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Interim Measures for Participation in Social Insurance by Hong Kong Residents in the Mainland

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Introduction

To facilitate the development of Hong Kong residents in the Mainland and protect their rights and interests in relation to social insurance in the Mainland, the Ministry of Human Resources and Social Security and the National Healthcare Security Administration promulgated the Interim Measures for Participation in Social Insurance by Hong Kong, Macao and Taiwan Residents in the Mainland (the Interim Measures) on 29 November 2019.  The Interim Measures, which came into force on 1 January 2020, clearly specify the relevant requirements regarding the participation in social insurance by Hong Kong, Macao and Taiwan residents who work, reside and study in the Mainland and their entitlement to social insurance benefits.

According to the Interim Measures, Hong Kong residents who have employment in the Mainland (including employees and self-employed persons) may participate in social insurance in the Mainland in accordance with relevant requirements.  They can enjoy corresponding social insurance benefits when certain eligibility requirements are met.

Meanwhile, Hong Kong residents who have participated in MPF schemes may apply for exemption from participating in basic pension insurance and unemployment insurance in the Mainland with MPF statements.

To further facilitate Hong Kong residents working in the Guangdong Province, MPFA and the Administration of Social Insurance Fund of Guangdong (ASIFGD) have agreed to implement a province-wide “notification and declaration” arrangement to handle applications for exemption in a simpler and speedier manner.  MPF scheme members working under employment relationship in the Guangdong Province may choose to apply for exemption by submitting a set of declaration and disclosure consent forms to the relevant local social insurance agencies.  The applications will be processed without requiring documentary proof of MPF membership.  ASIFGD will separately confirm with MPFA the applicants' participation in MPF schemes in accordance with the declaration and disclosure consent.

Notes on Participation in Social Insurance by Hong Kong Residents in the Mainland

Hong Kong residents working in the Mainland should participate in various types of social insurance (including pension insurance, unemployment insurance, medical insurance, work-related injury insurance and maternity insurance) in the regions where they are employed and make contributions to social insurance in accordance with the local relevant legal requirements.  However, Hong Kong residents who are MPF scheme members may choose to apply for exemption from participating in basic pension insurance and unemployment insurance.

For the specific administrative procedures required for Hong Kong residents to participate in social insurance in the Mainland, please check with the local social insurance agencies in the Mainland.

Scope of application for participation in social insurance by Hong Kong residents in the Mainland

Applicable Hong Kong residents Social Insurance Types in the Mainland Mandatory Voluntary
Employees legally employed by employers in the Mainland
  • Basic pension insurance
  • Basic medical insurance
  • Work-related injury insurance
  • Unemployment insurance
  • Maternity insurance
People operating individual businesses legally in the Mainland or those who are under flexible employment and have obtained residence permits
  • Basic pension insurance
  • Basic medical insurance

 

Hong Kong residents participating in basic pension insurance are entitled to basic pension insurance benefits if they meet the eligibility requirements for receiving the benefits (including two conditions, i.e. reaching the statutory retirement age and having paid contributions for a cumulative period of 15 years). Pension insurance benefits consist of basic pensions insurance benefits and benefits paid out from the personal account.

A person who does not meet the requirement of having made contributions for a cumulative period of 15 years upon reaching the statutory age for receiving pension benefits (which is 60 years for males and 50 or 55 years for females depending on the position held) may continue to make the contributions or make supplementary contributions according to relevant requirements. The person may also terminate the pension insurance relationship and withdraw the amount kept in his/her personal account in a lump sum. The application procedures and processes for social insurance for Hong Kong residents are the same as those for Mainland residents.

For the specific administrative procedures required for Hong Kong residents to participate in social insurance in the Mainland, please check with the local social insurance agencies in the Mainland.

Notes on Application for Exemption from Participating in Social Insurance

The Interim Measures stipulate that Hong Kong residents who have participated in and retained relationship with social insurance in the home city may apply for exemption from participating in basic pension insurance and unemployment insurance in the Mainland with supporting documents issued by relevant authorized institutions.

