Ez a törvény a Magyarország és az Albán Köztársaság közötti szociális biztonságról szóló Egyezményt hirdeti ki, amelynek célja a két ország közötti szociális biztonsági kapcsolatok rendezése és szabályozása.
Albania on social security Hungary and the Republic
Albania hereinafter referred to as „the Contracting Parties”, inspired by the desire to settle and regulate their relations in the field
social security, have agreed as follows: PART I GENERAL PROVISIONS Article 1 Definitions
this Agreement a) „territory” means, as regards Hungary, the territory
Hungary; as regards the Republic
Albania, the territory
the Republic
Albania; b) „national” means, as regards Hungary, natural persons who are considered nationals
Hungary, in accordance with the applicable legislation; as regards the Republic
Albania, natural persons who are considered nationals
the Republic
Albania, in accordance with the applicable legislation; c) „legislation” means laws, regulations and other universally applicable statutory instruments relating to the schemes and systems
social security, covered by the material scope (Article 2)
this Agreement;
the legislation covered by the material scope (Article 2)
this Agreement; f) „competent institution” means the responsible institution where the person is insured at the time
filing his claim, or where the person has eligibility or would have eligibility if he was staying in the territory
that Contracting Party; g) „liaison organisations” means organisations charged by the competent authorities to maintain mutual relations for the purposes
implementing the Agreement; h) „place
residence” means a place where the person concerned takes up habitual residence in accordance with the applicable regulations
this Contracting Party; i) „place
stay” means temporary short-term residence, the duration
which is usually related to the attainment
the objective
stay defined in advance; j) „periods
insurance” means periods
contribution payment and periods treated equally to periods that are considered as such by the legislation
the Contracting Parties; k) „cash benefits” means pensions and other cash benefits as well as all
their increases in accordance with the applicable legislation
the Contracting Parties; l) „invalidity benefits” as regards Hungary, the benefits for persons with changed working capacity; as regards the Republic
Albania: – full disability pension for reasons other than employment accidents/occupational diseases, when the person becomes disabled to any economic activity, or suffered severe mutilations and physical defaults (including the blind); – partial disability pension for reasons other than employment injuries, when the person becomes disabled to perform the previous employment, but may work under special working conditions; m) „benefits in kind” means health care or health care for accidental injury, which is provided within the mandatory health insurance scheme, in accordance with the applicable legislation
the Contracting Parties; n) „eligible person” means a person who has acquired eligibility specified by the legislation under the material scope (Article 2)
this Agreement; o) „insured person” means a person specified by the legislation under the material scope (Article 2)
this Agreement is defined as an insured person or a formerly insured person; p) „civil servants” means in Hungary civil servants, public employees and other persons treated as such according to the Hungarian legislation, in the Republic
Albania civil servants and equivalent persons according to Albanian legislation.
the Contracting Parties. Article 2 Material scope
contribution covering social insurance benefits and benefits paid in case
unemployment; ii) the social insurance pension benefits; iii) benefits
the Compulsory Health Insurance Scheme, and iv) benefits for persons with changed working capacity; as regards the Republic
Albania, to the laws and regulations concerning: i) the insurance obligation and the payment
contribution covering compulsory social and health insurance benefits; and
accidents at work and occupational diseases for employed persons; d) old-age, invalidity and survivors’ pensions for employed and self-employed persons, as well as for employers; iii) as regards the benefits
the compulsory Health Insurance Scheme.
a Contracting Party which define new schemes or branches
social security, subject to a written notification thereof by the competent authority
this Contracting Party to the competent authority
the other Contracting Party. If the competent authority
the other Contracting Party does not express objection within three months
the date
such notification, it shall be considered as its agreement with the extension
the material scope
this Agreement.
this article shall not include treaties or other international agreements on social security that have been concluded between one Contracting Party and a third country or legislation promulgated for their specific implementations. Article 3 Personal scope This Agreement shall apply to: a) all persons who are covered, or used to be covered, by the legislation
one or both Contracting Parties, referred to in Article 2, b) other persons who derive their entitlements from persons referred to in subsection a). Article 4 The principle
equal treatment
the Agreement shall have the same rights and obligations under the legislation
a Contracting Party as the nationals
that Contracting Party.
persons employed by
ficial missions or by agents
such missions
a third country
either Contracting Parties, c) legislation
the two Contracting Parties on the cooperation between the insured and employees in the agencies
institutions and associations, as well as in the field
arbitral concerning social security. Article 5 Export
benefits
a Contracting Party, shall not be reduced, modified, suspended or withdrawn on the ground that the eligible person is in the territory
the other Contracting Party.
