Law Approving The Convention On Social Security Between The Kingdom Of Belgium And The Republic Of The India, Signed At New Delhi On November 3, 2006 (1) (2)

Original Language Title: Loi portant assentiment à la Convention sur la sécurité sociale entre le Royaume de Belgique et la République de l'Inde, signée à New Delhi le 3 novembre 2006 (1) (2)

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Posted the: 2009-08-21 Numac: 2009015030 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 12 February 2009. -Law approving the Convention on social security between the Kingdom of Belgium and the Republic of India, signed at New Delhi on November 3, 2006 (1) (2) ALBERT II, King of the Belgians, has all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Convention on social security between the Kingdom of Belgium and the Republic of the India, signed at New Delhi on November 3, 2006, will release its full and complete effect.
S. 3. the amendments to the provisions of articles 7 to 9 of the Convention, article 10 of the Convention, will release their full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, February 12, 2009.
ALBERT by the King: Foreign Minister K. DE GUCHT the Minister of Social Affairs, Ms. L. ONKELINX the Minister of independent, Ms. S. LARUELLE the Minister of Pensions, Ms. M.
ARENA sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Notes (1) Session 2007-2008.
Senate.
Documents. -Bill filed on August 4, 2008, no. 4 - 894/1.

Session 2008-2009.
Senate.
Report, no. 4-894/2.
Parliamentary Annals.
-Discussion and vote: meeting of November 6, 2008.
House of representatives.
Documents.
-Draft transmitted by the Senate, no. 52-1570/1. -Text adopted in plenary and subject to Royal assent, session No. 52-1570/2.
Parliamentary Annals. -Discussion and vote: meeting of November 27, 2008.
(2) pursuant to article 29 this Convention enters into force on September 1, 2009.

Agreement on Social Security between the Kingdom of Belgium and the Republic of India THE KINGDOM OF BELGIUM AND THE REPUBLIC OF INDIA, wishing to arrange the mutual relations between the two countries in the field of social security, decided to conclude an Agreement for this purpose and agreed as follows: PART I. - GENERAL PROVISIONS Article 1 Definitions 1. For the implementation of this Agreement: a) The term "Belgium" means: the Kingdom of Belgium;
the term "India" means: the Republic of India.
b) The term '' national '' means: as regards Belgium: a person of Belgian nationality;
as regards India: a person of Indian nationality.
c) The term 'legislation' means: the laws specified in Article 2 or any rules, regulations, schemes, orders or notifications framed thereunder.
(d) The term "authority" means: as regards Belgium: the Ministers, each to the extent that he is responsible for the implementation of the legislation specified in paragraph 1 a) of Article 2;
as regards India: the Ministers, each to the extent that he is responsible for the implementation of the legislation specified in paragraph 1 (b)) of Article 2.
(e) The term "agency" means: as regards Belgium: the institution, the organization or the authority responsible in full or in part for the implementation of the legislation specified in paragraph 1 a) of Article 2;
as regards India: the institution, the organization or the authority responsible in full or in part for the implementation of the legislation specified in paragraph 1 (b)) of Article 2.
f) The term "insurance period" means: any period of contributions recognized as such in the law under which that period was completed, as well as any period recognized as equivalent to a period of contributions under that legislation.
g) The term "benefit" means: any pension or benefit in cash, including any supplements or increases applicable under the legislation specified in Article 2.
h) The term "family members" means: any person defined or recognized as a family member or designated as a member of the household by the legislation of Belgium and India respectively.
i) The term 'residence' means: habitual residence.
2. Any term not defined in paragraph 1 of this Article shall have the meaning assigned to it in the applicable legislation.
Article 2 Legislative Scope 1. This Agreement shall apply: has) as regards Belgium, to the legislation concerning: (i) old - age and survivors' pension for employed persons and self-employed persons;
(ii) the invalidity insurance for employed persons, sailors of the merchant marine and self-employed persons;
and, as regards Part II only, to the legislation concerning: (iii) the social security for self-employed persons;
(b) as regards India, to all legislation concerning: (i) old - age and survivors' pension for employed persons;
(ii) the Permanent Total Disability pension for employed persons;
and, as regards Part II only, to the legislation concerning: (iii) the social security for self-employed persons;
2 This Agreement shall also apply to all legislation which will amend or extend the legislation specified in paragraph 1 of this Article.
It shall apply to any legislation which will extend the existing schemes to new categories of beneficiaries, unless, in this respect, the Contracting State which has amended its legislation notified within six months of the official publication of the said law the other Contracting State of its objections to the inclusion of such new categories of beneficiaries.
This Agreement shall not apply to laws that establish a new social security branch, unless the competent authorities of the Contracting States agree on this application.
