Tentative Measures for the Enrolment in Social Insurance by Foreign Nationals Employed in China

(Promulgated by the Ministry of Human Resources and Social Security on September 6 2011 and effective as of October 15 2011.)

Order No.16 of the MOHRSS

Article 1: These Measures have been formulated pursuant to the PRC Social Insurance Law (the Social Insurance Law) in order to safeguard the lawful rights and interests of foreign nationals employed in China with respect to their enrolment in social insurance and eligibility for social insurance benefits in accordance with the law, and strengthen the administration of social insurance.

Article 2: For the purposes of these Measures, 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 3: 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 in accordance with the law, and his/her social insurance premiums shall be paid by the Employer and him/her in accordance with provisions.

If a foreign national, after entering into an employment contract with an offshore employer, is assigned to work in a (sub-)branch or representative office registered in China (an Onshore Employer), he/she shall be enrolled in employees' basic old-age insurance, employees' basic medical insurance, work-related injury insurance, unemployment insurance and maternity insurance in accordance with the law, and his/her social insurance premiums shall be paid by the Onshore Employer and him/her in accordance with provisions.

Article 4: When an Employer recruits a foreign national, it shall carry out social insurance registration for him/her within 30 days from the date on which it carried out the procedures for his/her employment permit.

Social insurance registration for a foreign national assigned to an Onshore Employer by an offshore employer shall be carried out by the Onshore Employer in accordance with the preceding paragraph.

An organisation that carries out the procedures for an employment permit for a foreign national in accordance with the law shall report relevant information on the foreign national's employment in China to the local social insurance agency in a timely manner. A social insurance agency shall regularly make inquiries with relevant organisations on the carrying out of procedures for employment permits for foreign nationals.

Article 5: A foreign national enrolled in social insurance who satisfies the conditions shall be eligible for social insurance benefits in accordance with the law.

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, and 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 6: If a foreign national dies, the balance in his/her personal social insurance account may be inherited in accordance with the law.

Article 7: If a foreign national is drawing social insurance benefits on a monthly basis while outside China, he/she shall provide at least once per year to the social insurance agency responsible for the payment of his/her benefits, an existence certificate issued by the Chinese embassy or consulate or an existence certificate notarised or certified by the relevant authority of his/her country of residence and certified by the Chinese embassy or consulate.

If a foreign national lawfully enters China, he/she may present himself/herself to the social insurance agency to prove his/her existence, whereupon he/she shall not be required to provide the existence certificate specified in the preceding paragraph.

Article 8: If a foreign national who is lawfully enrolled in social insurance is involved in a dispute over social insurance with his/her Employer or Onshore Employer, he/she may apply for mediation or arbitration or institute a legal action in accordance with the law. If the Employer or Onshore Employer infringes his/her social insurance rights and interests, the foreign national may also request that the social insurance administrative department or the social insurance collection authority handle the matter in accordance with the law.

Article 9: If a person who is a citizen of a country with which China has executed a bilateral or multilateral social insurance agreement is employed in China, the measures for his/her enrolment in social insurance shall be handled in accordance with the agreement.

Article 10: A social insurance agency shall create a social security number for a foreign national in accordance with the Rules for the Assignment of Social Security Numbers for Foreign Nationals and issue him/her a social security card of the People's Republic of China.

Article 11: A social insurance administrative department shall conduct monitoring inspections of the enrolment of foreign nationals in social insurance in accordance with the Social Insurance Law. If an Employer or Onshore Employer fails to carry out social insurance registration for a recruited foreign national in accordance with the law or fails to pay social insurance premiums for him/her in accordance with the law, the matter shall be handled in accordance with laws and administrative regulations such as the Social Insurance Law and the Regulations for Monitoring Labour Security and related rules.

If an Employer recruits a foreign national who has neither carried out the procedures for an employment permit in accordance with the law nor holds a Foreigner's Permanent Residence Card, the matter shall be handled in accordance with the Provisions for the Administration of the Employment of Foreign Nationals in China.

Article 12: These Measures shall be effective as of October 15 2011.

Attachment: Rules for the Assignment of Social Security Numbers for Foreign Nationals (omitted)