Eligible Hong Kong residents may provide MPF statements as documentary proof.

To further facilitate Hong Kong residents working in the Guangdong Province, MPF scheme members working under employment relationship in the Guangdong Province may choose to apply for exemption by submitting a set of declaration and disclosure consent forms to the relevant local social insurance agencies.  No documentary proof of MPF membership is required.  ASIFGD will separately confirm with MPFA the applicants' participation in MPF schemes in accordance with the declaration and disclosure consent.  The arrangement is only applicable to Hong Kong residents working under employment relationship in the Guangdong Province.

Applications for exemption should be made by employers. If an exemption is granted in relation to a Hong Kong resident, his/her employer will also be exempted from making contributions to basic pension insurance and unemployment insurance for that employee. The exemption will apply to the whole employment period with the same employer.

The specific administrative procedures for Hong Kong residents to apply for exemption from social insurance in the Mainland are subject to the practical arrangements of local social insurance agencies. For details, please check with the local social insurance agencies in the Mainland.

Frequently Asked Questions

  1. Is it necessary for Hong Kong residents working in the Mainland to participate in social insurance in the Mainland?

    Hong Kong residents working in the Mainland should participate in various types of social insurance (including pension insurance, unemployment insurance, medical insurance, work-related injury insurance and maternity insurance) in the regions where they are employed and make contributions to social insurance in accordance with the local relevant legal requirements.

    The three basic principles concerning participation in social insurance are as follows:

    1. Hong Kong residents who are employed in the Mainland by entering into an employment contract with an employer in the Mainland should participate in social insurance of the region where the employer is located. However, Hong Kong residents who are MPF scheme members may choose to apply for exemption from participating in basic pension insurance and unemployment insurance;
    2. Hong Kong residents who operate individual businesses in the Mainland should make contributions to social insurance for their employees in accordance with relevant laws and regulations; and
    3. Hong Kong residents who are deployed to the Mainland may opt not to participate in social insurance if they have not directly entered into any employment contract with an employer in the Mainland.

    As the specific implementation of the policy may vary in different regions in the Mainland, Hong Kong residents working in the Mainland should learn about their status in respect of contribution payment to social insurance and keep track of the latest announcements on relevant regulations to ensure compliance with policy requirements.

  2. How should Hong Kong residents employed by the Mainland employers participate in basic pension insurance in the Mainland and make contributions?

    For Hong Kong residents employed by employers in the Mainland, the employers should register them for basic pension insurance and make contributions accordingly. The Mainland employers shall act as withholding agents to withhold the employees’ portion of contributions and make contributions for them.

    Hong Kong residents who are MPF scheme members may also choose to apply for exemption from participating in basic pension insurance and unemployment insurance through their employers.

  3. For Hong Kong residents who are self-employed in the Mainland, how should they participate in basic pension insurance in the Mainland and make contributions?

    Hong Kong residents who are self-employed in the Mainland should register for basic pension insurance and make contributions for themselves.

  4. Are Hong Kong residents who are already covered by MPF schemes exempted from participating in basic pension insurance in the Mainland?

    The Interim Measures stipulate that Hong Kong residents who have participated in and retained relationship with social insurance in the home city may apply for exemption from participating in basic pension insurance and unemployment insurance in the Mainland with supporting documents issued by relevant authorized institutions (i.e. MPF statements). However, such exemption does not apply to other types of social insurance.

    Hong Kong residents who are MPF scheme members may apply to the local social insurance agencies in the Mainland for exemption with MPF statements.

    To further facilitate Hong Kong residents working in the Guangdong Province, MPF scheme members working under employment relationship in the Guangdong Province may choose to apply for exemption by submitting a set of declaration and disclosure consent forms to the relevant local social insurance agencies.  No documentary proof of MPF membership is required.  ASIFGD will separately confirm with MPFA the applicants' participation in MPF schemes in accordance with the declaration and disclosure consent.  The arrangement is only applicable to Hong Kong residents working under employment relationship in the Guangdong Province.