Article 3 Personal Scope Unless otherwise specified, this Agreement shall apply to all persons who are or have been subject to the legislation of either of the Contracting States, and other persons who derives rights from such person.
Article 4 Equality of Treatment Unless otherwise provided in this Agreement, the persons specified in Article 3, who ordinarily resides in the territory of a Contracting State, shall receive equal treatment with nationals of that Contracting State in the application of the legislation of that Contracting State.
Article 5 Export of Benefits 1. Unless otherwise specified in this Agreement, a Contracting State shall not reduce or modify benefits acquired under its legislation solely on the ground that the beneficiary stays or resides in the territory of the other Contracting State.
2. The old age and survivors' benefits due by virtue of the Belgian legislation are paid to the Indian nationals residing in the territory of a third State, under the same conditions as if they were Belgian nationals residing in the territory of such third State.
3. The old - age, survivor's and disability benefits due by virtue of the Indian legislation, are paid to the Belgian nationals residing in the territory of a third State, under the same conditions as if they were Indian nationals residing in the territory of such third State.
Article 6 Reduction or Suspension Clauses The reduction or suspension clauses provided for in the legislation of one Contracting State, in case one benefit conincides with other social security benefits or with other professional incomes, shall be applied to the beneficiaries, even if these benefits were acquired by virtue of a scheme of the other Contracting State, or if the related professional activities are exercised in the territory of the other Contracting State.
However, this provision shall not apply when benefits of the same nature coincide.
PART II. (- PROVISIONS CONCERNING THE APPLICABLE LEGISLATION Article 7 General Provisions Subject to Articles 8 to 10, the applicable law is determined according to the following provisions: a) unless otherwise provided in this Agreement, a person who works as an employee in the territory of a Contracting State shall, with respect to that employment, be subject only to the legislation of that Contracting State;
(b) persons who are members of the travelling or flying personnel of an enterprise which, for hire or reward gold on its own account, operates international transport services for passengers or goods and has its registered office in the territory of a Contracting State shall be subject to the legislation of that Contracting State;
c) a person who works as an employee on board a ship that flies the flag of a Contracting State, shall be subject to the legislation of the State in which he has his residence.
Article 8 Special Provisions 1. An employed person who, being in the service of year use with an office on which he normally depends in the territory of one of the Contracting States and paying contributions under the legislation of that Contracting State, is posted by that use in the territory of the other Contracting State to work on its account, shall remain subject to the legislation of the former Contracting State and continues to pay contributions under the legislation of this Contracting State , as if he continued to be employed in his territory on the condition that the foreseeable duration of his work does not exceed 60 months. The family members who accompany the self-employed person will be subject to the legislation of that form Contracting State unless they exercise professional activities.
2 if the detachment referred to in paragraph 1 of this Article continues beyond 60 months, the competent authorities of the two Contracting States or the competent agencies designated by those competent authorities may agree that the employee remains subject only to the legislation of the first Contracting State.
3. Paragraph 1 of this Article shall apply where a person who has been sent by his use from the territory of one Contracting State to the territory of a third country is subsequently sent by that use from the territory of the third country to the territory of the other Contracting State.

Article 9 Civil Servants, Members of Diplomatic Missions and Consular Posts 1. Civil servants and equivalent staff are subject to the legislation of the Contracting State whose administration employees them. These persons, as well as their family members are, for this purpose, considered to be residing in that Contracting State, even if they are in the territory of the other Contracting State.
2 This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or the Vienna Convention on Consular Relations of April 24, 1963.
Article 10 amendment Provision In the interest of certain insured persons or certain categories of insured persons, the competent authorities can, by mutual agreement, specify changes to the provisions of Articles 7 to 9 provided that the affected persons shall be subject to the legislation of one of the Contracting States.
PART III. -PROVISIONS CONCERNING BENEFITS CHAPTER 1. -Provisions concerning Belgian Benefits Section 1. -Old - age and Survivors' Benefits Article 11 1.
Notwithstanding the provisions of paragraph 2, for the acquisition, retention or recovery of the right to old - age or survivors' benefits, the insurance periods completed pursuant to the Indian legislation concerning old - age or survivors' benefits are totalized, when necessary and to the extent that they do not overlap with the insurance periods completed pursuant to the Belgian law.
2 if the Belgian law subordinates the granting of certain old - age or survivors' benefits to the condition that the insurance periods are to be completed in a given occupation, only insurance periods completed or recognized as equivalent in the same occupation in India shall be totalized for admission to entitlement to these benefits.
3 if the Belgian law subordinates the granting of certain old - age or survivors' benefits to the condition that the insurance periods are to be completed in a given occupation, and when these periods did not result in entitlement to the said benefits, the said periods shall be considered valid for the determination of the old - age or survivors' benefits provided for in the general scheme of self-employed persons.
