Social Security Policy for Foreigners Employed in China

Article 1: In order to safeguard the legitimate rights and interests of foreigners employed in China to participate in social insurance and enjoy social insurance benefits in accordance with the law, and to strengthen the administration of social insurance, 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 relevant laws and regulations.

Article 2: Foreigners employed in China refer to individuals of non-Chinese nationality who have legally obtained employment permits such as the "Work Permit for Foreigners in the People's Republic of China," "Resident Journalist Permit for Foreigners," and other relevant employment documents, as well as foreigner's residence permits or permanent residence permits, and are legally employed within the territory of China.

Article 3: Foreigners employed by organizations legally registered or registered in China, including enterprises, public institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms, etc. (hereinafter referred to as "employers"), shall participate in the basic pension insurance for employees, basic medical insurance for employees, work-related injury insurance, unemployment insurance, and maternity insurance in accordance with the law. The employers and the foreigners themselves shall pay social insurance premiums in accordance with the regulations.

Foreigners who have entered into employment contracts with overseas employers and are then dispatched to work at branch offices or representative offices registered or registered in China (hereinafter referred to as "domestic work units") shall participate in the basic pension insurance for employees, basic medical insurance for employees, work-related injury insurance, unemployment insurance, and maternity insurance in accordance with the law. The domestic work units and the foreigners themselves shall pay social insurance premiums in accordance with the regulations.

Article 4: Employers who hire foreigners shall register them for social insurance within 30 days of obtaining their employment permits.

Foreigners dispatched by overseas employers to work at domestic work units shall be registered for social insurance by the domestic work units in accordance with the provisions of the preceding paragraph. 

The agency responsible for issuing foreign employment permits in accordance with the law shall promptly notify the local social insurance agency of the relevant information regarding foreigners' employment in China. The social insurance agency shall regularly inquire with relevant agencies about the status of foreigners' employment permit applications.

Article 5: Foreigners who participate in social insurance shall enjoy social insurance benefits in accordance with the law if they meet the conditions.

For those who leave the country before reaching the prescribed age for receiving pension benefits, their individual social insurance accounts shall be retained.  If they come to work in China again, their payment years shall be calculated cumulatively.  Upon their written application to terminate the social insurance relationship, the balance in their individual social insurance account may also be paid to them in a lump sum.

Article 6: When a foreigner dies, the balance in their individual social insurance account may be inherited in accordance with the law.

Article 7: Foreigners who receive monthly social insurance benefits outside of China shall verify their eligibility for social insurance benefits once a year. To verify their eligibility, they may provide a certificate of survival issued by a Chinese embassy or consulate abroad, or a certificate of survival notarized and certified by the relevant authority of their country of residence and further certified by a Chinese embassy or consulate abroad, to the social insurance agency responsible for paying their benefits. Alternatively, they may also complete the verification process online through self-service in accordance with the regulations. If there are provisions in international treaties concluded or acceded to by China that stipulate otherwise, the certification procedures specified in those treaties shall be followed.

Foreigners who enter China legally shall verify their eligibility for social insurance benefits once a year. The verification of eligibility can be done through online self-service in accordance with the regulations, or by personally proving their survival status at the social insurance agency.

Article 8: Foreigners who participate in social insurance in accordance with the law may apply for mediation, arbitration, or initiate legal proceedings in case of disputes with their employers or domestic work units regarding social insurance. If their social insurance rights and interests are infringed upon by their employers or domestic work units, foreigners may also request the social insurance administrative department or the social insurance premium collection agency to handle the matter in accordance with the law.

Article 9: For individuals who hold citizenship of countries that have signed bilateral or multilateral social insurance agreements with China and are employed within Chinese territory, their participation in social insurance shall be handled in accordance with the provisions of the agreements.

Article 10: Social insurance agencies shall establish social security numbers for foreigners and issue Social Security Cards of the People's Republic of China in accordance with the "Rules for the Assignment of Social Security Numbers to Foreigners".

Article 11: The social insurance administrative department shall supervise and inspect the participation of foreigners in social insurance in accordance with the provisions of the Social Insurance Law. If an employer or a domestic work unit fails to register a foreign employee for social insurance or fails to pay social insurance premiums for them in accordance with the law, it shall be handled in accordance with the provisions of the Social Insurance Law, the "Regulations on Labor Security Supervision," and other relevant laws, administrative regulations, and rules.

If an employer hires a foreigner who has not obtained an employment permit in accordance with the law or who holds a foreigner's permanent residence permit but is not employed in accordance with the regulations, it shall be handled in accordance with the "Regulations on the Administration of Employment of Foreigners in China".

Article 12: These Measures shall come into effect on October 15, 2011.