
【浙丰涉外】在华就业的外国人如何在中国参加社保?
发表于:2024-12-26 21:03:07 浏览:92次
According to the Interim Measures for Foreigners Employed in China to Participate in Social Insurance, whether they are foreign employees lawfully recruited by employers in China or foreigners dispatched by overseas employers to work in China, they shall participate in employee basic pension insurance, employee basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance in accordance with the law, and both domestic employers and themselves shall pay social insurance premiums in accordance with the regulations.
“在中国就业的外国人”是指依法获得《外国人就业证》、《外国专家证》、《外国常驻记者证》等就业证件和外国人居留证件,以及持有《外国人永久居留证》,在中国境内合法就业的非中国国籍的人员。"
Foreigners employed in China" refer to non Chinese nationals who have obtained employment documents such as the "Foreigner Employment Permit", "Foreign Expert Certificate", "Foreign Resident Journalist Certificate", and foreign residence permits in accordance with the law, as well as those who hold the "Foreigner Permanent Residence Permit" and are legally employed in China.
那么在中国境内工作的外国人如何参加社保呢?法律规定用人单位招用外国人的,应当自办理就业证件之日起30日内为其办理社会保险登记。受境外雇主派遣到境内工作单位工作的外国人,应当由境内工作单位按照前款规定为其办理社会保险登记。
So how do foreigners working within China participate in social security? According to the law, if an employer hires foreigners, they shall register for social insurance within 30 days from the date of obtaining the employment certificate. Foreigners dispatched by overseas employers to work in domestic work units shall be registered for social insurance by domestic work units in accordance with the provisions of the preceding paragraph.
参加社保的外国人如何享受社保待遇?
参加社会保险的外国人,符合条件的,依法享受社会保险待遇。在达到规定的领取养老金年龄前离境的,其社会保险个人账户予以保留,再次来中国就业的,缴费年限累计计算;经本人书面申请终止社会保险关系的,也可以将其社会保险个人账户储存额一次性支付给本人。外国人死亡的,其社会保险个人账户余额可以依法继承。在中国境外享受按月领取社会保险待遇的外国人,应当至少每年向负责支付其待遇的社会保险经办机构提供一次由中国驻外使、领馆出具的生存证明,或者由居住国有关机构公证、认证并经中国驻外使、领馆认证的生存证明。外国人合法入境的,可以到社会保险经办机构自行证明其生存状况,不再提供前款规定的生存证明。
How do foreigners who participate in social security enjoy social security benefits? Foreigners who participate in social insurance and meet the conditions shall enjoy social insurance benefits in accordance with the law. Those who leave the country before reaching the prescribed age for receiving pension will have their social insurance personal accounts retained. Those who come to China again for employment will have their payment years accumulated; If the individual applies in writing to terminate their social insurance relationship, they can also make a one-time payment of the social insurance personal account deposit to the individual. If a foreigner dies, their personal social insurance account balance can be inherited in accordance with the law. Foreigners who enjoy monthly social insurance benefits outside of China shall provide at least once a year a survival certificate issued by the Chinese embassy or consulate abroad, or a survival certificate notarized and certified by relevant institutions in the country of residence and authenticated by the Chinese embassy or consulate abroad, to the social insurance agency responsible for paying their benefits. Foreigners who enter the country legally can go to the social insurance agency to prove their survival status on their own, and no longer provide the survival certificate specified in the preceding paragraph.