Ez a törvény a Magyarország és Japán közötti szociális biztonságról szóló egyezményt hirdeti ki, amely a két ország közötti szociális biztonsági kapcsolatokat szabályozza. Célja, hogy meghatározza, melyik ország jogszabályai alkalmazandók a szociális biztonság területén az érintett személyekre.
regulating their mutual relations in the field
social security, Have agreed as follows: PART I GENERAL PROVISIONS Article 1 Definitions 1. For the purpose
this Agreement, (
Hungary, in accordance with the law on nationality, as regards Japan, a Japanese national within the meaning
the law on nationality
Japan; (c) „legislation” means, as regards Hungary, the laws and regulations
Hungary relating to the schemes and systems
social security, specified in paragraph 2
, as regards Japan, the laws and regulations
Japan concerning the Japanese pension systems and the Japanese health insurance systems specified in paragraph 1
; (d) „competent authority” means, as regards Hungary, the Ministers, Ministries or other relevant authorities
Hungary responsible for social security schemes and systems regulated by the legislation
Hungary, as regards Japan, any
the Governmental organizations competent for the Japanese pension systems and the Japanese health insurance systems specified in paragraph 1
; (e) „competent institution” means, as regards Hungary, the institutions or the authority responsible, in each case, for the implementation
the legislation
Hungary, as regards Japan, any
the insurance institutions, or any association thereof, responsible for the implementation
the Japanese pension systems and the Japanese health insurance systems specified in paragraph 1
; (f) „period
coverage” means, as regards Hungary, periods
contribution payment and any other periods which are considered as the periods
contribution payment by the legislation
Hungary, as regards Japan, a period
contributions under the legislation
Japan concerning the Japanese pension systems specified in paragraph 1 (a)(i) to (v)
, and any other period taken into account under that legislation for establishing entitlement to benefits, however, a period which shall be taken into account, for the purpose
establishing entitlement to benefits under that legislation, pursuant to other agreements on social security comparable with this Agreement shall not be included; (g) „benefit” means, as regards Hungary, a pension or any other cash benefit under the legislation
Hungary, including any complement, supplement or increase, which is payable in addition to that benefit to a person who is qualified under that legislation, as regards Japan, a pension or any other cash benefit under the legislation
Japan. 2. For the purpose
this Agreement, any term not defined in this Agreement shall have the meaning assigned to it under the respective legislation
either Contracting State. Article 2 Matters Covered This Agreement shall apply, 1. as regards Japan, (
ficials; (iv) the Mutual Aid Pension for Local Public
ficials and Personnel
Similar Status (except the pension system for members
local assemblies); and (
this Agreement, the National Pension shall not include the Old Age Welfare Pension or any other pensions which are granted on a transitional or complementary basis for the purpose
welfare and which are payable wholly or mainly out
national budgetary resources; and (
ficials (Law No. 128, 1958); (v) the Law Concerning Mutual Aid Association for Local Public
ficials and Personnel
Similar Status (Law No. 152, 1962); (vi) the Law Concerning Mutual Aid for Private School Personnel (Law No. 245, 1953); and (vii) the Law Concerning the Security
Healthcare Treatment for Senior Citizens (Law No. 80, 1982); however, for the purpose
this Agreement, Articles 5, 14 to 21, 26, 27, 30 (except for paragraph 3) and paragraph 2
shall only be applicable to the Japanese pension systems referred to in (a)
this paragraph; and 2. as regards Hungary, to the laws and regulations concerning: (a) the insurance obligation and the payment
contribution covering social insurance benefits and benefits paid in case
unemployment; and (b) the social insurance pension benefits; however, the laws and regulations specified in this paragraph shall not include treaties or other international agreements on social security concluded or which may be concluded between Hungary and a third state, or laws and regulations promulgated for their specific implementation. Article 3 Persons Covered This Agreement shall apply to a person who is or has been subject to the legislation
a Contracting State, as well as family members or survivors who derive rights from such person. Article 4 Equality
Treatment Unless otherwise provided in this Agreement, the persons specified in Article 3, who ordinarily reside in the territory
a Contracting State, shall receive equal treatment with nationals
that Contracting State in the application
the legislation
that Contracting State. For the purposes
this Article, as regards the application
the legislation
Hungary, „to ordinarily reside” means to stay with the intention
staying continuously longer than three months from the date
first entry relating to that stay into Hungary. Article 5 Payment
Benefits Abroad 1. Unless otherwise provided in this Agreement, any provision
the legislation
a Contracting State which imposes restriction
entitlement to or payment
benefits solely because the person ordinarily resides outside the territory
that Contracting State shall not be applicable to persons who ordinarily reside in the territory
the other Contracting State. 2. Benefits under the legislation
a Contracting State shall be paid to nationals
the other Contracting State who ordinarily reside in the territory
the third state, under the same conditions as if they were nationals
the first Contracting State. 3. For the purposes
this Article, as regards the application
the legislation
Hungary, „to ordinarily reside” means to stay with the intention
