中华人民共和国与德意志联邦共和国社会保险协定（中文版）

Agreement between the People's Republic of China and the Federal Republic of Germany on Social Insurance

　  Signatory: Germany   Category: Agreement  Signing Date: 07-12-2001  Area: Insurance

The People's Republic of China and the Federal Republic of Germany -Being desirous of furthering their mutual cooperation in the field of social security, of facilitating the employment of employees in the other Contracting State and, in particular, of avoiding that employees are subject to compulsory coverage under the legislation of both Contracting States at the same time, after negotiations between representatives of the governments of both Contracting States -Have agreed as follows:

Article 1 Definitions

　　(1) For the purpose of this Agreement,

　　a)"legislation" means, as regards the People's Republic of China, the laws, legal provisions, administrative provisions and other normative acts concerning the social security systems covered by the scope of this Agreement (number 1 of Article 2);as regards the Federal Republic of Germany, the laws, regulations, by-laws and other general legislative acts concerning the social security systems covered by the scope of this Agreement (number 2 of Article 2);

　　b) "competent authority" means, as regards the People's Republic of China, the Ministry of Labour and Social Security; as regards the Federal Republic of Germany, the Federal Ministry of Labour and Social Affairs;

　　c) "agency" means, as regards the People's Republic of China, the Social Insurance Administration of the Ministry of Labour and Social Security or other bodies designated by the said Ministry; as regards the Federa Republic of Germany, the insurance institution responsible for the implementation of the legislation specified in number 2 of Article 2.

　　(2) Any other term has the meaning assigned to it under the applicable legislation of the respective Contracting State.

Article 2 Scope

This Agreement shall apply to the following legislation:

　　1.as regards the People's Republic of China, the Statutory Pension Insurance,the Unemployment Insurance;

　　2.as regards the Federal Republic of Germany, the Statutory Pension Insurance, the Promotion of Employment.

Article 3 Compulsory coverage of employees

Unless otherwise provided in this Agreement, compulsory coverage of employees shall be determined by the legislation of the Contracting State in whose territory they a reemployed; this shall also apply in cases where the employer is in the territory of the other Contracting State.

Article 4 Compulsory coverage in case of detachment

When an employee who is employed in one Contracting State is sent by his employer to the territory of the other Contracting State in the context of that employment to perform services there for that employer, only the legislation on compulsory coverage of the first Contracting State shall continue to apply with regard to that employment during the first forty-eight calendar months as though the employee were still employed in the territory of the first Contracting State.

Article 5 Compulsory coverage on board sea-going vessels

Persons employed on board a sea-going vessel flying the flag of either Contracting State shall be subject to the legislation on compulsory coverage of that Contracting State.However, where an employee who ordinarily resides in the territory of one Contracting State is temporarily sent to work on a sea-going vessel flying the flag of the other?Contracting State, the legislation of the first Contracting State shall apply to this employee with regard to compulsory coverage as though the employee were employed in the territory of the first Contracting State.

Article 6 Compulsory coverage of other persons

The provisions of Articles 3 to 5 and 8 on compulsory coverage shall apply accordingly to other persons to whom the legislation covered by the scope of this Agreement (Article 2)applies.

Article 7 Compulsory coverage of persons employed with diplomatic missions

Nothing in this Agreement shall affect the persons specified in the Vienna Convention on Diplomatic Relations of April 18, 1961, or in the Vienna Convention on Consular Relations of April 24, 1963.

Article 8 Exceptions from the provisions on compulsory coverage

As regards compulsory coverage, where, by virtue of the provisions of Articles 3 to 5 and7, the legislation on compulsory coverage of one Contracting State is applicable to an employee or, by virtue of the provision of Article 6, to any other person, the competent authority of that Contracting State or the body designated by it may exempt that employee or that other person from that legislation at the joint request of that employee and the employer or at the request of that other person, provided that the employee or the other person will be subject to the legislation on compulsory coverage of the other Contracting State. Before the decision on the exemption is taken, the competent authority of that other Contracting State or the body designated by it shall be given the opportunity to state whether that employee or that other person will be subject to the legislation on compulsory coverage of that other Contracting State. In making such a decision, the nature and the circumstances of the employment shall be taken into account. The preceding sentences shall apply in particular to an employee of a company which has its seat in one Contracting State, who is temporarily employed by an affiliate of this company in the other Contracting State and who receives remuneration at the expense of the affiliate for this period.

Article 9 Issue of certifications

　　(1) In the circumstances described in Articles 4 to 6 and 8, the competent agency of the Contracting State whose legislation is to be applied shall, upon request, issue a certification in respect of the relevant employment stating that the employee is subject to that legislation. In the circumstances described in Articles 4 and 8, the certification must include information on the period for which it is valid.

　　(2) Where German legislation is to be applied, the certification shall be issued by the sickness insurance agency which collects the pension insurance contributions, or if there is no such agency, by the Federal Insurance Institution for Salaried Employees (Bundesversicherungsanstalt fur Angestellte), Berlin.

　　(3) Where Chinese legislation is to be applied, the certification shall be issued by the Social Insurance Administration of the Ministry of Labour and Social Security or by other bodies designated by the said Ministry.

Article 10 Administrative assistance

The authorities of the Contracting States specified in this Agreement and the agencies of the Contracting States shall provide mutual assistance to each other in the implementation of this Agreement as if they applied the legislation applicable to them. The assistance shall be provided free of charge.

Article 11 Languages of communication and legalisation

　　(1) In implementing this Agreement the authorities of the Contracting States specified in this Agreement and the agencies of the Contracting States may communicate directly with each other in their official languages.

