On August 3, 2023, with the coming implementation of the Convention on the Cancellation of the Authentication Requirements for Foreign Official Documents (the "Convention") in China, the Ministry of Human Resources and Social Security of China decided to amend Article 7, Paragraph 1, of the Interim Measures for Foreigners Employed in China to Participate in Social Insurance (the "Interim Measures") as follows:
A foreigner who receives monthly social insurance benefits and resides outside the territory of China shall apply to authenticate the qualification for receiving benefits once a year. Authentication of qualification for benefits can be obtained through one of the following methods: (1) applying for online authentication through mobile internet applications such as "Chinese Consul," "Pocket 12333," and "Electronic Social Security Card"; (2) providing the social insurance agency that pays the benefits a document of living proof issued by a Chinese embassy or consulate; or (3) providing the social insurance agency that pays the benefits a document of living proof notarized or certified by an agency of the residence country and authenticated by a Chinese embassy or consulate. If the country of residence is a contracting party to the Convention, consular authentication is exempt, but additional certificates that meet the requirements of the Convention must be submitted.
The Ministry of Human Resources and Social Security is now publicly soliciting opinions on the amendment of the Interim Measures from the society, and the deadline for feedback is 3 September 2023.
Key Action Points
According to the Convention, contracting parties will exempt consular authentication of foreign official documents. Therefore, it is necessary for the Chinese government to revise the provision of the Interim Measures regarding the document of living proof issued by a Chinese embassy or consulate simultaneously. Once the amendment to the Interim Measures is implemented, it will be more convenient for foreigners to apply for Chinese social insurance benefits outside China.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
