Provisions of Beijing Municipality on Paying Social Security for Foreigners

Legal analysis: According to the relevant policies of Beijing, social security is allowed to be paid, regardless of whether it is a foreign household registration. It must be applied by the unit, and individuals cannot pay social security directly. It should be noted that the situation that social security is allowed to be paid back must be due to the employer's reasons, which leads to the insured paying social security fees but not paying them.

Legal basis: Article 63 of People's Republic of China (PRC) Social Insurance Law. If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.