What is the case of two fees in insurance

Notice of the General Office of the Ministry of Labor and Social Security on the Implementation of the Sino-German Social Insurance Agreement

Labor and Social Security Department [2002] No. 2

The Department of Labor and Social Security of each province, autonomous region and municipality directly under the central government (bureau):

The Social Insurance Agreement between the People's Republic of China and the Federal*** and State of Germany (hereinafter referred to as "the Agreement"), which was July 12, 2001, was formally signed by the Minister of Labor and Social Security of China and the Minister of Labor and Social Affairs of Germany. The purpose of the Agreement is to avoid the obligation to participate in social insurance under the laws of the two contracting countries on the premise of ensuring the participation in social insurance of Chinese and German personnel stationed abroad. The Agreement is the first bilateral agreement on social insurance signed between our government and foreign governments since the founding of our country, marking the beginning of the standardization, institutionalization and internationalization of China's foreign-related work on social insurance, and laying a good foundation for the signing of similar agreements with other countries in accordance with international practice and the principle of reciprocity in the new situation of accession to the WTO, which is conducive to the strengthening of China-Germany friendship and cooperation in the field of social insurance and the enhancement of China's international status and influence, as well as the safeguarding of the country's national identity. international status and influence, safeguarding the legitimate rights and interests of the State and its agencies and personnel stationed abroad, and promoting personnel exchanges and economic and trade development, it is of great political and economic significance.On February 18, 2002, the relevant agencies of the two countries signed an Administrative Agreement on the Implementation of the Provisions on the Obligation to Participate in the Social Insurance Agreement between the People's Republic of China*** and the State of China and the Federal Republic of *** and the Federal Republic of Germany. The two sides agreed that the Agreement would enter into force on April 4, 2002. In order to ensure the implementation of the Agreement, relevant issues are hereby notified as follows:

I. Relevant Specific Contents of the Agreement

(1) Scope of Application of Mutual Exemption from the Payment of Social Insurance Premiums:

Statutory old-age pension premiums, unemployment insurance (German "employment promotion") premiums (hereinafter referred to as the "two premiums"), and unemployment insurance premiums (hereinafter referred to as the "two premiums"), shall be applied. hereinafter referred to as "the two contributions").

(2) Persons exempted from paying the "two fees" in Germany:

Type I: staff of offices and liaison organizations of Chinese-funded companies, enterprises and public institutions (hereinafter referred to as "dispatched staff");

Type II: staff of subsidiaries of Chinese-funded companies, enterprises and public institutions (hereinafter referred to as "subsidiaries") in Germany;

Type III: staff of subsidiaries of Chinese-funded companies and enterprises in Germany (hereinafter referred to as "subsidiaries"). Subsidiaries of Chinese companies, enterprises and institutions in Germany (referred to as subsidiary personnel);

Third category of personnel: personnel without employers in China (referred to as personnel without employers);

Fourth category of personnel: seafarers;

Fifth category of personnel: Chinese personnel employed by the Chinese diplomatic missions in Germany and their staff (referred to as diplomatic employees).

(3) The German side shall apply the same conditions to the persons exempted from paying the "two fees" in China as the Chinese side.

(4) The period of exemption from the payment of the "two fees":

For the first time, persons in categories I to IV may apply for exemption from the payment of the "two fees" for a period of up to 60 calendar months (persons in category I are automatically exempted from the payment of the "two fees" during the first 48 calendar months of their assignment to work in Germany, but they must apply for the exemption and present a certificate from the agency handling the application). The exemption will be granted on the basis of a certificate issued by the processing agency. The total period of exemption may be extended, subject to authorization, to 96 calendar months if the work requires it. In exceptional cases, a final waiver may be granted upon approval.

The fifth category of personnel shall be exempted for an unlimited period of time upon application by both parties of employment.

(5) Competent authorities, liaison agencies and handling agencies:

1. Competent authorities: Ministry of Labor and Social Security on the Chinese side; Federal Ministry of Labor and Social Affairs on the German side.

2. Liaison offices: on the Chinese side, the Department of International Cooperation of the Ministry of Labor and Social Security; on the German side, the International Liaison Office of Health Insurance.

3. The Chinese side is the Social Insurance Administration Center of the Ministry of Labor and Social Security (hereinafter referred to as the Social Insurance Center of the Ministry); the German side is the medical insurance agency responsible for collecting pension insurance premiums and the Federal Employee Insurance Office (Berlin).

