Notice of the General Office of the Ministry of Labor and Social Security on the Implementation of the Sino-German Social Insurance Agreement
Labor and Social Security Department [2002] No. 2
All provinces, autonomous regions, Municipal Labor and Social Security Department (Bureau):
The "Social Insurance Agreement between the People's Republic of China and the Federal Republic of Germany" (hereinafter referred to as the "Agreement") was signed in July 2001 On March 12, it was officially signed by the Minister of Labor and Social Security of China and the Minister of Labor and Social Affairs of Germany. The purpose of the Agreement is to ensure that Chinese and German personnel stationed abroad participate in social insurance while avoiding the obligation to participate in social insurance stipulated in the laws of both contracting countries at the same time. The "Agreement" is the first bilateral agreement on social insurance signed between the Chinese government and a foreign government since the founding of the People's Republic of China. It marks the beginning of the standardization, institutionalization and internationalization of my country's social insurance foreign-related work. The practice and principle of reciprocity have laid a good foundation for signing similar agreements with other countries, which will strengthen the friendly cooperation between China and Germany in the field of social insurance, improve our country's international status and influence, and safeguard the legitimate rights and interests of the country and its overseas institutions and personnel. Promoting personnel exchanges and economic and trade development has important political and economic significance. On February 18, 2002, relevant agencies of the two countries signed the "Administrative Agreement on the Implementation of the Participation Obligations in the Social Insurance Agreement between the People's Republic of China and the Federal Republic of Germany". The two parties agreed that the Agreement would officially come into effect on April 4, 2002. In order to ensure the implementation of the Agreement, the relevant issues are hereby notified as follows:
1. Relevant specific contents of the Agreement
(1) Mutual exemption from payment of social insurance premiums applies Scope:
Statutory pension insurance premiums and unemployment insurance (Germanly known as "employment promotion") fees (hereinafter referred to as the "two fees").
(2) China is exempted from paying the "two fees" in Germany:
Category 1: Chinese-funded companies, enterprises, institutions and other units stationed in Germany offices and liaison agencies staff (referred to as dispatched staff);
The second category of staff: staff of Chinese-funded companies, enterprises and institutions in German subsidiaries (referred to as subsidiary staff);
The third category of personnel: persons without employers in China (referred to as persons without employers);
The fourth category of persons: seafarers;
The fifth category of persons: Chinese diplomatic missions in Germany and Chinese personnel employed by its staff (diplomatic employees for short).
(3) The conditions for the German side to be exempted from paying the "two fees" in China are similar to the conditions for the Chinese side.
(4) The period for exemption from payment of "two fees":
Personnel in Categories 1 to 4 can apply for exemption from payment for the first time for a maximum period of 60 calendar months (Category 1 Personnel are automatically exempted from payment obligations within the first 48 calendar months of being assigned to work in Germany, but they must still apply for and hold a certificate issued by the handling agency). If work requires it, the total exemption period*** may be extended to 96 calendar months upon approval. In exceptional circumstances, a final exemption may be granted upon approval.
The fifth category of personnel, upon application by both employers and employees, can be exempted for an unlimited period of time.
(5) Competent authorities, liaison agencies and handling agencies:
1. Competent authority: In China, it is the Ministry of Labor and Social Security; in Germany, it is the Federal Ministry of Labor and Social Affairs.
2. Liaison Office: The Chinese side is the International Cooperation Department of the Ministry of Labor and Social Security; the German side is the Medical Insurance International Liaison Office.
3． Handling agency: The Chinese side is the Social Insurance Management Center of the Ministry of Labor and Social Security (hereinafter referred to as the Ministry of Social Security Center); the German side is the medical insurance agency responsible for collecting pension insurance premiums and the Federal Employees Insurance Agency (Berlin).
Persons who are eligible to be exempted from paying the "two fees" will be issued a "Certificate issued in accordance with the Sino-German Social Security Agreement" (hereinafter referred to as the "Certificate", the format is attached) issued by the handling agency, and the applicant shall submit it to the presented to the payment agency.