Article 12 1. If a person is entitled to an old - age or survivors' benefit under the Belgian legislation without necessarily proceeding to totalization, the Belgian agency shall calculate the benefit entitlement directly on the basis of the insurance periods completed in Belgium and only under the Belgian legislation.
That agency shall also calculate the amount of the old - age or survivors' benefit that would be obtained by applying the rules specified in paragraph 2 a) and b). Only the higher of these two amounts shall be taken into consideration.
2. if a person is entitled to an old - age or survivors' benefit by virtue of the Belgian legislation, with his right being created solely by taking the totalization of the insurance periods into account pursuant to Article 11, the following rules apply: a) the Belgian agency shall calculate the theoretical amount of the benefit due as if all the insurance periods completed according to the two Contracting States' laws were exclusively completed under the Belgian legislation.
((b) the Belgian agency shall then calculate the amount due on the basis of the amount specified under has), in proportion to the duration of the insurance periods under its legislation, in relation to the duration of all insurance periods accounted under a).
Section 2. -Invalidity Insurance Article 13 For the acquisition, retention or recovery of the right to invalidity benefits, the provisions of Article 11 shall apply by analogy.
Article 14 1. If the right to Belgian invalidity benefits is created solely by totalization of the Belgian and Indian insurance periods completed in accordance with Article 13, the amount of the benefit due is determined according to the procedure determined by Article 12, paragraph 2.
2. if the right to the Belgian invalidity benefits is opened without recourse to the provisions of Article 13, and if the amount resulting from the sum of the Indian disability benefit and of the Belgian benefit calculated in accordance with paragraph 1 of this Article is lower than the amount of the benefit due solely on the basis of the Belgian legislation , the Belgian competent agency will grant a supplement equal to the difference between the total amount of these two benefits and the amount due solely according to the Belgian legislation.
Article 15 The beneficiary of an invalidity benefit under the Belgian legislation is still entitled to this benefit during a stay in the other Contracting State when that stay has first been authorized by the Belgian competent agency.
That authorization can, however, only be refused if the stay takes place in the period during which, by virtue of the Belgian legislation, the Belgian competent agency must estimate or revise the state of invalidity.
CHAPTER 2. -Provisions concerning Indian Old - age, Survivors' and Disability Benefits Article 16 1. Notwithstanding the provisions for the acquisition, retention or recovery of the right to old - age, survivors' and disability benefits, the insurance periods completed pursuant to the Belgian legislation concerning such benefits are totalized, when necessary and to the extent that they do not overlap with the insurance periods completed pursuant to the Indian legislation.
2 if the Indian law subordinates the granting of certain old - age, survivors' and disability benefits to the condition that the insurance periods are to be completed in a given occupation, only insurance periods completed or recognized as equivalent in the same occupation in Belgium shall be totalized for admission to entitlement to these benefits.
3 if the Indian law subordinates the granting of certain benefits to the condition that the insurance periods are to be completed in a given occupation, and when these periods did not result in entitlement to the said benefits, the said periods shall be considered valid for the determination of the benefits provided for in the general scheme of self-employed persons.
Article 17 1. If a person is entitled to an old - age, survivors' or disability benefit under the Indian legislation without necessarily proceeding to totalization, the Indian agency shall calculate the benefit entitlement directly on the basis of the insurance periods completed in India and only under the Indian law.
2. if a person is entitled to an old - age, survivors' or disability benefit by virtue of the Indian legislation, with his right being created solely by taking the totalization of the insurance periods into account pursuant to Article 16, the following rules apply: a) the Indian agency shall calculate the theoretical amount of the benefit due as if all the insurance periods completed according to the two Contracting States' laws were exclusively completed under the Indian law;
((b) the Indian agency shall then calculate the amount due on the basis of the amount specified under has), in proportion to the duration of the insurance periods under its legislation, in relation to the duration of all insurance periods accounted under a).
CHAPTER 3. -Common Provisions Article 18 1. If, because of the rising cost of living, the variation of the wage levels or other adjustment clauses, the old - age, survivors', invalidity or disability benefits of either Contracting State are changed with a given percentage or amount, that percentage or amount should be directly applied to the old - age, survivors', invalidity or disability benefits of that Contracting State, without the other Contracting State having to proceed to a new calculation of the old - age , survivors', invalidity or disability benefits.
2. on the other hand, in case of modification of the rules or of the computation process with regard to the establishment of the old - age, survivors', invalidity or disability benefits a new calculation shall be performed according to Article 12, 14 or 17.
