New: Measures for Social Insurance System Coverage of Foreigners Working in China
On December 23, the Ministry of Human Resources and Social Security of the People's Republic of China issued a decision to amend the Interim Measures for Social Insurance System Coverage of Foreigners Working within the Territory of China. This revision aims to fulfill China's obligations under the Convention Abolishing the Requirement of Legalization for Foreign Public Documents. Accordingly, certain provisions of the Interim Measures for Social Insurance System Coverage of Foreigners Working within the Territory of China (Decree No. 16 of the Ministry of Human Resources and Social Security) are hereby modified.
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(Underlined articles are articles with modification.)
Interim Measures for Social Insurance System Coverage of Foreigners Working within the Territory of China
Article 1 In order to protect the legitimate rights and interests of foreigners working within the territory of China regarding their lawful participation in social insurance and the enjoyment of social insurance benefits, and to strengthen social insurance management, these Measures are formulated in accordance with the Social Insurance Law of the People's Republic of China (hereinafter referred to as the 'Social Insurance Law') and other relevant laws and regulations.
Article 2 For the purpose of these Measures, a foreigner working within the territory of China shall refer to a non-Chinese national who has legally obtained an Employment Permit for Foreigners, Foreign Correspondent's Press Card, or other employment documents and foreigner residence permits, as well as those holding a Permanent Residence Permit for Foreigners, and who is lawfully employed within the territory of the People's Republic of China.
Article 3 Foreigners lawfully recruited and employed by enterprises, public institutions, social organizations, privately-run non-enterprise entities, foundations, law firms, accounting firms and other organizations duly registered within the territory of China (hereinafter referred to as the "employers") shall participate in the basic old-age insurance for employees, basic medical insurance for employees, work injury insurance, unemployment insurance and maternity insurance in accordance with the law, with the employers and the persons in question paying social insurance contributions as prescribed.
Foreigners who, after having signed labour contracts with overseas employers, are dispatched to work in their branches or representative offices duly registered within the territory of China (hereinafter referred to as the "host service entities") shall participate in the basic old-age insurance for employees, basic medical insurance for employees, work injury insurance, unemployment insurance and maternity insurance in accordance with the law, with the host service entities and the persons in question paying social insurance contributions as prescribed.
Article 4 The employer who hires foreigners shall process social insurance registration for the foreigners recruited and employed within 30 days from the date of its processing their employment permits.
For foreigners dispatched by their overseas employers to work at host service entities, the host service entities shall process social insurance registration on their behalf in accordance with the preceding paragraph.
The agencies processing employment permits for foreigners in accordance with the law shall pass the information related to new employment of foreigners in China on to the local social insurance agencies in a timely manner. The social insurance agencies shall enquire relevant agencies of information regarding employment permits processed for foreigners on a regular basis.
Article 5 Foreigners covered in the social insurance system shall be entitled to social insurance benefits in accordance with the law once the qualifying conditions are met.
For a foreigner who leaves China before reaching the statutory pension age, the social insurance individual account shall be retained, and shall be renewed on a cumulative basis when the person in question returns to work in China. Alternatively, upon written application for closing the social insurance account from the person in question, the proceeds in the individual account can be paid lump-sum to the said person.
Article 6 The balance in the social insurance individual account of a deceased foreigner may be inherited pursuant to the law.
Article 7 Foreigners who receive monthly social insurance benefits and reside outside the territory of China shall verify their eligibility for social insurance benefits once a year. The verification can be done by providing a proof of life certificate issued by the Chinese embassy or consulate, or a proof of life certificate notarized, authenticated, and recognized by the Chinese embassy or consulate from the relevant authorities of the country of residence. Alternatively, verification can be done via the internet in accordance with the regulations. If an international treaty that China has concluded or participated in specifies different documentation procedures, such procedures shall apply.
Foreigners legally entering China must verify their eligibility for social insurance benefits once a year. Verification can be done through internet self-service, or they may personally visit the social insurance agency to verify their living status.
Article 8 If a dispute occurs over social insurance between a foreigner legally covered in the social insurance system and his or her employer or host service entity, the person in question may apply for mediation, arbitration, or file a lawsuit in accordance with the law. A foreigner whose social insurance rights and interests are infringed upon by his or her employer or host service entity may demand redress from an administrative agency of social insurance or the agency responsible for collection of social insurance contributions in accordance with the law.
Article 9 A foreign national working within the territory of China from a state which has signed a bilateral or multilateral social insurance agreement with China shall be governed by the said agreement with regard to his or her social insurance affairs.
Article 10 Social insurance operating agencies shall, in accordance with Rules on Compiling Social Security Numbers for Foreigners, assign social security numbers and issue social security cards of the People's Republic of China to foreigners covered in the system.
Article 11 Social insurance administrative agencies shall exercise supervision and inspection over participation of foreigners in social insurance system according to the provisions in Social Insurance Law. Where an employer or host service entity fails to process social insurance registration or pay social insurance contributions in accordance with the law for a foreigner whom it recruits and employs, the case shall be addressed in accordance with the provisions of Social Insurance Law, Regulations on Labor and Social Security Inspection, and other administrative regulations and rules.
An employer recruiting and employing a foreigner without a legally obtained employment permit or the Permanent Residence Permit of Foreigners shall be subjected to Regulations on the Administration of Employment of Foreigners in China.
Article 12 These Measures shall come into effect on October 15, 2011.
Corresponding amendments are also made to the Attachment: Rules on Compiling Social Security Numbers for Foreigners
Source: https://www.mohrss.gov.cn/gjhzs/GJHZzhengcewenjian/201109/t20110926_83664.html
https://www.mohrss.gov.cn/xxgk2020/fdzdgknr/zcfg/xgfzjd/202412/t20241226_533334.html
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