Notice on Issues related to Accomplishing the Task of Participation in Social Insurance by Foreigners Employed in China

The Ministry of Human Resources and Social Security (MOHRSS) has issued Decree No.113, "Notice on Issues related to Accomplishing the Task of Participation in Social Insurance by Foreigners Employed in China" ("Notification") on Dec.6, 2011. The key points are as follows:

(1) If foreigners meet the requirements, they must be enrolled in the social insurance scheme before 31 December 2011.

(2) Foreigners who were employed in China before 15 October 2011 and who qualify for social insurance must participate in social insurance and pay premiums from 15 October 2011. There are no fines for overdue payment for those who register for social insurance and pay premiums between 15 October and 31 December 2011.

(3) For those who register and pay premiums after 1 January 2012, the fine for overdue payment will be calculated from 15 October 2011.

(4) Social insurance payments for foreigners who started working in China after 15 October 2011 will be collected from the month they start working in China.

(5) The Notification clarifies that foreigners may draw pension insurance benefits when they reach retirement age as provided under the current rules.

(6) The maternity expenses incurred in China within the coverage of maternity insurance will be paid from the local maternity insurance fund. Specific rules will be issued separately by provinces, autonomous regions and municipalities.

(7) No additional regulation is provided for unemployment insurance.

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