this Agreement shall be paid to nationals
the other Contracting Party under the same conditions that apply to nationals
the first Contracting Party, even in cases when such persons are staying in a third country. Article 6 Avoiding the overlapping
benefits
the same period
insurance.
paragraph
this Article shall not apply to benefits in respect
invalidity, old-age, survivors, work-accidents or occupational diseases which are paid by the competent institutions
both Contracting Parties, in accordance with the provisions
paragraph
one Contracting Party which excludes or limits eligibility to benefits or benefits in the case
concurrence
eligibility, benefits or incomes, shall apply mutatis mutandis to cases arising under the legislation
the other Contracting Party. Article 7 Assimilation
facts Events under the legislation
a Contracting Party, that have effect on the amount
cash benefits or on the entitlement to cash benefits and which occurred in the territory
other Contracting Party, shall be taken into account as if they had taken place in the territory
the first Contracting Party. PART II PROVISIONS CONCERNING THE APPLICABLE LEGISLATION Article 8 General Provisions
this Agreement, a person pursuing a gainful activity in the territory
a Contracting Party shall be subject to the legislation
that Contracting Party, regardless
the State in which the employer has its registered
fice or the residence
the employee.
a Contracting Party and pursues an activity as a self-employed person in the territory
the other Contracting Party, shall be subject to the legislation
the Contracting Party in the territory
which he/she pursues his/her activity as an employed person.
both Contracting Parties shall only be subject to the legislation
the Contracting Party in the territory
which he/she has his/her place
residence.
both Contracting Parties shall only be subject to the legislation
the Contracting Party in the territory
which he/she has his/her place
residence, excluding cases specified in Article 9. Article 9 Special Provisions If an employee
an employer with a head
fice in the territory
one
the Contracting Parties is posted by his/her employer to the territory
the other Contracting Party to work on its account, shall remain subject to the legislation
the former Contracting Party, as if he/she continued to be employed in this territory on the condition that the foreseeable duration
his/her work does not exceed 24 months and that he/she is not sent to replace another person whose posting period has come to an end. Article 10 Civil servants and personnel serving on board a ship and other water craft
a Contracting Party, posted to the territory
the other Contracting Party to pursue their activity there, shall remain subject to the legislation
the former Contracting Party.
a Contracting Party, the legislation
that Contracting Party under whose flag the vessel is navigating shall apply. This provision shall apply, as appropriate, to the personnel employed on board other water craft. Article 11 Members
diplomatic and consular missions In respect
the application
legislation referred to in Article 2, this Agreement is without prejudice to the applicability
provisions
the Vienna Convention on Diplomatic Relations
18 April 1961 and the Vienna Convention on Consular Relations
24 April 1963. Article 12 Exceptions to provisions on applicable legislation The competent authorities
the Contracting Parties or other organisations designated by them may, upon joint request
the employer and employee, or a self-employed person, provide for further exceptions to the general provisions on applicable legislation
this Agreement, provided that the person concerned continues, or shall come, to be covered by the legislation
either Contracting Party. In case
any exceptions the aspects and circumstances
the employment shall be taken into account. Article 13 Communication and certification
coverage Where the legislation
one Contracting Party is applicable in accordance with any
the provisions
this Part, the liaison organization
that Contracting Party shall issue upon the joint request
the employer and the employee, or upon the request
the self-employed person a certificate stating that the employee or self-employed person is subject to the legislation
that Contracting Party and indicating the duration for which the certificate shall be valid. This certificate certifies that the employee or self-employed person is exempt from the legislation on compulsory coverage
the other Contracting Party. The employee or self-employed person in question as well as the employer
the employee and the liaison organization
the other Contracting Party shall be entitled to receive a copy. PART III SPECIAL PROVISIONS CHAPTER 1 BENEFITS IN KIND AND CASH FOR SICKNESS AND MATERNITY Article 14 Totalising periods
insurance For the purposes
acquiring, maintaining and recovering entitlement to cash benefits within the framework
insurance for sickness and maternity, the insurance periods accumulated pursuant to
the legislation
both Contracting Parties shall be totalised, unless these periods are concurrent. Article 15 Benefits in kind A person who is insured for benefits in kind under the health insurance scheme by the competent institution
a Contracting Party, and who a) is in need
urgent medical care during his stay in the territory
the other Contracting Party, and did not travel to the territory
the other Contracting Party with the aim
receiving medical treatment, or b) acquired, or acquires the approval
the competent authority or the competent institution to travel to the territory
the other Contracting Party with the aim
receiving medical treatment in accordance with his medical condition, shall be entitled to benefits in kind, at the expenses
the competent institution, from the competent institution
the other Contracting Party in accordance with the legislation
this Contracting Party as though this person were insured under the legislation
this Contracting Party. In these cases a certificate shall be issued by the competent institution at the request
the person concerned before the person concerned leaves the territory
the Contracting Party where he/she is insured. Urgent medical care shall be understood as care that may not be postponed until the person’s return to his place
residence. Article 16 Cash benefits for sickness and maternity
the place
stay by submitting a certificate
incapacity for work issued by the doctor treating the concerned person. The institution
the place
stay shall issue the appropriate form and shall forward it to the competent institution forthwith.
