Agreement on Social Security between the Government of the Kingdom of the Netherlands
and the Government of the People’s Republic of China
[Treedt in werking per 01-09-2017]
The Government of the Kingdom of the Netherlands (hereinafter referred to as the Netherlands
or “the Contracting Party”)
and
the Government of the People’s Republic of China (hereinafter referred to as China
or “the Contracting Party”),
Aiming to develop the friendly relations between the Netherlands and China, and
Being desirous of furthering their mutual cooperation in the field of social security,
in particular, to prevent double coverage of certain elements under the social security
systems of both countries,
Article 1. Definitions
[Treedt in werking per 01-09-2017]
Article 2. Scope of Legislation
[Treedt in werking per 01-09-2017]
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2 Unless otherwise provided in this Agreement, the legislation referred to in Paragraph
1 of this Article shall not include treaties on social security that may be concluded
between one Contracting Party and a third State, or legislation promulgated for their
specific implementation.
Article 3. Personal Scope
[Treedt in werking per 01-09-2017]
Unless otherwise specified, this Agreement shall apply to all persons who are subject
to the legislation of either of the Contracting Parties, and other persons who derive
rights from such persons.
Article 4. Equal Treatment
[Treedt in werking per 01-09-2017]
Unless otherwise provided in this Agreement, persons referred to in Article 3 of one Contracting Party shall, when they work or reside in the territory of the
other Contracting Party, have the same obligations and rights as nationals of that
Contracting Party regarding the application of the legislation of that Contracting
Party.
Article 5. General Provision
[Treedt in werking per 01-09-2017]
Unless otherwise provided in this Agreement, a person who works as an employee in
the territory of one Contracting Party shall, with respect to that employment, be
subject only to the legislation of that Contracting Party.
Article 6. Posted Workers
[Treedt in werking per 01-09-2017]
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1 Where a person who is covered under the legislation of one Contracting Party and who
has been working in the territory of that Contracting Party for at least one month
directly before posting for an employer with a place of business in the territory
of that Contracting Party which normally carries out its activities there, is posted
by the same employer, to work in the territory of the other Contracting Party, the
employee shall be subject only to the legislation of the first Contracting Party as
if that employee were working in the territory of the first Contracting Party, provided
that the period of such posting does not exceed 60 months.
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3 If under Paragraph 1, a person continues to be subject to the legislation of one Contracting
Party, that Paragraph shall also apply by analogy to the person’s spouse and children
who accompany him, unless they are employed or self- employed in the territory of
the other Contracting Party.
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4 Paragraph 1 of this Article shall apply where a person who has been sent by his or
her employer to the territory of a third state and who remains subject to the legislation
of the sending Contracting Party, is subsequently sent by that employer from the territory
of the third state to the territory of the receiving Contracting Party.
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5 In case the posting continues beyond the period specified in Paragraph 1 of this Article,
the legislation of the first Contracting Party referred to in that Paragraph shall
continue to apply provided that the Competent Authorities or Agencies of the Contracting
Parties agree. The procedures for that continued application shall be stated in the
Memorandum of Understanding concluded in accordance with Paragraph 1 of Article 13.
Article 7. Seafarers
[Treedt in werking per 01-09-2017]
A person employed on board a sea-going ship shall be subject to the legislation as
defined in Article 2 of the Contracting Party whose flag the ship flies.
However, where a person who ordinarily resides in the territory of one Contracting
Party is sent by an employer in the same Contracting Party to work on board a sea-going
vessel flying the flag of the other Contracting Party, the legislation of the first
Contracting Party shall apply to this person as though the person were employed in
the territory of the first Contracting Party.
This Article is without prejudice to the obligations of the ship-owner according to
the Maritime Labour Convention 2006 (MLC, 2006) as defined in the national laws and regulations of the Contracting Party
whose flag the ship flies.
Article 8. Aircraft Crew
[Treedt in werking per 01-09-2017]
A person who works as a member of the crew of an aircraft shall, with respect to that
employment, be subject only to the legislation of the Contracting Party in the territory
of which the employer’s principle place of business is located. If, however, the enterprise
has a branch or registered office in the territory of the other Contracting Party,
and such a person is employed by that branch or registered office, that person shall
be subject only to the legislation of the Contracting Party in the territory of which
the branch or registered office is located.
Article 9. Civil Servants, Members of Diplomatic Missions and Consular Posts
[Treedt in werking per 01-09-2017]
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2 Civil servants of one Contracting Party, who are sent to the territory of the other
Contracting Party, shall be subject only to the legislation of the frst Contracting
Party as if that person were working in the territory of the first Contracting Party.
