Provisional Measure Regarding the Participation in Social Insurance by Foreigners Working in China

Issuing Department: Ministry of Human Resources and Social Security

Full Text Link:www.mohrss.gov.cn/page.do?pa=402880202405002801240882b84702d7&guid= 53d6746e1a154e9d848020051c118795&og=4028802023e4c2330123e9a140f60ad7

      The measure states that foreigners working in China have the right to participate in social insurance and enjoy social insurance treatments. Specifically, the Measure requires that:
      1) Enterprises, public institutions, social organization, non-state non-enterprise companies, foundations, law firms, accounting firms and other organization (“Employing Unit”) lawfully employing foreigners must participate in social insurance in accordance with the law, with Employing units and employees contributing accordingly.
     2) Foreigner employees signing employment contract and subsequently dispatch to China to work for branches or representative offices (“Work Unit”) must participate in social insurance in accordance with the law, with Work Unit and employees contributing accordingly
     (“Social Insurance” described include basic employee old age pension, basic employee medical insurance, work-injury insurance, unemployment insurance and maternity insurance).
     Employing Unit employing foreigners must process foreign employees’ social insurance registration within 30 days of applying for work visa for the same worker. Work Units must process foreign workers dispatch to Work Unit within China for social insurance registration according to the rules stated.
     If foreigners depart China before becoming eligible to receive old age pension in accordance with the law, his or her individual social insurance account is kept and will continue to accumulate if he or she works in China again; Foreigner may also apply in writing to terminate social insurance and the balance in the individual social insurance account may be paid to individual in one lump-sum. If foreigners die, his or her individual social insurance account balance becomes part of the estate.
    Specific measures to implement foreigner social insurance participation will be announced by local relevant local government or labor departments.  I

Announcement regarding areas selected for trade related foreign exchange management system reform trial

Issuing Department: State Administration of Foreign Exchange, State Administration of Taxation and General Administration of Customs

Issue Date: 2011-09-09

Full Text Link:http://www.gov.cn/zwgk/2011-09/15/content_1947955.htm

    The announcement indicates that in order to further enhance trade simplification as well as improve trade related foreign exchange management, the four state agencies have embarked to reform trade related foreign exchange management system to improve and upgrade information sharing capabilities in relation to export foreign exchange receipt and export tax refund on a trial basis. Commencing on the implementation date, reform trial will begin in the selected area of Jiangsu, Shandong, Hubei, Zhejiang (not including Ningbo), Fujian (not including Xiamen), Dalian and Qingdao.
    During trial period, selected trial area enterprises are exempted from applying for export foreign exchange receipt confirmation but must rely on reform trial rules. Trial area foreign exchange bureaus shall organize enterprises into the following three categories based on the properness of enterprise foreign exchange acceptance and payment:
    1) Category A: Simplified import foreign exchange payment receipt – may rely on import custom report, contract, invoice and other document capable of evidencing trade transaction to apply directly for foreign exchange payment at banks and export foreign exchange receipt requires no online verification; banks processing foreign exchange receipt verification procedural shall be equally simplified.
   2) Category B: Banks must implement electronic data verification for category B enterprise foreign exchange payment and receipt from trade.
   3) Category C: Foreign exchange bureaus must be processed case by case foreign exchange payment and receipt for category C enterprises engaging in trade

Country Guideline (2011) on Overseas Investment

Issuing Department: Department of Commerce, National Development and Reform Commission, Ministry of Foreign Affairs

Issue Date:  2011-08-30

To carry out “overseas investment” development policy from the "Twelfth Five-Year Plan", relevant departments issued this guideline. The Investment environments of 115 countries have been introduced in this guideline. The main contents are as follows: Major Industrial Development Goals, Priority Industries, Key Industries and others. A List of countries that have signed the Foreign Bilateral Investment Protection Agreement and Avoidance of Double Taxation Agreement with China are also included in this guideline. 

Announcement Concerning Approval and Management of Foreign-Owned Shipping Company

Issuing Department:Ministry of Transport

Full Text Link: http://www.moc.gov.cn/zhuzhan/zhengwugonggao/jiaotongbu/shuiluyunshu/201109/t20110916_1054017.html

This announcement clearly defines procedures for the establishment of wholly foreign-owned shipping company, as well as clarifies, the relevant approving authority and the management authority. According to this announcement, the Ministry of Transport and the provincial commerce department are defined as the approving authority. The Ministry of Transport and the provincial transport authority are defined as the management authority. Also, for promoting the development of China’s shipping industry, market access conditions will be relaxed and business scope will be expanded..