Delta Law Expat Services Desk ｜ Interim Measures for Participation in Social Insurance by Foreigners Employed in China（《在中国境内就业的外国人参加社会保险暂行办法》）, Order No. 16 of the Ministry of Human Resources and Social Security, as amended by Order No. 54（人力资源社会保障部令第54号）, current version in force from 2024-12-23
- Participation is mandatory, not optional. Article 3 covers both directly-hired and dispatched foreign employees — both must join all five statutory insurance items.
- Registration is due within 30 days of the employment document being obtained (Article 4) — the clock runs from the document, not the first day of work.
- A bilateral or multilateral totalization agreement can exempt participation under Article 9; this page does not recite the current country list — verify that with the competent authority.
- Order No. 54, effective 2024-12-23, amended only Articles 1, 2, 7 and 11(2) and the annex, leaving Article 3's mandatory-participation architecture untouched.
- The consequential change is Article 7: overseas benefit recipients now verify eligibility once a year, with an online self-service option, replacing the old proof-of-life certificate cycle.
- The Measures carry no penalty clause of their own — Article 11(1) refers enforcement to the Social Insurance Law and the Regulation on Labour Security Supervision.
1. The document at a glance
| Item | Content |
|---|---|
| Full title | Interim Measures for Participation in Social Insurance by Foreigners Employed in China（《在中国境内就业的外国人参加社会保险暂行办法》） |
| Document number | Order No. 16 of the Ministry of Human Resources and Social Security（人力资源和社会保障部令第16号）, as amended by the Decision issued as Order No. 54 of the Ministry of Human Resources and Social Security（人力资源社会保障部关于修改《在中国境内就业的外国人参加社会保险暂行办法》的决定，人力资源社会保障部令第54号） |
| Adopted / promulgated | Original Measures: adopted at the 67th executive meeting of the Ministry of Human Resources and Social Security, approved by the State Council, promulgated 2011-09-06（已经人力资源和社会保障部第67次部务会审议通过，并经国务院同意，现予公布……二〇一一年九月六日）. Amending Decision: adopted 2024-11-11 at the 41st executive meeting, promulgated as Order No. 54 on 2024-12-23（2024年11月11日经人力资源社会保障部第41次部务会审议通过 2024年12月23日人力资源社会保障部令第54号公布）. |
| Current version in force from | Original Measures in force from 2011-10-15; the amending Decision is in force from its own promulgation date, 2024-12-23（自公布之日起施行）, applying only to Articles 1, 2, 7 and 11(2) and the annex — the rest is unamended 2011 text. |
| Issuing authority | Ministry of Human Resources and Social Security of the People's Republic of China（中华人民共和国人力资源和社会保障部） |
| Official text | https://www.gov.cn/gongbao/content/2012/content_2106864.htm （2011 original text, State Council Gazette）；https://www.gov.cn/gongbao/2025/issue_11806/202501/content_6999379.html （2024 amending Decision, State Council Gazette） |
| What this page covers | The statutory basis for mandatory participation and the Article 9 bilateral-treaty exemption structure, and the practical effect of the four provisions Order No. 54 amended in December 2024. |
2. Mandatory participation: scope and who is caught
Article 2 defines who counts as "a foreign national employed within the territory of China" for the whole Measures — one of the four provisions Order No. 54 amended, to bring the certificate names up to date.
【2011年原文】第二条 在中国境内就业的外国人，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。
【现行文本，人社部令第54号决定第二项】二、将第二条修改为“在中国境内就业的外国人，是指依法获得《中华人民共和国外国人工作许可证》、《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件，在中国境内合法就业的非中国国籍的人员。”
Both versions define the term identically in structure — a person of non-Chinese nationality lawfully holding the listed employment document and residence permit, or a permanent-residence document, who is lawfully employed in China. Only the document names changed: the 2011 text named the Foreigner's Employment Certificate, the Foreign Expert Certificate and the Foreign Resident Correspondent Certificate, plus the Foreign Permanent Residence Permit; the text as amended by Order No. 54 (Decision, item 2) names the Work Permit for Foreigners in the People's Republic of China and the Foreign Resident Correspondent Certificate, plus, more broadly, a foreign national's permanent residence document.
Unofficial translation; the Chinese text as officially published prevails.
