Ministry of Human Resources and Social Security, Tentative Measures for the Enrolment in Social Insurance by Foreign Nationals Employed in China

人力资源和社会保障部在中国境内就业的外国人参加社会保险暂行办法

October 12, 2011 | BY

clpstaff &clp articles &

Expats are required to be enrolled in social insurance.

Clp Reference: 2410/11.09.06 Promulgated: 2011-09-06 Effective: 2011-10-15

Promulgated: September 6 2011
Effective: October 15 2011

Applicability: The term “foreign national employed in China” means a person with non-Chinese nationality who has secured an employment permit, such as a Foreigner's Employment Permit, Foreign Expert Certificate, Foreign Resident Journalist Certificate, etc., and a foreigner's residence permit, or a person who holds a Foreigner's Permanent Residence Card, and who is lawfully employed in China (Article 2).

Main contents: A foreign national lawfully recruited by an enterprise, public institution, association, private non-enterprise entity, foundation, law firm, accounting firm or other such organisation (an Employer) lawfully registered in China shall be enrolled in employees' basic old-age insurance, employees' basic medical insurance, work-related injury insurance, unemployment insurance and maternity insurance (Article 3). An Employer that recruits foreign nationals shall carry out social insurance registration for them within 30 days from the date on which it carried out the procedures for their employment permit (Article 4).

If a foreign national departs from China before he/she reaches the specified age at which he/she can withdraw his/her pension, his/her personal social insurance account shall be retained. If he/she returns to China for employment, his/her years of premium payment shall be calculated together. Alternatively, if he/she applies in writing for termination of his/her social insurance relationship, the amount held in his/her personal social insurance account may be paid to him/her in one lump sum (Article 5).

Related legislation: PRC Social Insurance Law, Oct 28 2010, CLP 2010 No.10 online

clp reference:2410/11.09.06prc reference:人保部令第16号promulgated:2011-09-06effective:2011-10-15

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