4-309, Fuzhou Bei Lu, Shibei District, Qingdao, China
With the development of globalization and the intensification of international personnel flows, the number of foreigners employed in China has also increased year by year. Faced with this situation, the Ministry of Human Resources and Social Security issued the "Interim Measures for Social Security Participation of Foreigners Employed in China" on September 6, 2011, which clearly stipulates that companies must provide insurance for foreigners legally employed in China. It purchases social insurance, including basic employee pension insurance, basic employee medical insurance, work-related injury insurance, unemployment insurance and maternity insurance. The implementation of these measures aims to protect the basic rights and interests of foreigners and improve their life and work security in China.
Scope and conditions of insurance for foreigners:
According to Articles 2 and 3 of the "Interim Measures for Social Security Participation of Foreigners Employed in China", foreigners can only obtain "Foreigner Employment Certificate", "Foreign Expert Certificate", "Foreign Permanent Journalist Card", etc. Only with employment certificates and foreigner residence certificates, and with the "Foreigner Permanent Residence Certificate", can you legally work in China, and the employer and you must pay social insurance premiums in accordance with regulations. At the same time, foreigners who are dispatched by overseas employers to work in branches or representative offices registered or registered in China are also required to participate in basic employee pension insurance, basic employee medical insurance, work-related injury insurance, unemployment insurance and maternity insurance in accordance with the law. The employer and I shall pay social insurance premiums in accordance with regulations.
How to apply for social security for foreigners:
Before foreigners participate in social security, they need to provide some necessary information, such as their passport, foreigner work permit, foreigner residence permit, "Social Security Personal Information Registration Form", "Social Security Insurance Personnel Addition Form", etc. For foreigners who participate in insurance for the first time, the employer should bring relevant materials to the social security agency or social security online system in the place where they participate in the insurance to go through the insurance enrollment procedures. For the specific insurance participation process, foreigners can apply through the online declaration system and log in to the Social Security Bureau website to declare online. At the same time, print out the "Personal Information Registration/Suspension/Transfer/Insurance Change/Resumption of Insurance/Salary Change Application for Corporate Employee Participation in Social Insurance" , attach the application materials to the collection front desk for processing. In this way, it complies with my country's regulations, and foreigners legally employed in China must participate in social insurance. The social security accounts of foreigners are the same as those of Chinese citizens. They will have details and personal accounts after each payment. If foreigners return to their nationality and meet the age requirements for receiving it, they can apply to receive basic pensions on a monthly basis in accordance with my country's regulations. If the conditions for collection are not met before leaving the country, the social security account will be retained. Specific issues regarding social security accounts will be introduced in detail later in this article.
Under what circumstances are foreigners exempt from paying social security contributions:
For employees with the nationality of a country that has signed a bilateral or multilateral agreement on social insurance payment with my country, the Chinese government has clearly stipulated that if they provide an insurance certificate issued by the agreement country within 3 months of obtaining an employment permit in my country in accordance with the law, they should be exempted from the contract in accordance with the provisions of the agreement. Specify the payment obligations for insurance types within a specified period. As of 2019, my country has signed bilateral social security agreements with 12 countries. Among them, social security agreements signed with 10 countries including Germany, South Korea, Denmark, Canada, Finland, Switzerland, the Netherlands, Spain, Luxembourg and Japan have come into effect.
What information do foreigners need to provide to participate in social security?
The materials that foreigners need to prepare to participate in social security include their passport, foreigner work permit, foreigner residence permit, "Social Security Personal Information Registration Form", "Social Security Insurance Personnel Addition Form", etc. In addition, you also need to provide your own photos (two recent one-inch, bareheaded, color, white background, developed photos), other relevant supporting materials, etc. Foreigners should note that since my country's social security cannot be connected with foreign social security, foreigners' social security in my country cannot be transferred back to their home country. If they return to work in China, their social security in China will not be transferred back to their home country.
Problems with social security accounts for foreign talents leaving the country
If foreigners who are legally employed in China leave the country before the pension age, their personal social insurance accounts can be retained. When they come to work in China again, the payment period can be calculated cumulatively. If the social insurance relationship is terminated upon my written application, the balance of my social insurance personal account can be settled in the form of a one-time payment to me. At the same time, if a foreigner dies, the balance of his personal pension insurance account can be inherited in accordance with the law. This issue needs to protect the rights and interests of foreigners in practice.
During the process of participating in social security, foreigners should pay close attention to changes in my country's social security policies and regulations and adjust their work and life plans in a timely manner. At the same time, based on the principle of good faith, foreigners should conscientiously fulfill their insurance participation obligations, pay social security fees in full and on time, and strive to obtain practical protection and security in their future life and retirement.
sources from CNVISA