    Applications for exemption should be made by employers. If an exemption is granted in relation to a Hong Kong resident, his/her employer will also be exempted from making contributions to basic pension insurance and unemployment insurance for that employee.

    For details of the application procedures, please check with the local social insurance agencies in the Mainland. 

  5. How can MPF scheme members working under employment relationship in the Guangdong Province apply for exemption from basic pension insurance via the simpler and speedier “notification and declaration” arrangement?

    MPF scheme members working under employment relationship in the Guangdong Province may choose to apply for exemption by submitting a set of declaration and disclosure consent forms.  No documentary proof of MPF membership is required.  

    Details of the application procedures (including the declaration and disclosure consent forms) may be obtained from local social insurance agencies in the Guangdong Province.  Please refer to the below webpages for further means of contact (in Chinese only).

    List of address for social insurance agencies in the Guangdong Province
    https://hrss.gd.gov.cn/attachment/0/407/407104/3122287.pdf

    Social insurance enquiries for municipalities in the Guangdong Province
    https://m12333.cn/query/guangdong.aspx

  6. Is there a time limit on the exemption from participating in basic pension insurance?
    The exemption from participating in basic pension insurance is based on each employment (employer). If a person starts a new employment with another employer in the Mainland and would like to continue to be exempted from participating in basic pension insurance, the new employer will have to re-apply for exemption in relation to that employee.

  7. For Hong Kong residents who have participated in pension insurance in the Mainland for a certain period of time and left subsequently, how should they deal with their pension insurance in the Mainland?

    Hong Kong residents who have participated in basic pension insurance in the Mainland may choose to retain their personal social insurance accounts when they leave the Mainland, so that they can continue their social insurance contributions when they return to the Mainland for employment or residence in future. The contribution period will be counted cumulatively. They may also apply to terminate the pension insurance relationship, and withdraw a lump sum payment from their personal insurance accounts. For details of the administrative procedures, please check with the local social insurance agencies in the Mainland.

  8. What pension benefits and protection Hong Kong residents participating in basic pension insurance in the Mainland are entitled to?

    Hong Kong residents participating in basic pension insurance are entitled to basic pension insurance benefits if they meet the eligibility requirements for receiving the benefits (including two conditions, i.e. reaching the statutory retirement age and having paid contributions for a cumulative period of 15 years).
    The basic pension insurance benefits follow the principles of “the more you pay the more you get” and “the longer you pay the more you get”. Pension insurance benefits consist of basic pension insurance benefits and benefits paid out from the personal account.

  9. What are the eligibility requirements for receiving basic pension insurance benefits in the Mainland?
    According to the relevant regulations in the Mainland, in general, Hong Kong residents participating in basic pension insurance may apply for payment of basic pension insurance benefits when they have reached the statutory retirement age (which is 60 years for males and 50 or 55 years for females depending on the position held) and have paid contributions for a cumulative period of 15 years. For details, please check with the local social insurance agencies in the Mainland.

  10. For Hong Kong residents who have participated in basic pension insurance in the Mainland but do not meet the requirement of having made contributions for a cumulative period of 15 years upon reaching the statutory retirement age, what should they do?

    According to the relevant regulations in the Mainland, Hong Kong residents participating in basic pension insurance and do not meet the requirement of having made contributions for a cumulative period of 15 years upon reaching the statutory retirement age may continue to make the contributions or make supplementary contributions. If they do not want to make further contributions, they may withdraw the amount kept in their personal accounts in a lump sum. For details, please check with the local social insurance agencies in the Mainland.
     
Related Links

Ministry of Human Resources and Social Security of the People’s Republic of China
http://www.mohrss.gov.cn/

Beijing

Shanghai

Guangdong Province (Greater Bay Area)