2. Procedures for Chinese personnel in Germany to apply for "certificate" for exemption from payment of "two fees"
Have participated in basic pension insurance and unemployment insurance in China as required, and paid in full and on time Those who pay insurance premiums can apply for the "Certificate" to be exempted from paying "two fees" in Germany according to the following procedures:
(1) The applicant fills in the "Certificate of Application (Certificate issued in accordance with the Sino-German Social Insurance Agreement)" )Application Form" (hereinafter referred to as the "Application Form", the format is attached), and be stamped with the seal of the unit where you work. The "Application Form" can be obtained from the Ministry of Social Security Center or downloaded from the Ministry of Social Security Center website, website: www. molss． gov. cn (after entering, click "Directly Affiliated Units", then click "Social Insurance Management Center").
(2) The applicant or agent takes the filled-in "Application Form" (in triplicate) to the social insurance agency in the place where the insured is insured for review; the agency is reviewing the situation of the insured person After it is correct, stamp it. If the agencies responsible for pension insurance and unemployment insurance are established separately, they should verify and stamp them separately, and keep an "Application Form" for record.
(3) The applicant or agent shall send the stamped "Application Form" to the Ministry of Social Security Center.
(4) For first-time applicants of Category I and II, the Ministry of Social Security Center will notify the applicant within 5 working days of receiving the "Application Form" and send the "Certificate" to the applicant, but it has not been issued. "Certificate" shall be notified to the applicant promptly and the reasons shall be explained.
(5) For the third category of first-time applicants and those who apply for extension of the exemption period, the Ministry of Social Security Center will review the "Application Form" after receiving it, and submit the review results to the International Cooperation Department of our Ministry; After review, the International Cooperation Department of our Ministry will notify the German Medical Insurance International Liaison Office. After receiving the decision notice from the German Medical Insurance International Liaison Office, the International Cooperation Department of our Ministry will arrange for the Social Security Center of the Ministry to notify the applicant of the result and issue a "Certificate" as appropriate.
(6) For the fourth category of applicants, the application procedures for dispatched personnel, subsidiary personnel, and non-employer personnel will be handled separately depending on their circumstances.
(7) If a staff member working in Germany comes to work in Germany again more than 6 months after returning to his country, he must follow the procedures for applying for extension of the exemption period in Article (5) and re-apply for exemption from payment of fees.
(8) When sending personnel from public institutions that have not participated in the local basic pension insurance to fill out the "Application Form", they only need to affix the seal of the agency responsible for unemployment insurance, but when sending the "Application Form" Attached is the legal person registration certificate (copy) of the public institution.
3. Management measures for exempting German personnel in China from paying "two fees"
(1) Within 30 days after the Agreement takes effect, German staff in China should report to the place where they work If the social insurance collection agency issues a "certificate" issued by a designated agency in Germany, the collection agency can be exempted from social insurance premiums.
(2) For German staff in China who cannot issue the "Certificate", the collection agency shall collect basic pension insurance premiums in accordance with the State Council's "Interim Regulations on the Collection of Social Insurance Premiums" and the "Agreement" and unemployment insurance premiums.
The above provisions shall be implemented from the date of entry into force of the Agreement. Labor and social security departments at all levels should attach great importance to this work. Social insurance agencies should handle the relevant application procedures in a timely manner based on the principles of truthfulness and convenience. They should be conscientious and responsible during the review to prevent the occurrence of arrears. If any problems are found in the implementation of the Agreement, please report it to our ministry in a timely manner.
