Measures for Identification of High-end Talents for the Hainan Free Trade Port

Post Reply
User avatar
TropicalHainan
Site Admin
Posts: 280
Joined: Tue May 18, 2021 5:36 am

Measures for Identification of High-end Talents for the Hainan Free Trade Port
Measures for Identification of High-end Talents for the Hainan Free Trade Port.png
(Approved upon deliberation at the meeting of the Standing Committee of the CPC Hainan Provincial Committee on September 14, 2020 and promulgated by the General Office of the CPC Hainan Provincial Committee and the General Office of the People's Government of Hainan Province on September 23, 2020)

Chapter I General Provisions

Article 1

The Measures for Identification of High-end Talents of Hainan Free Trade Port (hereinafter referred to as the "Measures") in accordance with relevant laws and regulations to implement the spirit of the Overall Plan for the Construction of Hainan Free Trade Port and the Implementing Proposal for Supporting Hainan to Innovate the System and Mechanism for Talent Development jointly issued by the Organization Department of the CPC Central Committee and other six ministries and commissions, thoroughly implement the Action Plan for Attracting One Million Talents to Settle Down in Hainan (2018-2025), establish and improve the system for the identification and service management for high-end talents, and accelerate the introduction and training of high-end talents needed for the construction of Hainan Free Trade Port.

Article 2

The term "high-end talents" as mentioned in the Measures refers to those talents classified into Category A, B, C, D, or E under the Classification Criteria for High-end Talents of Hainan Free Trade Port according to the criteria for market recognition, professional community, and social recognition.

Article 3

The Classification Criteria for High-end Talents of Hainan Free Trade Port shall be compiled by the Talent Development Bureau of the CPC Hainan Provincial Committee, and shall be adjusted in due time and released dynamically according to the economic and social development and the demand for talents.

Article 4

The identification of high-end talents shall adhere to the principles of political integrity, fairness, justice and territorial management, and unified rights and responsibilities.

Chapter II Scope and Conditions of Identification

Article 5

The identification objects of high-end talents shall not be restricted by nationality or household registration.

Article 6

The identification objects of high-end talents shall be those who work full-time in Hainan Province. Retirement talents introduced by the Aged Elites Gathering Scheme can participate in the identification.

In-service civil servants and functionaries of administrative organs (entities) with reference to the Civil Servant Law shall not be listed as identification objects (unless otherwise prescribed by the State).

The identification of high-end talents subject to flexible introduction shall be prescribed separately.

Article 7

The age of persons to be identified as high-end talents shall generally be under the age of 60. The upper age limit for Category A can be relaxed to 70 years old; the upper age limit for Categories B and C can be relaxed to 65 years old. The age limit can be appropriately relaxed for high-end talents who are especially in urgent need.

Article 8

High-end talents shall meet all the following conditions in addition to those under the Classification Criteria for High-end Talents of Hainan Free Trade Port:

(1) abiding by the law and discipline;

(2) having good professional ethics; and

(3) having made remarkable performance and outstanding contribution.

Chapter III Identification Authority and Procedures


Article 9

Applications for identification of high-end talents shall be accepted throughout the year.

Article 10

The Talent Development Bureau of the CPC Hainan Provincial Committee shall be responsible for releasing and adjusting dynamically the list of the central enterprises and institutions stationed in Hainan, headquarters economic enterprises, provincial key industrial parks, provincial institutions, provincial key enterprises, legal institutions, and entities of cities and counties with the identification authority.

Article 11

Procedures for the identification of high-end talents:

(1) Individual declaration.

An individual shall apply for identification to his or her employer, provide relevant certification materials, and select a category for identification according to the Classification Criteria for High-end Talents of Hainan Free Trade Port, and fill in the Application for Identification of High-end Talents of Hainan Free Trade Port.

(2) Examination and identification (filing).

The employer shall examine the conditions of the applicant.

The employer with the identification authority shall submit the identification opinions and application materials to the Hainan Provincial Talent Service Center for filing of identification after giving identification opinions to those qualified talents of Category A, B, C, or D; the qualified Category E talents shall be directly identified, and the list shall be submitted to the Hainan Provincial Talent Service Center for filing.
The employer without the identification authority shall make recommendations for those qualified talents of Category A, B, C, D, or E and submit the application materials to the talent service departments of the cities, counties, or key industrial parks, which shall, after giving identification opinions for those qualified talents of Category A, B, or C shall submit the confirmation opinions and application materials to the Hainan Provincial Talent Service Center for filing of identification; the qualified talents of Category D or E talents shall be directly identified, and the list shall be submitted to the Hainan Provincial Talent Service Center for filing.

(3) Issuance of a certificate.