staying continuously longer than three months from the date
first entry relating to that stay into Hungary. PART II PROVISIONS CONCERNING THE APPLICABLE LEGISLATION Article 6 General Provisions Unless otherwise provided in this Agreement, a person who works as an employee or a self-employed person in the territory
a Contracting State shall, with respect to that employment or self-employment, be subject only to the legislation
that Contracting State. Article 7 Special Provisions for Employees and Self-Employed Persons 1. Where a person who is covered under the legislation
a Contracting State and has an employment contract with an employer with a place
business in the territory
that Contracting State is sent by that employer from that territory to work in the territory
the other Contracting State and no other employment contract with respect to that work is concluded by that person, the employee shall be subject only to the legislation
the first Contracting State as if that employee were working in the territory
the first Contracting State, provided that the planned period
such detachment is not expected to exceed five years. 2. Where a person to whom paragraph 1
this Article is not applicable and who is covered under the legislation
a Contracting State and has one employment contract with an employer with a place
business in the territory
that Contracting State also concludes another employment contract with a related employer
that employer after being sent by that employer from the territory
that Contracting State to work in the territory
the other Contracting State, and in case where that related employer has a place
business in the territory
that other Contracting State, the employee shall be subject only to the legislation
the first Contracting State as if that employee were working in the territory
the first Contracting State, provided that the planned period
such detachment is not expected to exceed five years. The scope
the related employer referred to in this paragraph may be agreed upon between the Governments
the Contracting States. 3. If the detachment referred to in paragraphs 1 and 2
this Article continues beyond the planned period
that detachment, the competent authorities
both Contracting States or the competent institutions designated by them may agree once, at the joint request
that employee and employer, that the employee remains subject only to the legislation
the first Contracting State. The total period
that detachment, including the period
extension
the application
the legislation
the first Contracting State according to this paragraph, shall not exceed six years. 4. Paragraphs 1 and 2
this Article shall apply where an employee who has been sent by an employer from the territory
a Contracting State to the territory
the third state is subsequently sent by that employer from the territory
that third state to the territory
the other Contracting State. 5. Where a person who is covered under the legislation
a Contracting State and who ordinarily works as a self-employed person in the territory
that Contracting State, works temporarily as a self-employed person only in the territory
the other Contracting State, that person shall be subject only to the legislation
the first Contracting State as if that person were working in the territory
the first Contracting State, provided that the planned period
the self-employed activity in the territory
the other Contracting State is not expected to exceed five years. 6. If the self-employed activity in the territory
the other Contracting State referred to in paragraph 5
this Article continues beyond the planned period
that self-employed activity, the competent authorities
both Contracting States or the competent institutions designated by them may agree once, at the request
that self-employed person, that the self-employed person remains subject only to the legislation
the first Contracting State. The total period
that self-employed activity, including the period
extension
the application
the legislation
the first Contracting State according to this paragraph, shall not exceed six years. Article 8 Special Provisions for Employees on an Aircraft A person who works as an employee on an aircraft in international traffic shall, with respect to that employment, be subject only to the legislation
the Contracting State in whose territory the employer is located. Article 9 Members
Diplomatic Missions, Members
Consular Posts and Civil Servants 1. This Agreement shall not affect the provisions
the Vienna Convention on Diplomatic Relations
April 18, 1961, or the Vienna Convention on Consular Relations
April 24,
this Article, where any civil servant
Japan or any person treated as such in the legislation
Japan is sent to work in the territory
Hungary, that person shall be subject only to the legislation
Japan as if that person were working in the territory
Japan. 3. Subject to paragraph 1
this Article, where any civil servant, public employees
Hungary or any person treated as such in the legislation
Hungary is sent to work in the territory
Japan, that person shall be subject only to the legislation
Hungary as if that person were working in the territory
Hungary. Article 10 Exceptions to Articles 6 to 9 At the joint request
an employee and an employer or at the request
a self-employed person, the competent authorities
both Contracting States or the competent institutions designated by them may by taking into account the nature and circumstances
the employment or self-employment, agree to grant an exception to Articles 6 to 9 in the interest
particular persons or categories
persons, provided that such persons or categories
persons shall be subject to the legislation
either
the Contracting States. Article 11 Spouse and Children 1. While a person works in the territory
Japan and is subject only to the legislation
Hungary in accordance with Article 7, paragraph 3