PART IV. (- MISCELLANEOUS PROVISIONS Article 19 Responsibilities of the Competent Authorities The competent authorities: has) shall take, by means of an administrative arrangement, the measures required to implement this Agreement, including measures concerning taking into account of insurance periods, and shall designate the liaison agencies and the competent agencies;
(b) shall define the procedures for mutual administrative assistance, including the sharing of expenses associated with obtaining medical, administrative and other evidence required for the implementation of this Agreement;
(c) shall directly communicate to each other any information concerning the measures taken for the application of this Agreement;
(d) shall communicate to each other directly, as soon as possible, all changes in their legislation to the extent that these changes might affect the application of this Agreement.
Article 20 Administrative cooperation 1.
For the implementation of this Agreement, the competent authorities as well as the competent agencies of both Contracting States shall assist each other with regard to the determination of entitlement to or payment of any benefit under this Agreement as they would for the application of their own legislation.
In principle, this assistance shall be provided free of charge; However, the competent authorities may agree on the reimbursement of some expenses.
2. The benefit of the exemptions or reductions of taxes, of stamp duties or of registration or recording fees provided for by the legislation of one Contracting State in respect of certificates or other documents which must be produced for the application of the legislation of that State shall be extended to certificates and similar documents to be produced

for the application of the legislation of the other State.
3. documents and certificates which must be produced for the implementation of this Agreement shall be exempt from authentication by diplomatic or consular authorities.
Copies of documents which are certified as true and exact copies by an organization of one Contracting State shall be accepted as true and exact copies by the organization of the other Contracting State, without further certification.
4. for the implementation of this Agreement, the competent authorities and agencies of the Contracting States may communicate directly with each other as well as with any person, regardless of the residence of such persons. Such communication may be made in one of the languages used for the official purposes of the Contracting States.
An application or document may not be rejected by the competent authority or organizations of a Contracting State solely because it is in an official language of the other Contracting State.
Section 21 Claims, Notices and Appeals 1. Claims, notices or appeals which, according to the legislation of one of the Contracting States, should have been submitted within a specified period to the authority or agency of that Contracting State, are acceptable if they are presented within the same specified period to an authority or agency of the other Contracting State. In this case, the claims, notices or appeals must be sent without delay to the authority or agency of the former Contracting State, either directly or through the competent authorities of the Contracting States.
The date on which these claims, notices or appeals have been submitted to an authority or agency of the second Contracting State shall be considered to be the date of submission to the authority or agency authorized to accept such claims, notices or appeals.
2 An application for benefits under the legislation of one Contracting State shall be deemed to be also an application for a benefit of same kind under the legislation of the other Contracting State provided that the applicant so wishes and provides information indicating that insurance periods have been completed under the legislation of the other Contracting State.
Article 22 Confidentiality of Information Unless otherwise required by the national laws and regulations of a Contracting State, information about an individual which is transmitted in accordance with this Agreement to the competent authority or agency of that Contracting State by the competent authority or agency of the other Contracting State shall be used exclusively for purposes of implementing this Agreement and the legislation to which this Agreement applies. Such information received by a competent authority or agency of a Contracting State shall be governed by the national laws and regulations of that Contracting State for the protection of privacy and confidentiality of personal data.
Article 23 Payment of Benefits 1. Payments of benefits under this Agreement may be made in the currency of either Contracting State.
2. In the event that a Contracting State imposes currency controls or other similar measures that restrict payments, remittance or transfers of funds or financial instruments to persons who are outside that Contracting State, it shall, without delay, take appropriate measures to ensure the payment of any amount that must be paid in accordance with this Agreement to persons described in Article 3 who reside in the other Contracting State.
Article 24 Resolution of Disputes Disputes which arise in interpreting or applying this Agreement shall be resolved, to the extent, by the competent authorities as possible.
PART v – TRANSITIONAL AND FINAL PROVISIONS Article 25 Events prior to the entry into force of the Agreement 1. This Agreement shall also apply to events which occurred prior to its entry into force.
2 This Agreement shall not create any entitlement to benefits for any period prior to its entry into force.
3 All insurance periods completed under the legislation of one of the Contracting States prior to the date on which this Agreement enters into force shall be taken into account in determining entitlement to any benefit in accordance with the provisions of this Agreement.
4. This Agreement shall not apply to rights that were liquidated by the granting of a lump sum payment or the reimbursement of contributions.
5 In applying Article 8 in case of persons who were sent to a Contracting State prior to the date of entry into force of this Agreement, the periods of employment referred to in that Article shall be considered to begin on that date.
Article 26 Revision, prescription, forfeiture 1. Any benefit that was not paid or that was suspended by reason of the nationality of the interested person or by reason of his residence in the territory of a Contracting State other than that in which the agency responsible for payment is located, shall, on application by the interested person, be paid or restored from the entry into force of this Agreement.
2 The entitlement of interested persons who, prior to the entry into force of this Agreement, obtained the payment of a benefit may be revised upon application by those persons, in accordance with the provisions of this Agreement. In no. case shall such a revision result in a reduction of the prior entitlement of the interested persons.
