Issued by: Ministry of Human Resources and Social Security
Issue No.: Renshebuling No.54
Release Date: December 23, 2024
Effective Date: December 23, 2024
Links: https://www.mohrss.gov.cn/xxgk2020/fdzdgknr/zcfg/xgfzjd/202412/t20241226_533334.html
https://www.mohrss.gov.cn/xxgk2020/gzk/gz/202112/t20211228_431615.html
The Ministry of Human Resources and Social Security has recently amended the Interim Measures for Foreigners Employed in China to Participate in Social Insurance. The amendment reiterates the obligation of foreigners to participate in social insurance while working in China. The following points are noteworthy:
1. Employers who hire foreign nationals are obligated to complete the social insurance registration for these individuals within 30 days of obtaining their work permits;
2. Foreigners who are employed by an overseas employer and dispatched to work at a branch or representative office in China shall also participate in social insurance as required by law. Both the domestic entity and the individual shall pay the social insurance as stipulated;
3. Foreign individuals employed in China who are nationals of countries that have entered into bilateral or multilateral social security agreements with China (for example, Japan, South Korea, Germany, etc.) may be exempted from certain social insurance payment obligations, in accordance with the terms of the respective agreements;
4. The Social Insurance Administration Department is responsible for supervising and inspecting the participation of foreigners in social insurance. Employers who do not legally pay social insurance premiums for their foreign employees will be subject to penalties in accordance with the Social Insurance Law and other relevant regulations.
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