McDermott Will & Emery has a strategic alliance with MWE China Law Offices, a separate law firm based in Shanghai.  This  China Law Alert was authored by MWE China Law Offices lawyers John Huang and May Lu. 

Recently China’s Ministry of Human Resources and Social Security issued interim measures stipulating all foreign nationals with work authorisation must participate in China’s social insurance programmes.  In addition, the ministry issued a notice setting out detailed guidelines regarding a foreigner’s participation in China’s social insurance programmes, as well as exemption from the programmes in accordance with bilateral treaties governing the avoidance of dual payment.  This newsletter examines the detailed implementation of the interim measures and the notice in different localities in China, and the current legal implications.

On 6 September 2011, the Ministry of Human Resources and Social Security (MHRSS) issued the Interim Measures on Participation in Social Insurance by Foreigners Working in China, which took effect on 15 October 2011 (Interim Measures).  Under the Interim Measures, all foreign nationals with work authorisation must participate in China’s social insurance programmes.  Employers and their employees must both make contributions towards retirement, medical, work-related injury, unemployment and maternity programmes.

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