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Q&A Regarding Agreement on Mutual Exemption of Social Security between China and Netherlands

Answer
To effectively solve the problem of double payment of social insurance premiums for personnel working in each other’s country, China and Netherlands formally signed the Social Security Agreement between the People’s Republic of China and the Kingdom of the Netherlands on September 12, 2016 (hereinafter referred to as Agreement). The Agreement officially entered into force on September 1, 2017. This article aims to solve frequently asked questions in the form of Q&A for clients’ reference.

Q: Which type of insurance is mutually exempted according to the Agreement?
A: The mutually exempted insurances are staff basic pension insurance, unemployment insurance in China and the pension insurance, unemployment insurance and the survivor insurance in Netherlands.

Q:
Who can be exempted from paying relevant social insurance premiums in Netherlands?
A:
1. Dispatch staff, which refer to under the jurisdiction of Chinese laws and regulations and employed by employers who have business premises and conduct business normally on Chinese territory and those who have worked directly for the employer on Chinese territory for at least one month before being dispatched.
2. Seaman, which refer to persons employed on seafaring ships flying the Chinese flag and persons usually residing in Chinese territory and sent by Chinese employers to work on seafaring ships flying the Dutch flag.
3. Aircraft employees, which refer to aircrew whose employer’s main business place is in China.
4. Civil servants and personnel of diplomatic and consular institutions. The personnel of the diplomatic and consular offices refer to the relevant personnel defined in the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. Civil servants refer to civil servants dispatched by China to work on Dutch territory.
5. Members of the family unit, the accompanying spouse and children of the above-mentioned category 1 and category 4 persons are also exempt from paying relevant social insurance premiums in the Netherlands, unless their spouse and children are employed or self-employed on the Dutch territory.
6. Exception. The competent authorities or agencies in China and Netherlands may agree to make exceptions to Articles 5 to 8 and Article 9, item 2, 3 and 4 of the Agreement for specific persons or groups of people, provided that such persons or such persons are subject to the laws and regulations of either China or Netherlands.

Q:
Who can be exempted from paying relevant social insurance premiums in China?
A:
The conditions applicable to Dutch who are exempted from paying social insurance premiums in China are the same as those applicable of Chinese working in Netherlands.

Q:
How long could the exemption period last for dispatched personnel from paying social insurance premiums?
A:
The maximum period for dispatched personnel to be exempted from payment of social insurance for the first time is 5 years. If the dispatch period exceeds 5 years, it may be extended if agreed by the competent authorities or agencies in China and Netherlands, and the exempted from payment period shall not exceed 1 year.

Q:
What materials need to be provided to apply for exemption from paying relevant social insurance premiums?
A:
Applicants need to submit the Insurance Certificate to apply for exemption from paying corresponding social insurance premiums.

Q:
Can Dutch apply for exemption from paying relevant social insurance premiums in China if they cannot provide Insurance Certificate?
A:
No. For Dutch who cannot submit the Insurance Certificate in China, the local social insurance agencies should urge them to participate in China’s social insurance according to relevant regulations.

Q:
Apart from the staff basic pension insurance and unemployment insurance, can other social insurances be exempted from payment for Dutch who working in China?
A:
No. In addition to the staff basic pension insurance and unemployment insurance as stipulated in the Agreement, Dutch in China should participate in other types of social insurance in China in accordance with relevant regulations.

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