the competent institution concerned. Article 17 Assertion
the right
pensioners
both Contracting Parties shall be entitled to in-kind health insurance benefits at his/her place
residence, at the expenses
the institution
the pensioner’s place
residence.
employment, or health insurance benefits in his place
residence, in accordance with the legislation
the Contracting Party by the place
residence. Article 18 Institution by the place
residence and by the place
stay The benefits in kind referred to Articles 15 and 17
this Agreement shall be provided by the institution by the place
residence or by the institution by the place
stay: – in Hungary: compulsory health insurance body, – in the Republic
Albania: compulsory health insurance body. Article 19 Reimbursement
costs related to benefits in kind The competent institution shall reimburse the institution
the other Contracting Party for the expenses actually incurred in connection with the provision
benefits in kind, with the exception
administrative costs. CHAPTER 2 ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES Article 20 Determination
benefits
insurance, may enforce his/her eligibility to benefits in kind in accordance with the legislation
the Contracting Party where he/she is insured. The concerned person shall receive benefits in kind when he/she stays or resides in the territory
the other Contracting Party. The benefits in kind are provided, at the expenses
the competent institution, by the institution
the place
stay or residence in accordance with the legislation it applies; the period during which the benefits in kind may be granted is, however, determined by the legislation
the competent Contracting Party.
the Contracting Party where the person concerned was insured at the time
the accident at work in accordance with its legislation.
a Contracting Party provides that a previous accident at work or occupational disease must be taken into account for determining the extent
damage on health or the degree
loss
working capacity originating from an accident at work or from an occupational disease or for determining the eligibility to a benefit in kind, or in cash, accidents at work and occupational diseases pursuant to the legislation
the other Contracting Party shall also be taken into account.
damage on health or the degree
loss
working-capacity due to the accident at work or the occupational disease.
work in the territory
the other Contracting Party, it shall be deemed to have occurred in the territory
that Contracting Party, where the person concerned is insured at the time
the accident at work. Article 21 Taking into account occupations hazardous to health
an occupational disease, the competent institution
a Contracting Party shall also take into account those occupations hazardous to health which, in accordance with the legislation
the other Contracting Party and by their characteristics, may be taken into consideration as causes
the diseases in question. Provided that eligibility exists pursuant to the legislation
both Contracting Parties, benefits in kind and in cash, with the exception
pension and accident annuity, shall have to be provided by the competent institution, and in keeping with the applicable legislation
the Contracting Party, in whose territory the place
residence
the entitled person is. If eligibility to pension or accident annuity exists pursuant to the applicable legislation
a Contracting Party, the competent institution shall pay only that portion
the benefit that corresponds to the ratio
the period during which the occupation hazardous to health has been pursued in keeping with the legislation
this Contracting Party, to the period during which the occupation hazardous to health has been pursued in keeping with the legislation
both Contracting Parties.
deterioration in the person’s health condition, the provisions laid down in paragraph
condition. When this deterioration in health occurs due to another occupation hazardous to health, the eligibility to a benefit on the ground
deterioration
health shall be considered to exist pursuant to the legislation
the Contracting Party where the specific occupation hazardous to health has been pursued. The competent institution
the first Contracting Party must pay the benefit as determined earlier in connection with the occupational disease in these cases, too, whereas the competent institution
the other Contracting Party shall provide the difference in benefit which may be determined between the benefit due to the deterioration
the already existing disease versus the benefit due to the condition before deterioration.
paragraphs
payment
cash benefits
a Contracting Party provides that the amount
cash benefits shall depend on the number
family members, the competent institution also shall take into account family members residing in the territory
the other Contracting Party. Article 23 Reimbursement
costs related to benefits in kind The competent institution shall reimburse the institution
the other Contracting Party for the expenses actually incurred in connection with the provision
benefits in kind, with the exception
administrative costs. CHAPTER 3 PENSIONS Article 24 Totalization
periods
insurance
a Contracting Party makes the acquisition, retention or recovery
eligibility to a pension conditional upon the completion
periods
insurance, and in case the criteria
eligibility to a pension are not met on the basis
the legislation
a Contracting Party, the competent institution
this Contracting Party shall take into account the periods
insurance completed under the legislation
the other Contracting Party as if these periods were completed under the legislation which it administers, provided that such periods
insurance do not overlap.