An electronic certificate is issued for high-end talents. The Provincial Talent Service Center shall issue the corresponding Certificate of High-end Talents of Hainan Free Trade Port and the "Tianya Talent Card" to qualified talents of Categories A, B, C, and D; authorize the talent service departments of cities, counties, and key provincial industrial parks with the identification authority to issue the corresponding Certificate of High-end Talents of Hainan Free Trade Port and the "Tianya Talent Card" to qualified talents of Categories D and E; authorize employers with the identification authority to issue the corresponding Certificate of High-end Talents of Hainan Free Trade Port and the "Tianya Talent Card" to qualified talents of Category E.

Article 12

In principle, no more than 10 working days shall be taken from acceptance to completion of identification of high-end talents. For verification and inspection of relevant certificates and other materials in the process of identification, the website information or official documents designated by the competent department of the relevant industry at the national or provincial level shall prevail.

Article 13

For those talents who have not been included in the Classification Criteria for High-end Talents of Hainan Free Trade Port but meet the equivalent criteria for talents of Categories A, B, or C, the employer may file applications with the competent department of the relevant industry at the provincial level, and submit the applications for summary after examination to the Hainan Provincial Talent Service Center, which shall submit the applications to the Talent Development Bureau of the CPC Hainan Provincial Committee for comprehensive judgment and determination.

Article 14

If a high-end talent meets the requirements for a higher category, he or she may apply for re-identification of the corresponding category of talents.

Chapter IV Administration of Identification

Article 15

After the high-end talents have been identified in accordance with the Measures, they enjoy corresponding service guarantee treatment in accordance with the provisions.

Article 16

The period for identification of high-end talents shall be 5 years. After 5 years, they shall be re-identified within 3 months before expiration. If no re-identification is carried out, the relevant talents no longer enjoy the relevant service guarantee treatment.

High-end talents who exceed the age limit in Article 7 of the Measures and have been working full-time in Hainan for more than 15 years are not required to go through re-identification procedures, and may, after annual verification, continue to enjoy relevant service guarantee treatment as per the category of talents last identified on the strength of the corresponding Certificate of High-end Talents of Hainan Free Trade Port.

Article 17

If the identified high-end talents no longer work in Hainan, the talents or the employers shall report to the Hainan Provincial Talent Service Center within one month before their departure.

Article 18

Hainan shall establish a unified provincial high-end talent pool to promote data sharing of high-end talents.

Article 19

The Talent Development Bureau of the CPC Hainan Provincial Committee shall, in concert with the relevant competent departments of the relevant industries at the provincial level, strengthen the interim and ex post supervision, inspect and guide the work of entities with the identification authority, and conduct random inspections to strengthen risk assessment and response.

Article 20

Under any of the following circumstances, the title of high-end talents shall be cancelled and the entitlement to various service guarantees shall be suspended:

(1) failing to perform the labour contract or the employment agreement;

(2) failing to return to the country within the time limit in violation of regulations;

(3) being listed on the blacklist of personal integrity;

(4) committing fraud in academic or performance;

(5) being examined and investigated by the discipline inspection and supervision organ and subject to a serious warning or severer punishment;

(6) being subject to criminal punishment; and

(7) any other noncompliance with the requirements of the Classification Criteria for High-end Talents of Hainan Free Trade Port.
Article 21 Any violation of laws and regulations in the process of identifying high-end talents shall be dealt with according to the circumstances:

(1) If an applicant practices deceit, the applicant shall be permanently disqualified and placed on the blacklist of personal integrity; if a crime is committed, the judicial organ shall investigate the criminal liability according to law.

(2) If an entity with the identification authority assists an applicant in providing false certificates or gives false examination opinions, it shall be issued a notice of criticism through the province; if the circumstances are serious, the identification authority shall be canceled and no authority shall be granted for 5 years.

(3) If an entity without the identification authority assists an applicant in providing false certificates or gives false examination opinions, it shall be issued a notice of criticism through the province; if the circumstances are serious, the recommendation qualification shall be canceled, and no recommendation will be accepted for 5 years.

(4) Any individual who assists an applicant in providing false certificates or gives false examination opinions shall be listed on the blacklist of personal integrity and issued a notice of criticism through the province; if a crime is committed, the judicial organ shall investigate the criminal liability according to law.

Chapter V Supplementary Provisions


Article 22

The Measures shall be construed by the CPC Hainan Provincial Committee and the specific work shall be undertaken by the Talent Development Bureau of the CPC Hainan Provincial Committee.

Article 23

The Measures shall enter into force as of the date of promulgation. The Measures for Identification of High-end Talents in Hainan Province (Qiong Ban Fa [2019] No. 104) issued by the General Office of the CPC Hainan Provincial Committee and the General Office of the People's Government of Hainan Province on September 2, 2019 shall be annulled at the same time.

