At present, there is no compulsory social insurance requirement for foreigners employed in Shanghai. The staff of Shanghai Human Resources and Social Security Bureau said that there is no compulsory social insurance requirement for foreigners employed in Shanghai at present, and employers and foreigners who are legally employed can negotiate whether to participate in social insurance. If you agree to participate in social insurance, you can participate in social insurance in Shanghai.

Article 97 of the Social Insurance Law of the People's Republic of China, which came into effect on July 1, 211, stipulates that foreigners who are employed in China shall participate in social insurance with reference to the provisions of this law. Judging from the word "reference" used in this article, foreigners employed in China are not required to participate in social insurance. However, on September 6, 211, Ministry of Human Resources and Social Security issued the Interim Measures for Foreigners Employed in China to Participate in Social Insurance (hereinafter referred to as the Interim Provisions). Article 3 of the Interim Measures stipulates that foreigners recruited by employers registered or registered in China according to law shall participate in social insurance according to law, and employers and themselves shall pay social insurance premiums according to regulations; Foreigners who are sent to work in branches or representative offices registered in China after concluding employment contracts with overseas employers shall participate in social insurance for employees according to law, and the domestic work units and themselves shall pay social insurance premiums according to regulations. The Interim Provisions came into effect on October 15th, 211. In the same year, Ministry of Human Resources and Social Security once again issued the Notice of Ministry of Human Resources and Social Security on Issues Related to Doing a Good Job in Social Insurance for Foreigners Employed in China (hereinafter referred to as the Notice), stressing that all localities should strictly implement the Social Insurance Law and the Interim Measures, and bring eligible foreigners into the coverage of social insurance before December 31, 211, and urge employers and foreigners to participate in insurance and pay social insurance premiums in full and on time in accordance with existing laws and regulations.

We learned from the relevant departments of the local human resources and social security bureau that at present, foreigners working in Beijing, Suzhou, Shenzhen, Foshan, Guangzhou, Tianjin and Qingdao are required to participate in social insurance. In some places, relevant supporting regulations have been issued to regulate the specific operational problems of foreigners paying social insurance, such as the Notice on the Operational Problems of Foreigners Participating in Social Insurance issued by Beijing Social Insurance Fund Center, and the Notice on Further Improving the Issues Concerning Foreigners Participating in Social Insurance Work in this Municipality.

However, the staff of Shanghai Human Resources and Social Security Bureau said that there is no requirement for foreigners employed in Shanghai to pay social insurance at present, and employers and foreigners who are legally employed can negotiate whether to participate in social insurance. If you agree to participate in social insurance, you can participate in social insurance in Shanghai.

It can be seen that in practice, foreigners employed in China are not required to participate in social insurance by all localities, and it is necessary to decide whether to pay social insurance for foreigners according to the specific requirements of all localities.

In addition, regarding the double payment that foreigners are worried about when paying social insurance in China, the China government is actively negotiating bilateral social security agreements with other countries, so as to reduce the burden on employees and enterprises and better protect the legitimate rights of workers. At present, China has signed social insurance agreements with Germany, South Korea, Denmark, Finland and other countries respectively, stipulating that the personnel stationed in the two countries are exempt from paying specific social insurance fees, and negotiations between China and Japan, France, Belgium, Sweden and other countries are also under way.

Answers to related questions:

1. Hiring foreigners in Shanghai should pay social security.

2. No need to pay in special circumstances.

Legal basis:

Article 97 of the Social Insurance Law of the People's Republic of China

Foreigners who are employed in China shall participate in social insurance according to the provisions of this Law.

Interim Measures for Foreigners Employed in China to Participate in Social Insurance

Article 3 Foreigners legally recruited by enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations (hereinafter referred to as employers) registered or registered in China shall participate in basic old-age insurance for employees, basic medical insurance for employees, industrial injury insurance, unemployment insurance and maternity insurance according to law.

after signing employment contracts with overseas employers, foreigners who are sent to work in branches or representative offices registered in China (hereinafter referred to as domestic work units) shall participate in basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance according to law, and the domestic work units and themselves shall pay social insurance premiums according to regulations.

Notice of Ministry of Human Resources and Social Security on Issues Concerning the Participation of Foreigners Employed in China in Social Insurance

1. Incorporate foreigners who meet the requirements into the scope of insurance according to law

All localities should strictly implement the Social Insurance Law and the Interim Measures, include qualified foreigners into the scope of social insurance coverage before December 31, 211, and urge employers and foreigners to participate in insurance according to existing laws and regulations and pay social insurance premiums in full and on time. Foreigners who have been employed in China before October 15, 211 and meet the requirements for insurance will be paid for insurance from October 15, 211. Those who go through the insurance payment procedures from October 15 to December 31, 211 will be exempted from the late payment fee. Those who go through the formalities of insurance payment after January 1, 212 will be charged with late fees from October 15, 211. Those who are employed in China after October 15, 211 will be insured and paid from the month when they start to work in China. The employer shall declare the payment base of foreigners in the form of RMB. All localities should do a good job in collecting social insurance premiums and recording personal rights and interests in accordance with relevant policies and regulations.