3 if the application referred to in paragraph 1 or 2 of this Article is made within two years of the date of the entry into force of this Agreement, any entitlement arising from the implementation of this Agreement shall be effective from that date, and the legislation of either Contracting State concerning the forfeiture or the prescription of rights shall not be applicable to such interested persons.
4 if the application referred to in paragraph 1 or 2 of this Article is made after two years following the entry into force of this Agreement, the entitlements which are not subject to forfeiture or which are not yet prescribed shall be acquired from the date of the application, unless more favourable legislative provisions of the Contracting State concerned are applicable.
Article 27 Duration This Agreement is concluded without any limitation on its duration. It may be terminated by either Contracting State giving twelve months' notice in writing to the other State.
Article 28 Guarantee of rights that are acquired or in the course of acquisition In the event of termination of this Agreement, any rights and payment of benefits acquired by virtue of the Agreement shall be maintained. The Contracting States shall make arrangements regarding the rights in the course of acquisition.
Article 29 Entry into Force This Agreement shall enter into force on the first day of the third month following the date of receipt of the note through which the last of both Contracting States will have given notice to the other Contracting State that all domestic requirements have been accomplished.
In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement.
Done at New Delhi, on the 3 day of November 2006, in duplicate in the English language.

TRANSLATION Convention on social security between the Kingdom of Belgium and the Republic of India. the Kingdom of Belgium and the Republic of India, the Kingdom of Belgium and the Republic of India, animated desire to regulate the mutual relations between the two States in the field of social security, have decided to conclude a Convention for this purpose, and have agreed to the following : Part i. - General provisions Article 1 Definitions 1. For the purposes of this Convention: a) "Belgium" means: the Kingdom of Belgium;
«India» means: the Republic of India.
(b) the term "national" means: in relation to the Belgium: a person who has the Belgian nationality.
with regard to the India: a person who has Indian citizenship.
(c) the term 'legislation' means: the laws referred to in Article 2 and all rules, regulations, rules, instructions or communications which under its jurisdiction.
(d) "authority" means: in relation to the Belgium: Ministers, each in relation to the application of the legislation referred to in Article 2, paragraph 1, has).
regards the India: Ministers, each in relation to the application of the legislation referred to in Article 2, paragraph 1, b). e) 'institution' means: in relation to the Belgium: Agency, organization or authority to implement, in whole or in part, the laws referred to in Article 2, paragraph 1, has);
with regard to the India: the body, organization or authority to apply, in whole or in part, the laws referred to in Article 2, paragraph 1, b). f) "period of insurance" means: any period recognized as such by the legislation under which this period has been completed, as well as any similar period recognized by this legislation.
(g) "benefit" means: any pension or cash benefit, including any supplements or increases which are applicable under the laws referred to in Article 2.
(h) the term 'member of the family' means: any person defined or recognized as a member of the family or designated as a member of the household by the legislation respectively of the Belgium and the India.
(i) the term 'residence' means: the habitual residence.
2. any term not defined in paragraph 1 of the present Article has the meaning assigned to it by legislation which applies.
Article 2 scope 1. This Convention applies: has) with regard to Belgium, to the legislation concerning: (i) to superannuation and

survival of salaried workers and the self-employed;
(ii) to disability of employees, sailors of the Merchant Navy and the self-employed;
and, only as regards part II, to the legislation concerning: (iii) social security of employees;
(b) in relation to the India to any legislation: (i) pensions retirement and survival of employees;
(ii) the total incapacity for work pension permanent;
and only as regards part II, to the legislation concerning: (iii) the social security of employees.
2. this Convention shall also apply to any legislation which will amend or complement the laws listed in paragraph 1 of this Article.
It will apply to any legislation which will extend the existing to new categories of beneficiaries plans if there is not, in this regard, opposition of the Contracting State which amends its legislation notified to the other Contracting State within a period of six months from the official publication of the said legislation.
This Convention is not applicable to the laws establishing a new branch of social security, unless an agreement is reached between the competent authorities of the Contracting States.
Article 3 scope of application personal unless provided otherwise, this Convention applies to persons who are or who have submitted to the legislation of one Contracting States as well as other persons who obtain the rights derived from such a person.
Article 4 equality of treatment unless this agreement provides otherwise, the persons referred to in Article 3, who are ordinarily resident in the territory of a Contracting State enjoy equal treatment to nationals of that Contracting State during the application of the legislation of that Contracting State.
Article 5 export of benefits 1.
Unless otherwise provided by the Convention, a Contracting State may reduce or change the benefits acquired under its legislation the beneficiary resides or resides in the territory of the other Contracting State.