Attachments:
1. Social Insurance Agreement between the People's Republic of China and the German Federal Republic of Germany
2. Administrative Agreement on the Implementation of the Participation Obligations in the Social Insurance Agreement between the People's Republic of China and the German Federal Republic of Germany
3. Application form for "Certificate issued in accordance with the Social Security Agreement between China and Germany" (omitted)
4. Certificate issued in accordance with the Sino-German Social Security Agreement (1--4) (omitted)
March 22, 2002
Attachment 1 People's Republic of China*** The People's Republic of China and the German Federation*** and the People's Republic of China
***The People's Republic of China Social Insurance Agreement
The People's Republic of China and the German Federation*** and the People's Republic of China intend to strengthen cooperation in the field of social security , to provide convenience for employees to work in the territory of the other contracting country, especially to avoid employees from bearing the insurance obligations stipulated in the laws of both contracting countries at the same time, after consultations between representatives of the governments of the two contracting countries, the agreement is as follows:
Article A definition
1. In this Agreement:
(1) The term "legal provisions"
In the People's Republic of China, means Laws, regulations, rules and other normative documents involving the social insurance system included in the scope of application of this Agreement (Article 2, Paragraph 1);
In the German Federal *** and the Republic of Germany, it refers to the laws, regulations, rules and other normative documents covering the social insurance system covered by this Agreement; The laws, regulations, charters and other generally legally binding documents of the social insurance system included in the scope of application of the Agreement (Article 2, Paragraph 2);
(2) The term “competent authority”
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In the People's Republic of China, it refers to the Ministry of Labor and Social Security;
In the German Federal Republic of Germany, it refers to the Federal Ministry of Labor and Social Affairs;
(3) The term "handling agency"
In the People's Republic of China, it refers to the Social Insurance Management Center of the Ministry of Labor and Social Security or other institutions designated by the ministry:
In the German Federal ***, it refers to the insurance institution responsible for implementing the legal provisions mentioned in Article 2, paragraph 2;
2. Other terms have the meaning applicable to each contracting state. the meaning given by legal provisions.
Article 2 Scope of Application
This Agreement shall be subject to the following legal provisions:
(1) In the People's Republic of China:
Statutory pension insurance,
Unemployment insurance.
(2) In the German Federal Republic of Germany:
Statutory pension insurance,
employment promotion.
Article 3 Employees’ Insurance Obligations
Except as otherwise provided in this Agreement, employees’ insurance obligations shall be determined in accordance with the legal provisions of the Contracting State in which the employees are employed. ; This provision also applies when the employer is in the territory of the other Contracting State.
Article 4 Obligation to participate in insurance when dispatched
If an employee employed in a contracting country is dispatched by his employer to the territory of the other contracting country to work for the employer in accordance with his employment relationship , then during the first forty-eight calendar months of such employment, only the legal provisions of the first-mentioned Contracting State regarding the obligation to participate in insurance will continue to apply, as if the employee were still employed in the territory of that Contracting State.
Article 5 Insurance Obligations on Sea-Going Vessels
The insurance obligations of persons employed on sea-going ships flying the flag of any Contracting State shall be governed by the legal provisions of that Contracting State. However, if an employee ordinarily resident in the territory of a Contracting State is temporarily assigned to work on board a seagoing vessel whose flag is that of the other Contracting State, the legal provisions of the first-mentioned Contracting State shall still apply to the employee's obligation to insure, as if the employee same as employment in that Contracting State.
Article 6: Insurance obligations of other personnel
The provisions of Articles 3 to 5 and Article 8 on insurance obligations shall apply accordingly to the scope of application of this Agreement (Second Other persons covered by legal provisions covered by Article).
Article 7 Obligations to participate in insurance for employees of diplomatic missions
This Agreement does not affect the Vienna Convention on Diplomatic Relations of April 18, 1961 or the Vienna Convention on Diplomatic Relations of 1961 Persons covered by the Vienna Convention on Consular Relations of April 24, 2018.
Exceptions from Article 8 on the obligation to participate in insurance
As far as the obligation to participate in insurance is concerned, if in accordance with the provisions of Articles 3 to 5 and 7, a Contracting State has Where the legal provisions of the obligation to participate in insurance apply to employees, or to any other person in accordance with the provisions of Article 6, the competent authorities of that Contracting State or a body designated by them may, on the agreement of the employee and the employer, or on the application of the other person The employee or other person is exempted from the application of the legal provisions if the employee or other person is subject to the legal provisions of the other Contracting State concerning the obligation to participate in insurance. Before taking a decision on the exemption, the competent authority of the other Contracting State or the body designated by it shall have the opportunity to declare whether the employee or other person is subject to the provisions of its law concerning the obligation to participate in insurance. In making this decision, the nature and circumstances of their work must be taken into account. The above provisions are particularly applicable to the situation where employees of an enterprise in one contracting country are temporarily employed by the enterprise's investment enterprise in the other contracting country and during this period, the investment enterprise bears their labor remuneration.
