Provisional Measures for Foreigners Working in China to Participate in Social Insurance Program

Q: Who are considered foreigners working in China?

A: Foreigners working in China are the non-Chinese nationals who have lawfully obtained employment documents (e.g. the Foreigner's Work Permits in the People's Republic of China, Press Cards) and residence permits, or Foreign Permanent Resident ID Cards, and are legally employed within the territory of China.

Q: What types of social insurance must employers provide for foreign employees?

A: Employers must register foreign employees for the following types of social insurance according to the law: basic pension insurance for employees; basic medical insurance for employees; work-related injury insurance; unemployment insurance; and maternity insurance. Both employers and employees are required to contribute to the insurance premiums.

Q: How should foreign employees assigned by overseas employers to China-based branches participate in social insurance?

A: The domestic employing entity shall, in accordance with the law, enroll the individuals concerned in the five types of social insurance for employees (basic pension insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance) and jointly pay the contributions together with the employees concerned.

Q: When should employers complete social insurance registration for their foreign employees?

A: An employer must, within 30 days from the date a foreign employee obtains his/her employment permit, complete social insurance registration for the foreign employee concerned.

Q: How should a foreigner handle his/her social insurance personal account upon departure from the country?

A: If the foreigner leaves China before reaching the statutory pension age, the individual account may be kept, and the contribution period will be cumulatively calculated after he/she returns and gets employed in China. Alternatively, he/she may apply in writing for the termination of his/her social insurance relationship and withdraw the balance of the individual account in a lump sum.

Q: How is the balance of a deceased foreigner's individual social insurance account handled?

A: The balance can be legally inherited.

Q: How should a foreigner receiving Chinese social insurance benefits abroad verify his/her eligibility?

A: Verification must be conducted once a year. This can be done through a certificate of life issued by a Chinese embassy or consulate, or a notarized and authenticated certificate from an overseas institution. Another option is online self-service. Those who legally enter China may verify their eligibility in person at a social insurance agency or through online self-verification.

Q: How should disputes over social insurance between foreign employees and employers be resolved?

A: Disputes may be resolved by applying for mediation, arbitration, or litigation in accordance with the law. If their rights are infringed, foreign employees may request the social insurance administrative departments or contribution collection agencies to intervene.

Q: How can foreigners obtain the Social Security Numbers and Social Security Cards?

A: Social insurance agencies will assign the Social Security Numbers and issue the Social Security Cards of the People's Republic of China in accordance the Rules for Assigning Social Security Numbers to Foreigners.

Q: What are the consequences an employer will face if it fails to register or contribute to social insurance for foreign employees as required?

A: Such cases will be handled in accordance with the Social Insurance Law, Labor Security Supervision Regulations, and other applicable laws.

If an employer hires a foreigner without legal employment or permanent residence permit, the case will be processed under the Regulations on the Administration of Employment of Foreigners in China.