China Issues Notice To Clarify Issues Relating To Participation In Social Insurance By Foreigners Employed In China

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Orrick, Herrington & Sutcliffe LLP
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Orrick, Herrington & Sutcliffe LLP
On December 2, 2011, the Ministry of Human Resources and Social Security ("MOHRSS") issued the Notice on Relevant Issues Concerning Improving the Work on Participation in Social Insurance by Foreigners Employed in China.
China Employment and HR
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On December 2, 2011, the Ministry of Human Resources and Social Security ("MOHRSS") issued the Notice on Relevant Issues Concerning Improving the Work on Participation in Social Insurance by Foreigners Employed in China. The notice requires local counterparts of MOHRSS to strictly implement the Social Insurance Law of the People's Republic of China and the Interim Measures for Participation in Social Insurance by Foreigners Employed in China. Foreigners qualifying for social insurance who were employed in China on or before October 15, 2011 must complete the social insurance registration procedures with their employers and pay social insurance premiums starting from October 15, 2011. Overdue penalties apply if obligations accrued from October 15, 2011 are paid after January 1, 2012. Social insurance premiums for all foreigners employed after October 15, 2011 must be paid beginning from the first month of employment in China. Foreigners from countries with bilateral or multilateral social insurance agreements with China are exempt from the social insurance scheme, provided that they provide documentary evidence showing their participation in the social insurance scheme in their home country within three months after obtaining their Chinese employment. Failure to provide the necessary documentation within the deadline will result in overdue penalties.

The full Chinese text of the notice is available here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

China Issues Notice To Clarify Issues Relating To Participation In Social Insurance By Foreigners Employed In China

China Employment and HR
Contributor
Orrick, Herrington & Sutcliffe LLP
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