Interim Measures for the Participation in Social 

Insurance of Foreigners Employed in China

( full text )

Article 1   The Interim Measures for the Participation in Social Insurance of Foreigners Employed in China ( hereinafter "Interim Measures" ) are formulated pursuant to the Social Insurance Law of the People's Republic of China ( hereinafter "Social Insurance Law") for the purposes of protecting the legitimate rights and interests of foreigners employed in China to participate in social insurance and enjoy social insurance benefits according to law, and of strengthening the administration of social insurance.

Article 2   "Foreigner employed in China" means a person holding employment certificates such as Employment Permit for Foreigners, Foreign Experts Certificate, or Permit for Permanent Foreign Journalists, etc. as well as the Permanent Residence Permit for Foreigners, who is employed legally in the People's Republic of China and is not of Chinese nationality.

Article 3   A foreigner employed according to law by such organizations as enterprises, public institutions, social organizations, private non-enterprise entities, foundations, law firms, accounting firms, etc. (hereinafter "Employers") that are registered legally in China shall participate in basic pension insurance for employees, basic medical insurance for employees, work injury insurance, unemployment insurance and maternity insurance. The insurance premiums shall be paid by the employer as well as the employee him/herself pursuant to relevant provisions.

A foreigner concluding an employment contract with a foreign employer and dispatched to its branch and representative office registered in China (hereinafter "domestic organizations) shall participate in basic pension insurance for employees, basic medical insurance for employees, work injury insurance, unemployment insurance and maternity insurance. The insurance premiums shall be paid by the domestic organizations and the employee him/herself pursuant to relevant provisions.

Article 4   An employer employing foreigners shall conduct social insurance registration for the foreigners concerned within 30 days from the date of completing the formalities for employment certificates for them.

Withregard to a foreigner dispatched to China by his/her foreign employer, the domestic organization concerned shall undertake social insurance registration for the foreigner pursuant to the provisions in the preceding paragraph.

The competent authority handling an employment permit for foreigners according to law shall promptly notify the local social insurance agency of the information relating to foreigners' employment in China. The social insurance agency shall inquire into the information about foreigners' employment certificates in China from the relevant authorities on a regular basis.

Article 5   If a foreigner participating in social insurance satisfies the prescribed conditions, he/she may enjoy the social insurance benefits according to law.

Incases that the foreigner leaves China before reaching the age qualified for the social insurance benefits, his/her individual account shall be maintained and his/her period of contributions may be accumulated where he/she is employed in China again; Upon his/her written application for termination of the social insurance relationship, the balance in his/her social insurance individual account may be paid to him/her in a lump sum.

Article 6   The balance in a foreigner's social insurance individual account may be inherited in case of his/her death, according to law.

Article 7   A foreigner receiving the social insurance benefits on a monthly basis shall, at least once a year, provide the social insurance agency responsible for the payment of his/her social insurancebenefits with an existence certificate issued by the Chinese embassy or consulate or an existence certificate notarized by the competent authority in the country where he/she lives and affirmed by Chinese embassy or consulate.

A foreigner legally entering China can go to the social insurance agency to provehis/her existence in person and is no longer required to provide the existence certificate as prescribed in the preceding paragraph.

Article 8   In cases of dispute between a foreigner participating in social insurance and his/her employer or domestic organizations, they may apply for mediation, arbitration or institute a lawsuit according to law. Where an employer or a domestic organization infringes a foreigner's social insurance rights and interests, the foreigner may also apply to the social insurance administrative authority or social insurance premiums collecting agency for settlement according to law.

Article 9   With regard to a foreigner employed in China who is of a nationality of the country that has concluded a bilateral or multilateral treaty on social insurance with China, the participation in social insurance of the foreigner shall be governed pursuant to the treaty thereof.

Article 10   The social insurance agency shall, pursuant to the Rules on Coding of Social Security for Foreigners, establish the social security number for foreigners and issue a PRC social security card thereto.

Article 11   The social insurance administrative authority shall, pursuant to the Social Insurance Law, carry out supervision and inspection of foreigners' participation in social insurance. Employers or domestic organizations failing to undertake social insurance registration or pay social insurance premiums for foreigners employed according to law shall be punished pursuant to the Social Insurance Law, Regulations on the Supervision of Labour Security and other laws, administrative regulations and other relevant rules.

Employers employing a foreigner not holding an employment certificate or Permanent Residence Permit for Foreigners according to law shall be punished pursuant to the Administrative Provisions on Foreigners Employed in China.

Article 12   The present Interim Measures shall enter into force as of 15 October 2011.