Issue of Article 9 Certificate
1. In the circumstances mentioned in Articles 4 to 6 and 8, the legal provisions of a Contracting State shall apply The competent agency shall, upon application, issue a certificate concerning the relevant employment relationship and stating that the employee is subject to its legal provisions. In the cases mentioned in Articles 4 and 8, this certificate must indicate the validity period.
2. If German law applies, the medical insurance agency that collects pension insurance premiums will issue a certificate; if there is no such agency, the Federal Employees Insurance Agency (Berlin) will issue this certificate. certificate.
3. If Chinese laws and regulations apply, the certificate will be issued by the Social Insurance Management Center of the Ministry of Labor and Social Security or other institutions designated by the ministry.
Article 10 Administrative Assistance
In the implementation of this Agreement, the agencies of the Contracting States mentioned in this Agreement and the agencies of the two Contracting States shall provide assistance to each other as they implement the provisions of their domestic laws. Same. Such assistance shall be provided free of charge.
Article 11 Language and authentication of exchanges
1. When implementing this Agreement, the agencies of the two Contracting Parties and the agencies of the two Contracting Parties mentioned in this Agreement may use their Direct communication in official languages.
2. Documents, especially applications and certificates, shall not be rejected because they are written in the official language of the other Contracting State.
3. Documents required for the application of this Agreement, especially certificates, do not require authentication or other similar procedures.
Article 12 Data Protection
If personal data is transferred under this Agreement, the following provisions shall apply, taking into account the applicable legal provisions of each Contracting State:
(1) For the purpose of implementing this Agreement, data is allowed to be provided to relevant agencies or agencies of the receiving country. The authorities or agencies in the receiving country may process and use these data for this purpose. If used for social security purposes, the data received may be transferred to other institutions in the receiving country or used within the receiving country within the scope permitted by the laws of the receiving country. In other cases, transfer of data to other organizations is only permitted with the prior consent of the data provider or handling agency.
(2) At the request of the data providing agency or handling agency, the use of the transmitted data and the results obtained therefrom shall be reported to them on a case-by-case basis. Reception
(3) The data providing agency or handling agency is obliged to take into account the accuracy of the data provided, as well as the necessity and appropriateness of the data transmission in relation to the purpose of transmitting the data. In this case, the domestic laws and legal provisions of the parties prohibiting the transfer of personal data shall be respected. If it turns out that data has been supplied that is incorrect or that is not permitted under the domestic laws and legal provisions of the country of provision, the recipient must be informed immediately of this fact. The receiving party is obliged to correct or destroy the relevant data.
(4) Upon application by the party concerned, the information provided concerning him and the intended purpose of use must be informed. In other cases, the rights of the parties to obtain data related to themselves shall be based on the domestic laws and legal provisions of the Contracting State where the agency or handling agency inquiring is located.
(5) Once the transferred personal data is no longer needed for the original purpose of the transfer, and there is no reason to presume that the destruction of the data will affect the parties’ interests that should be protected in terms of social security, It should be destroyed immediately. (6) All data providers are obliged to record the provision and receipt of personal data.
(7) The data providing and receiving agencies or handling agencies are obliged to effectively protect the transmitted personal data to prevent unauthorized access, change and disclosure.
Article 13 Implementation Agreement
1. To implement this Agreement, the two governments or competent authorities may negotiate necessary agreements. The competent authorities shall inform each other of changes and additions to their currently valid legal provisions within the scope of application of this Agreement (Article 2).
2. For the implementation of this Agreement, the following liaison offices are established:
(1) In the People's Republic of China:
Ministry of Labor and Social Security Department of International Cooperation, Beijing;
(2) In the German Federal ***:
German Medical Insurance International Liaison Office, Bonn.
3. The Liaison Office may, within its authority and with the participation of the competent authorities, agree on necessary and appropriate administrative measures to implement this Agreement. However, the provisions of paragraph 1 of this article shall not be affected.
Article 14 Settlement of Disputes
Disputes between the two Contracting Parties regarding the interpretation or application of this Agreement and the Protocol shall be settled through diplomatic channels and, if necessary, through an ad hoc agreement established through consultation and agreement between the two parties. Resolved by Joint Committee.
Protocol to Article 15
The attached protocol is an integral part of this Agreement.
