Interim Measures For The Employment Of Foreigners Within Chinese Territory To Participate In The Social Insurance

Original Language Title: 在中国境内就业的外国人参加社会保险暂行办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Interim measures for the employment of foreigners within Chinese territory to participate in the social insurance

    (Released September 6, 2011 Ministry of human resources and social security, the 16th since October 15, 2011) first in order to maintain the employment of foreigners within Chinese territory in accordance with social insurance and enjoy the legitimate rights and interests of social insurance benefits, strengthen the management of social security, in accordance with the People's Republic of China Law on social insurance (hereinafter referred to as the Social Security Act), these measures are formulated.

    Article foreigners employed in China, refers to the law of the employment permit, the foreign expert certificate, permanent press cards of foreign and other employment and residence documents, as well as holding the alien permanent residence permit, in the legal employment of persons not of Chinese nationality in China.

    Article in China legally registered or the registration of enterprises, institutions, social groups, non-profit enterprises, foundations, law firms, accounting firms and other organizations (hereinafter referred to as the employer) to hire foreigners, shall participate in the basic old-age insurance, basic medical insurance, work injury insurance, unemployment insurance and maternity insurance, pay social insurance premiums in accordance with regulations by the employer and himself.

    After the employment contracts with foreign employers, was dispatched to the territory of China registered or registration of branches, representative offices (hereinafter referred to as working units) alien shall participate in basic pension insurance, basic medical insurance, work injury insurance, unemployment insurance and maternity insurance from work and I pay social insurance premiums in accordance with regulations in the territory.

    Fourth employer recruiting a foreigner shall be from the date of employment certificate for it to carry out social insurance registration in the 30th.

    Overseas employer who employs foreign nationals to work in the unit working, should work in the unit in accordance with the provisions of the preceding paragraph apply for social insurance registration. According to foreign employment documents of the Agency, shall promptly inform local information about foreigners ' employment in China social insurance agencies.

    Social insurance agencies shall make enquiries with the relevant bodies on a regular basis a foreigner employment certificate.

    Article fifth participation in social insurance foreigners eligible, shall enjoy social insurance benefits.

    Before reaching the pensionable age provided departure, retained their social security personal accounts, came to China again, period of contributions accumulated upon his written application for termination of social security accounts, deposit amount once their social security personal accounts can also be paid in person.

    The sixth death of foreigners and their social security individual account balances can be inherited according to law.

    Article seventh foreigners enjoy monthly social security benefits outside China shall at least annually to the responsible pay for their treatment by the social insurance agency offers a Chinese diplomatic and consular mission survival certificate issued by, or by the relevant bodies of the country of residence notarization, certification and accreditation through the Chinese diplomatic and consular mission living proof.

    Aliens lawfully admitted, can go to the social insurance agency shall prove its own survival, survival certificate provided for in the preceding paragraph are no longer available. Eighth foreigners who participate in social insurance schemes according to law and the employer or working unit for social security disputes, can apply for mediation, arbitration and litigation.

    Working unit or units against their social security rights, foreigners can ask the social security administration or is imposed by the social insurance institution.

    Nineth has signed with the China social security bilateral or multilateral agreements nationality persons in employment in China, and participate in the social insurance scheme in accordance with the provisions of the agreement.

    Tenth, social insurance agencies shall be prepared in accordance with the social security numbers of foreigners rules for foreigners to establish social security number and the issuance of People's Republic of China social security card. 11th social security administrative departments shall, in accordance with the provisions of the social security law, supervise the implementation of the participation of foreigners in the social security check.

    The employer or working unit failing to recruit foreigners apply for social insurance registration or failing to pay social insurance fees, according to the social insurance law, the regulations on labor security supervision laws, administrative regulations and the relevant provisions of the regulations.

    An employing unit fails to employment certificate or foreigners who hold the alien permanent residence permit, in accordance with the regulations on the management of foreigners ' employment in China.

    12th these measures shall come into force on October 15, 2011.

    Annex: the foreign social security number knitting rules Annex: foreign social security number rules Foreigners to take part in China's social security, their social security numbers by foreign country or region code, a valid ID number form. Valid certificates for passports of foreigners or the alien permanent residence permit. Between the country code and ID number to reserve a place.

The form for:
      ───  ─  ────────
      │    │    │
      ││└----ID number
      │    │
      │    └───────预留位

└--------------Country or region code 1. country code press the "ISO3166-1-2006" national and area code country code provisions of part 3 of the letters of the alphabet, such as Germany for DEU, Denmark DNK.

    Meet international standards when upgrading, human resource and Social Security Department to determine upgrade time.

    Access to foreigners with permanent residence status in China country or area code and the number of the alien permanent residence permit in di1-3wei country or area code (three digits).

    2. the reservation bit 1 bit, by default is 0, in special circumstances, you can fill out the numbers from 1 to 9. 3. use the foreigner a valid passport number, you should include all the letters of the alphabet and Arabic numerals, not including the ".", "-", and other special characters.

    Compiled using the alien permanent residence permit number, di4-15wei number in the number for the document.

    (1) passport holders to an employer in China, G01234-56 of German personnel, for example, his social security number to: DEU0G0123456

         Country code reserved-valid passport number

    DEU 0 G0123456

    (2) to an employer in China's alien permanent residence permit holder number DNK324578912056 of Denmark national personnel, for example, their social security number is: DNK0324578912056

         Country code set aside-the alien permanent residence permit number

    DNK 0 324578912056 4. the database on foreigners ' social security number reserved 18-bits in length (including a valid passport number of up to 14-bit).

    Establishment number less than 18 digits, do not need to make up the digits. 5. the social security numbers of foreigners in China is unique and life changing. Its document number is changed, when they first register of insured's social security number as identification, social insurance institutions to join the papers types, record ID number changes accordingly.

Related Laws