or Article 10, the spouse or children coming with that person shall be exempted from: (a) the legislation
Japan concerning the Japanese pension system specified in paragraph 1 (a)(i)
, provided that the requirements specified in the legislation
Japan concerning the enforcement
the agreements on social security are fulfilled; and/or (b) the legislation
Japan concerning the Japanese health insurance system specified in paragraph 1 (b)(iii) and (vii)
, provided that those spouse or children are covered under the legislation
Hungary concerning the health insurance benefits (benefits in kind) and that the requirements specified in the legislation
Japan concerning the enforcement
the agreements on social security are fulfilled. 2. However, when those spouse or children so request, subparagraphs (a) and/or (b)
paragraph 1
this Article shall not apply. Article 12 Certification
Coverage 1. The liaison agency designated by the competent authority
a Contracting State in accordance with the provisions
paragraph 1 (b)
shall certify, upon request
the employee and his or her employer or the self-employed person, that the employee or self-employed person is subject to the legislation
that Contracting State. 2. The liaison agency
Hungary shall, upon request
the spouse or children, certify that those spouse or children are subject to the legislation
Hungary concerning the health insurance benefits (benefits in kind). Article 13 Compulsory Coverage Articles 6 to 8, paragraphs 2 and 3
and Article 11 shall apply only to compulsory coverage under the legislation
each Contracting State. Article 7 shall not apply to a person who is employed in the territory
Japan by an employer with a place
business in the territory
Japan or ordinarily works as a self-employed person in the territory
Japan, if that person is not covered under the legislation
Japan concerning the Japanese pension systems specified in paragraph 1 (a)(i) to (v)
. PART III PROVISIONS CONCERNING BENEFITS Chapter 1 Provisions concerning Japanese Benefits Article 14 Totalization for Japanese Old-age Benefits and Survivors’ Benefits 1. Where a person does not have sufficient periods
coverage to fulfill the requirement for entitlement to old-age benefits and survivors’ benefits under the legislation
Japan, the competent institution
Japan shall take into account, for the purpose
establishing entitlement to those benefits under this Article, the periods
coverage under the legislation
Hungary insofar as they do not coincide with the periods
coverage under the legislation
Japan. However, the foregoing shall not apply to the additional pension for specified occupations under the mutual aid pensions and the lump-sum payments equivalent to the refund
contributions. 2. In applying paragraph 1
this Article, the periods
coverage under the legislation
Hungary shall be taken into account as periods
coverage under the Japanese pension systems for employees and as corresponding periods
coverage under the National Pension. 3. In applying this Article, any period
coverage under the legislation
Hungary whose period
time is not specified shall not be taken into account. Article 15 Special Provisions concerning Survivors’ Benefits 1. Where the legislation
Japan requires for entitlement to survivors’ benefits (except the lump-sum payments equivalent to the refund
contributions) that the date
the first medical examination or
death lies within specified periods
coverage, this requirement shall be deemed to be fulfilled for the purpose
establishing entitlement to that benefit if such a date lies within the periods
coverage under the legislation
Hungary. However, if entitlement to survivors’ benefits (except the lump-sum payments equivalent to the refund
contributions) under the National Pension is established without applying this Article, this Article shall not be applied for the purpose
establishing entitlement to survivors’ benefits (except the lump-sum payments equivalent to the refund
contributions) based on the same insured event under the Japanese pension systems for employees. 2. In applying this Article, any period
coverage under the legislation
Hungary whose period
time is not specified shall not be taken into account. 3. In applying paragraph 1
this Article, as regards a person who possesses periods
coverage under two or more Japanese pension systems for employees, the requirement referred to in that paragraph shall be deemed to be fulfilled for one
those pension systems in accordance with the legislation
Japan. 4. Paragraph 1
shall not affect the provisions
the legislation
Japan which require a person who is aged 60 or over but under 65 on the date
the first medical examination or
the death to reside ordinarily in the territory
Japan for the acquisition
entitlement to the Disability Basic Pension or the Survivors’ Basic Pension. Article 16 Calculation
the Amount
Japanese Old-age Benefits and Survivors’ Benefits 1. Where entitlement to an old-age benefit and survivors’ benefit under the legislation
Japan is established by virtue
paragraph 1
or paragraph 1
, the competent institution
Japan shall calculate the amount
that benefit in accordance with the legislation
Japan, subject to paragraphs 2 to 5
this Article. 2. With regard to the Survivors’ Basic Pension and other benefits, the amount
which is a fixed sum granted regardless
the period
coverage, if the requirements for receiving such benefits are fulfilled by virtue
paragraph 1
or paragraph 1
, the amount to be granted shall be calculated according to the proportion
the sum
the periods
contribution and the premium-exempted periods under the pension system from which such benefits will be paid to the sum
those periods
contribution, those premium-exempted periods and the periods
coverage under the legislation
Hungary. 3. With regard to survivors’ benefits under the Japanese pension systems for employees, insofar as the amount
