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What are the special rights of Chinese nationals residing abroad, the returned overseas Chinese and the family members of Chinese nationals residing abroad?

(english.legalinfo.gov.cn) Updated : 2017-06-12

The People's Republic of China protects the legitimate rights and interests of Chinese nationals residing abroad and protects the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad.

Preferential policy

1 The returned overseas Chinese and the relatives of overseas Chinese shall, in pursuance of the law, be entitled to apply for establishing social groups so as to carry out lawful activities needed by returned overseas Chinese and the relatives of overseas Chinese. The property of social groups shall be protected by law.

2 The State shall support the farms, forestry centers and other enterprises that resettle the returned overseas Chinese. Farms, forest farms and other enterprises, where returned overseas Chinese are settled down, may set up, according to needs schools and medical/health centers, and the State shall give them support in such respects as working personnel, equipment and expenditure.

3 The local people's governments at various levels shall give support to the returned overseas Chinese or relatives of overseas Chinese who invest in the establishment of industrial enterprises, especially the establishment of enterprises that use new and high technologies, and establish public welfare undertakings.

4 In case the returned overseas Chinese and relatives of overseas Chinese apply for the permission to leave the country, the competent authorities concerned shall examine and approve the application within the prescribed time limit.

If the returned overseas Chinese or relatives of overseas Chinese have actual urgent needs to leave the country owing to such special circumstances as critical illness or death of their lineal relatives or disposal of their property outside the country within a prescribed time limit, the competent department shall handle the formality in priority in accordance with the valid certification provided by the applicants.

In case that returned overseas Chinese and relatives of overseas Chinese apply for studying abroad as self-paid students, lecturing, or doing business, due allowance shall be made therefore in accordance with the pertinent provisions of the State.

Remedies for infringement

Where the legitimate rights and interests of returned overseas Chinese and relatives of overseas Chinese are infringed:

1 They shall have the right to request the competent department to handle the cases according to the law,

2 To bring a suit in a people's court.

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