Persons eligible for exemption from payment of the "two fees" are issued a "Certificate under the Sino-German Social Insurance Agreement" (hereinafter referred to as the "Certificate", the style is attached) by the agency, which the applicant presents to the collection agency.

II. Procedures for Chinese personnel in Germany to apply for the Certificate of Exemption from Payment of Two Fees

Persons who have participated in the basic pension insurance and unemployment insurance in China in accordance with the regulations and have paid the premiums in full and on time can apply for the Certificate of Exemption from Payment of Two Fees in Germany in accordance with the following procedures:

The Certificate of Exemption from Payment of Two Fees in Germany shall be issued by the agency. "

(1) The applicant shall fill in the Application Form for Certificate issued under the Sino-German Social Insurance Agreement (hereinafter referred to as the Application Form, style attached) and affix the seal of his/her organization. The Application Form can be obtained from the Ministry of Social Security Center or downloaded from the Ministry of Social Security Center web site, website: www. molss. gov. cn (click on the "directly under the unit", and then click on the "Social Insurance Business Management Center").

(2) The applicant or the agent with the completed Application Form (in triplicate) goes to the social insurance agency in the place where the applicant is insured for examination; the agency stamps the seal after examining the situation of the insured person for correctness. If the agencies responsible for pension insurance and unemployment insurance are separate, they shall verify and stamp the application form separately, and each shall keep a copy of the Application Form for record.

(3) The applicant or agent shall send the stamped Application Form to the Ministry's Social Security Center.

(d) For first-time applicants of categories I and II, the Ministry's Social Security Center notifies the applicant and sends the Certificate to the applicant within five working days of receipt of the Application Form, and the applicant shall be promptly notified of the failure to issue the Certificate and the reasons therefor.

(5) For the third category of first-time applicants and those who apply for an extension of the exemption period, the Social Security Center of the Ministry shall, after receiving the Application Form for examination and approval, report the results of the examination and approval to the Department of International Cooperation of the Ministry; the Department of International Cooperation of the Ministry shall inform the International Liaison Office of the German Health Insurance after reviewing and approving the application form. After receiving the decision notification from the International Liaison Office of German Health Insurance, the Department of International Cooperation of the Ministry will arrange for the Ministry's Social Security Center to notify the applicant of the result and issue the Certificate as appropriate.

(6) For the fourth category of applicants, depending on their situation, they will be handled separately according to the application procedures for dispatched personnel, subsidiary personnel, and non-employer personnel respectively.

(vii) If a staff member in Germany goes back to work in Germany again more than 6 months after his/her return to his/her home country, he/she is required to follow the procedure of applying for extension of the exemption period in Article (v) and to re-apply for the relevant exemption from payment of contributions.

(viii) When filling out the Application Form, the personnel sent from the institutions which have not yet participated in the local basic pension insurance shall only affix the seal of the institution responsible for the unemployment insurance, but the certificate of registration of the legal person of the institution (a copy of which) shall be attached to the Application Form when it is sent out.

Third, the German side in China personnel exemption from the "two fees" management

(1) within 30 days after the entry into force of the Agreement, the German side in China staff should be to the work of the local social insurance collection agency issued by the German side of the designated agency certificate, the collection agency may be exempted from the collection of social insurance premiums.

(2) For those German staff members in China who cannot produce the Certificate, the collecting organizations shall collect basic pension insurance premiums and unemployment insurance premiums in accordance with the Provisional Regulations on the Collection of Social Insurance Premiums of the State Council and the provisions of the Agreement.

The above provisions shall be enforced from the date of entry into force of the Agreement. Labor and social security departments at all levels should attach great importance to this work, and social insurance agencies should handle the relevant procedures for applications in a timely manner in accordance with the principles of truthfulness and convenience, and should be conscientious and responsible when reviewing the applications to prevent arrears of contributions from occurring. If localities find any problems in the implementation of the Agreement, please report to the Ministry in a timely manner.

