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Foreigners’ and Hongkongers’ Participation in China’s Social Security System

The new Social Insurance Law (“SIL”) was issued on 28 October 2010 and took effect on 1 July 2011. Under the new SIL, any expatriate working in a mainland China registered company is required to make monthly social insurance contributions to the local authority. In this article, we review the history and development of China’s social security system for foreigners, including for Hong Kong residents; discuss the pitfalls of the existing legislation in respect of social security contributions; and analyse both the employers’ and employees’ considerations from difference perspectives.