Beijing,November 5(chinacourt.org) Article 1 (Purpose and Basis) For the purposes of carrying on effectively the intake of experts from abroad, of pushing forward the exchange of international talented Article 2 (Definition) The term “experts from abroad” used in the present Procedures means the overseas professionals in various fields who hold (including Article 3 (Administrative Principle and Administrative department) In Shanghai, the intake of experts from abroad shall practise the principle of centralized administration in combination with administration The Leading Group for the lntake of Intelligence from Abroad of Shanghai Municipality shall be responsible for the planning, coordination The relevant business competent departments of Shanghai Municipality and the district/county people’s government shall be responsible Article 4 (Administration Office) The Office of the Leading Group for the Intake of lntelligence from Abroad of Shanghai Municipality (hereinafter referred to as Municipal The duty of MIO includes: 1. To be responsible for making the planning and programme of the intake of experts from abroad; 2. To study and formulate relevant policies and norms for the intake of experts from abroad; 3. To coordinate and guide the intake of experts from abroad; 4. To raise an exclusive fund for the intake of experts from abroad; 5. To be responsible for organizing and implementing the statistical work of the intake of experts from abroad. Article 5 (Intake of Cultural and Educational Experts From Abroad) A unit that needs to employ cultural and educational experts from abroad shall apply to the Shanghai Municipal Foreign Affairs Office A unit that employs cultural and educational experts from abroad shall report the case to MIO for record. Article 6 (Intake of Economic, Technical and Managerial Experts From Abroad) A unit in Shanghai needs to employ economic, technical and managerial experts from abroad shall apply to the municipal business competent Article 7 (Application, Examination and Approval of Financial Aid) If the employment of economic, technical and managerial experts from abroad needs financial aid from the Exclusive Intelligence Intake Article 8 (Types of Financial Aid) If a project that mainly aims at social benefit or derives no direct economic benefit employs economic, technical and managerial experts If a project that may achieve economic benefit within one year and its funding requirement shall not exceed RMB 400,000, it may apply If a project that may achieve notable economic benefit but in a long run and requires bigger amount of fund, it may apply for loans The specific measures for financial aid shall be separately formulated by MIO together with the relevant departments. Article 9 (Channel of Employing Experts From Abroad) The channel of employing experts from abroad shall be regulated in accordance with the relevant provisions of the State and of Shanghai MIO shall, considering the need of the intake of experts from abroad, establish dossier data of overseas personnel and intelligence Article 10 (Signing of Employment Contract) Unless otherwise explicitly specified in the project agreement or contract relevant to the intake of experts from abroad, a unit that The making of the employment contract shall follow the principle of equality, mutual benefit and consensus through consultation. Article 11 (Main Content of Employment Contract) The employment contract shall include the following clauses: 1. The names and nationalities of the contract parties; 2. The date and place on which and where the contract is signed. 3. The time limit, location and manner of the contract performance; 4. The rights and obligations of the contract parties; 5. The expenditure and its payment; 6. The liability for the breach of the contract; 7. The conditions for the modification, annulment and termination of the contract; 8. The settlement of disputes arising in the performance of the contract; 9. The language/languages used in the contract and its/their effect; 10. Other clauses that the contract parties consider necessary to be stipulated in the contract. The contract parties shall strictly perform the contractual clauses. Article 12 (Payment and Other Treatment of Experts From Abroad) If the employer shall pay the expert from abroad, the payment can not be lower than the minimum payment stipulated by the State Foreign The exchange of foreign currencies for experts from abroad shall be handled in accordance with the Circular of the State Foreign Expert The paying of individual income tax for experts from abroad shall be handled in accordance with the Individual Income Tax Law of the An expert from abroad shall, according to the relevant provisions, be able to enjoy preferential treatment in carrying self-use personal Article 13 (Award to Experts From Abroad for Their Scientific Research Achievements) An expert from abroad who has made great scientific achievement or great invention and creation during his/her working period in Shanghai An expert from abroad may apply for patent for his/her invention and creation achieved during his/her working period in Shanghai according Article 14 (Award to Experts From Abroad for Their Outstanding Contributions) According to the relevant provisions of the State and Shanghai Municipality, an expert from abroad who has made an outstanding contribution 1. post_title of honour, certificate of merit and pecuniary reward by the employing unit; 2. “Magnolia Commemorative Award” and “Magnolia Honourable Award” issued by Shanghai Municipal People’s Government; 3. “Friendship Award” issued by the State Foreign Expert Bureau after being applied for by the relevant department of Shanghai Municipality Article 15 (Media’s Coverage Concerning Experts From Abroad) News and any other mass media’s coverage concerning an expert from abroad shall acquire the consent of the employing unit and the Article 16 (Settlement of Dispute) Any dispute concerning the employment contract between an expert from abroad and the employing unit may be settled through consultation Article 17 (Employment of Experts From Hong Kong, Macao and Taiwan Regions) If the relevant department or unit in Shanghai needs to employ experts from Hong Kong, Macao and Taiwan regions, the present Procedures Article 18 (Interpretative Department for Implementation of the Present Procedures) The Leading Group for the Intake of Intelligence from Abroad of Shanghai Municipality shall be responsible for the interpretation Article 19 (Effective Date) These procedures shall become effective on the date of promulgation.
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MOFTEC P.R.C. |
EDITOR:Victor |