those benefits to be granted is calculated on the basis
the specified period determined by the legislation
Japan when the periods
coverage under those systems are less than that specified period, if the requirements for receiving such benefits are fulfilled by virtue
paragraph 1
or paragraph 1
, the amount to be granted shall be calculated according to the proportion
the periods
coverage under the Japanese pension systems for employees to the sum
the periods
coverage and the periods
coverage under the legislation
Hungary. However, when the sum
the periods
coverage exceeds that specified period, that sum
the periods
coverage shall be regarded as equal to that specified period. 4. With regard to the calculation
the amount
benefits under the Japanese pension systems for employees in accordance with paragraphs 2 and 3
this Article, if the person entitled to the benefits possesses periods
coverage under two or more such pension systems, the periods
contribution under the pension system from which such benefits will be paid referred to in paragraph 2
this Article or the periods
coverage under the Japanese pension systems for employees referred to in paragraph 3
this Article shall be the sum
the periods
coverage under all such pension systems. However, when the sum
the periods
coverage equals or exceeds the specified period determined by the legislation
Japan within the meaning
paragraph 3
this Article, the method
calculation stipulated in paragraph 3
this Article and this paragraph shall not apply. 5. With regard to the Additional Pension for Spouses which is included in the Old-age Employees’ Pension and any other benefits that may be granted as a fixed sum in cases where the periods
coverage under the Japanese pension systems for employees equal or exceed the specified period determined by the legislation
Japan, if the requirements for receiving such benefits are fulfilled by virtue
paragraph 1
, the amount to be granted shall be calculated according to the proportion
those periods
coverage under the Japanese pension systems for employees from which such benefits will be paid to that specified period. Article 17 Exception to Article 4 Article 4 shall not affect the provisions on complementary periods for Japanese nationals on the basis
ordinary residence outside the territory
Japan under the legislation
Japan. Chapter 2 Provisions concerning Hungarian Benefits Article 18 Totalization 1. Where the legislation
Hungary requires to fulfill certain periods
coverage for establishing entitlement to a benefit and a person does not have sufficient periods
coverage for a full benefit, the competent institution
Hungary shall take into account the periods
coverage completed under the legislation
Japan as if these periods
coverage were completed under legislation
Hungary, provided that such periods
coverage do not overlap. 2. If a Hungarian benefit has been awarded, accumulation
additional periods
coverage under the legislation
Japan shall not result in any revision or recalculation
the Hungarian benefit. Article 19 Calculating the Amount
Hungarian Partial Benefits 1. If entitlement to a benefit under the legislation
Hungary can be established by virtue
paragraph 1
, the competent institution
Hungary: (a) shall calculate the theoretical amount
the benefit which would be paid if the totalized periods
coverage completed under the legislation
both Contracting States had been completed under the legislation
Hungary; and (b) on the theoretical amount calculated in accordance with (a)
this paragraph, shall determine the actual amount
benefit payable by applying the ratio
the length
the periods
coverage completed under the legislation
Hungary to the total periods
coverage completed under the legislation
both Contracting States. 2. For purposes
paragraph 1
this Article, the income earned during the periods
coverage completed under the legislation
Hungary and the contributions paid under that legislation shall be taken into account. Article 20 Concurrence
Benefits The provisions in the legislation
Hungary which excludes or limits entitlement to benefits or payments
benefits in the case
concurrence with entitlement to or payments
any other benefits under the legislation
Hungary, or any other incomes, shall also be applied, as appropriate, in the cases
concurrence with entitlement to or payments
the benefits under the legislation
Japan. Article 21 Period
Coverage less than One Year If the periods
coverage completed under the legislation
Hungary are less than one year and do not result in any right to benefits, then the competent institution
Hungary shall not apply the provisions
paragraph 1
PART IV MISCELLANEOUS PROVISIONS Article 22 Administrative Collaboration 1. The competent authorities
both Contracting States shall: (a) agree on the administrative measures necessary for the implementation
this Agreement; (b) designate liaison agencies which may communicate directly to each other in order to facilitate the implementation
this Agreement; and (c) communicate to each other, as soon as possible, all information about changes to their respective legislation insofar as those changes affect the implementation
this Agreement. 2. The liaison agencies shall be entitled, with the involvement
the competent authorities, to agree on necessary and appropriate measures in order to facilitate the implementation
this Agreement. 3. The competent authorities and competent institutions
both Contracting States, within the scope
their respective competence, shall provide any assistance necessary for the implementation
this Agreement. This assistance shall be provided free
charge. Article 23 Charges or Fees and Legalization 1. Insofar as the legislation and other relevant laws and regulations
a Contracting State contain provisions on an exemption or reduction
administrative charges or consular fees for documents to be submitted under the legislation