Article 16 Entry into Force
This Agreement shall enter into force on the thirtieth day after the date on which the two Contracting Parties notify each other that they have completed the domestic procedures required for its entry into force. The date of mutual notification is the date on which the final notification is received.
Article 17 Term of Agreement
This Agreement is valid indefinitely. Either contracting country may terminate the agreement at the end of the year by giving three months' written notice through diplomatic channels.
This Agreement is signed in Beijing on July 12, 2001, in duplicate, each written in
Chinese, German and English, all three texts being equal. Make sure. Such as the interpretation of Chinese and German texts
Representatives of the People's Republic of China and the Republic of China
Representatives of the People's Republic of China and the Republic of Germany
Representatives of the People's Republic of China and the Republic of Germany
Representatives of the People's Republic of China and the Republic of China
Protocol to the Social Insurance Agreement between the People's Republic of China and the German Federal Republic of ***
On the occasion of the signing of the Social Insurance Agreement between the People's Republic of China and the German Federal Republic of ***, the two contracting parties signed The plenipotentiary declaration of the Agreement has agreed on the following:
1. Regarding Article 4 of the Agreement:
For persons who are employed on the effective date of the Agreement, the prescribed period begins on that date day.
2. Regarding Article 8 of the Agreement:
When applying Article 8 of this Agreement, if the party is under the jurisdiction of the law of a Contracting State, the party shall be deemed to be For the purpose of being employed or working in the place of last employment or working in that Contracting State; any other arrangements made by reason of the previous application of Article 4 of this Agreement shall continue to apply. If the person was not previously employed or worked in the territory of that Contracting State, he shall be deemed to have been employed or worked in the territory of that Contracting State where the competent authorities are located.
3. Regarding Articles 8 and 16 of the Agreement:
If the final notice regarding the payment of outstanding premiums has not been issued when the Agreement is signed, then before the Agreement takes effect, Article 8 of the Agreement also applies to employees and employers or persons specified in Article 6 of the Agreement in accordance with their respective domestic laws. If the agreement takes effect within a reasonable time after signing, the competent agency may suspend the issuance of payment notices from the date of signing of the agreement.
Annex 2: Administrative Agreement on the Implementation of the Social Insurance Agreement between the People's Republic of China and the German Federal Republic of Germany
According to Article 13, paragraph 3, of the Social Insurance Agreement between the People's Republic of China and the German Federal Republic of Germany (hereinafter referred to as the "Agreement"), for the purpose of implementing Article 8 of the Agreement, persons designated as liaison offices in the Agreement The International Cooperation Department of the Ministry of Labor and Social Security of China (Beijing) and the German Medical Insurance International Liaison Office (DVKA, Bonn) have reached an agreement as follows:
Article 1 Definition
Use of this Agreement words used in and defining their meaning.
Article 2: Time limit for exceptions provided for in Article 8 of the Agreement
1. Time limit for first approval of exemption from the application of legal provisions that must be applied in accordance with Articles 3 to 6 of the Agreement For parties who intend to exempt themselves from the application of the legal provisions of a Contracting State, 60 calendar months begin from the beginning of their temporary stay in that Contracting State.
2. Taking into account the nature and circumstances of the work, the total exemption period*** may be extended to 96 calendar months.
3. In special cases, the period of 96 calendar months may be exceeded and the final exemption period may be extended.
4. If the party concerned is expected to reside in the contracting state that intends to exempt the applicable legal provisions without term limit, the exemption will not be granted. This provision also applies when applying for an extension.
5. For persons who are already working in the other Contracting State in a place subject to term limits on the date of entry into force of the Agreement, the periods mentioned in paragraphs 1 to 3 of this Article shall begin on that date. If an exemption is granted in accordance with Article 3 of the Agreement Protocol, the time before the Agreement takes effect shall not be included in the time limit mentioned in paragraphs 1 to 3 of this Article.
6. If a citizen of a Contracting State works in the territory of the other Contracting State in the employ of a diplomatic or consular agency of that State or as a clerk or staff member of one of the above two categories of agencies, the differences between the employee and the employer shall After filing a contract application, the employee may deviate from the provisions of paragraph 4 of this Article and be exempted from the application of the legal provisions of the other contracting country during the period of his or her employment.