the Republic
Albania subordinates the granting
old-age survivors’ or invalidity pensions to the condition that the insurance periods are to be completed in a given occupation, only insurance periods completed or recognised as equivalent in the same occupation in Hungary shall be totalised for admission to entitlement to these pensions. Where the legislation
the Republic
Albania subordinates the granting
old-age survivors’ or invalidity pensions 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 pensions, the said periods shall be considered valid for the determination
the old-age, survivors’ or invalidity pensions provided for in the general scheme
employed person.
periods
insurance to be taken into consideration shall be defined in line with the legislation
the other Contracting Party, pursuant to which these periods
insurance were completed.
one Contracting Party even without the application
paragraphs
this Article, the pension shall be defined by the competent institution
this Contracting Party on the basis
periods
insurance to be taken into account pursuant to the provisions
legislation which it administers. Article 25 Totalization
periods acquired under the legislation
a third country
totalizing the periods
insurance acquired under the legislation
the Contracting Parties, the eligibility
that person for that pension shall be determined by totalizing these periods
insurance with the periods accumulated under the legislation
a third country with which both Contracting Parties are bound by social security legal instruments which provide for the totalization
periods.
the Contracting Parties has concluded an agreement with a third country, this Contracting Party shall totalize the periods
insurance under the legislation
the third country, unless otherwise provided in the agreement concluded with the third country.
this Article shall not apply to periods
insurance acquired under the legislation
a third country with which the Contracting Party has concluded an agreement based on the principle
territoriality. Article 26 Determination
proportional pensions
one
the Contracting Parties only if his insurance periods are totalized, the competent institution shall calculate the amount
pension which this institution should pay, if all periods
insurance acquired pursuant to the legislation
both Contracting Parties were taken into account for the determination
the pension.
the pension calculated according to paragraph
insurance periods completed under its legislation to the insurance period required for full old-age and invalidity pension under its legislation.
the pension calculated according to paragraph
insurance periods completed under its legislation to the total insurance period completed under the legislation
both Contracting Parties. Article 27 The method
calculation
pensions Where under the legislation
one Contracting Party the pensions are calculated on the basis
income or contributions paid, the competent institution
this Contracting Party shall take into account exclusively the income or contribution paid under the legislation which it administers. Article 28 Periods
insurance less than 1 year Where the total periods
insurance completed under the legislation
one Contracting Party does not reach 365 days, provided that no eligibility to pensions exists solely on the basis
this period
insurance, the competent institution
this Contracting Party shall not grant any pension to a period shorter than 365 days. For purposes
completion and accounting, these periods
insurance shall be taken into account by the other Contracting Party as if they had been completed pursuant to its legislation. CHAPTER 4 BENEFITS FOR PERSONS WITH CHANGED WORKING CAPACITY UNDER HUNGARIAN LEGISLATION Article 29 The method
calculation
the benefits
coverage completed solely under the Hungarian laws, the benefit shall be calculated as follows: a) the Hungarian competent institution shall calculate the benefit payable under the Hungarian laws and subtract from that amount any amount
old age or invalidity pension awarded by the competent institution
the other Contracting Party; and b) the Hungarian competent institution shall calculate the benefit payable under the Hungarian laws multiplied by the ratio
periods
coverage completed under the Hungarian laws to the periods
coverage completed under the laws
both Contracting Parties.
the amounts calculated under paragraphs
coverage completed under the laws
both Contracting Parties, the Hungarian competent institution shall calculate the theoretical benefit amount which would be awarded if all periods
coverage under the laws
both Contracting Parties were completed under the laws
Hungary, and multiplying the result by the ratio
periods
coverage completed under Hungarian laws to the total periods
coverage under the laws
both Contracting Parties. The Hungarian competent institution shall pay only the proportion
the benefit calculated by this method.
this Article cannot be decreased by the amount
any benefit awarded by the competent institution
the other Contracting Party.
coverage completed under the laws
Hungary do not exceed 365 days, the Hungarian competent institution shall not award a benefit under the scope
this Article.
