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

Answer
To effectively solve the problem of double payment of social insurance premiums for personnel working in each other’s country, China and Serbia formally signed the Social Security Agreement between the People’s Republic of China and the Republic of Serbia on June 8, 2018 (hereinafter referred to as Agreement). The Agreement officially entered into force on February 1, 2021. 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 and disabled insurance, unemployment insurance in Serbia.

Q:
Who can be exempted from paying relevant social insurance premiums in Serbia?
A:
1. Dispatch 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 Serbia territory according to the employment relationship.
2. Employees on the aircraft, which refer to persons employed by a headquarter within Chinese territory and the management personnel or crew members works on an aircraft.
3. Personnel of diplomatic and consular institutions, which refer to the relevant personnel defined in the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations.
4. Civil servants and personnel of treated equally, which refer to civil servants dispatched by China to work in Serbia territory and those who are treated equally in accordance with Chinese laws.
5. Exception. The competent authorities or agencies in China and Serbia may agree to make exceptions to Articles 6, 7, 8 and 10 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 Serbia.

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

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 60 calendar months. If the dispatch period exceeds 60 calendar months, it may be extended for another 24 calendar months if agreed by the competent authorities or agencies in China and Serbia.

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

Q:
Can Serbians apply for exemption from paying relevant social insurance premiums in China if they cannot provide Certificate of Application of Laws?
A:
No. For Serbians who cannot submit the Certificate of Application of Laws 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 Serbians working in China?
A:
No. In addition to the staff basic pension insurance and unemployment insurance as stipulated in the Agreement, Serbians in China should participate in other types of social insurance in China in accordance with relevant regulations.

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