that Contracting State, those provisions shall also apply to documents to be submitted in the application
this Agreement and the legislation
the other Contracting State. 2. Documents which are presented for the purpose
this Agreement and the legislation
a Contracting State shall not require legalization or any other similar formality by diplomatic or consular authorities. Article 24 Communication 1. In implementing this Agreement, the competent authorities and competent institutions
both Contracting States may communicate directly in Hungarian, Japanese or English language with each other and with any person concerned wherever the person may reside. Decisions and other documents under the legislation
Hungary may be delivered directly to the persons concerned who reside in the territory
Japan by registered mail. 2. In implementing this Agreement, the competent authorities and competent institutions
a Contracting State may not reject applications or any other documents for the reason that they are written in Hungarian, Japanese or English language. Article 25 Transmission and Confidentiality
Information 1. The competent authorities or competent institutions
each Contracting State shall transmit, in accordance with its legislation and other relevant laws and regulations, personal data collected under its legislation to the competent authorities or competent institutions
the other Contracting State insofar as they are necessary for the implementation
this Agreement. 2. The competent authorities or competent institutions
each Contracting State may, upon the request
the competent authorities or competent institutions
the other Contracting State, transmit, in accordance with its legislation and other relevant laws and regulations, personal data collected under its legislation to the competent authorities or competent institutions
that other Contracting State insofar as they are necessary for the implementation
the legislation
that other Contracting State. 3. With regard to transmission in accordance with the provisions
paragraphs 1 and 2
this Article, personal data shall be protected in accordance with the legislation and other relevant laws and regulations
the Contracting States and the following provisions: (a) the transmitted personal data may be used by the receiving body only for the purpose
the implementation
this Agreement, unless use for other purposes is mandatory under the laws and regulations
the receiving State for such specific purposes as the interests protected by criminal law and taxation; (b) in individual cases the receiving body shall, upon the request
the transmitting body, inform that body
the purpose
use
the transmitted personal data and the results obtained thereof; (c) the transmitting body shall ensure that the data to be transmitted are correct and limited to the extent necessary for the purpose
the transmission. Provisions regarding prohibition
transmission
personal data under the legislation and other relevant laws and regulations
the transmitting State must be taken into consideration. If it becomes evident that incorrect data or data whose transmission is incompatible with the laws and regulations
the transmitting State were transmitted, the transmitting body shall immediately notify the receiving body
this fact. In this case the receiving body shall correct or delete this data immediately; (d) the transmitting body and the receiving body shall, upon the request
the person concerned, inform that person
any personal data about him or her,
the purpose
, the legal basis for and the duration
the use
that data, and
the recipient
that data; (e) transmitted personal data shall be deleted by the receiving body in accordance with the relevant laws and regulations
the receiving State if they are no longer required for the purpose for which they were transmitted; (f) the transmitting body and the receiving body shall record the transmission and the receipt
personal data; (
a Contracting State to the competent authorities or competent institutions
the other Contracting State pursuant to the provisions
this Agreement submits an appeal to the competent authorities or competent institutions
that other Contracting State, it shall be treated in accordance with the legislation and other relevant laws and regulations
that other Contracting State; (i) on request
the person concerned, the receiving body shall, in accordance with the legislation and other relevant laws and regulations
the receiving State, suspend the use
the data handled illegally or delete such data and shall immediately inform the transmitting body
that suspension or that deletion. On request
the person concerned, the transmitting body shall, in accordance with the legislation and other relevant laws and regulations
the transmitting State, correct the incorrect data handled by the transmitting body, and shall immediately inform the receiving body
that correction; (j) in case
the infringement
the rights related to the personal data protection, appropriate remedial measures shall be taken in accordance with the legislation and other relevant laws and regulations
each Contracting State; and (k) proper processing
personal data referred to in this Article received by a Contracting State shall be implemented in accordance with the laws and regulations
that Contracting State for the protection
confidentiality
personal data. Article 26 Submission
Applications, Appeals and Declarations 1. When a written application for benefits, an appeal or any other declaration under the legislation
one Contracting State is submitted to a competent authority or competent institution
the other Contracting State which is competent to receive similar applications, appeals or declarations under the legislation
that other Contracting State, that application for benefits, appeal or declaration shall be deemed to be submitted on the same date to the competent authority or competent institution