2. the retirement and survival benefits due under Belgian law are paid to Indian nationals who reside in the territory of a third State under the same conditions as if he were Belgian nationals residing in the territory of that third State.
3. the retirement and survival of incapacity for work benefits due under Indian law are paid to Belgian nationals who reside in the territory of a third State under the same conditions as if it were Indian nationals residing in the territory of that third State.
Article 6 reduction or suspension Clauses reduction or suspension clauses provided for by the legislation of a Contracting State, in the case of overlapping of a benefit with other benefits from social security or with other professional income, are prejudicial to the recipients, even if it comes to benefits acquired under a plan of the other Contracting State or professional activities are carried out on the territory of the other Contracting State.
However, this rule is not applicable to cumulation of two similar benefits.
Part II provisions determining the LEGISLATION APPLICABLE Article 7 General provisions subject to sections 8 to 10, the applicable law is determined in accordance with the following provisions: a) unless this agreement provides otherwise, person who is gainfully employed in the territory of a Contracting State is, for this salaried activity subject to the legislation of that Contracting State;
(b) persons who are part of roaming or air personnel of a company performing international transport of passengers or goods for hire or reward or for its own account, and having its seat in the territory of a Contracting State are subject to the legislation of that Contracting State;
(c) a person who performs a self-employed activity on board a vessel flying flag of a Contracting State is subject to the legislation of the State in which he has his residence.
Article 8 special provisions 1. Self-employed person who, being in the service of an employer with the territory of one of the Contracting States where it is normally and paying dues in accordance with the legislation of that Contracting State, is posted by that employer to the territory of the other Contracting State to carry out work on its behalf, remains subject to the legislation of the first Contracting State and continues to pay contributions in accordance with the legislation of that State Contractor as if it continued to be occupied its territory provided that the anticipated duration of the work it must perform does not exceed 60 months. The family members who accompany the employee are subject to the legislation of the first Contracting State unless they carry out professional activities.
2. where the secondment referred to in paragraph 1 of the present Article continues beyond 60 months, the competent authorities of both Contracting States or competent institutions designated by the competent authorities may agree that the worker remains subject only to the legislation of the first Contracting State.
3. paragraph 1 of the present Article applies when a person, after having been sent by his employer from the territory of a Contracting State to the territory of a third country, is then sent by that employer from the territory of the third country to the territory of the other Contracting State.
Article 9 civil servants, members of diplomatic missions and consular posts 1. Officials and clerks are subject to the legislation of the Contracting State which the Administration employing them. These people and their family members are therefor considered as resident in the territory of that Contracting State, even if they are on the territory of the other Contracting State.
2. the present Convention may infringe the provisions of the Vienna Convention on diplomatic relations of 18 April 1961 or of the Vienna Convention on consular relations of 24 April 1963.
Article 10 exceptions the competent authorities may provide, by mutual agreement, in the interests of certain insured persons or certain categories of insured persons, derogations from the provisions of Articles 7 to 9 provided that the legislation of a Contracting State is applicable to such persons or categories of persons.
Part III provisions concerning benefits Chapter 1. -Provisions concerning Belgian benefits Section 1. -Benefits of old age and survival Article 11 1. Subject to the provisions of paragraph 2, periods of insurance completed in accordance with the Indian legislation for old-age or survivor benefits are totaled as necessary, to the condition that they overlap with periods of insurance completed under the Belgian legislation, for the acquisition, retention or recovery of the right to old-age or survivor benefits.
2. when the Belgian legislation granting certain benefits of old age or survival on the condition that the periods of insurance have been completed in a given profession, not are totaled, for admission to these benefits, the periods of insurance completed or assimilated into the same profession in India.
3 where the Belgian legislation granting certain benefits of old-age or survivor on condition that the periods of insurance have been completed in a particular profession and when these periods were able to qualify such benefits, those periods are considered valid for the determination of old-age or survivor benefits for the general scheme for workers.
Article 12 1. When a person meets the conditions required by Belgian legislation for entitlement to old-age benefits or survival without any need for the aggregation, the Belgian institution calculates the right to delivery directly on the basis of the periods of insurance completed in Belgium and Belgian legislation only.
This institution is also the calculation of the amount of the old age or survival benefit that would be obtained by application of the rules laid down in paragraph 2, letter a) and b). The highest amount is only retained.
2. If a person is entitled to a pension or benefit survival under Belgian legislation, which the right is open only in light of the aggregation of periods of insurance completed in accordance with Article 11, the following rules apply: a) the Belgian institution shall calculate the theoretical amount of the benefit that would be due if all the insurance periods completed under the legislation of both Contracting States had been completed only under the Belgian legislation;
(b) the Belgian institution then calculates the amount due, on the basis of the amount referred to in the littera), in proportion to the duration of the periods of insurance completed under its sole legislation compared to the duration of periods of insurance recorded under the littera has).