Hungarian residence. PART IV MISCELLANEOUS PROVISIONS Article 30 Liaison organisations
the Contracting Parties and shall assist one another in the implementation
the Agreement.
the liaison organisations shall meet alternately in both Contracting Parties in order to discuss subjects related to the application
the Agreement. Article 31 Forms and Detailed Procedures
the Contracting Parties will agree jointly on the forms and detailed procedures necessary to implement the Agreement.
the Contracting Parties shall accept a claim for a benefit or any other request or certificate provided that it is submitted in the agreed form for this purpose. Article 32 Payment
Cash Benefits
the Contracting Parties shall pay their cash benefits without any deduction for their administrative expenses. Article 33 Exchange
Statistical Data The liaison organisations
the Contracting Parties shall exchange annual statistics as
31 December on the number
certificates issued and on the payments granted to beneficiaries pursuant to the Agreement. These statistics shall include the number
beneficiaries and total amount
the benefits, identified by the benefit type paid under the Agreement. These statistics shall be furnished in a form to be agreed upon by the liaison organisations. Article 34 Administrative Collaboration
this Agreement, the competent authorities and the institutions
both Contracting Parties shall assist each other with regard to the determination
entitlement to or payment
any benefit under this Agreement as they would for the application
their own legislation. The assistance referred to in this Article shall be provided without mutual reimbursement
costs.
one Contracting Party provides that any document which is submitted to the competent authority
that Contracting Party shall be exempted, wholly or partly, from fees or charges, including consular and administrative fees, the exemption shall also apply to corresponding documents which are submitted to the competent authority and the institution
the other Contracting Party in the application
this Agreement.
this Agreement shall be exempt from authentication by diplomatic or consular agencies. Copies
documents which are certified as true and exact copies by a competent authority or an institution
one Contracting Party shall be accepted as true and exact copies by the competent authority
the other Contracting Party, without further authentication.
a Contracting Party solely because it is in an
ficial language
the other Contracting Party. Article 35 Medical information and medical examinations
the Contracting Parties.
a Contracting Party requires that a claimant or a beneficiary who resides in the territory
other Contracting Party undergo a medical examination, the institution
the later Contracting Party at the request
the institution
the first Contracting Party, shall make arrangements for carrying out this examination. If a medical examination is exclusively for the use
the institution which requests it, that institution shall reimburse the institution
the other Contracting Party for the costs
the examination. However, if the medical examination is for the use
both institutions, there shall be no reimbursement
costs. Article 36 Equal treatment
claims
one Contracting Party is submitted to an institution
the other Contracting Party which is entitled to accept a claim for granting a benefit under applicable legislation, this claim shall be treated as if it had been submitted to the institution
the first Contracting Party. This provision also shall apply, as appropriate, to other claims as well as statements and legal remedies.
a Contracting Party, to which a claim, a statement or a legal remedy was submitted, shall forward it without delay to the competent authority or organisation
the other Contracting Party, indicating the date
the receipt thereof.
one Contracting Party shall qualify as a claim for a benefit to be provided in keeping with the legislation
the other Contracting Party. This provision shall not be applied if the claimant explicitly requests that the determination
eligibility to a cash benefit acquired according to the legislation
the other Contracting Party be delayed. Article 37 Processing a Claim
one Contracting Party receives a claim
a person, which refers to periods
coverage under the legislation
the other or both Contracting Parties, this institution shall send the claim through the liaison organisation to the institution
the other Contracting Party, indicating the date on which the claim has been received. Along with the claim, it will also transmit to the institution
the other Contracting Party: a) any available documentation that may be necessary for the institution
the other Contracting Party to establish the claimant’s eligibility for the benefit, b) form which will indicate, in particular, the periods
coverage completed under the legislation
the first Contracting Party, c) and, eventually, a copy
its own decision on benefit if it has been taken on.
the other Contracting Party subsequently determines the claimant’s eligibility and notifies its decision to the competent liaison organisation
the first Contracting Party. Along with its decision, it will also transmit, if necessary or upon the request, to the institution
the first Contracting Party: a) any available documentation that may be necessary for the institution
the first Contracting Party to establish the claimant’s eligibility for the benefit, b) form which will indicate, in particular, the periods
coverage completed under the legislation which it applies.
the Contracting Party with which a claim for benefits has been filed shall verify the information pertaining to the claimant and his family members. The type
information to be verified shall be agreed upon by the liaison organisations
the two Contracting Parties. Article 38 Enforceable decisions and the recognition
certificates
the courts
one Contracting Party covered by the scope
this Agreement, or executable decisions
the institutions or authorities concerning social insurance-related contributions or other claims shall be recognised by the courts, authorities and other organisations
the other Contracting Party in accordance with its legislation.
documents may only be refused if it is contrary to the legislation or to the public order
that Contracting Party, in which a judgement or a certificate should be recognised.
the other Contracting Party. An enforcement procedure shall be carried out by applying the respective enforceable legislation
that Contracting Party in whose territory the decisions or certificates concerned are to be executed. Confirmation that the decisions or certificates are enforceable must be stated on the authentic copy
these documents (enforcement clause).
one Contracting Party shall be taken into consideration during enforcement, bankruptcy and settlement, liquidation and final settlement procedures to be executed in the territory
the other Contracting Party in the same way as corresponding claims laid in the territory
the Contracting Party concerned. Article 39 Delivery and languages
communication
the Contracting Parties may, for the purpose
implementing this Agreement and for applying the applicable legislation in relation to the material scope
this Agreement, communicate directly with one another and with the persons concerned or their representatives in any
ficial language
either Contracting Party in accordance with its legislation.