The change is a name swap, not a policy change. The old text named the 《外国人就业证》(Foreigner's Employment Certificate) and 《外国专家证》(Foreign Expert Certificate) — two names the amended text no longer uses, functionally overlapping with the 《外国人工作许可证》 — and the fixed card name 《外国人永久居留证》. The new text drops the two obsolete names and broadens the permanent-residence document name to 「外国人永久居留证件」, covering both the legacy card and the ID-card-format document issued since 2023. 这条改的是证件名称，不是参保规则本身。
在中国境内依法注册或者登记的企业、事业单位、社会团体、民办非企业单位、基金会、律师事务所、会计师事务所等组织（以下称用人单位）依法招用的外国人，应当依法参加职工基本养老保险、职工基本医疗保险、工伤保险、失业保险和生育保险，由用人单位和本人按照规定缴纳社会保险费。
与境外雇主订立雇用合同后，被派遣到在中国境内注册或者登记的分支机构、代表机构（以下称境内工作单位）工作的外国人，应当依法参加职工基本养老保险、职工基本医疗保险、工伤保险、失业保险和生育保险，由境内工作单位和本人按照规定缴纳社会保险费。
Article 3, paragraph 1: A foreign national lawfully hired by an enterprise, institution, social organization, private non-enterprise unit, foundation, law firm, accounting firm or other China-registered organization (the "employer") shall participate in employee basic pension, basic medical, work-related injury, unemployment and maternity insurance, with premiums contributed by the employer and the individual as prescribed. Paragraph 2: A foreign national dispatched by an overseas employer to a China-registered branch or representative office (the "domestic work unit") shall likewise participate in the same five items, with premiums contributed by the domestic work unit and the individual.
Unofficial translation; the Chinese text as officially published prevails.
Article 3 was untouched by Order No. 54 — mandatory participation stands as it did in 2011, catching direct hire and dispatch alike, with no carve-out for either group. An exemption from participation itself, as opposed to a verification-procedure change, comes only from Article 9, below.
3. Obligations provision by provision: registration, treaty exemption, and account portability
Four provisions carry the operative duties: registration timing, the treaty-based exemption, and what happens to the individual account on departure or death.
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。……
Article 4, paragraph 1: Where an employer hires a foreign national, it shall complete social insurance registration for that person within 30 days from the date the employment document is obtained. Paragraph 2: A foreign national dispatched by an overseas employer to work at a domestic work unit shall have social insurance registration completed by the domestic work unit in accordance with the preceding paragraph. (Paragraph 3, on the cross-notification duty between the document-issuing agency and the social insurance handling agency, is omitted here.)
Unofficial translation; the Chinese text as officially published prevails.
The 30-day clock starts on the date the employment document is obtained, not the employee's actual start date or the residence-permit date. The omitted paragraph 3 is administrative machinery between the two agencies, subject to the current published requirements of the accepting authority.
在中国境外享受按月领取社会保险待遇的外国人，应当每年核验一次社会保险待遇享受资格。核验待遇享受资格可以向负责支付其待遇的社会保险经办机构提供由中国驻外使、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，也可以按照规定通过互联网自助办理。中国缔结或者参加的国际条约另有规定的，按照条约规定的证明手续办理。
外国人合法入境的，应当每年核验一次社会保险待遇享受资格。核验待遇享受资格可以按照规定通过互联网自助办理，也可以到社会保险经办机构自行证明其生存状况。
Article 7, paragraph 1, as rewritten by Order No. 54 (Decision, item 3): An overseas recipient of monthly social insurance benefits shall verify their eligibility once each year, either by providing the paying agency a survival certificate issued by a Chinese embassy or consulate, or one notarized or authenticated in the country of residence and further authenticated by a Chinese embassy or consulate, or by completing the verification online as self-service. Where an applicable international treaty provides otherwise, that treaty's procedure governs. Paragraph 2: A foreign national lawfully in China shall likewise verify eligibility once each year, either online as self-service or by self-certifying survival status at the social insurance handling agency.
Unofficial translation; the Chinese text as officially published prevails.
This is the substantive change, not a cosmetic one. The old article required a survival certificate "at least once a year" as the only route; the rewritten article reframes it as annual eligibility verification (核验社会保险待遇享受资格), adds an internet self-service route alongside the certificate, and defers to an applicable treaty's own procedure. The stated rationale: fulfilling China's obligations under the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, and reflecting changes in employment-document names and coding rules. 这一条从「至少每年交一次生存证明」改为「每年核验一次待遇享受资格」并加入互联网自助办理，是本次修改影响最大的一处。
具有与中国签订社会保险双边或者多边协议国家国籍的人员在中国境内就业的，其参加社会保险的办法按照协议规定办理。
Article 9: Where a person holding the nationality of a country that has concluded a bilateral or multilateral social insurance agreement with China is employed within the territory of China, the manner of their participation in social insurance shall be handled in accordance with that agreement.
Unofficial translation; the Chinese text as officially published prevails.
