参加社保吗?
Can Expats in Hainan Participate
in Social Insurance?
越来越多的外国朋友加入海南自由贸易港建设,那么,长期居住本省的外国人(持外国护照人员),可以在国内参加基本社保医保吗?
With more foreign nationals than ever coming to Hainan to live and work, the question as to whether they can participate in China's basic social and medical insurance scheme has come up more often. So, can expats living long term in Hainan pay into social insurance?
1.在用人单位依法参保
1. Through your employer
在中国境内依法注册或者登记的用人单位依法招用外国人,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(2019年10月起,我省职工生育保险和基本医疗保险合并实施)。
Employers registered within Chinese mainland (excluding the Hong Kong and Macao SARs and Taiwan Region) that hire foreign nationals in accordance with the law 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 (from October 2019, employee maternity insurance and basic medical insurance in Hainan were merged into a single contribution).
用人单位依法招用上述人员的,应持其有效身份证件,以及劳动合同、聘用合同、外国人工作许可证等证明材料,为其办理社会保险登记、缴纳社会保险费。
Employers who recruit the aforementioned personnel in accordance with the law shall present their (the employees') valid identification documents, as well as proof of employment, such as labor contracts, employment contracts, and foreign work permits, to handle social insurance registration and pay social insurance contributions on their behalf.
对于首次参保的外国人,用人单位经办人应携带上述材料到用人单位参保所在地社保机构办理社会保险登记手续。
For foreign nationals registering for social insurance for the first time, the employer's designated representative should bring the above materials to the social security institution where the employer is registered to handle social insurance registration procedures.
2.按照协议规定执行
2. Pay contributions in your own country
具有与中国签订社会保险双边或者多边协议(如对社会保险某险种签订双边互免协议)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。
China has signed bilateral or multilateral agreements with certain countries to provide mutual exemptions on paying certain types of social insurances. Nationals of these countries employed within China shall participate in social insurance in accordance with the provisions of such agreements.
3.自愿参加居民基本社保
3. Voluntary participation
持有永久居留证的未就业外籍人员,可以自愿参加城乡居民基本医疗保险和在居住地自愿参加城乡居民基本养老保险。
Unemployed foreign nationals holding permanent resident ID cards can voluntarily participate in basic medical insurance for urban and rural residents and basic pension insurance for urban and rural residents in their place of residence.
01
外籍员工要求五险统一参保。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。
Foreign employees are required to uniformly participate in employee basic pension insurance, employee basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance. Individuals who hold the nationality of a country that has signed bilateral or multilateral agreements on social insurance with China and are employed within Chinese mainland (excluding the Hong Kong and Macao SARs and Taiwan Region) shall participate in social insurance in accordance with the provisions of such agreements.
02
具有与我国签订社会保险双边或者多边协议国家国籍的就业人员,在其依法获得在我国境内就业证件3个月内提供协议国出具参保证明的,应按协议规定免除其规定险种在规定期限内的缴费义务。
Employees who hold the nationality of a country that has signed bilateral or multilateral agreements on social insurance with China and provide a certificate of insurance participation issued by their country within 3 months of obtaining an employment certificate in China in accordance with the law shall be exempt from their payment obligations for the prescribed insurance types within the prescribed period in accordance with such agreements.
03
外籍人员来中国工作时已达到或超过我国法定退休年龄的,不再办理社会保险参保手续。
Foreign personnel who have reached or exceeded the legal retirement age in China when starting work shall not apply for social insurance registration.
如何转移、退出或享受待遇?
How to transfer, withdraw, or enjoy benefits?
01
外籍人员跨省流动,原则上执行我国基本养老保险关系转移规定。
02
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。
The social insurance personal accounts of those who leave the country before reaching the prescribed age for receiving pension will be retained. The payment years of those who come to China again for employment will continue to be accumulated. If an individual applies in writing to terminate the social insurance relationship, a one-time payment equal to the amount held in their social insurance personal account will be made to the individual.
03
参加养老保险的外国人,符合条件的,依法享受养老保险待遇。外籍人员达到法定退休年龄以及满足缴费年限且确定待遇领取地在海南的,可以在海南申请办理退休手续。
Foreign nationals who participate in pension insurance and meet the conditions shall enjoy pension insurance benefits in accordance with the law. Foreign personnel who have reached the statutory retirement age, reached required payment period, and are eligible to receive benefits in Hainan can apply for retirement procedures in Hainan.
04
获得在华永久居留权的参保外国人,退休前养老保险缴费不满15年的,可根据《实施<中华人民共和国社会保险法>若干规定》的规定延长缴费,达到年限后相应享受社保待遇。
Foreigners who have obtained permanent residence in China and have paid their pension insurance contributions for less than 15 years before retirement can extend their contributions in accordance with the provisions of the Implementation of Several Provisions of the Social Insurance Law of the People's Republic of China, and enjoy corresponding social security benefits after reaching the required years.
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