Attachments:

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

2. Administrative Agreement on the Implementation of the Obligations to Enroll in Social Insurance under the Social Insurance Agreement between the People's Republic of China and the Federal Republic of Germany

3. Application Form for the Certificate issued under the Sino-German Social Insurance Agreement (Omitted)

4. Certificate (1--4) issued under the Sino-German Social Insurance Agreement (omitted)

March 22, 2002

Attachment 1 Social Insurance Agreement between the People's Republic of China and the Federal Republic of Germany

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

The People's Republic of China and the Federal Republic of Germany*** and the Federal Republic of Germany for the purpose of strengthening cooperation in the field of social security, and for the benefit of employees in the field of social security in the Contracting Parties. cooperation in the field of social security and to facilitate the work of employees in the territory of the other Contracting State, and in particular to avoid the simultaneous obligation of employees to be insured under the laws of the two Contracting States, the representatives of the governments of the two Contracting States, after consultation, have agreed as follows:

Article I Definitions

I. Within this Agreement:

(1) The term "legal requirements The term "

in the People's Republic of China*** and the State means the laws, regulations, statutes and other normative acts relating to the social insurance system included in the scope of application of this Agreement (Article II, item 1);

in the Federal Republic of Germany*** and the State means the laws relating to the social insurance system included in the scope of application of this Agreement (Article II, item 2), (ii) the term "competent authority" means, in the People's Republic of China, the Ministry of Labour and Social Security and, in the Federal Republic of Germany, the Federal Ministry of Labour and Social Affairs; and >(c) the term "agency"

in the People's Republic of China, the Centre for Social Security Administration of the Ministry of Labour and Social Security or another agency designated by the Ministry:

in the Federal Republic of Germany, the insurance agency responsible for the implementation of the provisions of the law referred to in Article 2, paragraph 2;

II. Other terms have the meanings given to them in the legal provisions applicable in each Contracting State.

Article II Scope of Application

The following legal provisions shall apply to this Agreement:

(i) In the People's Republic of China*** and the State of:

Statutory old-age insurance,

Unemployment insurance.

(ii) In the Bundesverband*** and the State:

statutory pension insurance,

employment promotion.

Article 3 Employee's Obligation to Participate

Unless otherwise provided for in this Agreement, the employee's obligation to participate is determined in accordance with the provisions of the law of the Contracting State in the territory of which the employee is employed; this also applies to the employer when he is in the territory of the other Contracting State.

Article 4 Obligation to Participate on Assignment

Where an employee employed in a Contracting State is assigned by the Employer to work for the Employer in the territory of another Contracting State in accordance with the employment relationship, the legal provisions of the first-mentioned Contracting State concerning the obligation to participate shall continue to apply for the first forty-eight calendar months of the employment only as if the employee were still employed in the territory of that Contracting State.

Article 5 Obligation of insurance on board seagoing ships

The obligation of insurance of persons employed on board seagoing ships flying the flag of any Contracting State shall be governed by the provisions of the law of that Contracting State. However, if an employee who is ordinarily resident in the territory of one Contracting State is temporarily assigned to work on board a seagoing vessel whose flag is that of another Contracting State, the obligation to participate in the insurance of such employee shall be governed by the law of the Contracting State first-mentioned as if the employee had been employed in the territory of that Contracting State.

Article 6 Obligation to insure other persons

The provisions of Articles 3 to 5 and of Article 8 concerning the obligation to insure shall apply accordingly to other persons covered by the provisions of the law included in the scope of application of this Agreement (Article 2).

Article VII: Obligation to insure persons employed in diplomatic missions

This Agreement does not affect persons covered by the Vienna Convention on Diplomatic Relations of April 18, 1961, or the Vienna Convention on Consular Relations of April 24, 1963, which are not covered by this Agreement.

Exceptions to the provisions of Article VIII concerning the obligation to participate

With regard to the obligation to participate, if, in accordance with the provisions of Articles III to V and of Article VII, the provisions of the law of a Contracting State relating to the obligation to participate are applicable to an employee or, in accordance with the provisions of Article VI, to any other person, the competent authority of that Contracting State, or the body designated by it, may, on the basis of the application of the employee and of the employer*** or of the application of other persons, waive the obligation to participate in respect of such employee. other person, on the application of the employee and the employer, provided that the employee or the other person is subject to the provisions of the law of the other Contracting State relating to the obligation to participate. Before deciding on the exemption, the competent authority of the other Contracting State or a body designated by it shall have the opportunity to declare whether the employee or the other person is subject to the provisions of the law of the other Contracting State relating to the obligation to participate. In making this decision, account must be taken of the nature and circumstances of his work. The foregoing provisions shall apply in particular to an employee of an enterprise of a Contracting State who is temporarily employed by an investment enterprise of that enterprise in another Contracting State and who is remunerated for his work during that period by the investment enterprise.