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。
第六条 外国人死亡的，其社会保险个人账户余额可以依法继承。
Article 5, paragraph 2: Where a foreign national leaves China before reaching the statutory pension age, the individual account under their social insurance shall be retained; if they return to work in China, the contribution years shall be aggregated and calculated cumulatively. Where the individual applies in writing to terminate the social insurance relationship, the balance of their individual social insurance account may instead be paid to them in a lump sum. Article 6: Where a foreign national dies, the balance of their social insurance individual account may be inherited in accordance with law.
Unofficial translation; the Chinese text as officially published prevails.
Departure before pension age is not a default forfeiture. The account is preserved and portable on any later return to China; a written termination application opens a separate one-time lump-sum route instead — the two are alternatives, and the choice sits with the individual. Article 6's inheritance rule covers only the account balance, nothing more.
4. Sequence and timing
Laid out chronologically, the Measures track three clocks — one at the start of employment, one running annually for anyone drawing benefits, and one triggered by departure. None of the specific forms or windows below are fixed by this page; each step is subject to the current published requirements of the accepting authority.
| Point in time | Who acts | What the Measures require | Provision |
|---|---|---|---|
| Within 30 days of the employment document being obtained | Employer (or domestic work unit, for a dispatched employee) | Complete social insurance registration for the foreign employee | Article 4, paragraphs 1–2 |
| On an ongoing basis after registration | Employment-document-issuing agency ↔ social insurance handling agency | Cross-notification and periodic inquiry on the employee's employment-document status | Article 4, paragraph 3 |
| Once every year, for a monthly overseas benefit recipient | The foreign national | Verify eligibility — certificate, internet self-service, or treaty procedure | Article 7, para. 1 (rewritten) |
| Once every year, for a foreign national lawfully in China | The foreign national | Verify eligibility — internet self-service or self-certification | Article 7, para. 2 (rewritten) |
| On departure before pension age | The foreign national (written application, if choosing termination) | Individual account is retained by default and aggregated on any later return to work in China; or, on written application, the account balance is paid out as a lump sum | Article 5, paragraph 2 |
The two annual-verification rows did not exist in this shape before 2024-12-23 — the old Article 7 described a certificate submission "at least once a year" for the overseas case only, with a bare self-certification option and no stated frequency for the lawfully-in-China case. The rewritten article puts both on an explicit annual cycle and adds the internet self-service and treaty-procedure options.
5. Disputes and consequences
The Measures separate two things easily conflated: how a foreign employee disputes a social insurance problem, and how a non-compliant employer is dealt with. Neither route sets its own fine amount here.
依法参加社会保险的外国人与用人单位或者境内工作单位因社会保险发生争议的，可以依法申请调解、仲裁、提起诉讼。用人单位或者境内工作单位侵害其社会保险权益的，外国人也可以要求社会保险行政部门或者社会保险费征收机构依法处理。
Article 8: Where a foreign national lawfully participating in social insurance has a dispute with the employer or the domestic work unit over social insurance, they may apply for mediation or arbitration, or bring a lawsuit, in accordance with law. Where the employer or the domestic work unit infringes their social insurance rights and interests, the foreign national may also request that the social insurance administrative department or the social insurance premium collection agency handle the matter in accordance with law.
Unofficial translation; the Chinese text as officially published prevails.
Article 8 gives two parallel, non-exclusive routes: dispute resolution (mediation, arbitration, litigation), and a direct request to the social insurance administrative department or premium collection agency. It states no priority or filing deadline between them.
社会保险行政部门应当按照社会保险法的规定，对外国人参加社会保险的情况进行监督检查。用人单位或者境内工作单位未依法为招用的外国人办理社会保险登记或者未依法为其缴纳社会保险费的，按照社会保险法、《劳动保障监察条例》等法律、行政法规和有关规章的规定处理。
用人单位招用未依法办理就业证件或者持有外国人永久居留证件的外国人的，按照《外国人在中国就业管理规定》处理。
Article 11, paragraph 1 (unamended): The social insurance administrative department shall, per the Social Insurance Law of the PRC, supervise and inspect foreign nationals' participation in social insurance; a registration or contribution failure by the employer or domestic work unit is handled per the Social Insurance Law, the Regulation on Labour Security Supervision and other applicable rules. Paragraph 2, as amended by Order No. 54 (Decision, item 4): Where an employer hires a foreign national without lawful employment documents, or holding a permanent residence document, the matter is handled per the Provisions on the Administration of Employment of Foreigners in China.
Unofficial translation; the Chinese text as officially published prevails.
