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Social Security Law of China (2018)

社会保险法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Dec 29, 2018

Effective date Dec 29, 2018

Validity status Valid

Scope of application Nationwide

Topic(s) Human Rights Law Labor Law/Employment Law Social Security Law

Editor(s) C. J. Observer

The Social Security Law was promulgated in 2010 and amended in 2018 respectively. The latest revision entered into force on December 29, 2018.

There are 98 articles in total.

The key points are as follows:

1.The state shall establish a social insurance system including basic endowment insurance, basic medical insurance, employment injury insurance, unemployment insurance and maternity insurance to guarantee the rights of citizens to legally obtain material assistance from the state and society in case of old age, illness, work-related injuries, unemployment and childbirth.(Article 2)

2.Employers and individuals within the territory of the People’s Republic of China shall pay social insurance premiums.(Article 4)

3.Social insurance premiums shall be uniformly collected.(Article 59)

4.Social insurance funds shall include basic endowment insurance funds, basic medical insurance funds, employment injury insurance funds, unemployment insurance funds and maternity insurance funds. Except for basic medical insurance funds and maternity insurance funds which apply consolidated account establishment and accounting, separate accounts shall be created for a variety of other social insurance funds according to the types of social insurance, and separate accounting shall apply.(Article 64)

5.When social insurance funds are insufficient for payment, the people’s governments at and above the county level shall provide subsidies.(Article 65)

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