Section 2. -Article 13 for disability insurance

the acquisition, retention or recovery of the right to invalidity benefits, the provisions of Article 11 shall apply by analogy.
Article 14 1. If the right to Belgian disability benefits is only open by aggregation of periods of insurance Belgian and Indian completed pursuant to Article 13, the amount of the benefit payable shall be determined following the rules laid down by Article 12, paragraph 2.
2. where the right to Belgian disability benefits is open without any need to resort to the provisions of Article 13, and that the amount resulting from the addition of the Indian provision and the Belgian benefit calculated according to paragraph 1 of the present Article is less than the amount of the benefit due on the basis of the Belgian legislation only the competent Belgian institution allocates a supplement equal to the difference between the sum of the two abovementioned benefits and the amount due under Belgian legislation only.
Article 15 the beneficiary of a disability benefit for the Belgian legislation retains the benefit of this provision during a stay in the other Contracting State, when this stay has been previously authorized by the competent Belgian institution. However, this authorization may be refused where the residence is located in the period during which, under Belgian legislation, the competent Belgian institution must conduct an evaluation or review of the degree of invalidity.
CHAPTER 2. -Provisions concerning old-age benefits, of survival and disability of Indian work Article 16 1. Subject to the provisions for the acquisition, retention or recovery of the right to old-age benefits, of survival and incapacity for work, the periods of insurance completed in accordance with Belgian legislation relating to these benefits are totaled as necessary, on condition that they overlap with periods of insurance completed under Indian law.
2. when the Indian law the granting of certain benefits of old age survival and incapacity for work on the condition that the periods of insurance have been completed in a given profession, not are totaled, for admission to these benefits, the periods of insurance completed or assimilated into the same profession in Belgium.
3. where Indian legislation granting certain benefits provided that periods of insurance have been completed in a particular profession and when these periods were able to qualify such benefits, those periods are considered valid for the determination of the benefits provided for the general scheme for workers.
Article 17 1. Where the person meets the conditions required by Indian law to qualify for old age, survival or incapacity for work benefits without any need for the aggregation, the Indian institution calculates the right to delivery directly on the basis of the periods of insurance completed in India and on the basis of the only Indian legislation.
2. If a person is entitled to an old-age benefit, survival or incapacity for work under the Indian law, which law is open only in light of the aggregation of periods of insurance completed in accordance with Article 16, the following rules apply: a) the Indian institution shall calculate the theoretical amount of the benefit that would be due if all the insurance periods completed under the legislation of both Contracting States had been completed only under the legislation Indian;
(b) the Indian institution then calculates the amount due, on the basis of the amount referred to in the littera), in proportion to the duration of the periods of insurance completed under its sole legislation compared to the duration of periods of insurance recorded under the littera has).
CHAPTER 3. -Provisions Commons Article 18 1. If, due to the increase in the cost of living, the variation in the level of wages or for other reasons, the benefits of old age, survival, disability or incapacity for work of one of the two Contracting States undergo a change of a percentage or a fixed amount, the percentage or amount will be applied directly to the benefits of old age, survival, disability or incapacity for work of this Contracting State without having the other Contracting State for a recalculation of benefits of old age, survival, disability or incapacity for work.
2 However, in the case of changing the mode of determination or the rules for calculating benefits of old age, survival, disability or incapacity for work, a recalculation is made in accordance with Articles 12, 14 or 17.
PART IV. (- Provisions miscellaneous Article 19 responsibilities of the competent authorities the competent authorities: has) take all the administrative measures necessary for the application of this Convention, including measures concerning the consideration of periods of insurance, and designate liaison institutions and competent institutions;
(b) define the mutual administrative assistance procedures, including the apportionment of the expenses related to obtaining necessary medical, administrative and other certificates for the purposes of this Convention;
(c) communicate directly all information concerning the measures taken for the application of this Convention;
(d) shall communicate, as soon as possible and directly, any change in their legislation which may affect the application of this Convention.
Article 20 administrative cooperation 1.
For the application of this Convention, the competent authorities and competent institutions of the two Contracting States lend themselves reciprocally their good offices for the determination of the right to benefits and to payment under this Convention, as if it were the application of their own legislation. This assistance is in principle free of charge; However, the competent authorities may agree on the reimbursement of certain expenses.
2. the benefit of the exemptions or reductions of fees, stamp, registry or registration rights provided for by the legislation of one of the Contracting States for documents required to be produced in application of the legislation of that State, is extended to similar documents required to be produced in application of the legislation of the other State and coins.
3. all acts and documents to be produced in application of the present Convention shall be exempt from authentication by diplomatic or consular authorities.
