National Pension Service

Main Contents of the Social Security Agreement Between Korea and China

History of the Agreement with China

• Feb. 2003: Agreement on Provisional Measures between Korea and China entered into force
• Jul. 2011: China’s Social Insurance Law entered into force (mandatory coverage of foreign employees effective Oct. 15, 2011)
• Feb. 2012: Held the 1st round of working-level negotiations on the Agreement (in China)
• Jun. 2012: Held the 2nd round of working-level negotiations on the Agreement (in Korea)
• Jul. 2012: Held the 3rd round of working-level negotiations on the Agreement (in China); initialed the Agreement
• Oct. 2012: Signed the Social Insurance Agreement between Korea and China
• Jan. 2013: Social Insurance Agreement between Korea and China entered into force (termination of the Provisional Measures Agreement)

Applicable Legislation

• as regards Korea,

  • the laws, regulations, and rules concerning the National Pension, Government Employees Pension, Pension for Private School Teachers and Staff, and Employment Insurance

• as regards China,

  • the laws, regulations and rules concerning the Basic Old-Age Insurance for Urban Employees, New Rural Social Old-Age Insurance, Social Old-Age Insurance for Urban Residents, and Unemployment Insurance

Personal Scope of this Convention

This Agreement does not define a uniform personal scope applicable to all categories of persons. The persons covered vary depending on their type of employment. Detached workers are covered regardless of nationality, whereas locally hired employees (short-term employees), self-employed persons, and investors are covered only if they are nationals of Korea or China.

※ For more information, you may refer to the text of the Agreement.

Exemption from Dual Coverage

• In general, an employee is subject to the legislation of the contracting country in which he/she is employed
• A detached worker may be exempt from the application of the legislation of the host country for a period of up to five years if the legislation of the employee’s home country applies. If the period of detachment exceeds five years, the exemption may, with the consent of the competent authorities or institutions of both countries and in accordance with the Agreement and the Administrative Arrangement, be extended for up to a maximum of eight years in total.
• A locally employed person or a short-term employee may be exempt from the application of the legislation of the host country for a period of up to five years if the legislation of the employee’s home country applies.
• In general, a self-employed person or an investor is subject to the legislation of the country where the person ordinarily resides.

※ For more information, you may refer to the Agreement or the Guide for Application for Exemption from Dual Contributions.

[ Countries that employees and the self-employed pay their contributions to ]

Benefits under this Agreement

• Since Agreement on Social Security Between Korea and China is a Contributions-only Agreement, there is no provision of Totalization of Periods Since the Agreement on Social Insurance between Korea and China is an exemption agreement, there is no provision for the totalization of periods of coverage for entitlement to benefits.
• Therefore, no pension benefits are payable under the Agreement; entitlement to benefits is determined separately under the legislation of each country.
• In addition, a Korean Lump-sum refund is not payable to Chinese nationals.

※ For more information, you may refer to the Agreement

Agencies of this Agreement

• As regards Korea,

  • National Pension Service (NPS)

• As regards the china,

  • Social Insurance Administration of the Ministry of Human Resources and Social Security (MOHRSS)

    中华人民共和国人力资源和社会保障部社会保险事业管理中心 : www.mohrss.gov.cn

Guide for Exemption Application under the Agreement between Korea and China

How to be exempted from Chinese Social Insurance Contributions

If you are insured by the National Pension and Employment Insurance in Korea and are detached to China, you can be exempted from the Old-Age Insurance and Unemployment Insurance contributions in China, provided that you obtain a "Certificate of Coverage" from the National Pension Service of Korea and submit or show it to the Chinese agency.

If you are a short-term employee, self-employed person or investor in China and are insured by the National Pension in Korea, you can be exempted from the Old-Age Insurance contributions in China, provided that you obtain a "Certificate of Coverage" from the National Pension Service of Korea and submit or show it to the Chinese agency. Unemployment Insurance in China is not exempted since that a short-term employee, self-employed person or investor cannot be insured by the Employment Insurance in Korea.

If you are a national of Korea and ①have been working in China prior to the date of the Agreement coming into force (January 16, 2013); ②have been covered by a commercial medical insurance contract prior to the date of the Agreement coming into force (January 16, 2013); ③have participated in social insurance in according to the "Social Insurance Law" of China prior to the date of submitting the "Certificate of Commercial Medical Insurance", you can be exempt from the Basic Medical Insurance contributions in China up to December 31, 2014, provided that you obtain a "Certificate of Commercial Medical Insurance" from the National Pension Service of Korea and submit or show it to the Chinese agency. When your commercial medical insurance contract expires before December 31, 2014, the contribution in the Basic Medical Insurance in China shall be paid from the date of expiry.

