(Approved on September 14, 2020, by a session of the Standing Committee of the CPC Hainan Provincial Committee and issued on September 23, 2020, by the General Office of the CPC Hainan Provincial Committee and the People’s Government of Hainan Province)
Chapter I General Provisions
Article 1 These Measures are developed in accordance with the relevant laws and regulations for the purposes of implementing the guiding principles of the Master Plan for the Construction of Hainan Free Trade Port and the Implementation Plan of the Organization Department of the CPC Central Committee and Six Others for Supporting Hainan Innovating Talent Development Systems and Mechanisms, further implementing the Action Plan for Attracting One Million Talents to Hainan (2018-2025), establishing and improving a management system for the identification and service of top-notch talents, and accelerating the introduction and training of top-notch talents needed for the construction of Hainan Free Trade Port.
Article 2 For the purposes of these Measures, “top-notch talent” means any of talents of Categories A, B, C, D, and E who meet the Standards by Hainan Free Trade Port for the Classification of Top-notch Talents and are classified according to the standards for market recognition, professional community, and social determination.
Article 3 The Standards by Hainan Free Trade Port for the Classification of Top-notch Talents, as prepared by the Talent Development Bureau of the CPC Hainan Provincial Committee, is adjusted when appropriately according to the economic and social development and talent demand, and released dynamically.
Article 4 In the identification of top-notch talents, the principles of having both political integrity and ability, fairness and justice, territorial management, and the unification of rights and responsibilities shall be adhered to.
Chapter II Scope and Conditions of Identification
Article 5 The identification of top-notch talents shall not be subject to the restrictions of nationality and household registration.
Article 6 A person to be identified as a top-notch talent shall work full-time in Hainan province. The people re-employed after retirement introduced under the “retired elites” pooling program may participate in the identification.
In-service civil servants and staff of state organs (entities) subject to the administration by reference to the civil servant law shall not be identified as top-notch talents (except as otherwise provided by the state).
The identification of top-notch talents introduced flexibly shall be provided separately.
Article 7 A person to be identified as a top-notch talent shall be typically under the age of 60. The identification of talents of Category A may be relaxed to the age of 70; the identification of talents of Categories B and C to the age of 65. The age limit may be appropriately relaxed as to top-notch talents who are in urgent need and in short supply.
Article 8 A top-notch talent shall, in addition to meeting the requirements as prescribed in the Standards by Hainan Free Trade Port for the Classification of Top-notch Talents, shall also meet all of the following conditions:
- Observing law and discipline;
- Having good professional ethics; and
- Making outstanding achievements and contributions.
Chapter III Authority and Procedures for Identification
Article 9 The acceptance of the identification application for top-notch talents shall be available all year-round.
Article 10 The Talent Development Bureau of the CPC Hainan Provincial Committee shall be responsible for releasing the list of entities that have the power of identification—including central enterprises and public institutions in Hainan, headquarters economy enterprises, provincial key industrial parks, provincial public institutions, provincial key enterprises, legal institutions, and cities and counties—and dynamically adjusting it.
Article 11 The procedures for determining top-notch talents shall be as follows:
- Personal application: An individual making an identification application to his or her employer shall provide relevant supporting materials, select identification category according to the Standards by Hainan Free Trade Port for the Classification of Top-notch Talents, and complete the Application Form by Hainan Free Trade Port for the Identification of Top-notch Talents.
- Examination and identification (recordation): The employers with which the applicants work shall examine their conditions. The employers with the authority to identify the eligible talents of Categories A, B, C, and D shall submit the identification opinions and application materials to the Provincial Talent Service Center for recordation. The eligible talents of Category E shall be identified directly and the list of identified talents shall be submitted to the Provincial Talent Service Center for recordation. The employers that have no power of identification shall give recommendation opinions as to the eligible talents of Categories A, B, C, D, and E, and submit application materials to the talent service departments of the cities or counties or the key industrial parks. The talent service departments of relevant cities, counties, or key parks shall, after giving the identification opinions on qualified talents of Categories A, B, and C, submit the identification opinions and application materials to the Provincial Talent Service Center for recordation. The eligible talents of Categories D and E shall be identified directly, and the list of identified talents shall be submitted to the Provincial Talent Service Center for recordation.
- Certificate issuance: The electronic certificate for the identification of top-notch talents shall be implemented. The Provincial Talent Service Center shall issue the corresponding Certificate by Hainan Free Trade Port for Top-notch Talents and the Tianya Talent Card as to the eligible talents of Categories A, B, C, and D. The talent service departments of the cities or counties or the provincial key parks that have the power of identification shall be authorized to issue the corresponding Certificate by Hainan Free Trade Port for Top-notch Talents and the Tianya Talent Card as to the eligible talents of Categories D and E. The employers that have the power of identification shall be authorized to issue the corresponding Certificate by Hainan Free Trade Port for Top-notch Talents and the Tianya Talent Card as to the eligible talents of Category E.