Article 9 Issuance of Certificates

1. In the cases referred to in Articles 4 to 6 and 8, the competent authority of the Contracting State whose legal provisions are to be applied shall, on application, issue a certificate relating to the employment relationship and stating that the employee is subject to the provisions of its law. In the cases referred to in articles 4 and 8, this certificate must indicate the period of validity.

II. If the provisions of German law apply, the certificate is issued by the health insurance office which collects the pension insurance contributions or, in the absence of such an office, by the Federal Employees' Insurance Office (Berlin).

Thirdly, if Chinese law applies, the certificate shall be issued by the Social Insurance Business Administration Center of the Ministry of Labor and Social Security or other institutions designated by the Ministry.

Article X Administrative Assistance

In the implementation of this Agreement, the organs of the Contracting States referred to in this Agreement and the agencies of the two Contracting States shall render assistance to each other as if they were enforcing the provisions of their own laws. Such assistance shall be provided free of charge.

Article XI - Languages of Communication and Accreditation

I. In the application of this Agreement, the organs of the Contracting Parties and the agencies of the two Contracting Parties referred to in this Agreement may communicate directly with each other in their official languages.

II. Documents, in particular applications and certificates, shall not be rejected on the ground that they are drawn up in the official language of the other Contracting State.

Thirdly, documents, in particular certificates, required to be furnished for the application of this Agreement shall not be subject to authentication or other similar formalities.

Article XII Data Protection

In the event of a transmission of personal data under this Agreement, the following provisions shall apply, taking into account the applicable legal provisions of the Contracting Parties:

(1) For the purpose of the implementation of this Agreement, it is permissible to make the data available to the relevant organs or agencies of the receiving State. The data may be processed and used for this purpose by the organs or agencies of the receiving State. In the case of social security purposes, it is permitted, to the extent permitted by the law of the receiving country, to transfer the data received to other agencies of the receiving country or to use them in the receiving country. In all other cases, the transfer of data to other institutions is permitted only with the prior consent of the data-providing authority or the operating agency.

(ii) Upon request, the data-providing or handling agency shall be informed, on a case-by-case basis, of the use of the transmitted data and the results obtained therefrom. Receipt

(iii) The data-providing authority or agency shall be obliged to take into account the correctness of the data provided, as well as the necessity and proportionality of the transmission for the purpose for which the data were transmitted. In this case, the provisions of the domestic laws and legal provisions of the Parties concerning the prohibition of the transmission of personal data shall be respected. If it is found that incorrect data have been provided or that the provision of such data is not permitted under the domestic laws and legal provisions of the providing country, the receiving party must be notified of this immediately. The receiving party is obliged to correct or destroy the data in question.

(iv) Upon request, the person concerned must be informed of the data provided concerning him and the intended purpose of use. In other cases, the right of the person concerned to be informed of the data concerning him shall be based on the domestic law and the legal provisions of the Contracting State in which the organ or agency responding to the inquiry is located.

(v) Data relating to individuals which are transmitted shall be destroyed as soon as they are no longer necessary for the purpose for which they were originally transmitted and there is no reason to presume that their destruction would affect the person's protected interest in social security. (vi) The data are obliged to keep a record of the provision and receipt of data concerning individuals.

(vii) Both the data providing and receiving authorities or agencies are obliged to give effective protection to the transmitted data concerning individuals in order to prevent unauthorized access, alteration and disclosure.

Article XIII Implementing Agreements

I. The two Governments or the competent authorities may agree on such agreements as may be necessary for the implementation of this Agreement. The competent authorities shall inform each other of changes and additions to the provisions of their respective laws currently in force within the scope of application of this Agreement (Article II).

II. For the purpose of the implementation of this Agreement, the following liaison offices shall be established:

(i) In the People's Republic of China:

Department of International Cooperation, Ministry of Labor and Social Security, Beijing;

(ii) In the Federal Republic of Germany:

International Liaison Office for German Health Insurance, Bonn.

Thirdly, the Liaison Office may agree, within its competence and with the participation of the competent authorities, on administrative measures necessary and appropriate for the implementation of this Agreement. The provisions of paragraph 1 of this Article shall not, however, be affected.

Article XIV Settlement of Disputes

Disputes between the two Contracting Parties concerning the interpretation or application of this Agreement and the Protocol shall be settled through diplomatic channels and, if necessary, through an ad hoc joint commission to be established by mutual agreement.

