Apply for handling in the unit, and let the unit be responsible for the consultation and communication with the Social Security Bureau.
Interim Measures for foreigners employed in China to participate in 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) for the purpose of safeguarding 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 strengthening the administration of social insurance.
Foreigners who are employed in China refer to those who have obtained employment documents and residence documents such as foreigner employment certificate, foreign expert certificate, foreign resident reporter card, etc. according to law, as well as non Chinese nationals who are legally employed in China and hold foreigner permanent residence certificate.
Foreigners who are legally recruited by enterprises, institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms and other organizations (hereinafter referred to as employers) registered or registered in China shall participate in basic endowment insurance, basic medical insurance, work injury insurance, unemployment insurance and maternity insurance according to law. The employers and I pay the social insurance premium in accordance with the regulations.
After entering into an employment contract with an overseas employer, a foreigner who is dispatched to work in a branch or representative office registered or registered in China (hereinafter referred to as a domestic work unit) shall, in accordance with the law, participate in the basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance and maternity insurance for the employees, and the domestic work unit and himself shall pay social insurance premiums in accordance with the regulations.
Where an employing unit recruits a foreigner, it shall, within 30 days from the date of applying for the employment certificate, register for social insurance. A foreigner dispatched by an overseas employer to work in a domestic work unit shall be registered for social insurance by the domestic work unit in accordance with the provisions of the preceding paragraph. Institutions handling employment certificates for foreigners in accordance with the law shall promptly inform local social insurance agencies of relevant information about foreigners’ employment in China. Social insurance agencies shall regularly inquire relevant agencies about foreigners’ application for employment certificates.
Foreigners who are eligible for social insurance shall enjoy social insurance benefits according to law. For those who leave China before reaching the prescribed age for receiving pension, their individual account of social insurance shall be kept. For those who come to China for employment again, the accumulated payment period shall be calculated; for those who apply in writing to terminate the relationship of social insurance, they can also pay the deposit of their individual account of social insurance to themselves once.
In the event of the death of a foreigner, the balance of the individual account of social insurance may be inherited according to law.
Foreigners who enjoy monthly social insurance benefits outside China shall provide the social insurance agency responsible for the payment of their benefits with a survival certificate issued by the Chinese embassy or consulate abroad at least once a year, or a survival certificate notarized and certified by the relevant agencies in the country of residence and certified by the Chinese embassy or consulate abroad.
Foreigners who enter the country legally may go to the social insurance agencies to prove their living conditions on their own, and no longer provide the survival certificates as prescribed in the preceding paragraph.
If a dispute arises between a foreigner participating in social insurance in accordance with the law and an employer or a domestic work unit due to social insurance, he may apply for mediation, arbitration or bring a lawsuit in accordance with the law. If an employing unit or a domestic working unit infringes upon its social insurance rights and interests, foreigners may also request the administrative department of social insurance or the social insurance fee collection agency to deal with it according to law.
If a person with the nationality of a country that has signed a bilateral or multilateral agreement on social insurance with China is employed in China, the measures for his participation in social insurance shall be handled in accordance with the provisions of the agreement.
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 establishment of social security numbers for foreigners.
The administrative department of social insurance shall, in accordance with the provisions of the social insurance law, supervise and inspect the participation of foreigners in social insurance. If the employing unit or the domestic working unit fails to handle the social insurance registration or pay the social insurance premium for the foreigner recruited according to law, it shall be handled in accordance with the provisions of the social insurance law, the regulations on labor security supervision and other laws, administrative regulations and relevant rules.
If an employing unit recruits foreigners who have not obtained employment certificates according to law or hold permanent residence permits for foreigners, it shall be dealt with in accordance with the regulations on the administration of employment of foreigners in China.