　　(2) Documents, especially applications and certifications, may not be rejected because they are written in the official language of the other Contracting State.

　　(3) Documents, especially certifications, to be submitted in application of this Agreement shall not require any legalisation or any other similar formality.

Article 12  Data protection

Where, under this Agreement, personal data are transmitted, the following provisions shall apply taking into consideration the legislation applicable to each Contracting State:

　　a) The data may, for the purposes of implementing this Agreement, be transmitted to the relevant authorities and agencies in the receiving State. The authorities and agencies inthe receiving State may process and use the data for these purposes. The passing on of this data to other bodies within the receiving State or the use of this data in the receiving State is permissible in the framework of the law of the receiving State provided this serves social security purposes. In all other cases the passing on to other bodies shall be only permissible upon prior consent of the transmitting authority or agency.

　　b) In individual cases the recipient of the data shall, at the request of the transmitting authority or agency, inform that authority or agency of the use of the transmitted data and the results obtained thereof.

　　c) The transmitting authority or agency shall be obliged to ensure that the data to be transmitted is correct and that its transmission is necessary and proportionate with regard to the purposes pursued with the transmission of the data. In this context, any prohibition to transmit data under the respective national laws and legislation has to be respected. If it becomes evident that incorrect data or data whose transmission was not permissible under the national laws and legislation of the transmitting State has been transmitted, the recipient has to be immediately notified of this fact. The recipient shall be obliged to correct or delete this data.

　　d) Upon request, the person concerned shall be informed of any personal data transmitted and the intended use of that data. In all other cases, the right of the person concerned to receive information about any personal data held in relation to that person shall be determined by the national laws and legislation of the Contracting State from whose authority or agency the information has been requested.

　　e) Transmitted personal data shall be deleted as soon as it is no longer required for the purpose for which it was transmitted, and if there is no reason to assume that social security interests of the person concerned which are worthy of protection will be affected by the deletion of the data.

　　f) The transmitting and the receiving authority or agency shall be obliged to record the transmission and the receipt of personal data.

　　g) The transmitting and the receiving authority or agency shall be obliged to protect transmitted personal data effectively against unauthorized access, unauthorized modification and unauthorized disclosure.

Article 13 Implementing arrangements

　　(1) The Governments or the competent authorities may conclude arrangements necessary for the implementation of this Agreement. The competent authorities shall inform each other of any amendments and additions to their legislation which is covered by the scope of this Agreement (Article 2).

　　(2) The liaison agencies designated for the implementation of this Agreement are:

　　a) in the People's Republic of China the Department of International Cooperation, Ministry of Labour and Social Security, Beijing;

　　b) in the Federal Republic of Germany the German Liaison Agency Health Insurance - International (Deutsche Verbindungsstelle Krankenversicherung - Ausland), Bonn.

　　(3) The liaison agencies may, within their respective areas of jurisdiction and with the participation of the competent authorities, agree upon the administrative measures necessary and appropriate for the implementation of this Agreement. However, the provision of paragraph 1 shall remain unaffected.

Article 14 Settlement of disputes

Disputes between the two Contracting States regarding the interpretation or application of the Agreement and the Protocol shall be settled through diplomatic channels and, if necessary, by a joint ad hoc commission set up by mutual agreement.

Article 15 Protocol

The attached Protocol shall form an integral part of this Agreement.

Article 16 Entry into force

This Agreement shall enter into force on the thirtieth day after the day on which the Contracting States have notified each other that the national requirements for such entry into force have been fulfilled. The relevant date shall be the day on which the last notification is received.

Article 17 Duration of the Agreement

The Agreement shall be concluded for an indefinite period of time. Either Contracting State may denounce it, through diplomatic channels, at the end of a calendar year by giving three months' written notice.

Done at Beijing on July 12,2001, in duplicate in the Chinese, German and English languages, all three texts being authentic. In case of divergent interpretations of the Chinese and the German texts, the English text shall prevail.

　　For the People's Republic of China

　　For the Federal Republic of Germany

Protocol to the Agreement between the People's Republic of China and the Federal Republic of Germany on Social Insurance.

At the time of the signing of the Agreement on Social Insurance concluded this day between the People's Republic of China and the Federal Republic of Germany, the undersigned plenipotentiaries of both Contracting States stated that they were in agreement on the following points:

　　1.With reference to Article 4 of the Agreement:

　　For persons who are employed on the day of the entry into force of the Agreement the period specified shall run from that day.

　　2.With reference to Article 8 of the Agreement:

　　If, in applying Article 8 of the Agreement, the person concerned is subject to the legislation of a Contracting State, that person shall be deemed to be employed or working the place where he was employed or worked last in that Contracting State; any other arrangement resulting from the previous application of Article 4 of the Agreement shall continue to apply.

　　If the person was not employed or did not work previously in the territory of that Contracting State, he shall be deemed to be employed or work at the place where the competent authority of that Contracting State has its seat.

　　3.With reference to Articles 8 and 16 of the Agreement:

　　Article 8 of the Agreement is to be applied with regard to an employee and employer or a person under Article 6 of the Agreement also for the period before the entry into force of the Agreement in accordance with the respectively applicable national legislation if, at the time of the signing of the Agreement, a definitive notice of an order to payout standing contributions has not yet been issued. As from the time of the signing of the Agreement, the competent agencies may suspend the issue of notices to pay contributions provided that the Agreement enters into force within a reasonable period of time after its signing.