Copies of documents certified by an organization of one of the two Contracting States are accepted by the Organization of the other Contracting State as copies of documents, without other necessary certification.
4. for the purposes of this Convention, the authorities and competent institutions of the Contracting States are entitled to correspond directly between them and with anyone, regardless of residence. Correspondence can be done in one of the languages that are used by the Contracting States for official purposes.
An application or a piece cannot be rejected by any authority or competent organization of a Contracting State only because it is written in an official language of the other Contracting State.
Article 21 applications, statements and appeals 1. Claims, declarations or appeals which should be introduced, according to the law of a Contracting State, within a specified period to an authority or institution of the Contracting State are admissible if they are introduced within the same period to an authority or institution of the other Contracting State. In this case, claims, declarations or appeals must be sent without delay to the authority or institution of the first Contracting State, either directly or through the competent authorities of the Contracting States.
The date on which such claims, declarations or appeals were introduced from an authority or institution of the other Contracting State is regarded as the date of introduction of the authority or competent institution to learn..
2. a claim for benefits under the legislation of a Contracting State shall be considered as also being a request for similar benefits under the legislation of the other Contracting State provided that the applicant wishes to and that it communicates information showing that periods of insurance have been completed under the legislation of the other Contracting State.
Article 22 confidentiality unless otherwise provided in the laws and regulations of a Contracting State, information about a person, communicated in accordance with this Convention to the authority or competent institution of a Contracting State by the authority or competent institution of the other Contracting State are used exclusively for the implementation of this agreement and the legislation to which this Convention applies. Such information received by an authority or competent institution of a Contracting State is subject to the application of the national laws and regulations of that Contracting State relating to the protection of privacy and confidentiality of personal data.
Article 23 payment of benefits

1. the payment of benefits under this Convention may be made in the currency of one or the other Contracting State.
2. where a Contracting State imposes currency controls or other measures of limitation of payments, transfers, or transfers of funds or monetary instruments to persons who are outside that Contracting State, this State will take without delay the measures necessary to ensure payment of any amount to be paid in accordance with this Convention to persons referred to in Article 3 who reside in the other Contracting State.
Article 24 settlement of disputes disputes relating to the interpretation or application of this Convention shall be resolved, to the extent possible, by the competent authorities.
PART v - Provisions transitional and final Article 25 contingencies prior to the entry into force of the Convention 1.
This Convention also applies to contingencies is conducted prior to its entry into force.
2. the present Convention no right to benefits for a period prior to its entry into force.
3. any period of insurance completed under the legislation of a Contracting State before the date of entry into force of the present Convention is taken into account for the determination of the entitlement to a benefit opening in accordance with the provisions of this Convention.
4. this Convention shall not apply to rights that had been liquidated by the granting of a lump-sum benefit or refund of contributions.
5. where Article 8 applies to people sent to the territory of a Contracting State before the date of entry into force of this agreement, the periods of previous occupation to which reference in this Article is made will be considered as having started on this date.
Article 26 Revision, prescription, forfeiture 1. Any benefit which has not been awarded or which has been suspended due to the nationality of the person concerned or his residence in the territory of the Contracting State other than that where the payment institution is; at the request of the person concerned, awarded or reinstated from the entry into force of this Convention.
2. the rights of persons concerned having awarded prior to the entry into force of this Convention, the liquidation of a benefit are revised at their request, in light of the provisions of this Convention. Under no circumstances, such a revision must have reduced the earlier rights of the persons concerned.
3. If the request referred to in paragraphs 1 or 2, of the present Article is presented within a period of two years from the date of entry into force of this Convention, the rights open in accordance with the provisions of this Convention are acquired from this date, without the provisions of the legislation of one or the other Contracting State relating to the forfeiture or the prescription of rights, are prejudicial to the persons concerned.
4. If the request referred to in paragraphs 1 or 2 of this Article is submitted after the expiry of a period of two years following the date of entry into force of this Convention, the rights which are not stricken forfeited or which are not prescribed are acquired from the date of the application, subject to more favourable provisions of the legislation of the Contracting State in question.
Article 27 duration this agreement is concluded for an indefinite period. It may be denounced by one of the Contracting States by a written notification addressed to the other Contracting State with a twelve month notice period.
Article 28 warranty of acquired rights, or by way of acquisition in the event of denunciation of this Convention, the rights and benefits acquired under the Convention will be maintained. The Contracting States will take arrangements in relation to the rights in the process of acquisition.
Article 29 entry into force this Convention shall enter into force the first day of the third month following the date of receipt of the note by which the last of the two Contracting States will be served to the other Contracting State that the legally required formalities have been completed.
In witness whereof the undersigned, duly authorized, have signed this Convention.
Done at New Delhi, November 3, 2006 in duplicate, in English.