the first Contracting State and shall be dealt with, according to the procedure and legislation
the first Contracting State. 2. The competent authority or competent institution
one Contracting State shall send the application for benefits, appeal or any other declaration submitted in accordance with paragraph 1
this Article to the competent authority or competent institution
the other Contracting State without delay. 3. The submission
an application for a benefit, an appeal or any other declaration under the legislation
one Contracting State shall not automatically initiate a procedure under the legislation
the other Contracting State. When a person also submits the application for a benefit, an appeal or any other declaration to that other Contracting State, the procedure under the legislation
that other Contracting State shall be taken. Article 27 Payment
Benefits 1. Payments
benefits under this Agreement may be made in freely convertible currencies. In case provisions for restricting the exchange
currencies or remittance are introduced by either Contracting State, the Governments
both Contracting States shall immediately consult on the measures necessary to ensure the payments
benefits by that Contracting State under this Agreement. 2. Transfers made under the scope
this Agreement shall be carried out on the basis
laws and regulations which are in force in the territory
the Contracting States at the date
such transfers. Article 28 Resolution
Disagreement Any disagreement regarding the interpretation or application
this Agreement shall be resolved by consultation between the Contracting States. Article 29 Headings The headings
Parts, Chapters and Articles
this Agreement are inserted for convenience
reference only and shall not affect the interpretation
this Agreement. PART V TRANSITIONAL AND FINAL PROVISIONS Article 30 Events and Decisions prior to the Entry into Force 1. This Agreement shall establish entitlement to benefits from the date
entry into force
this Agreement at the earliest. 2. In the implementation
this Agreement, periods
coverage completed before its entry into force as well as other legally relevant facts occurring before its entry into force shall also be taken into account. 3. In applying paragraph 1, 2 or 5
, in the case
a person who has been working in the territory
a Contracting State prior to the entry into force
this Agreement, the planned period
detachment or self-employed activity referred to in paragraph 1, 2 or 5
shall be considered to begin on the date
entry into force
this Agreement. 4. Decisions made in the case
individuals before the entry into force
this Agreement shall not affect any rights to be established by virtue
this Agreement. 5. Where an application for benefit under this Agreement is made within one year from the date
entry into force
this Agreement, any right arising from the implementation
this Agreement shall be acquired on that date or on the earliest relevant date thereafter. If the application is made after one year from the date
entry into force
this Agreement, the date
effect
the determination will be subject to the legislation
the relevant Contracting State. 6. The application
this Agreement shall not, for a beneficiary, result in any reduction in the amount
benefits to which entitlement was established before the entry into force
this Agreement. Article 31 Obligations
Hungary as a Member State
the European Union This Agreement shall not affect rights and obligations
Hungary arising under the law
the European Union or under the EEA Agreement. Article 32 Entry into Force This Agreement shall enter into force on the first day
the month following the month in which the Contracting States shall have completed an exchange
diplomatic notes informing each other that their respective constitutional requirements necessary for the entry into force
this Agreement have been fulfilled. Article 33 Duration and Termination
this Agreement 1. This Agreement shall remain in force for an indefinite period. Either Contracting State may give to the other Contracting State, through diplomatic channels, written notice
termination
this Agreement. In that event, this Agreement shall remain in force until the end
the calendar year following the year in which the notice is given. 2. If this Agreement is terminated in accordance with paragraph 1
this Article, rights regarding entitlement to and payment
benefits acquired under this Agreement shall be retained. Notwithstanding the termination
this Agreement, the paragraph 1
In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement. Done at Budapest on the twenty-third day
August, 2013, in duplicate, in the Hungarian, Japanese and English languages, each text being equally authentic. In case
any divergence
interpretation, the English text shall prevail. (signatures) (Japanese Note) His Excellency Dr. János Martonyi Minister
Foreign Affairs
Hungary Budapest, August 23, 2013 Excellency, I have the honour to refer to paragraph 2
the Agreement between Japan and Hungary on Social Security which was signed today (hereinafter referred to as „the Agreement”) and to confirm, on behalf
the Government
Japan, the following understanding reached between the Government
Japan and the Government
Hungary: Where (
business in the territory
a Contracting State participates directly or indirectly in the management, control or capital
an employer with a place
business in the territory
the other Contracting State, or, (ii) an employer with a place
business in the territory
the other Contracting State participates directly or indirectly in the management, control or capital
an employer with a place
business in the territory
a Contracting State; or, (b) the same natural person, legal person or any other entity participates directly or indirectly in the management, control or capital
an employer with a place
business in the territory