Article XV Protocols

The annexed Protocols are an integral part of this Agreement.

Article XVI Entry into Force

This Agreement shall enter into force on the thirtieth day after the date on which the Contracting Parties have mutually notified each other of the completion of the domestic procedures required for its entry into force. The date of mutual notification shall mean the date of receipt of the final notification.

Article XVII Duration of the Agreement

This Agreement shall remain in force indefinitely. It may be terminated at the end of the year by either of the contracting States by giving three months' written notice through the diplomatic channel.

This Agreement was signed at Beijing on July 12, 2001, in two copies, each in the Chinese, German and English languages, the three texts being equally authentic. In case of interpretation of the Chinese and German texts

Representative of the People's Republic of China

Representative of the Federal Republic of Germany

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

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

The Plenipotentiary Representatives of the Contracting Parties declare that they agree as follows The Plenipotentiaries of the two Contracting Parties declare that they have agreed as follows:

I. With regard to Article IV of the Agreement:

For persons already employed on the date of the entry into force of the Agreement, the stipulated period shall begin on that date.

II. With regard to Article VIII of the Agreement:

In the application of Article VIII of this Agreement, if a party is under the jurisdiction of a Contracting State under its law, that party shall be deemed to have been employed or worked in that Contracting State at the place where he was last employed or worked; and any other arrangements made as a result of the previous application of Article IV of this Agreement shall continue to apply. If the person concerned has not previously been employed or worked in the territory of that Contracting State, he shall be deemed to have been employed or worked in the place where the competent authorities of that Contracting State are located.

Thirdly, with regard to Articles VIII and XVI of the Agreement:

If no final notification of payment of outstanding premiums has been issued at the time of the signing of the Agreement, Article VIII of the Agreement shall also apply to employees and employers or to persons covered by Article VI of the Agreement in accordance with the provisions of their respective domestic laws, pending the entry into force of the Agreement. If the Agreement enters into force within a reasonable time after its signature, the competent Office may set aside the issuance of the notification of payment of contributions from the date of signature of the Agreement.

Annex 2Administrative agreement on the implementation of the provisions of the obligation to participate in the social insurance agreement between the People's Republic of China and the Federal Republic of Germany

According to the social insurance agreement between the People's Republic of China and the Federal Republic of Germany (hereinafter referred to as the "Agreement") In accordance with Article 13, paragraph 3, of the Agreement between the People's Republic of China and the Federal Republic of Germany (hereinafter referred to as the "Agreement"), and for the purpose of implementing Article 8 of the Agreement, the Department of International Cooperation of the Ministry of Labor and Social Security of the People's Republic of China, Beijing, which has been designated as the Liaison Office in the Agreement, and the International Contact Office of the Deutsche Verkehrsversicherungsanstalt (DVKA, Bonn), have reached an agreement as follows:

Article I. DEFINITIONS

The present Agreement uses the words and phrases used and the meaning of which is determined in the Agreement.

Article II Duration of Exceptions to the Provisions of Article VIII of the Agreement

I. The period during which an exemption from the provisions of the law which must be applied in accordance with Articles III to VI of the Agreement may be granted for the first time shall be sixty (60) calendar months from the commencement of the temporary stay in one of the Contracting States of the Party which intends to be exempted from the provisions of the law of that Contracting State.

II. Taking into account the nature and circumstances of the work, the period of exemption may be extended to a total of 96 calendar months.

III. In exceptional cases, the period of exemption may be extended beyond 96 calendar months for a final period of exemption.

IV. No waiver shall be granted if the person concerned expects to reside without a term limit in the Contracting State that is to be exempted from the provisions of the law applicable to him or her. The same applies to an application for an extension.

V. In the case of persons who, on the date of entry into force of the Agreement, are already working with a limitation of tenure in another Contracting State, the periods referred to in paragraphs 1 to 3 of this Article shall begin on that date. In the case of exemption from authorization under article 3 of the Protocol to the Agreement, the period prior to the entry into force of the Agreement shall not be counted as part of the period referred to in paragraphs 1 to 3 of this article.

VI. Citizens of a Contracting State who work in the territory of another Contracting State in the employ of the diplomatic or consular service of that State, or of a member of the staff of one of the two aforesaid services, may be exempted from the provisions of the law of the other Contracting State for the duration of the period of their work, following an application by the employee and the employer for ****consensual exemption from the provisions of paragraph 4 of this Article.

