可根据实际需要发给一年以上,最长不超过五年的外国人居留证,对需要多次出入境的,同时发给与外国人居留证相同期限的多次返回“Z”签证;对申请在华定居(包括其配偶、未成年子女),可批准同意发给永久有效的外国人居留证。上述人员需提供教育部国际交流与合作司或人事部专业技术人员管理司或各地厅局级人事部门的证明文件。对取得国外长期居留权的,可凭中国护照、副省级市以上政府人事部门证明,在购买住房、子女入学入托及就业等方面享受当地居民待遇。

    7.海外留学人员在国内创办企业、建立合作研究开发基地等,根据需要招聘大学本科以上工作人员,各地人事部门要按照有关政策积极支持帮助,并提供人事代理服务。

IV. Personnel who study abroad and make remarkable contributions in the course of serving this country may be publicized and commended under the condition of respecting their respective willingness. Personnel who study abroad and make remarkable contributions in the course of serving this country and units and individuals that make remarkable contributions in the course of encouraging and supporting personnel who study abroad to serve this country shall be commended and awarded according to the relevant provisions of this country.

       四、海外留学人员在为国服务中做出突出贡献的,在尊重本人意愿的情况下进行宣传表彰。对在为国服务活动中做出杰出贡献的海外留学人员及在鼓励、支持海外留学人员为国服务工作中做出卓有成效的单位和个人,根据国家有关规定给予表彰奖励。

V. Various localities and departments shall strengthen leadership over the working of service of personnel who study abroad for this country. Relevant policies suitable for localities and departments shall be researched and formulated to guarantee implementation of this work. New information and new problems in the course of serving this country by personnel who study abroad shall be studied and settled in time, and experience for developing the work of service of personnel who study abroad for this country shall be concluded and communicated seriously. Departments of personnel, education, science and technology, public security, and finance at various levels shall strengthen cooperation with relevant departments, cooperate with each other to form compound force, and do well the work of service of personnel who study abroad for this country.

       五、各地区、各部门要加强对海外留学人员为国服务工作的领导。研究制定适合本地区、本部门特点的有关政策,保证兑现落实。要及时研究解决海外留学人员为国服务中出现的新情况新问题,认真总结交流开展海外留学人员为国服务工作的经验。各级人事、教育、科技、公安、财政等部门要加强与有关部门的合作,互相配合,形成合力,把海外留学人员为国服务工作切实做好。