4. Administrative Provisions on the Appointment of Overseas Personnel to Take Leadership Positions of Legal Institutions, Public Institutions, and State-owned Enterprises in Hainan Free Trade Port (for Trial Implementation) (Approved upon deliberation at the meeting of the Standing Committee of the CPC Hainan Provincial Committee on December 29, 2020 and promulgated by the General Office of the CPC Hainan Provincial Committee and the General Office of the People's Government of Hainan Province on February 27, 2021)

Chapter I General Provisions


Article 1

The Administrative Provisions on the Appointment of Overseas Personnel to Take Leadership Positions of Legal Institutions, Public Institutions, and State-owned Enterprises in Hainan Free Trade Port (for Trial Implementation) (hereinafter referred to as the "Provisions") are formulated according to relevant laws and regulations to implement the spirit of the Overall Plan for the Construction of Hainan Free Trade Port and standardize the appointment and management of overseas personnel to take leadership positions of legal bodies, public institutions, and state-owned enterprises in Hainan Free Trade Port (hereinafter referred to as the "overseas leaders").

Article 2

The term "overseas leaders" as mentioned in the Provisions refers to:

(1) persons who do not possess the nationality of the People's Republic of China; and

(2) residents of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and Taiwan region.
Article 3 In the appointment and management of overseas leaders, we shall follow the law of the market and the law of talent development, implement market-based selection and contractual management, and provide market-based remuneration. In addition, we shall adhere to the international vision as well as tolerance and prudence, abide by laws and regulations, and act flexibly and conveniently. We shall focus on practical performance and encourage overseas leaders to start their own businesses and take responsibility.

Chapter II Conditions of Service


Article 4

An overseas leader shall meet the following basic conditions:


(1) abiding by the Constitution and laws of the People's Republic of China, and to respect the development path, institutional arrangements, national feelings and cultural customs chosen by the Chinese people independently;

(2) possessing good professional and personal conduct, to be honest and trustworthy, and to practice honestly;

(3) having the qualifications, experience, major, language or other skills required for the position, having an international perspective and thinking on the rule of law, and being familiar with relevant international rules;

(4) having the physical conditions for normal performance of duties;

(5) holding a valid passport or other international travel documents, permit for Hong Kong and Macao residents to travel to and from the mainland, and permit for Taiwan residents to travel to and from the mainland; and

(6) having other qualifications required for the position.

Article 5

Under any of the following circumstances, no overseas leader shall be appointed:

(1) having a criminal record;

(2) being listed as the person subject to breach of trust or being subject to other similar measures;

(3) violating professional ethics or professional ethics; and

(4) other circumstances that are not suitable for appointment.

Chapter III Administration of Appointment


Article 6

In general, the selection and appointment of an overseas leader through the market shall go through the following procedures:

(1) to propose a work plan for the selection and appointment;

(2) to determine the proposed candidates;

(3) to carry out qualification evaluation and due diligence;

(4) to discuss and decide collectively;

(5) to sign an appointment agreement;

(6) to apply for permits for entry, work, and residence in accordance with the relevant provisions; and

(7) to hold office in accordance with laws and regulations.

Article 7


The appointment system shall be implemented for overseas leaders. Each term of employment shall generally not exceed 4 years, and the term of continuous employment in the same position shall generally not exceed 8 years. With the consent of the superior organizational (personnel) department, the term of employment may be extended as appropriate or the overseas leaser may be recommended to other positions.

Article 8


The selection, appointment, management and assessment of overseas leaders shall be carried out by category and grade.
The department with authority for the management of cadres shall be responsible for the chief posts of legal institutions; and the entities to which applicants belong shall be generally responsible for deputy posts.
The department with authority for the management of cadres shall be responsible for the chief posts of public institutions as well as deputy posts in general cases. In special cases, the entities to which the applicants belong as authorized by such department shall be responsible for deputy posts.

The entities to which the applicants belong as authorized by the department with authority for the management of cadres shall be generally responsible for the chief posts of state-owned enterprises. Such department shall perform its supervision duties in determining criteria, standard procedures, qualification examination, and other aspects.

Article 9

A qualified overseas leader may be registered as a legal representative.

Article 10

An appointment agreement shall be signed for the appointment of an overseas leader, and specify the appointment position, term of appointment, objectives and tasks, rights and obligations, assessment and evaluation, remuneration standards, performance benefits and benefits, rewards and punishments, renewal and dismissal conditions, and non-competition and confidentiality requirements, methods of dispute resolution, and applicable laws.