This Measures document has no penalty clause of its own. Both paragraphs of Article 11 are referral provisions — paragraph 1 sends registration and contribution failures to the Social Insurance Law and the Regulation on Labour Security Supervision; paragraph 2, updated in 2024 only to swap 《外国人永久居留证》 for the broader 「外国人永久居留证件」, sends employment-document problems to the Provisions on the Administration of Employment of Foreigners in China. Neither sets a fine figure here — the operative penalty amounts sit in those other instruments, not in this one.
| Failure | Referred to | Provision |
|---|---|---|
| Employer fails to register a hired foreign national, or fails to contribute premiums | Social Insurance Law of the PRC; Regulation on Labour Security Supervision; other applicable rules | Article 11, para. 1 |
| Employer hires a foreign national without lawful employment documents, or holding a permanent residence document, per this provision | Provisions on the Administration of Employment of Foreigners in China | Article 11, para. 2 (amended) |
| Dispute between a participating foreign national and the employer or domestic work unit | Mediation, arbitration or litigation; or a direct request to the social insurance administrative department or premium collection agency | Article 8 |
6. Who runs into this, and how it is used
Three groups meet this Measures in practice: HR onboarding a foreign hire (Articles 2–4), a foreign national already abroad and still drawing benefits (Article 7), and anyone assessing a treaty exemption (Article 9) — none resolved on this page alone; each depends on the current published requirements of the office handling the matter.
- Misconception: foreign employees are exempt from Chinese social insurance by default, since they are not Chinese nationals. In fact: Article 3 makes participation mandatory for both directly-hired and dispatched foreign nationals; the only way out is a specific Article 9 treaty exemption, not foreign nationality itself.
- Misconception: Order No. 54 rewrote the participation rules or introduced a new exemption in December 2024. In fact: the amendment touched only Articles 1, 2, 7 and 11(2) and the annex; Article 3's mandatory-participation architecture and Article 9's treaty mechanism were not amended at all.
- Misconception: this Measures document sets a specific fine for an employer that fails to register or contribute. In fact: Article 11(1) is a referral clause pointing to the Social Insurance Law and the Regulation on Labour Security Supervision; the Measures carry no penalty figure of their own.
- Misconception: an overseas pension recipient must obtain a notarized, embassy-authenticated survival certificate in person every year, with no alternative. In fact: the rewritten Article 7 adds an internet self-service option alongside the certificate route, and defers to an applicable treaty's own procedure where one exists.
- Confirm which employment document the foreign employee currently holds and whether its name matches the amended Article 2 wording — the pre-2024 names no longer describe what is actually issued.
- Calendar the Article 4 registration deadline from the date the employment document is obtained, not the employee's start date or residence-permit date.
- Before relying on any Article 9 treaty exemption, verify the current officially published list of treaty countries and covered items — this page deliberately does not reproduce that list.
- For an employee drawing benefits from abroad, check with the paying agency which Article 7 verification route — certificate, self-service, or treaty procedure — is currently accepted, subject to the current published requirements of the accepting authority.
- On departure, distinguish the two Article 5(2) paths — retention with later aggregation, versus a written-application lump-sum payout — before assuming either is the default.
- 《在中国境内就业的外国人参加社会保险暂行办法》，人力资源和社会保障部令第16号，2011年9月6日公布，自2011年10月15日起施行，全文12条。本文引用其第二条（2011年原文）、第三条、第四条、第五条第二款、第六条、第七条（2011年原文）、第八条、第九条、第十一条第一款。官方原文 https://www.gov.cn/gongbao/content/2012/content_2106864.htm
- 《人力资源社会保障部关于修改〈在中国境内就业的外国人参加社会保险暂行办法〉的决定》，人力资源社会保障部令第54号，2024年11月11日经人力资源社会保障部第41次部务会审议通过，2024年12月23日公布，自公布之日起施行。本文引用其决定第二项（修改后第二条）、第三项（修改后第七条）、第四项（修改后第十一条第二款）。官方原文 https://www.gov.cn/gongbao/2025/issue_11806/202501/content_6999379.html
- Status and timing note 效力与时点提示：Order No. 54 amended only Articles 1, 2, 7 and 11(2) and the annex; Articles 3, 4, 5, 6, 8, 9, 10 and 12 remain the unamended 2011 text. The Article 9 treaty-country list is as published by the competent authority and is not reproduced here. This Measures document carries no penalty clause of its own; Article 11 refers enforcement to the Social Insurance Law, the Regulation on Labour Security Supervision, and the Provisions on the Administration of Employment of Foreigners in China. All registration, verification and treaty-certification steps are subject to the current published requirements of the accepting authority.
This article is general legal research and does not constitute legal advice; by law, a law firm may not guarantee case outcomes. 本文为一般性法律研究，不构成法律意见；依据法律规定，律所不得承诺办案结果。
