Article 13 Capital Gains 　　1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 and situated in the other Contracting State may be taxed in that other Contracting State. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which and enterprise of a Contracting State. Has in the other Contracting State Or of movable property pertaining to a fixed base available to a resident of a Contracting State. In the other Contracting State. For the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise)or of such a fixed base, may be taxed in that other Contracting State. 　　3. Gains derived by a resident of a Contracting State. From the alienation of ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State. 　　4. Gains from the alienation of shares of the capital stock of a company the property of which consists directly or indirectly principally of immovable property situated in a Contracting state may be taxed in that Contracting State. 5. Gains from the alienation of shares other than those mentioned in paragraph 4 representing a participation of at least 25 per cent in a company which is a resident of a Contracting State. May be taxed in that Contracting State. 　　6. Gains from the alienation of any property other than that referred to in paragraphs 1　to 5, shall be taxable only in the Contracting State. of which the alienator is a resident. 　　Article 14 independent Personal Services 　　1. Income derived by a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that Contracting State except in one of the following circumstances, when such income may also be taxed in the other Contracting State.: 　　(a) if he has a fixed base regularly available to him in the other Contracting State for the purpose of performing his activities; in that case, only so much of the income as is attributable to that fixed base may be taxed in that other Contracting State.; 　　(b) if his stay in the other Contracting State is for a period or periods in the aggregate 183 days in the calendar year concerned; in that case, only so much of the income as is derived from his activities performed in that other Contracting State may be taxed in that other Contracting State. 　　2. The term "professional services" includes especially independent scientific, literary, artistic , educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants. 　　Article 15 Dependent Personal Services 　　1. Subject to the provisions of Articles 16, 18, 19, 20 and 21, salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that Contracting State unless the employment is exercised in the other Contracting State.. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other Contracting State. 　　2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if : 　　(a) the recipient is present in the other Contracting State for a period or periods not exceeding in the aggregate 183 days in the calendar year concerned; and 　　(b) the remuneration is paid by ,or on behalf of , an employer who is not a resident of the other Contracting State; and 　　(c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other Contracting State. 　　3. Notwithstanding the preceding provisions of this Article , remuneration derived in respect of an employment exercised aboard a ship or aircraft operated by an enterprise of a Contracting State in international traffic shall be taxable only in that Contracting State. Article 16 Directors' Fees Directors'fees and other similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors of a comparable which is a resident of the other Contracting State may be taxed in that other Contracting State. Article l7 Artistes and Athletes 1．Notwithstanding the provisions of Articles l4 and l5，income derived by a resident of a Contracting State as an entertainer，such as a theatre，motion Picture，radio or television artiste，or a musician， or as an athlete，from his personal activities as such exercised in the other Contracting State，may be taxed in that other Contracting State． 2．Where income in respect of personal activities exercised by an entertainer or an athlete in his capacity as such accrues not to the entertainer or athlete himself but to another person， that income may， notwithstanding the provisions of Articles 7，14，and l5，be taxed in the Contracting State in which the activities of the entertainer or athlete are exercised． 3．Notwithstanding the provisions of this Article, income derived by entertainers or athletes who are residents of a Contracting State from the activities exercised in the other Contracting State under a plan of cultural exchange between the Governments of both Contracting State shall be exempt from tax in that other Contracting State . Article 18 Pensions 1．Subject to the Provisions of paragraph 2 of Article l9，pensions and other similar remuneration paid to a resident of a Contracting state in consideration of past employment shall be taxable only in that Contracting State． 2．Notwithstanding the provisions of paragraph l，pensions and other similar payments made under the social security legislation of a Contracting State shall be taxable only in that Contracting State . Article 19 Government Service 1．(a) Remuneration ，other than pension ，paid by a Contracting State or a Local authority thereof to an individual in respect of services rendered to the Government of that Contracting State or local authority thereof, shall be taxable only in that Contracting State． (b) However, such remuneration shall be taxable only in the other Contracting State if the services are rendered in that other Contracting State and the individual is a resident of that other Contracting State who: 　　(i) is a national of that other Contracting State; or 　　(ii) did not become a resident of that other Contracting State solely for the purpose of rendering the services. 　　2.(a) Any pension paid by, or out of funds created by a Contracting State or a local authority thereof to an individual in respect of services rendered to the Government State or a local authority thereof shall be taxable only in that Contracting State. 　　(b) However, such pension shall be taxable only in the other Contracting State if the individual is a resident of, and a national of, that other Contracting State. 　　