a Contracting State and an employer with a place
business in the territory
the other Contracting State, the employer with a place
business in the territory
the other Contracting State referred to in (a)(i), (
the employer with a place
business in the territory
a Contracting State referred to in (a)(i), (
the Government
Hungary the foregoing understanding shall constitute an agreement between the two Governments under paragraph 2
the said Agreement, which shall enter into force on the same date
the entry into force
the Agreement. I avail myself
this opportunity to extend to Your Excellency the assurance
my highest consideration. Fumio KishidaMinister for Foreign Affairsof Japan (Hungarian Note) His Excellency Fumio Kishida Minister for Foreign Affairs
Japan Budapest, August 23, 2013 Excellency, I have the honour to acknowledge receipt
Your Excellency’s Note
today’s date, which reads as follows: „I have the honour to refer to paragraph 2
the Agreement between Japan and Hungary on Social Security which was signed today (hereinafter referred to as „the Agreement”) and to confirm, on behalf
the Government
Japan, the following understanding reached between the Government
Japan and the Government
Hungary: Where (
business in the territory
a Contracting State participates directly or indirectly in the management, control or capital
an employer with a place
business in the territory
the other Contracting State, or, (ii) an employer with a place
business in the territory
the other Contracting State participates directly or indirectly in the management, control or capital
an employer with a place
business in the territory
a Contracting State; or, (b) the same natural person, legal person or any other entity participates directly or indirectly in the management, control or capital
an employer with a place
business in the territory
a Contracting State and an employer with a place
business in the territory
the other Contracting State, the employer with a place
business in the territory
the other Contracting State referred to in (a)(i), (
the employer with a place
business in the territory
a Contracting State referred to in (a)(i), (
the Government
Hungary the foregoing understanding shall constitute an agreement between the two Governments under paragraph 2
the said Agreement, which shall enter into force on the same date
the entry into force
the Agreement.” I have further the honour to confirm on behalf
the Government
Hungary the foregoing understanding and to agree that Your Excellency’s Note and this Note in reply shall constitute an agreement between the two Governments under paragraph 2
the said Agreement, which shall enter into force on the same date
the entry into force
the Agreement. I avail myself
this opportunity to extend to Your Excellency the assurance
my highest consideration. János MartonyiMinister
Foreign Affairsof Hungary (Japanese Note) His Excellency Dr. János Martonyi Minister
Foreign Affairs
Hungary Budapest, August 23, 2013 Excellency, I have the honour to refer to the Agreement between Japan and Hungary on Social Security which was signed today (hereinafter referred to as „the Agreement”) and the amendments
the laws
Japan concerning the Japanese pension systems which will enter into force on October 1, 2015 (hereinafter referred to as „the amendments
the laws
Japan”). Through the amendments
the laws
Japan, the Employees’ Pension Insurance will be applied to national public
ficials, local public
ficials, private school personnel and personnel
similar status on and after October 1, 2015, the additional pension for specified occupations under the mutual aid pensions will be abolished on October 1, 2015, transitional measures in the light
the abolition
that additional pension will be taken on and after October 1, 2015, and the benefits paid as retirement or other pensions to be introduced on October 1, 2015 (hereinafter referred to as „the benefits paid as retirement or other pensions”) will be granted as an additional pension for national public
ficials, local public
ficials, private school personnel and personnel
similar status on and after October 1, 2015. In this regard, the representatives
the Government
Japan and the Government
Hungary have held discussions on the application
the Agreement on and after October 1, 2015. The following is the understanding
the Government
Japan regarding the results
the above-mentioned discussions: 1. For the purpose
the application
the Agreement, the Japanese pension systems specified in paragraph 1 (a)(ii) to (v)
the Agreement (referred to as the „Japanese pension systems for employees” in the Agreement) shall be unified into the Employees’ Pension Insurance specified in paragraph 1 (a)(ii)
the Agreement on and after October 1, 2015, in the light
the unification
the Japanese pension systems for employees by the amendments
the laws
Japan. The term „the Japanese pension systems for employees” in the Agreement means „the Employees’ Pension Insurance” on and after October 1, 2015. The circumstances to which paragraph 3
and paragraph 4
the Agreement will apply will not exist on and after October 1, 2015, as a result
the unification
the Japanese pension systems for employees into the Employees’ Pension Insurance. 2. For the purpose
the application
paragraph 1
the Agreement, the term „the additional pension for specified occupations under the mutual aid pensions” means, on and after October 1, 2015, such additional pension under the legislation
Japan before the amendments
the laws
Japan that may be granted as transitional measures on and after October 1, 2015, in the light
the abolition
the current additional pension for specified occupations under the Japanese mutual aid pensions by the amendments
the laws
Japan. 3. The Agreement shall not apply to the benefits paid as retirement or other pensions and any identical or substantially similar benefits to be introduced on and after October 1, 2015 in addition to, or in place