Article III Procedure for Application for Exceptions to the Provisions of Article VIII of the Agreement

I. An application by the employee and the employer for ****embodiment, or an application by a person referred to in Article VI of the Agreement, shall be filed in time for the commencement of the period of exemption applied for.

II. Exemptions from the provisions of German law:

Applications shall be submitted to the Social Insurance Business Administration Center of the Ministry of Labor and Social Security of China. The Center will examine the application, taking into account in particular the nature and circumstances of the work, and report the results of the examination to the Department of International Cooperation of the Ministry of Labor and Social Security of China. If the Department considers that the conditions for exemption from the application of the German law on the obligation to participate are met, it requests the International Liaison Office for German Health Insurance to grant the exemption. The Office informs the Department of International Cooperation of the Chinese Ministry of Labor and Social Security of its decision. The Department of International Cooperation of the Ministry of Labor and Social Security of China arranges for the Social Insurance Administration Center to notify the applicant of the result and, if appropriate, to issue the certificate provided for in article 9 of the Agreement.

III. Exemption from Chinese legal provisions

Applications should be submitted to the International Liaison Office for German Health Insurance. The Office examines the application, taking into account in particular the nature and circumstances of the work. If the Office considers that the conditions for exemption from the Chinese legal provisions on the obligation to participate are met, it requests the Department of International Cooperation of the Ministry of Labor and Social Security of China to grant the exemption. The Department of International Cooperation of the Chinese Ministry of Labor and Social Security informs the German Health Insurance International Contact Office of its decision. The German Health Insurance International Liaison Office informs the applicant of the result and arranges, where appropriate, for the issuance of the certificate provided for in Article 9 of the Agreement.

Article 4 Exemptions from the provisions of Article 8 of the Agreement

1. In order to expedite and simplify the procedure, the Department of International Cooperation of the Ministry of Labor and Social Security of China and the International Liaison Office of German Health Insurance agree to exempt in advance from the application of the legal provisions of their respective countries concerning the obligation to participate in the insurance scheme, the prerequisites for which are

(1) In the case of a dispatch:

1. In the other Contracting State The duration of the temporary work exceeds 48 calendar months and is not expected to exceed a total of 60 calendar months,

and

2. An application for exemption from the application of the legal provisions on the obligation to participate in the insurance of the Contracting State to which the employee has been dispatched is filed by the employee and the employer within 50 calendar months after the dispatch,

2.

(ii) In the cases referred to in the fourth sentence of Article 8 of the Agreement:

1. The employee is subject to labor law (e.g., through a temporary suspension of the labor relationship) by the enterprise established in the other Contracting State,

2. The enterprise established in the other Contracting State is obliged to assume locally the obligation to declare and contribute under the law on social insurance.

3. temporary employment in an investment enterprise of a Contracting State and actual work in that Contracting State during the period of employment, where the duration of the temporary work is expected to be no longer than 60 calendar months, and

4. exemption from the provisions of the law of the Contracting State applying to the obligation to participate in the insurance of the Contracting State in which the employee is temporarily employed, filed by both the employee and the employer within 6 calendar months after the commencement of the temporary work in the Contracting State ****. with the application.

II. The appointing authority of the Contracting State in which the work is actually performed will be immediately informed of the exemption by the appointing authority of the other Contracting State. The designated authorities are the Department of International Cooperation of the Ministry of Labor and Social Security of China and the International Liaison Office of German Health Insurance.

Thirdly, if an employee is re-assigned for more than 48 calendar months after his return to his home country (Article 4 of the Agreement), or if he re-applies for the continuation of the legal provisions of the country of assignment in the case referred to in the fourth sentence of Article 8 of the Agreement, he has to consult with the appointing authority of the country in which he has been employed; the simple procedure of the first paragraph of the present Article shall not be applied.

Article 5 Certification

The form attached to this Administrative Agreement shall be used as a certification that the relevant provisions of the law are applicable. Changes to the form shall not affect the validity of this Administrative Agreement.

Article VI - Entry into Force

This Administrative Agreement shall enter into force at the time of its entry into force.

Article VII Term of Agreement

This Administrative Agreement shall be in effect indefinitely. It may be supplemented or changed at any time by mutual consent. Either party may terminate this Administrative Agreement at the end of the year by giving three months' written notice.

This Administrative Agreement is made in two copies, each in the Chinese and German languages, both texts being equally authentic.

Beijing, February 10, 2002

Bonn, February 18, 2002

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