the Contracting Parties may not reject claims or certificates submitted to them on the grounds that they are written in an
ficial language
the other Contracting Party.
a return receipt, and other documents in registered mail, directly to the person staying in the territory
the other Contracting Party. Article 40 Data protection
this Agreement and in accordance with the legislation applicable in both Contracting Parties, personal data including health data necessary for the implementation
the Agreement are to be transferred, in keeping with applicable legislation in effect in the territories
the Contracting Parties, the following provisions shall be applied: a) For the purpose
implementing this Agreement and the legislation covered by the scope
this Agreement, data may be disclosed by one Contracting Party to the institutions
the other Contracting Party. The receiving Contracting Party may process and use this data for such purposes. In all other cases, data may be disclosed to other institutions exclusively with the prior consent
the transmitting institutions and in accordance with the national legislation applicable to such institution. b) The institution receiving such data shall, upon request and in individual cases, inform the institution providing data
the purpose for which it has used the data disclosed and the results
such use. c) The institution providing data must ensure that the data to be disclosed is accurate, and is necessary from the point
view
the purpose
data disclosure. At the same time, all valid data provision prohibitions must be taken into consideration, pursuant to the national legislation
that Contracting Party. If it becomes evident that the data disclosed is incorrect, or may not have been disclosed under the legislation
the Contracting Party providing the data, the receiving institution shall be notified without delay, and it shall correct or delete such data, as appropriate. d) The person concerned, upon his/her request, shall be given information on the data about him/her, about the source
the data and the purpose
using such data, on the legal basis for and the duration
the use
the data, the name and address
the data processor and its activities related to the data control, and on who has received or shall receive such data. In other respects, the rights
the person concerned with regard to being informed
the data held about him/her shall be subject to the national legislation
the Contracting Party whose institution was requested to provide information. e) Personal data received shall be deleted without delay when, pursuant to the legislation
the Contracting Party receiving such data, it becomes unnecessary for the purpose
the disclosure. f) The transmission and receipt
personal data shall be recorded both by the transmitting and by the receiving institutions. g) Both the transmitting and the receiving institutions shall ensure the effective protection
personal data, in accordance with their respective national legislations, against breaches, including but not limited to, unauthorized access, illegal alterations and unauthorized disclosure. h) On request
the person involved, both the receiving and the transmitting Contracting Parties shall correct the incorrect data processed by them respectively delete or deny access to data handled illegally. The other Contracting Party shall be immediately informed
such correction, deletion or denial
access. i) The Contracting Parties will ensure that the adherence to the data protection requirements set forth in this Agreement is monitored by organizations which are independent from the institutions in accordance with the respective legislations
the Contracting Parties. In the event
breach
rights related to data protection, the affected persons shall be entitled to legal remedy, including a judicial remedy, in accordance with the respective national legislations
the Contracting Parties. j) If the institution
one Contracting Party has disclosed personal data under this Agreement, the receiving institutions
the other Contracting Party, within its responsibility under the domestic legislation applicable to it, may not argue against the person concerned that the data provided was incorrect. Payment
compensation for damages due to incorrect provision
data shall be governed by the legislation
the Contracting Party where the infringement occurred.
this Article shall also be applied, as appropriate, to both corporate and trade secrets. Article 41 Currencies and rates
conversion
this Agreement shall do so in the
ficial national currency
their country. When, according to the legislation
a Contracting Party, the person concerned might decide to have the benefit paid in other than the national currency
the Contracting Party providing the benefit, the expenses incurred and the risk
exchange shall be borne by the person concerned. The expenses related to the transfer
benefits abroad shall be governed by the legislation
the Contracting Party providing the benefit.
one Contracting Party is to make payments to the institution
the other Contracting Party, these payments shall be made in the
ficial currency
the other Contracting Party, provided that it is convertible. Otherwise payments have to be made in euro.
amounts due from either Party under the provisions
this Agreement.
this Agreement shall be carried out on the basis
rules which are in force in the territory
the Contracting Party which pays the benefit at the date
such payment. Article 42 Obligation
repayment Where the institution
a Contracting Party made undue or mistaken payment
a cash benefit, the amount thus paid may be deducted from the benefit
a same type paid according to the legislation
the other Contracting Party, in favour
the institution concerned. Article 43 Resolution
Disagreement Any disagreement regarding the interpretation or application
this Agreement shall be resolved by consultation between the competent authorities
the Contracting Parties. If the Competent Authorities cannot reach a solution, they can in accordance with international law resort to arbitration. Article 44 Additional administrative procedures
this Agreement are laid down in Annex „Administrative Procedures”
this Agreement.