, the benefits paid as retirement or other pensions. I have further the honour to propose that, if the above understanding is acceptable to the Government
Hungary, the present Note and Your Excellency’s reply
acceptance shall be regarded as constituting an agreement between the two Governments, which shall enter into force on the same date
the entry into force
the Agreement. I avail myself
this opportunity to renew to Your Excellency the assurance
my highest consideration. Fumio KishidaMinister for Foreign Affairsof Japan (Hungarian Note) His Excellency Fumio Kishida Minister for Foreign Affairs
Japan Budapest, August 23, 2013 Excellency, I have the honour to acknowledge the receipt
Your Excellency’s Note
today’s date, which reads as follows: „I have the honour to refer to the Agreement between Japan and Hungary on Social Security which was signed today (hereinafter referred to as „the Agreement”) and the amendments
the laws
Japan concerning the Japanese pension systems which will enter into force on October 1, 2015 (hereinafter referred to as „the amendments
the laws
Japan”). Through the amendments
the laws
Japan, the Employees’ Pension Insurance will be applied to national public
ficials, local public
ficials, private school personnel and personnel
similar status on and after October 1, 2015, the additional pension for specified occupations under the mutual aid pensions will be abolished on October 1, 2015, transitional measures in the light
the abolition
that additional pension will be taken on and after October 1, 2015, and the benefits paid as retirement or other pensions to be introduced on October 1, 2015 (hereinafter referred to as „the benefits paid as retirement or other pensions”) will be granted as an additional pension for national public
ficials, local public
ficials, private school personnel and personnel
similar status on and after October 1, 2015. In this regard, the representatives
the Government
Japan and the Government
Hungary have held discussions on the application
the Agreement on and after October 1, 2015. The following is the understanding
the Government
Japan regarding the results
the above-mentioned discussions: 1. For the purpose
the application
the Agreement, the Japanese pension systems specified in paragraph 1 (a)(ii) to (v)
the Agreement (referred to as the „Japanese pension systems for employees” in the Agreement) shall be unified into the Employees’ Pension Insurance specified in paragraph 1 (a)(ii)
the Agreement on and after October 1, 2015, in the light
the unification
the Japanese pension systems for employees by the amendments
the laws
Japan. The term „the Japanese pension systems for employees” in the Agreement means „the Employees’ Pension Insurance” on and after October 1, 2015. The circumstances to which paragraph 3
and paragraph 4
the Agreement will apply will not exist on and after October 1, 2015, as a result
the unification
the Japanese pension systems for employees into the Employees’ Pension Insurance. 2. For the purpose
the application
paragraph 1
the Agreement, the term „the additional pension for specified occupations under the mutual aid pensions” means, on and after October 1, 2015, such additional pension under the legislation
Japan before the amendments
the laws
Japan that may be granted as transitional measures on and after October 1, 2015, in the light
the abolition
the current additional pension for specified occupations under the Japanese mutual aid pensions by the amendments
the laws
Japan. 3. The Agreement shall not apply to the benefits paid as retirement or other pensions and any identical or substantially similar benefits to be introduced on and after October 1, 2015 in addition to, or in place
, the benefits paid as retirement or other pensions. I have further the honour to propose that, if the above understanding is acceptable to the Government
Hungary, the present Note and Your Excellency’s reply
acceptance shall be regarded as constituting an agreement between the two Governments, which shall enter into force on the same date
the entry into force
the Agreement.” I have further the honour to confirm on behalf
the Government
Hungary that the foregoing understanding is acceptable to the Government
Hungary and to agree that Your Excellency’s Note and this reply shall be regarded as constituting an agreement between the two Governments, which shall enter into force on the same date
the entry into force
the Agreement. I avail myself
this opportunity to renew to Your Excellency the assurance
my highest consideration. János MartonyiMinister
Foreign Affairsof Hungary (Japanese Note Verbale) Note Verbale The Embassy
Japan in Hungary presents its compliments to the Ministry
Foreign Affairs
Hungary and has the honor to declare with regard to the Agreement on Social Security between Japan and Hungary that the appropriate supervision
the lawfulness
personal data processing is ensured in accordance with relevant laws and regulations
Japan. The Embassy
Japan in Hungary avails itself
this opportunity to renew to the Ministry
Foreign Affairs
Hungary the assurance
its highest consideration. Budapest, 2 September 2013 (Hungarian Note Verbale) Note Verbale The Ministry
Foreign Affairs
Hungary presents its compliments to the Embassy
Japan in Hungary and with reference to the Embassy’s Note Verbale dated 2 September 2013 has the honor to declare with regard to the Agreement on Social Security between Hungary and Japan that the appropriate supervision
the lawfulness
personal data processing is ensured in accordance with relevant laws and regulations
Hungary. The Ministry
Foreign Affairs
Hungary avails itself
this opportunity to renew to the Embassy
Japan in Hungary the assurance
its highest consideration. Budapest, 1 Oktober 2013” 4. §
MI-magyarázat a hivatalos jogszabályszöveg alapján. Tájékoztató jellegű, nem helyettesíti a jogi tanácsadást.