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

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To effectively solve the problem of double payment of social insurance premiums for personnel working in each other’s country, China and Canada formally signed the Social Security Agreement between the Government of People’s Republic of China and the Government of Canada on April 2, 2015 (hereinafter referred to as Agreement). The Agreement officially entered into force on January 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 and basic pension insurance for urban and rural residents in China, and the Old Age Security Act and the regulations made accordingly, and Canada Pension Plan and the regulations made accordingly in Canada.

Q: Who can be exempted from paying relevant social insurance premiums in Canada?
A:
1. Dispatched personnel, which refer to persons employed by an employer with a business premises within the Chinese territory and are dispatched by the employer to work in the Canadian territory according to the employment relationship.
2. Self-employed persons, which refer to persons who reside within the Chinese territory, work in the form of self-employment in Canada or in the territories of both countries.
3. Employees on ships and aircraft.
4. Government employees,  which refer to persons subject to Chinese laws and regulations and are employed by the central, local governments and other public institutions and are sent to work within Canadian territory.
5. Exception. The competent authorities or agencies in China and Canada may agree to make exceptions to Articles 5 to 8 of the Agreement for specific persons or groups of people, provided that such persons or groups are subject to the laws and regulations of either China or Canada.

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

Q: How  long  could  the  exemption  period last for the dispatched personnel from paying social insurance premiums?
A: The maximum period for dispatched personnel to be exempted from payment of social insurance is 72 months. If the dispatch period exceeds 72 months, it may be extended if agreed by the competent authorities or agencies in China and Canada.

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  Canadians  apply  for  exemption  from  paying  relevant  social insurance premiums in China if they cannot provide Insurance Certificate?
A: No. For Canadians who cannot provide 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, can other social insurances be exempted from payment for Canadians working in China?
A: No. In addition to the staff basic pension insurance as stipulated in the Agreement, Canadians in China should participate in other types of social insurance in China in accordance with relevant regulations.

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