Article 12 In principle, the identification of top-notch talents shall not exceed ten working days from acceptance to completion. The check and verification of relevant certificates and other materials in the process of identification shall be subject to the website information or official documents designated by the national or provincial competent industry department.
Article 13 For the talents who fail to be included in the Standards by Hainan Free Trade Port for the Classification of Top-notch Talents but meet certain conditions of the standards for talents of Categories A, B, and C, their employers may apply to the provincial competent industry department, which, after examination, shall submit to the Provincial Talent Service Center for summary. The Center shall submit to the Talent Development Bureau of the CPC Hainan Provincial Committee for comprehensive assessments.
Article 14 After the identification of top-notch talents, those who meet the requirements for the identification of a higher category may apply for the re-identification of the corresponding talent category.
Chapter IV Identification Administration
Article 15 After top-notch talents are identified in accordance with these Measures, they may enjoy the corresponding treatment of service guarantee according to the provisions.
Article 16 The identification cycle for top-notch talents shall be five years, after which period the identification shall be renewed within three months before the expiration. Those who fail to renew their identification shall no longer be entitled to the relevant service guarantee treatment. Top-notch talents who are older than the age as provided in Article 7 of these Measures and have worked full-time in Hainan for more than 15 years shall not be required to renew their identification. After the annual verification, they may, upon the strength of the corresponding Certificate by Hainan Free Trade Port for Top-notch Talents, continue to enjoy the relevant treatment of service guarantee according to the talent category identified in the last identification.
Article 17 Where a top-notch talent identified in Hainan no longer works in the province, the talent himself/herself or the employer shall report to the Provincial Talent Service Center within one month before departure.
Article 18 A unified pool of top-notch talents across the province shall be established to promote the sharing of data on top-notch talents.
Article 19 The Talent Development Bureau of the CPC Hainan Provincial Committee shall, together with relevant provincial industry competent departments, strengthen interim and ex-post supervision, inspect and provide guidance on the identification of entities with the authority of identification, and carry out random spot checks, so as to strengthen risk assessment and response.
Article 20 Where a top-notch talent falls under any of the following circumstances, his or her title shall be canceled, and he or she shall be suspended from enjoying the treatment of various service guarantees:
- Failing to perform the labor contract or employment agreement;
- Leaving the country in violation of regulations and failing to return within the prescribed time limit;
- Being placed on the blacklist of personal integrity;
- Committing academic and performance fraud;
- Being placed under examination and investigation by the discipline inspection and supervision organ, and being subject to disciplinary actions of severe warning or above;
- Being under punishment for a crime; or
- Any other circumstance that does not meet the requirements of the Standards by Hainan Free Trade Port for the Classification of Top-notch Talents.
Article 21 Any violation of laws and regulations during the recognition of top-notch talents shall be dealt with according to the circumstances:
- Where the applicant engages in fraud, his qualification for identification shall be permanently revoked and placed on the blacklist of personal integrity. If a crime is constituted, he or she shall be subject to criminal liability by a judicial organ in accordance with the law.
- Where an entity having the power of identification assists the applicant in providing false certificates or giving false opinions on examination and verification, a notice of criticism shall be circulated across the province. If the circumstances are serious, its power of identification shall be canceled, and no further authorization may be granted for identification within five years.
- Where an entity that has no power of identification assists the applicant in providing false certificates or giving false opinions on examination and verification, a notice of criticism shall be circulated across the province. If the circumstances are serious, it shall be disqualified from recommendation, and any recommendation shall no longer be accepted within five years.
- Where an individual who assists the applicant in providing false certificates or giving false opinions on examination and verification, he or she shall be placed on the blacklist of personal integrity, and a notice of criticism shall be circulated across the province. If a crime is constituted, he or she shall be subject to criminal liability by a judicial organ in accordance with the law.
Chapter V Supplemental Provisions
Article 22 The power to interpret these Measures shall rest with the CPC Hainan Provincial Committee, and the specific work shall be done by the Talent Development Bureau of the CPC Hainan Provincial Committee.
Article 23 These Measures shall come into force on the date of issuance, and the Measures of Hainan Province for the Identification of Top-notch Talents (No. 104 [2019], General Office of the People’s Government of Hainan Province), issued on September 2, 2019, by the General Office of the Hainan Provincial Committee and the General Office of the Hainan Provincial Government, shall be repealed concurrently.