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

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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 Denmark formally signed the Social Security Agreement between the People’s Republic of China and the Kingdom of Denmark on December 9, 2013 (hereinafter referred to as Agreement). The Agreement officially entered into force on May 14, 2014. 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 in China, and the social pension and labor market supplementary pension (ATP) in Denmark.

Q: Who can be exempted from paying relevant social insurance premiums in Denmark?
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 Danish territory.
2. Employees on seafaring ships and aircraft which refer to persons employed on seafaring ships flying the Chinese flag, and persons employed on seafaring ships flying the Danish flag usually residing on Chinese territory. The persons employed by a headquarter in China and the management personnel or crew members works on an aircraft.
3. Personnel of diplomatic and consular institutions which refer to staff of Chinese diplomatic and consular offices in Denmark.
4. Persons employed by the government or public agencies, which refer to persons who are employed by the Chinese central or local government or other public agencies (which refer to state agencies, institutions and organizations that apply fiscal funds in whole or in part) and are sent to work in the Danish territory.
5. Chinese nationals who are employed on the territory of Denmark and whose employment period does not exceed 6 months or it is a training project or education project employment not exceeding 18 months.
6. Exceptions. The competent authorities or agencies of the two countries may agree to make exceptions based on the applications of specific persons or groups of people, provided that the persons involved have taken out insurance in one of the countries.

Q: Who can be exempted from paying relevant social insurance premiums in China?
A:
1. Dispatched personnel, which refer to the employer’s registered place or office is in the Danish territory, and the Danish resident temporarily sent to the Chinese territory by the employer to work for him.
2. Employees on seafaring ships and aircraft which refer to persons employed on seafaring ships flying the Danish flag, and persons employed on seafaring ships flying the Chinese flag usually residing on Danish territory. The persons employed by a headquarter in Denmark and the management personnel or crew members works on an aircraft.
3. Personnel of diplomatic and consular institutions which refer to staff of Danish diplomatic and consular offices in China.
4. Persons employed by the government or public agencies, which refer to a person who is employed by the Danish central or local government or other public agencies and is sent to work for him in the Chinese territory.
5. Family member. If a person who meets the requirements of Articles 1, 3, and 4 is exempted from paying relevant social insurance premiums in China, the family members accompanying the person will also be exempted from the obligation to pay relevant social insurance premiums in China in accordance with the applicable provisions, unless these family members themselves are employed or self-employed within Chinese territory.
6. Exceptions. The competent authorities or agencies of the two countries may agree to make exceptions based on the applications of specific persons or groups of people, provided that the persons involved have taken out insurance in one of the countries.

Q: How long could the exemption period last for the Chinese dispatched personnel from paying social insurance premiums?
A: The  maximum  period  for Chinese  dispatched personnel to be exempted from payment of social insurance for the first application is 5 years. If the dispatch period exceeds 5 years, it may be extended if agreed by the competent authorities or agencies in China and Denmark, and the exempted from payment period shall not exceeds 60 calendar months.

Q: How long could the exemption period last for the Danish dispatched personnel from paying social insurance premiums?
A: The maximum period for dispatched personnel to be exempted from payment of social insurance is 3 years.

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

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