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3 If under Paragraph 2, a person continues to be subject to the legislation of one Contracting
Party, that Paragraph shall also apply by analogy to the person’s spouse and children
who accompany him, unless they are employed or self-employed in the territory of the
other Contracting Party.
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4 Where a person, locally engaged, is employed in a diplomatic mission or consular post
of one Contracting Party in the territory of the other Contracting Party, the legislation
of the latter Contacting Party shall apply to that person.
Article 10. Exceptions
[Treedt in werking per 01-09-2017]
The Competent Authorities or the Competent Agencies of the two Contracting Parties
may agree to grant an exception on the application of Articles 5 to 8 and Paragraph 2, 3, 4 of Article 9, in the interest of particular persons or categories of persons, provided that the
affected persons shall be subject to the legislation of one of the Contracting Parties.
Article 11. Residence
[Treedt in werking per 01-09-2017]
A person who is subject to the legislation of the Netherlands in accordance with the
provisions of this Agreement shall, for being insured pursuant of that legislation,
be considered as residing in the territory of the Netherlands.
Article 12. Issue of Certificates
[Treedt in werking per 01-09-2017]
In the circumstances described in Articles 6 and 10 of this Agreement:
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a) Where the legislation of China is to be applied, the certificate shall be issued by
the Competent Agency of China no later than 6 months from the start of the posting
stating that the employee is subject to that legislation. The certificate shall include
information on the period for which it is valid and a copy shall be sent to the Competent
Agency of the Netherlands.
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b) Where the legislation of the Netherlands is to be applied, the certificate shall be
issued by the Competent Agency of the Netherlands and submitted to the Competent Agency
of China by the legal entity in China where the employee is posted no later than 6
months from the start of the posting stating that the employee is subject to that
legislation. The certificate shall include information on the period for which it
is valid.
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c) If the certificate is not issued or submitted within the indicated 6 months from the
start of the posting, the receiving Competent Agency may approve a later date of the
start of the posting.
Article 13. Implementing Arrangements
[Treedt in werking per 01-09-2017]
Article 14. Exchange of Information and Mutual Assistance
[Treedt in werking per 01-09-2017]
Responding to the written request, the Competent Authorities or the Competent Agencies
of the Contracting Parties shall provide each other, to the extent permitted by their
respective legislation, with any information and mutual assistance for the implementation
of this Agreement.
Article 15. Language of Communication
[Treedt in werking per 01-09-2017]
Article 16. Settlement of Disputes
[Treedt in werking per 01-09-2017]
Disputes between the Contracting Parties regarding interpretation or application of
this Agreement shall be settled through negotiation and consultation between the Competent
Authorities or Competent Agencies of the Contracting Parties. If disputes are not
resolved within a certain period of time, they shall be settled through diplomatic
channels.
Article 17. Confidentiality of Information
[Treedt in werking per 01-09-2017]
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1 The Competent Authorities or Competent Agencies of one Contracting Party shall, in
accordance with its laws and regulations, send to the Competent Authorities or Competent
Agencies of the other Contracting Party information about an individual collected
under its legislation insofar as the information is necessary for the implementation
of this Agreement.
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2 Unless otherwise required by the laws and regulations of one Contracting Party, information
about an individual which is transmitted in accordance with the provision of Paragraph
1 of this Article to that Contracting Party by the other Contracting Party shall be
used exclusively for the purpose of implementing this Agreement. Such information
received by one Contracting Party shall be governed by the laws and regulations of
that Contracting Party for the protection of confidentiality of personal data.
Article 18. Transitional Provision
[Treedt in werking per 01-09-2017]
In applying Article 6, Paragraph 1, in case of persons who have been working in the territory of one Contracting Party
prior to the date of entry into force of this Agreement, the periods of posting referred
to in that Paragraph shall be considered to begin on the date of entry into force
of this Agreement. The certificate shall be issued or submitted no later than 6 months
after the date of entry into force of this Agreement and in accordance with Article 12.
Article 19. Review
[Treedt in werking per 01-09-2017]
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2 No later than 10 years after this Agreement has entered into force, the Contracting
Parties shall jointly review, if the Agreement should be amended to ensure that the
complete social insurance coverage for persons as indicated in Article 3 of both Contracting Parties will be covered by this Agreement.
Article 20. Entry into Force
[Treedt in werking per 01-09-2017]
The Contracting Parties shall notify each other in writing, through diplomatic channels,
of the completion of their respective internal legal procedures required for the entry
into force of this Agreement. The Agreement shall enter into force on the first day
of the fourth month after the date of receiving of the last note.
Article 21. Period of Duration and Termination
[Treedt in werking per 01-09-2017]
This Agreement shall be concluded for an indefinite period of time and remain in force
and effect until the last day of the twelfth month in which written notice of its
termination is given by either Contracting Party to the other Contracting Party.