China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	NOTICE OF THE GENERAL OFFICE OF THE MINISTRY OF HUMAN RESOURCES AND SOCIAL SECURITY ON THE RELEVANT ISSUES CONCERNING THE EXECUTION OF THE SOCIAL SECURITY AGREEMENT

	(promulgated on August 18, 2003)


SUBJECT : SOCIAL INSURANCE; AGREEMENTS; KOREA & GERMANY
ISSUING DEPARTMENT : MINISTRY OF HUMAN RESOURCES AND SOCIAL SECURITY OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 08/18/2003
IMPLEMENT DATE : 05/23/2003
LENGTH : 1,000 words
TEXT :

The Social Security Agreement between the People's Republic of China and the Federal Republic of Germany (hereinafter referred to China-Germany Agreement) and the Agreement on the Provisional Measures for the Mutual Exemption of Pension Coverage between the People's Republic of China and the Republic of Korea (hereinafter referred to China-Korea Agreement) took effect respectively on April 4, 2002 and May 23, 2003. The relevant issues concerning the execution of the China-Germany Agreement and China-Korea Agreement are hereby notified as follows:

I. PERSONNEL COVERED

(1) Any German who works in China and who can not provide the Certificate Issued According to China-Germany Social Insurance Agreement issued by the medical insurance agency of Germany that collects the pension premium and unemployment premium or by the Federal Employee Insurance Administration (Berlin) (hereinafter referred to Germans);

(2) Any Korean who works in China and who can not provide the Certificate of Social Security Coverage issued by the National Annuity Administration of Korea (hereinafter referred to Koreans).

The above mentioned personnel may be exempted from paying the basic pension premium and unemployment premium of China, if they have reached the statutory retirement age when they work in China, but they also may not enjoy the relevant social security benefits of China.

II. TYPES OF SOCIAL SECURITY COVERED

(1) Germans shall effect pension and unemployment insurance;

(2) Koreans shall effect pension.

III. TIME OF PAYMENT AND THE PROPORTION AND BASE OF PAYMENT

The time to collect social security premium on Germans and Koreans working in China shall respectively starts on the day on which the China-German Agreement and China-Korea Agreement took effect. The proportion and base of payment shall conform to the relevant provisions of the places where the insurance is effected.

IV. HANDLING PROCEDURES

(1) To effect social security in China, a German or Korean working in China shall present his/her certificate of residence, valid passport, or other valid certificates that can prove his/her identification, and shall also present the Work Permit of Foreigners in the People's Republic of China, etc.. And his/her work unit shall handle the insurance effecting formalities with the social security agency of the place where it is located (or where the work permit is issued).

(2) The social security agency shall, according to the unified coding requirements, establish a permanent basic individual pension account for the German or Korean effecting the insurance, and shall input into the database the information of the person, such as his/her Chinese name, foreign name, nationality, and the number of his/her work permit or certificate of foreign expert, etc.

(3) The premium of social security of Germans and Koreans shall be calculated pursuant to the provisions, and shall be paid in RMB as a general principle.

(4) Where a German or Korean begins to work in another work unit, that person shall, by taking with him/her the relevant documents, go through the formalities for transfer of pension relationship and individual account with the social security agency where he/she effected the insurance.

(5) Where a German or Korean leaves China upon termination of labor relationship, that person shall, by taking with him/her the certificate of exit formalities issued by the public security organ and the relevant departments, go through the formalities for sealing the individual pension account with the social security agency that managed his/her social security registration. Upon the application of that person, the social security agency may pay to him/her a lump sum of the deposit in the basic individual pension account, write off that account, and terminate the pension relationship and unemployment insurance relationship, and in the case of a German, the unemployment insurance premium he/she has paid theretofore shall not be returned.

V. SOCIAL SECURITY BENEFITS

(1) Germans and Koreans in China are entitled to the basic pension benefits pursuant to the provisions of the places where they effect the basic pension. Those who have reached the statutory retirement age of China (60 for male and 55 for female) and who have paid the premium for over 15 years accumulatively are entitled to monthly basic pension; where the accumulative payment period is less than 15 years, the accumulated deposit in the individual pension account shall be paid to the relevant person once for all. Where a person qualified for monthly basic pension leaves China, the social security agency may pay the monthly pension to his/her agent in China or pay the accumulative deposit in the individual pension account to that person once for all upon application by that person and the presentation of the documents specified in Item 5) of Article 4 hereof. And that person shall no longer be entitled to the monthly payment of basic pension.

(2) Germans in China are entitled to unemployment insurance benefits pursuant to the provisions of the places where they effected the insurance. Those becoming unemployed shall make the registration of application for unemployment insurance with the local social security agency. Those passing the examination may receive the unemployment insurance pursuant to the provisions, and may enjoy other unemployment insurance benefits. If the person leaves China, he/she shall stop enjoying such benefits from the day on which the exit formalities are completed, and his/her unemployment insurance relationship shall be terminated.

The social security coverage of Germans and Koreans in China involves many rights and interests in terms of China's foreign politics and economic cooperation, etc. The departments of labor and social security at various levels and the social security agencies shall pay high attention to this issue, adhere to the principles of activeness, appropriateness and prudence, strictly follow the policies and earnestly organize the implementation. They shall get full understanding of and grips to the work status and social security coverage of Germans and Koreans in their respectively localities, improve the basic database, enhance the administrative and service level, do a good job in the recording of premium payment, account management and payment of benefits to the Germans and Koreans in China, and shall promptly report to this Ministry any problem arising in the implementation.