3. The provisions of Articles 15, 16, 17 and 18 shall apply to remuneration and pensions in respect of services rendered in connection with a business carried on by a Contracting State or a local authority thereof. 　　Article 20 Teachers and Researchers 　　An individual who is , or immediately before visiting a Contracting State was ,a resident of the other Contracting State and is present in the first-mentioned Contracting State for the primary purpose of teaching, giving lectures or conducting research at a university, college, school or educational institution or scientific research institution accredited by the Government of the first-mentioned Contracting State shall be exempt from tax in the first-mentioned Contracting State, for a period of three years from the date of his first arrival in the first-mentioned Contracting State, in respect of remuneration for such teaching, lectures or research. 　　Article 21 Students and Trainees 　　A student, business apprentice or trainee who is or was immediately before visiting a Contracting State a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of his education, training, shall be exempt from tax in that first-mentioned State on the following payments or income received or derived by him for the purpose of his maintenance, education, study, research or training: 　　(a) payments derived from sources outside that Contracting State; 　　(b) grants, scholarships or awards supplied by the Government, or a scientific, educational, cultural or other tax-exempt organization of that Contracting State; 　　(c)income derived from personal services performed in that Contracting State ,provided that this income constitutes earnings necessary for this purpose. 　　Article 22 other income 　　1.tems of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Agreement shall be taxable only in that Contracting State. 　　2.The provisions of paragraph 1 shall not apply to income, other than income from immovable property as defined in paragraph 2 of Article 6, if the recipient of such income, being a resident of a Contracting State , carries on business in the other Contracting State through a permanent establishment situated therein, or performs in that other Contracting State independent personal services from a fixed base situated therein, and the right or property in respect of which the income is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 　　Article 23 Capital 　　1. Capital represented by immovable property referred to in Article 6, owned by a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other Contracting State. 　　2. Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or by movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, may be taxed in that other Contracting State. 　　3. Capital represented by ships and aircraft operated in international traffic carried on by a resident of a Contracting State and by movable property pertaining to the operation of such ships and aircraft, shall be taxable only in that Contracting State. 　　4. All other elements of capital of a resident of a Contracting State shall be taxable only in that Contracting State. 　　Article 24 Methods for the Elimination of Double Taxation 　　1.In China, double taxation shall be eliminated as follows: 　　(a) Where a resident of China derives income from Luxembourg the amount of tax on that income payable in Luxembourg in accordance with the provisions of this Agreement, shall be credited against the Chinese tax imposed on that resident. The amount of credit ,however, shall not exceed the amount of the Chinese tax on that income computed in accordance with the taxation laws and regulations of China. 　　(b) Where the income derived from Luxembourg is a dividend paid by a company which is a resident of Luxembourg to a company which is a resident of China and which owns not less than 10 per cent of the shares of the company paying the dividend , the credit shall take into account the tax paid in Luxembourg by the company paying the dividend in respect of its income. 　　2.In Luxembourg, double taxation shall be eliminated as follows: 　　(a)Where a resident of Luxembourg derives income or owns capital which, in accordance with the provisions of this Agreement, may be taxed in China, Luxembourg shall, subject to the provisions of sub-paragraphs(b), (c) and (d), exempt such income or capital from tax, but may, in order to calculate the amount of tax on the remaining income or capital of the resident, apply the same rates of tax if the income or capital had not been exempted. 　　(c) Where a resident of Luxembourg derives income which, in accordance with the provisions of Articles 10, 11, 12 and paragraphs 4 and 5 of Article 13 may be taxed in China , Luxembourg shall allow as a deduction form the tax on the income of that resident and amount equal to the tax paid in China. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to such items of income derived from China. 　　(c) Where a company which is a resident of Luxembourg derives dividends form Chinese sources, Luxembourg shall exempt such dividends from tax, provided that the company which is a resident of Luxembourg holds since the beginning of its accounting year a direct shareholding of at least 10 per cent of the capital of the company paying the dividends or of a purchase price of at least 50 millions LF. The above-mentioned shares in the Chinese company are, under the same conditions, exempt from the Luxembourg capital tax. 　　(d). For the purposes of sub-paragraph (b) of paragraph 2, the tax paid in China shall be deemed to include the amount of tax which would have been paid in China if it had not been exempted or reduced in accordance with the laws and regulations of China designated to promote economic development in China. The amount of tax deemed to have been paid in china shall be: 　　(I) 10 per cent of the gross amount of dividends in the case of sub-paragraph (b) of paragraph 2 of Article 10; 　　(ii)10 per cent of the gross amount of interest in the case of paragraph 2 of Article 11; and 　　(i) 10 per cent of the amount of royalties in the case of paragraph 2 of Article 12. 　　The provisions of this sub-paragraph shall only apply for a period of 15 years beginning on the 1 January of the calendar year next following that in which this Agreement enters into force. 　　