National Pension Service

Main Contents of the Social Security Agreement Between Korea and China

History of the Agreement with China

• Sep. 2001 : Agreed on negotiating a Social Security Agreement between Korea and China
• Mar. 2002 :Held the first round of Negotiation Meetings for the Agreement in China
• Sep. 2002 :Held the second round of Negotiation Meetings for the Agreement in Korea
• Nov. 2002 :Held meetings for the Administrative Arrangement and the Implementation of the Provisional Measures Agreement
• Feb. 2003 :Exchanged the Notes constituting an Agreement on the Provisional Measures
• Feb. 2003 : Provisional Measures Agreement between Korea and China entered into force
• Apr. 2003 :signed the Administrative Arrangement for the Provisional Measures Agreement
• Apr. 2005 :Held the first round of preliminary talks for the Review of Agreement in China

Applicable Legislation

• as regards Korea,

  • the National Pension Law and enforcement rules and regulations

• as regards China,

  • the laws, regulations and rules concerning the Basic Old-Age Pension

Personal Scope of this Convention

This Agreement shall apply to Korean nationals or Chinese nationals who are or who have been subject to the legislation of either Korea or China.

※ For more information, you may refer to the sectionText of Convention

Exemption from Dual Coverage

• According to the territorial principle, an employee is subject to the legislation of a contracting country in which he/she is employed
• A self-employed person is subject to the legislation of the contracting country where the person permanently resides, and may not be subject to the legislation of the contracting country where he/she temporarily resides.
• A detached worker is exempt from coverage under the pension system of the contracting country which he/she is sent to for specified period if he/she is covered under the pension scheme of his/her home country.

※ For more information, you may refer to the section Convention or Guide for Exemption Application

[ 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 of Coverage for the entitlement to benefit
• Therefore, there is no pension benefits under the Agreement, whether the payment is granted depends on the each country's legislation respectively.
• And, a Korean Lump-sum refund is not paid to the nationals of China.

※ For more information, you may refer to the section Agreement

Agencies of this Agreement

• As regards Korea,

  • National Pension Service (NPS)

• As regards the china,

  • Social Insurance Administration of the Ministry of Labour and Social Security

    中華人民共和國 勞動和社會保障部 社會保險事業管理中心 : 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.