Article 3 Application procedures for exceptions provided for in Article 8 of the Agreement
1. Applications for *** contracts from employees and employers or applications from persons mentioned in Article 6 of the Agreement This should be made promptly and before the start of the requested exemption period.
2. Exemption from the application of German legal provisions:
Applications should be submitted to the Social Insurance Management Center of the Ministry of Labor and Social Security of China. The center will review the application. Special consideration will be given to the nature and circumstances of the work and the results will be submitted to the International Cooperation Department of the Ministry of Labor and Social Security of China. If the company believes that it meets the conditions for exemption from the application of German laws on the obligation to participate in insurance, it will ask the German Medical Insurance International Liaison Office to exempt it. The Office notifies the International Cooperation Department of the Ministry of Labor and Social Security of China of its decision. The International Cooperation Department of the Ministry of Labor and Social Security of China arranges for the Social Insurance Management Center to notify the applicant of the result and issue the certificate specified in Article 9 of the Agreement as appropriate.
3. Exemption from the application of Chinese legal provisions
Applications should be submitted to the German Medical Insurance International Liaison Office. The Division reviews applications, with special consideration given to the nature and circumstances of their work. If the department believes that the conditions for exemption from China's legal provisions on the obligation to participate in insurance are met, it will request the International Cooperation Department of the Ministry of Labor and Social Security of China to exempt it. The International Cooperation Department of the Ministry of Labor and Social Security of China notified the German Medical Insurance International Liaison Office of its decision. The German Medical Insurance International Liaison Office will notify the applicant of the result and arrange to issue the certificate specified in Article 9 of the Agreement as appropriate.
Article 4 Exemptions from Article 8 of the Agreement
1. In order to speed up and simplify the procedures, the International Cooperation Department of the Ministry of Labor and Social Security of China and the International Liaison Office of German Medical Insurance have agreed in advance The prerequisites for exemption from the application of the legal provisions of the respective countries on the obligation to participate in insurance are:
(1) In the case of dispatch:
1. Those who work temporarily in the other contracting country The period exceeds 48 calendar months, and the expected total period does not exceed 60 calendar months, and
2. The request to exempt the applicable employee from being dispatched is made by the employee and the employer within 50 calendar months after the assignment. *Contract application based on the legal provisions of the insurance obligation of a contracting country.
(2) In the circumstances mentioned in the fourth sentence of Article 8 of the Agreement:
1. Employees are bound by the labor law of an enterprise established in the other contracting country (such as By temporarily suspending labor relations),
2. Enterprises established in the other contracting country are obliged to bear the declaration and payment obligations stipulated in the social insurance law there.
3. If you are temporarily employed by an investment enterprise in a Contracting State and actually work in that Contracting State during the period of employment, the temporary working period is not expected to exceed 60 calendar months, and
4. Within 6 calendar months after the temporary work in a contracting country begins, the employee and the employer shall submit a consent application for exemption from the legal provisions of the contracting country’s insurance obligations that apply to the employee’s temporary work.
2. The designated agency of one Contracting State where the work is actually performed will be notified immediately of the exemption matters by the designated agency of the other Contracting State. The designated institutions refer to the International Cooperation Department of the Ministry of Labor and Social Security of China and the International Liaison Office of German Medical Insurance.
3. The employee is dispatched again for more than 48 calendar months after returning to the country (Article 4 of the Agreement), or under the circumstances mentioned in the fourth sentence of Article 8 of the Agreement, the employee applies again to continue to apply the laws of the sending country. , must consult with the designated agency of the country of employment; the simplified procedure in paragraph 1 of this article does not apply.
Article 5 Certificate
The form attached to this administrative agreement is used as a certificate to comply with applicable legal requirements. Changes to the form will not affect the validity of this administrative agreement.
Article 6 Effectiveness
This administrative agreement shall take effect when the agreement takes effect.
Seventh Agreement Term
This administrative agreement is valid indefinitely. The Agreement may be supplemented or changed at any time with the consent of both parties. Either contracting party may terminate this administrative agreement at the end of the year by giving three months' written notice.
This administrative agreement is made in duplicate, each written in Chinese and German, and both texts are equally authentic.
Beijing on February 10, 2002
Bonn on February 18, 2002
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