Article 25 Non-discrimination 　　1.Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which nationals of that other Contracting State in the same circumstances are or may be subjected. The provisions of this paragraph shall, notwithstanding the provisions of Article 1, also apply to persons who are not residents of one or both of the Contracting State. 　　2.The taxation on a permanent establishment which an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other Contracting State than the taxation levied on enterprises of that other Contracting State carrying on the same activities. The provisions of this paragraph shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents. 　　3.Except where the provisions of paragraph 1　of Article 9, paragraph 7 or article 11, or paragraph 6 of Article 12 apply ,interest, royalties and other disbursements paid by an enterprise of a Contracting State to a resident of the other Contracting State shall , for the purpose of determining the taxable profits of such enterprise, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned state. Similarly, any debts of an enterprise of determining the taxable capital of such enterprise, be deductible under the same conditions as if they had been contracted to a resident of the first-mentioned Contracting State. 　　4.Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the firs-mentioned Contracting state to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar enterprises of the first-mentioned Contracting State are or may be subjected. 　　6.The provisions of this Article shall, notwithstanding the provisions of Article　2, apply to taxes of every kind and description. 　　Article 26 Mutual Agreement Procedure 　　1.Where a person considers that the actions of one or both of the Contracting State result or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the domestic law of those Contracting States, present his case to the competent authority of the Contracting State of which he is a resident or , if his case comes under paragraph 1of Article 24, to that of the Contracting State of which he is a national. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Agreement. 2.The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with the Agreement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting State. 3.The competent authorities of the Contracting State shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application or the Agreement. They may also consult together for the elimination of double taxation in cases not provided for in this Agreement. 4.The competent authorities of the Contracting State may communicate with each other directly for the purpose of reaching an agreement in the sense of paragraphs 2and 3. When it seems advisable for reaching agreement, representatives of the competent authorities of the Contracting State may meet together for an oral exchange of opinions. Article 27 Exchange of Information 1.The competent authorities of the Contracting State shall exchange such information as is necessary for carrying out the provisions of this Agreement or of the domestic laws of the Contracting State concerning taxes covered by the Agreement, insofar as the taxation thereunder is not contrary to this Agreement, in particular for the prevention of evasion of such taxes. The exchange of information is not restricted by Article 1. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that Contracting State and shall be disclosed only to persons or authorities (including courts and administrative bodies)involved in the assessment or collection of , the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by the Agreement. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. 2.In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation.: (a) to carry out administrative measures at variance with the laws and the administrative practice of that or of the other Contracting State; (b)to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; （c）to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (order public). Article 28 diplomatic Agents and Consular Officers Nothing in this Agreement shall affect the fiscal privileges of diplomatic agents or consular officers under the general rules of international law or under the provisions of special agreements. Article 29 Entry Into Force This Agreement shall enter into force on the thirtieth day after the date on which diplomatic notes indicating the completion of internal legal procedures necessary in each country for the entry into force of this Agreement have been exchanged. This Agreement shall have effect: (a)in respect of taxes withheld at source, to income derived on or after 1 January of the calendar year next following that in which this Agreement enters into force; (b) in respect of other taxes on income, and taxes on capital, to taxes chargeable for any taxable year beginning on or after 1 January of the calendar year next following that in which this Agreement enters into force. Article 30 Termination This Agreement shall continue in effect indefinitely but either of the Contracting State may ,on or before the thirtieth day of June in any calendar year beginning after the expiration of a period of five years from the date of its entry into force, give written notice of termination to the other Contracting State through the diplomatic channel. In such event this Agreement shall cease to have effect: (a) in respect of taxes withheld at source, to income derived on or after 1 January of the calender year next following that in which the notice is given; (b) in respect of other taxes on income, and taxes on capital, to taxes chargeable for any taxable year beginning on or after 1 January of the calender year next following that in which the notice is given. IN WITNESS WHEREOF the undersigned , duly authorised thereto, have signed this Agreement. DONE at Beijing on the 12th day of March 1994, in duplicate in the French, Chinese and English languages, all three tests being equally authentic. For the Government of For the Government of The People's Republic of China the Grand Duchy of Luxembourg