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

Answer
To effectively solve the problem of double payment of social insurance premiums for personnel working in each other’s country, China and Spain formally signed the Social Security Agreement between the People’s Republic of China and the Kingdom of Spain on May 19, 2017 (hereinafter referred to as Agreement). The Agreement officially entered into force on March 20, 2018. 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 contribution-type pensions applicable to employees in the social security system, which excludes employment injury insurance and occupational disease insurance; employees’ unemployment insurance contributions and benefits in Spain.

Q:
Who can be exempted from paying relevant social insurance premiums in Spain?
A:
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 Spain territory according to the employment relationship.
Employees on seafaring ships which refer to persons employed on seafaring ships flying the Chinese flag, and persons employed on seafaring ships flying the Spanish flag usually residing in Chinese territory.
Employees on the aircraft, which refer to persons employed by a headquarter in China and the management personnel or crew members works on an aircraft.
Personnel and civil servants 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 of the Chinese Government and persons employed by other Chinese public institutions engaged in official activities on Spanish territory.
Exception. The competent authorities or agencies in China and Spain may agree to make exceptions to Articles 6 to 9 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 Spain.

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

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 72 calendar months. If the dispatch period exceeds 72 calendar months, it may be extended if agreed by the competent authorities or agencies in China and Spain.

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

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