this Agreement and have the same legal effect. PART V TRANSITIONAL AND FINAL PROVISIONS Article 45 Eligibility on the basis
this Agreement
entry into force
this Agreement at the earliest.
this Agreement account has to be taken
the legally significant circumstances that existed pursuant to the applicable legislation
both Contracting Parties before the coming into force
this Agreement.
this Agreement shall not hinder the application
this Agreement.
this Agreement may be redetermined, upon request, within one year after the entry into force
this Agreement, if a change occurs due exclusively to the provisions
this Agreement.
entry into force
this Agreement, the pension shall be paid as it was previously determined. Article 46 Obligation
Hungary relating to this Agreement according to its membership in the European Union The present Agreement shall in no way prejudice the obligations
Hungary as a member state
the European Union. Consequently the provisions
the present Agreement shall not be invoked or interpreted in such a way as to invalidate or otherwise affect the obligations
Hungary imposed by the Treaties on which the European Union is founded. Article 47 Entry into Force
this Agreement This Agreement shall have to be confirmed. The Contracting Parties shall notify each other through diplomatic channels on the completion
internal procedures necessary for the entry into force. This Agreement shall enter into force on the first day
the fourth month following the last notification. Article 48 Duration
Validity
this Agreement
time. Both Contracting Parties shall have the right to denounce this Agreement by the end
any calendar year by giving written notice
three months, through diplomatic channels.
the Agreement shall continue to be applied with respect to eligibilities and benefits acquired until the date
termination. Limitative provisions on the exclusion
any claim due to staying abroad, or on suspension or withdrawal
benefits shall be disregarded with respect to such claims if the place
stay
the concerned person is in the territory
the other Contracting Party. In witness whereof, the duly authorised representatives
the Parties hereto have signed this Agreement and set their seals hereunto. Done in Tirana on the day
any divergence
interpretation, the English text shall prevail. (aláírások) Annex Administrative Procedures PART I GENERAL PROVISIONS 1. Liaison Organizations Pursuant to paragraph
the Agreement, the followings are designated as liaison organizations: for Hungary, a) regarding Chapter 3
the Agreement (Pensions), the compulsory pension insurance body, b) regarding Chapter 4
the Agreement, the rehabilitation and social body, and c) regarding any other cases, the compulsory health insurance body; for the Republic
Albania,
the Agreement, the competent institutions shall be: in Hungary, a) regarding Part II, Chapter 1 and 2
the Agreement, the compulsory health insurance body and health insurance bodies
the capital and county government
fices, b) regarding pensions and accident annuity provided under Chapter 2
the Agreement and regarding pensions under Chapter 3
the Agreement, the compulsory pension insurance body and its central pension insurance body, c) regarding Chapter 4
.
the Agreement, the rehabilitation and social body and the rehabilitation bodies
the capital and county government
fices; in the Republic
Albania,
periods
insurance 3.1. To benefit from the provisions
the Agreement, the person concerned is required to submit to the competent institution a certificate indicating the periods
insurance completed which is issued by the Contracting Party to the legislation
which the person concerned was previously subject to. The certificate shall be issued upon the request
the person concerned: in Hungary by the compulsory health insurance body and health insurance bodies
the capital and county government
fices; in the Republic
Albania by the compulsory social insurance body. 3.2. If the person concerned does not submit the certificate, the competent institution shall contact the competent institution or the liaison organization in case the competent institution is unknown
the Contracting Party to whose legislation the person concerned was previously subject to obtain the certificate. 3.3. Any insured person, who has received benefits in kind without complying with the criteria laid down in paragraph (a)
the Agreement, shall have the right to be reimbursed by the competent institution upon the submission
the relevant supporting documents in accordance with the legislation
the Contracting Party that the competent institution applies.
benefits in kind provided by the institution
the place
stay under Article 15
the Agreement shall be made by the competent institution on the basis
the actual expenses taking into account the submitted supporting documents. 4.2. The reimbursement referred to in point 4.1.
