Interim Measures for the Participation in Social Insurance of Foreigners Employed in China

Interim Measures for the Participation in Social Insurance of Foreigners Employed in China Order of the Ministry of Human Resources and Social Security (No. 16) The Interim Measures for the Participation in Social Insurance of Foreigners Employed in China, as deliberated and adopted at the 67th executive meeting of the Ministry of Human Resources and Social Security and approved by the State Council, are hereby issued and shall come into force on October 15, 2011. Yin Weimin, Minister September 6, 2011 Interim Measures for the Participation in Social Insurance of Foreigners Employed in China Article 1 To protect the legal rights and interests of foreigners employed in China in participating in social insurance and enjoying social insurance benefits according to law and 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 the “ Social Insurance Law ”). Article 2 The “Foreigners employed in China” refer to the persons without Chinese nationality who have legally obtained the employment certificates, such as the Employment Certificate for Foreigners, the Foreign Expert Certificate and the Certificate of Resident Foreign Correspondents, and residence certificates for foreigners or are holding the Permanent Resident Permit for Foreigners and are legally employed within the territory of China. Article 3 Foreigners legally employed by enterprises, public institutions, social organizations, private non-enterprise entities, foundations, law firms, accounting firms and other organizations which are legally registered in China (hereinafter the “employers”) shall participate in the basic endowment insurance for employees, basic medical insurance for employees, work-related injury insurance, unemployment insurance and maternity insurance according to law, and the social insurance premiums shall be paid by the employers and foreigners according to the relevant provisions. A foreigner who, after entering into an employment contract with an overseas employer, is dispatched to a branch or representative office registered in China (hereinafter referred to as the “domestic entity”) shall participate in the basic endowment insurance for employees, basic medical insurance for employees, work-related injury insurance, unemployment insurance and maternity insurance according to law, and the social insurance premiums shall be paid by the domestic entity and the foreigner in accordance with the relevant provisions. Article 4 Where a foreigner is employed, the employer shall, within 30 days from the date on which the employment certificate is handled, handle the social insurance registration for the foreigner. For a foreigner who is dispatched by an overseas employer to a domestic entity, the domestic entity shall handle the social insurance registration for the foreigner according to the provision of the preceding paragraph. Ins......