Circular of Shanghai Municipal Human Resource and Social Security Bureau on Several Issues Concerning the Participation in Urban Employees' Social Insurance for the Employees in Shanghai who are Foreigners, Overseas Chinese with Permanent/ Long-term Residence Permits Abroad and Taiwan, Hong Kong or Macau Residents

Document No (38) 2009
Issued by Welfare & Insurances Division,
Human Resource and Social Security Bureau, October 10, 2009

The Concerned Committees, Offices, Bureaus, (Holding) Group Corporations, Enterprises (Group) Corporations, the Municipal Settlement & Administration Center for Social Insurance Funds, the Municipal Administration Center of Medical Insurance Affairs, the District and County Human Resource and Social Security Bureau, the District and County Administration Centers for Social Insurance Funds, the District and County Administration Center of Medical Insurance Affairs and Employers:

In accordance with the Interim Regulation on the Collection and Payment of Social Insurance Premiums (Decree No.259 [1999] of the State Council), the Provisions on the Administration of Employment of Taiwan, Hong Kong and Macau Residents in the Mainland (Decree No. 26 of the Labor and Social Security Ministry),Reply Letter Concerning Relevant Issues on Social Security for the Chinese Nationals with Permanent Residence Identity Card Abroad during Their Employment in China (Letter No. 198 [2001] of the Ministry of Labor and Social Security) and Circular of Shanghai Municipal People’s Government Concerning Printing and Distributing "Provisions on Encouraging Personnel Schooled Abroad to Work and Start an Undertaking in Shanghai ([2005] No.34 of Shanghai Municipal Government), we hereby notify you the relevant issues concerning the participation in urban employees?social insurance of the Municipality for the employees in Shanghai who are foreigners, Chinese nationals with permanent/long-term residence permits abroad and Taiwan, Hong Kong or Macau Residents. (Hereinafter referred to as employees in Shanghai who are foreigners, Chinese nationals with permanent/long-term residence permits abroad, and Taiwan, Hong Kong or Macau Residents).

1. If the employees in Shanghai who are foreigners, Chinese nationals with permanent/long-term residence permits abroad, and Taiwan, Hong Kong or Macau Residents establish labor/employment relationships with the employers which are within the scope of urban basic pension insurance of the Municipality and if such employees hold certificates such as Foreign Expert Certificate, Shanghai Residence Permit (Type B ), Employment Permit for Foreigners, Employment Permit for Taiwan, Hong Kong or Macau Residents and Employment Permit in Shanghai for Overseas Chinese according to the relevant regulations, they may participate in Shanghai urban basic pension insurance, basic medical insurance and work-related injury insurance in accordance with the relevant regulations. The participation in social insurance shall be agreed upon in the labor/employment contract.
   
   
2. When the employees who are foreigners, Chinese nationals with permanent/long-term residence permits abroad, and Taiwan, Hong Kong or Macau Residents are over 60 for males and 55 for females, if they have participated in social insurance and their duration of social insurance premium payment is in line with the regulations of the State and the Municipality, they may handle the procedure on the application for basic pension and the pension shall be calculated and paid in accordance with the Circular on the Adjustment of the Calculation and Payment Methods for Basic Pension for the Urban Enterprises in the Municipality ( [2007] No.27 of Shanghai Municipal Government). For employees who are unqualified for the pension, if they are employed then the social insurance premium can still be paid and if they are unemployed, the balance deposited in their personal pension insurance account may be paid to the employees in a lump sum by the settlement organization of social security (The balance and interest arising from the policy of “Xu Zhang Shi Ji?shall be excluded. Translator’sNote: “Xu Zhang Shi Ji?is a policy indicates that the social insurance fund shall allocate a specific sum to the participant’s account for the employee who was firstly employed before 1992) and terminate the basic pension insurance.
   
   
3. If the employees in Shanghai who are foreigners, Chinese nationals with permanent/long-term residence permits abroad, and Taiwan, Hong Kong or Macau Residents are ill during their participation of social security, they will be entitled to basic urban medical insurance treatments. The amount allocated to employees?personal account from the employers?social insurance premium payment and medical insurance treatments shall be executed in accordance with the relevant regulations of urban medical insurance of the Municipality based on employees?age.
   The medical expenses occurred outside mainland China during the participation of social security shall not be settled.
   
   
4. If the employees in Shanghai who are foreigners, Chinese nationals with permanent/long-term residence permits abroad, and Taiwan, Hong Kong or Macau Residents are injured or suffer from occupational disease during their participation of social security, the ascertainment work-related injury, the appraisal of the labor capability and the work-related injury insurance treatments shall be executed in accordance with the relevant regulations of the Municipality.
   
   
5. After participated the social security, the employees in Shanghai who are foreigners, Chinese nationals with permanent/long-term residence permits abroad, and Taiwan, Hong Kong or Macau Residents, and whose age is under 60 for male or 55 for female, if their labor/employment relationship is ended or terminated with the employer in Shanghai and the employees depart from mainland China, the employees may apply for termination of basic pension insurance in the settlement organization of social security and the organization shall make payment of the deposited personal account balance to the employee in a lump sum. (The balance and interest arising from the policy of “Xu Zhang Shi Ji?shall be excluded.) At the same time, the employee may apply for the procedure on the cancellation of the personal medical insurance account to the municipal medical insurance settlement organization and the balance in the personal medical insurance accounts shall be calculated by the district/county medical insurance office in accordance with the regulations. The balance after calculation shall be paid to the employee in cash.
   
   
6. For the employees in Shanghai who are foreigners, Chinese nationals with permanent/long-term residence permits abroad, and Taiwan, Hong Kong or Macau Residents and who have participated in social insurance, in the case that the social insurance relationship is terminated due to the participant’s decease, the employee’s personal payment of social insurance premium deposited in the personal pension insurance account as well as the balance in the personal medical insurance account determined after the calculation can be inherited.
   
   
7. The circular shall be executed as of the date of promulgation.

Shanghai Municipal Human Resource and Social Security Bureau
October 10th, 2009