Article 11

The assessment of an overseas leader shall give priority to the assessment during a year or the term of employment. The assessment shall be based on the appointment agreement and focus on performance. The results of the annual assessment shall be linked to the remuneration, and the results of the assessment during the term of employment shall be taken as an important basis for deciding on the renewal or dismissal.
Chapter IV Remuneration and Benefits

Article 12

A market-oriented remuneration distribution mechanism shall be implemented for overseas leaders, and the remuneration and treatment may be flexibly controlled based on the remuneration levels of personnel of the same industry, scale and performance in the market. Remuneration may be listed separately outside the total amount of performance pay of the entities. The forms and standards of remuneration distribution shall be submitted to the relevant competent departments for verification or filing.

Article 13

The qualified overseas leaders may enjoy the relevant policies of personal income tax reduction and exemption for talents in Hainan Free Trade Port, as well as the relevant policies and treatment for the introduction of talents, such as house purchase, car purchase, children's enrollment, spouse's employment, and medical security.

Foreigners who meet the classification criteria for high-end talents in Hainan may apply for permanent residence in China according to provisions.

Article 14

An overseas leader shall participate in the social insurance scheme and enjoy corresponding social insurance benefits according to law. Where there are other provisions in the Sino-foreign bilateral agreement on mutual exemption of guarantees, such provisions shall prevail.

Article 15

An overseas leader shall pay and deposit the housing accumulation fund according to the standard for personnel of the same level of position in the same entity.

The overseas leader who normally pays and deposits housing provident fund may apply for provident fund loans according to the regulations and enjoy the same treatment as the staff and workers of his or her entity.

Article 16 An overseas leader may, in accordance with the provisions of the State, enjoy paid holidays such as statutory holidays and annual leave.
Chapter V Supervision and Restraints

Article 17

An overseas leader shall abide by public order and social ethics, perform his or her duties in accordance with the law, and make commitments on such matters as having no criminal record and being honest in practice.

Article 18

An overseas leader shall consciously implement the relevant decision-making mechanism and Rules of Procedure of the entity to which he or she belongs. The entity to which he or she belongs and the relevant departments at higher levels shall, according to the work needs and actual conditions, further improve the relevant leadership system and operation mechanism, improve the decision-making mechanism and Rules of Procedure, and promote the standardized and orderly management of overseas leaders.

Article 19

An overseas leader shall generally work full-time and abide by the work requirements of the entity to which he or she belongs to and relevant regulations on attendance management. If it is necessary to hold any other post concurrently, it shall be approved by the entity to which he or she belongs and reported to the superior department of the entity.

Article 20

Passports or other international travel documents, permit for Hong Kong and Macao residents to travel to and from the mainland, permit for Taiwan residents to travel to and from the mainland, and other relevant documents of overseas leaders shall be kept by them with reference to the relevant provisions if they go abroad temporarily on business, and shall be reported to the entities to which they belong and their superior departments in advance if they go abroad for private purposes.

Article 21

An overseas leader shall be audited for economic responsibility in accordance with the relevant provisions.

Article 22

An overseas leader shall consciously abide by the provisions on confidentiality, and shall not, without permission, carry relevant work materials abroad or provide them to other institutions (individuals), nor shall he or she disseminate or release the work materials through the Internet, other public information networks, and social networking platforms.

Article 23

Any overseas leader who violates the relevant regulations on work discipline, integrity, or social ethics or professional ethics shall be dealt with depending on the seriousness of the circumstances according to laws and regulations.

Chapter VI Removal and Dismissal

Article 24

Any overseas leader who resigns before the end of his or her term of employment, or is no longer reappointed at the end of his or her term of employment, or is not allowed to be appointed as prescribed in Article 5 of the Provisions, or is unable to perform his or her duties normally for more than 3 accumulative months within one year due to health or other reasons shall be removed or dismissed.

Article 25

An overseas leader who resigns before the end of his or her term of employment shall file a written application. Those who leave without approval shall be dealt with accordingly according to the seriousness of the circumstances. Those who cause serious consequences shall be investigated for liability according to law.

Article 26

After being removed from office or dismissed, overseas leaders shall have the duty and obligation to keep confidential the state secrets they know and the commercial secrets and know-how of the original employers for a period specified in the provisions of the State and the original employers.

Chapter VII Supplementary Provisions

Article 27

The Provisions shall not apply to public institutions subject to management by reference to the Civil Servant Law, public institutions of propaganda, ideology, culture, and education, and special posts involving national security and important secrets.

Article 28

The Provisions shall be construed by the CPC Hainan Provincial Committee and the specific work shall be undertaken by the Organization Department of the CPC Hainan Provincial Committee.

Article 29

The Provisions shall enter into force as of the date of promulgation.

Translated by the Foreign Affairs Office of Haikou Municipal Government
Post Reply