Home   FAQ  Corporate Service  Other Jurisdictions  Q&A Regarding Agreement on Mutual Exemption of Social Security between China and South Korea 

FAQ

SHARE

Corporate Service - Other Jurisdictions

Question

Q&A Regarding Agreement on Mutual Exemption of Social Security between China and South Korea

Answer
To effectively solve the problem of double payment of social insurance premiums for personnel working in each other’s country, China and South Korea formally signed the Social Security Agreement between the People’s Republic of China and the Republic of South Korea on October 29, 2012 (hereinafter referred to as Agreement). The Agreement officially entered into force on January 16, 2013. This article aims to solve frequently asked questions in the form of Q&A for clients’ reference.

Q: Which type of insurance is mutually exempted according to the Agreement?
A: The mutually exempted insurances are urban staff basic pension insurance, new rural social pension insurance, urban resident’s social pension insurance and unemployment insurance in China, and the national annuity, government public employee annuity, private school staff annuity and employment insurance in South Korea.

Q:
Who can be exempted from paying relevant social insurance premiums in South Korea?
A:
1. Dispatch personnel, which refer to workers of domestic companies who have been insured in China are dispatched to companies or institutions established by the company in South Korea (including branches, affiliates, or branches of the company).
2. Short-term employees, which refer to persons who have been insured in China who are employed by employers with business premises in South Korea and whose employment period does not exceed 5 years.
3. Self-employed persons and investors, which refer to persons who have been insured in China are temporarily engaged in self-employment activities in South Korea and are legally registered to invest in wholly foreign-owned or joint ventures and live in South Korea or work in the wholly foreign-owned enterprise or joint venture.
4. Employees on seafaring ships and aircraft which refer to persons employed on seafaring ships flying the Chinese flag, and persons employed on seafaring ships flying the South Korea flag usually residing on Chinese territory. The persons employed by a headquarter in China and the management personnel or crew members works on an aircraft.
5. Personnel of diplomatic and consular institutions which refer to staff of Chinese diplomatic and consular offices in South Korea and Chinese personnel who employed by them.
6. Persons employed by the government or public agencies, which refer to persons who are employed by the Chinese central or local government or other public agencies and are sent to work in the South Korean territory.

Q:
Who can be exempted from paying relevant social insurance premiums in China?
A:
The conditions applicable to South Korea who are exempted from paying social insurance premiums in China are the same as those applicable of Chinese working in South Korea.

Q:
How long could the exemption period last for dispatched personnel and short-term employees from paying social insurance premiums?
A:
The maximum period for dispatched personnel to be exempted from payment of social insurance for the first time is 60 calendar months. If required by work, the exemption period can be extended to 120 calendar months after approval. Under special circumstances, the last exemption period shall be extended upon approval, and the maximum period shall not exceed 36 calendar months.
The maximum period for short-term employees to be exempted from payment of social insurance is 60 calendar months.

Q:
What materials need to be provided to apply for exemption from paying relevant social insurance premiums?
A:
Applicants need to submit the Insurance Certificate to apply for exemption from paying corresponding social insurance premiums.

Q:
Can South Korean personnel apply for exemption from paying relevant social insurance premiums in China if they cannot provide Insurance Certificate?
A:
No. For South Korean personnel who cannot submit the Insurance Certificate in China, the local social insurance agencies should urge them to participate in China’s social insurance according to relevant regulations.

Q:
Apart from the staff basic pension insurance and unemployment insurance, can other social insurances be exempted from payment for South Korean personnel working in China?
A:
No. In addition to the staff basic pension insurance and unemployment insurance as stipulated in the Agreement, South Korean personnel in China should participate in other types of social insurance in China in accordance with relevant regulations.

Language

繁體中文

简体中文

日本語

close