this Annex is due in each calendar year, within twelve months following the introduction
the claims. CHAPTER 2 ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES 5. Cash benefits in case
stay or in case
residence in the territory
the other Contracting Party 5.1. In order to draw cash benefits under paragraph
and Article 21
the Agreement, the person concerned shall, within a reasonable time, in line with national legislation, notify his/her incapacity for work to the institution
the place
stay or residence, by submitting a certificate
incapacity for work issued according to the national legislation. 5.2. On the request
the competent institution, the institution
the place
stay or residence shall subsequently carry out any necessary administrative checks or medical examinations
the person concerned as if he was insured with that institution and shall notify the results to the competent institution. The competent institution retains the right to have the person concerned examined according to its national legislation, at its own expenses. 5.3. As soon as the institution
the place
stay or residence establishes that the person concerned is fit to resume work, it shall forthwith notify the person concerned and the competent institution thereof, stating the date on which the concerned person’s incapacity ceased. Without prejudice to the provisions
point 5.5
this Annex, the notification to the person concerned shall be treated as a decision taken on behalf
the competent institution. 5.4. If the competent institution itself decides that the person concerned is fit to resume work, it shall notify the person concerned
its decision and shall simultaneously send a copy
such decision to the institution
the place
stay or residence. If, in such case, two different dates for the end
the incapacity for work are appointed by the institution
the place
stay or residence and by the competent institution respectively, the date appointed by the competent institution shall prevail. 5.5. If the competent institution decides to withhold the cash benefits because the person concerned has not complied with the control rules, it shall notify the person concerned
its decision and shall simultaneously send a copy
such decision to the institution
the place
stay or residence. 5.
transfer
the residence
a person eligible for the cash benefits referred to in Articles 20 and 21
the Agreement, the administrative and medical control is carried out by the institution
the place
residence at the request
the competent institution. 6. Assessment
the degree
incapacity for work in case
an accident at work or occupational disease that occurred previously The competent institutions may contact each other to obtain information they deem necessary regarding assessment
the degree
incapacity for work, in case it is necessary to assess the degree
incapacity for work, to confer entitlement to benefits and to determine the amount
the benefits in cases referred to Articles 20 and 21
the Agreement. 7. Deterioration
an occupational disease In the case referred to in paragraph
the Agreement, the person concerned is required to submit to the competent institution
the Contracting Party from which the person claims entitlement to benefits all information on the benefits awarded previously for the occupational disease considered. CHAPTER 3 OLD-AGE, SURVIVORS AND INVALIDITY 8. Processing
claims for pensions or other benefits 8.1. The claimant shall submit his claim for benefits under the legislation
the other Contracting Party to the competent institution
the state
residence or directly to the competent institution
the other Contracting Party. A claim that is submitted to the competent institution
the state
residence shall be submitted in accordance with the procedure laid down by the legislation
the state
residence. If the claim is submitted directly to the competent institution
the other Contracting Party, it shall be submitted in accordance with the procedure laid down by the legislation
that Contracting Party. a) If the claim is submitted in the Republic
Albania, the competent institution
the place
residence shall forthwith forward the claim to the Hungarian liaison organization, using the appropriate forms. b) If the claim is submitted in Hungary, the competent institution
the place
residence shall forthwith forward the claim, to the Albanian liaison organization, using the appropriate forms. c) If the Republic
Albania is the State
residence, the Albanian competent institution shall, when it forwards the claim, notify the Hungarian liaison organization whether or not it agrees with the direct payment
the arrears in favour
the claimant. d) If Hungary is the State
residence, the Hungarian competent institution shall, when it forwards the claim, notify the liaison organization
the Republic
Albania whether or not it agrees with the direct payment
the arrears in favour
the claimant. 8.
the competent institutions shall determine the claimant’s entitlement and shall notify its decision to the liaison organization
the other Contracting Party and send a copy
the decision to the claimant. The periods allowed for appeals start on the date the claimant receives the decision. b) This competent institution shall communicate the amount it must claim back as compensation on the benefit arrears. 8.4. When the liaison organization or the competent institution
the Contracting Party
residence knows that a beneficiary
invalidity, old-age or survivor’s pensions or other benefits
the other Contracting Party, has not entirely stopped all professional activities or has effectively resumed such activities, it shall forthwith inform the liaison organization
the latter Contracting Party thereof. 8.5. The liaison organization or the competent institution
the Contracting Party where a beneficiary
invalidity, old-age or survivor’s pensions or other benefits
the other Contracting Party resides, shall inform the liaison organization
the latter Party
the decease
this beneficiary. PART III COMMON PROVISION FOR CHAPTERS 1 AND 3
PART III
THE AGREEMENT REGARDING THE ADMINISTRATIVE AND MEDICAL CONTROL
a Contracting Party shall provide, upon request, without cost, to the liaison organization
the other Contracting Party such medical information and documentation which are in its possession concerning the incapacity for work
a claimant or beneficiary. 9.2. On receipt
a detailed statement
the costs incurred, the liaison organization
the first Contracting Party shall, without delay, reimburse the liaison organization
the other Contracting Party for the amounts due as a result
applying paragraph
the Agreement.” 4. §
MI-magyarázat a hivatalos jogszabályszöveg alapján. Tájékoztató jellegű, nem helyettesíti a jogi tanácsadást.