Foreign nationals working in China entitled to social security under new rules

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Foreign nationals working in China

On 6 September, the Ministry of Human Resources and Social Security promulgated the Foreign Nationals Employed in China Participating in Social Insurance Interim Measures, which came into force on 15 October.

Scope of application

The Measures govern foreign nationals who have obtained employment in China, i.e. people of non-Chinese nationality who have obtained employment certificates (such as work permits for foreigners, permits for foreign experts or permits for resident foreign correspondents) and residence certificates for foreigners, and who hold permanent residence permits for foreigners and are working lawfully in China.

The Measures provide that employing units which are legally registered in China such as enterprises, institutions, social organizations, private non-enterprise entities, foundations, law firms and accounting firms, and the foreign nationals they legally hire, must pay social insurance premiums for basic pension insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance in accordance with the law.

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Business Law Digest is compiled with the assistance of Haiwen & Partners. The authors can be emailed at baochen@haiwen-law.com. Readers should not act on this information without seeking professional legal advice.