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How do foreigners working in China pay social security?
Interim Measures for Foreigners Employed in China to Participate in Social Insurance
Rule number one
In order to safeguard the legitimate rights and interests of foreigners employed in China to participate in social insurance and enjoy social insurance benefits according to law, and to strengthen social insurance management, these Measures are formulated in accordance with the Social Insurance Law of People's Republic of China (PRC) (hereinafter referred to as the Social Insurance Law).
second
Foreigners employed in China refer to those who have obtained employment certificates such as Alien Employment Certificate, Foreign Expert Certificate, Foreign Resident Journalist Certificate and Alien Residence Certificate according to law, and those who hold Alien Permanent Residence Certificate and are legally employed in China.
Rule three.
Foreigners 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 in China shall participate in basic old-age insurance for employees, basic medical insurance for employees, industrial injury insurance, unemployment insurance and maternity insurance according to law, and employers and themselves shall pay social insurance premiums in accordance with regulations.
Foreigners assigned to work in branches or representative offices registered in China (hereinafter referred to as domestic work units) shall, after concluding labor contracts with overseas employers, participate in basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance according to law, and domestic work units and themselves shall pay social insurance premiums in accordance with regulations.
Article 4
Where an employing unit recruits foreigners, it shall handle social insurance registration for them within 30 days from the date of obtaining the employment permit. Foreigners sent by overseas employers to work in domestic work units shall be registered by domestic work units in accordance with the provisions of the preceding paragraph. The institution that handles the employment permit for foreigners according to law shall inform the local social insurance agency of the relevant information of foreigners' employment in China in time. Social insurance agencies shall regularly inquire about foreigners' employment certificates from relevant institutions.
Article 5?
Foreigners who participate in social insurance, who meet the requirements, enjoy social insurance benefits according to law. Those who leave the country before reaching the required pension age will have their social insurance personal accounts retained, and those who come to China for employment again will have their payment years accumulated; If I apply in writing to terminate the social insurance relationship, I can also pay the amount of personal social insurance account in one lump sum.
Article 6?
If a foreigner dies, the balance of his personal social insurance account can be inherited according to law.
Article 7?
Foreigners who enjoy social insurance benefits on a monthly basis outside China shall provide at least once a year a survival certificate issued by the China embassy or consulate abroad to the social insurance agency responsible for paying their benefits, or a survival certificate notarized by the relevant institutions in the country of residence and certified by the China embassy or consulate abroad.
Foreigners who legally enter the country can prove their living conditions at the social insurance agency on their own, and no longer provide the survival certificate stipulated in the preceding paragraph.
Article 8
Foreigners who have participated in social insurance in accordance with the law may apply for mediation, arbitration or bring a lawsuit in accordance with the law if there is a dispute with the employer or the domestic work unit. If an employer or a domestic work unit infringes upon its social insurance rights and interests, foreigners may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law.
Article 9?
Persons with the nationality of countries that have signed bilateral or multilateral social insurance agreements with China are employed in China, and the measures for participating in social insurance shall be handled according to the provisions of the agreement.
Article 10?
Social insurance agencies establish social security numbers for foreigners and issue social security cards of the People's Republic of China according to the Rules for the Compilation of Social Security Numbers for Foreigners.
Article 11?
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 domestic work unit fails to register social insurance for the recruited foreigners or fails to pay social insurance premiums for them 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 the employing unit recruits foreigners who have not obtained employment certificates according to law or have no permanent residence permit for foreigners, it shall be handled in accordance with the Regulations on the Administration of Employment of Foreigners in China.
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