1. A Request for the Korean Certificate of Coverage

   The application for the "Certificate of Coverage" and "Certificate of Commercial Medical Insurance" shall be submitted by ①the employer in Korea of the detached person, ②short-term employee, ③self-employed person and investor.

   • Who can be issued a Certificate of Coverage?

     • ① Detached person
       • A person who is detached to China no more than 5 years
       • A person whose detachment period to China is extended (Based on the mutual agreement between the two countries, the exemption period can be extended to 13 years)
     • ② Short-term employee
       • a national of Korea who is insured by the Korean National Pension Scheme and is employed by an employer with a place of business in China (the exemption period cannot exceed 5 years)
     • ③ Self-employed person and investor
       • a national of Korea who resides in Korea, is insured by the Korean National Pension Scheme and is temporarily self-employed in China
       • a national of Korea who invests in a wholly foreign-owned business or a joint venture in China and takes a post in that wholly foreign-owned business or joint venture

   • How to request the Certificate of Coverage?

     • ① You shall apply for the Certificate with the required documents by mail, fax or visiting the National Pension Service of Korea.

   • Required Documents

     • "Application for Certificate of Coverage" shall be submitted with the required documents as below.

     Required Documents

     Category	Certificate of Coverage	Certificate of Commercial Medical Insurance
     Detached Person	Certificate of Employment Insurance Documents proving the detachment (Detachment Order, etc.)	Documents proving the contract of commercial medical insurance that covers the expense of the hospitalization, medical treatment and medicine in China arising from injury and illness
     Short-term Employee	Certificate of Employment or Working Contract, etc,	Documents proving the contract of commercial medical insurance that covers the expense of the hospitalization, medical treatment and medicine in China arising from injury and illness
     Self-employed Person	Certificate of Business Registration, etc.	Documents proving the contract of commercial medical insurance that covers the expense of the hospitalization, medical treatment and medicine in China arising from injury and illness
     Investor	Corporate Registration Book, etc.	Documents proving the contract of commercial medical insurance that covers the expense of the hospitalization, medical treatment and medicine in China arising from injury and illness

2. Presentation of the Certificate of Coverage to the Chinese Agency

   An employer, self-employed person or investor can be exempted from paying Old-Age Insurance, Unemployment Insurance (exempted only for the detached person) and Basic Medical Insurance (exempted only up to December 31, 2014) by submitting a "Certificate of Coverage" and "Certificate of Commercial Medical Insurance" to the Chinese Agency (Social Insurance Administration).

   The exemption will be granted from the month following the month when the Certificates are submitted to the Chinese Agency.

How to be exempted from Korean National Pension Scheme

If you are insured by the Old-Age Insurance and Unemployment Insurance in China and detached to Korea, you can be exempted from the National Pension and Employment Insurance contributions in Korea, provided that you obtain a "Certificate of Coverage" from the Social Insurance Administration of China and submit it to the National Pension Service of Korea.

If you are a short-term employee, self-employed person or investor in Korea and are insured by the Old-Age Insurance in China, you can be exempted from the National Pension contributions in Korea, provided that you obtain a "Certificate of Coverage" from the Social Insurance Administration of China and submit it to the National Pension Service of Korea.

1. A Request for the Chinese Certificate of Coverage

   The application for the Chinese "Certificate of Coverage" shall be submitted as below.

   • Who can be issued the Certificate of Coverage?

     • ① Detached person
       • A person who is detached to Korea no more than 5 years
       • A person whose detachment period to Korea is extended (Based on the mutual agreement between the two countries, the exemption period can be extended to 13 years)
     • ② Short-term employee
       • a national of China who is insured by the Chinese Old-Age Insurance and is employed by an employer with a place of business in Korea (the exemption period cannot exceed 5 years)
     • ③ Self-employed person and investor
       • a national of China who resides in China, is insured by the Chinese Old-Age Insurance and is temporarily self-employed in Korea
       • a national of China who invests in a wholly foreign-owned business or a joint venture in Korea and takes a post in that wholly foreign-owned business or joint venture

   • How to request the Certificate of Coverage?

     • You shall apply for the Certificate to the Chinese Agency according to the procedure that is set by the Chinese Agency.

   • Issuing Agency of the Chinese Certificate of Coverage

     • Social Insurance Administration (www.mohrss.gov.cn)

2. Submission of the Certificate of Coverage to the Korean National Pension Service

   • The original of the Chinese "Certificate of Coverage", the "Application for Exemption" and the copy of your Alien Registration Card shall be submitted to the International Center of National Pension Service by visiting or registered mail (Submitting by fax is not accepted).
   • The exemption from the National Pension and Employment Insurance contributions will be granted from the month following the month when the Certificate is submitted.

※ For more information, you can contact the International Center or any regional offices of the NPS.