Ez a törvény a Magyarország Kormánya és a Török Köztársaság Kormánya közötti szociális biztonságról szóló Egyezményt hirdeti ki, amely a két ország közötti szociális biztonsági kapcsolatokat rendezi. Célja, hogy a két ország állampolgárai számára biztosítsa a szociális biztonsági ellátásokhoz való hozzáférést, figyelembe véve a másik országban szerzett jogosultságokat.
HUNGARY AND THE GOVERNMENT
THE REPUBLIC
TURKEY ON SOCIAL SECURITY The Government
Hungary and the Government
the Republic
Turkey (hereinafter referred to as „Contracting Parties”) being desirous
regulating their relationship in the field
social security, have agreed as follows: PART I GENERAL PROVISIONS Article 1 Definitions
Terms
this Agreement the terms used shall mean: a) ’Territory’: in relation to Hungary, the territory
Hungary; in relation to the Republic
Turkey, the territory
the Republic
Turkey; b) ’Legislation’: the laws, regulations and other binding provisions which relate to social security schemes specified in paragraph
this Agreement; c) ’Competent Authority’: the Ministers, Ministries or other relevant authorities, responsible for social security schemes regulated by the legislation specified in Article 2
this Agreement; d) ’Competent Institution’: the institution or institutions responsible for implementing the legislation specified in Article 2
this Agreement and/or providing the benefits; e) ’Liaison Bodies’: the bodies designated by the competent authorities for maintaining relations for the purposes
implementing the Agreement; f) ’Residence’: the place where the person concerned permanently stays, in accordance with the legislation
the Contracting Party where the residence is; g) ’Stay’: the place where the person concerned temporarily stays, and in case where the length
the stay is generally in accordance with the accomplishment
the previously fixed purpose
stay; h) ’Insured Person’: the person who is and has been subject to the legislation mentioned in Article 2
this Agreement; i) ’Period
Insurance’: the periods under which insurance contributions have been paid or are deemed equivalent under the legislation specified in Article 2
this Agreement; j) ’Cash Benefits’: pension and any other cash benefit under the applicable legislation, including all increases
such benefits; k) ’Invalidity Benefits’: in relation to Hungary, the benefits for persons with changed working capacity, in relation to the Republic
Turkey, the invalidity pension; l) ’Benefits in Kind’: health, or accidents at work health benefits that are not cash benefits and are provided under the applicable legislation and within the frames
compulsory health insurance; m) ’Family Member’: the person defined or recognised as member
family by the legislation applied by the competent institution; n) ’Beneficiary’: the person acquiring rights by the legislation falling under Article 2
this Agreement; o) ’Survivors’: persons who derive their rights from the deceased insured person under the legislation defined in Article 2
this Agreement.
the Contracting Parties. Article 2 Material Scope
contributions covering social insurance benefits: pensions, health insurance and unemployment, as well as (
Turkey, (i) invalidity, old age, survivor, work accident and occupational diseases, unemployment insurance, and sickness and maternity insurances under the general health insurances in respect
persons employed under a contract
employment by one or more employer, (ii) invalidity, old age, survivor, work accident and occupational diseases and sickness and maternity insurances under the general health insurances in respect
self-employed persons working on their own name and account without a contract
employment, (iii) invalidity, old age, survivor and sickness and maternity insurances under the general health insurances in respect
persons working in public administrations.
this Agreement to the legislation concerning a new social security scheme or a new social insurance branch shall be realized through conclusion
a mutual agreement on the modification
this Agreement between the Contracting Parties for this purpose. Article 3 Personal Scope Unless otherwise provided in this Agreement, the provisions
which shall apply to all persons who had been subject to the legislation
either or both Contracting Parties or are currently subject to the legislation
either Contracting Party, as well as to those persons who derive their rights to a benefit from such persons, in accordance with the legislation in effect
the concerned Contracting Party. Article 4 Equality
Treatment Unless otherwise provided in this Agreement, the persons falling under the scope
the Agreement shall have the same rights and obligations under the legislation
a Contracting Party that the nationals
that Contracting Party have. Article 5 Export
Benefits Unless otherwise provided in this Agreement, the benefits to which entitlement has been acquired under the legislation
either Contracting Party shall not be decreased, modified, suspended or withdrawn, because
the fact that the entitled person ordinarily resides in the territory
the other Contracting Party. Article 6 Overlapping Benefits The provisions in the legislation
either Contracting Party which excludes or limits entitlement to benefits or payments
benefits in the case
concurrence with entitlements to or payments
any other benefits, or any other incomes under the legislation
that Contracting Party, shall also be applied, as appropriate, in the cases
concurrence with entitlement to or payments
the benefits under the legislation
the other Contracting Party. Article 7 Equal Treatment
Facts In cases where a fact, according to the legislation
a Contracting Party, has legal effect on the amount
a benefit or the entitlement, this Contracting Party shall take into account such facts taken place in the territory
the other Contracting Party as if these events had taken place in its own territory. PART II PROVISIONS ON APPLICABLE LEGISLATION Article 8 General Provisions
one
the Contracting Parties shall, with respect to that employment or self-employment, be subject to the legislation
the Contracting Party where he/she performs his/her gainful activity, unless otherwise provided in this Agreement.
fice or permanent commercial representation
the undertaking which is situated in the territory
a Contracting Party other than where it is registered, that person shall be subject to the legislation
the Contracting Party in whose territory such a branch
fice or permanent commercial representation is located. Article 9 Provisions on Posting
one Contracting Party by an employer having its place
business in the territory
that Contracting Party is sent by that employer to work on that employer’s behalf in the territory
the other Contracting Party, that person shall continue to be subject to the legislation
the sending Contracting Party, provided that the expected period
posting does not exceed 24 calendar months and the posting does not take place in order to replace a person posted previously.
one Contracting Party temporarily transfers his or her self-employment activity to the territory
the other Contracting Party, that person shall be subject to the legislation
the first Contracting Party, provided that the expected period
self-employment activity in the territory
the other Contracting Party does not exceed 24 calendar months.
60 months, on the joint request
the employee and the employer or on the personal request
the self-employed person, upon prior approval
the competent authorities, or the competent institutions designated by the competent authorities
both Contracting Parties.
either Contracting Party, shall be subject to the legislation
the Contracting Party in whose administration they are employed. Article 10 Personnel
International Transport Undertakings
a ship that flies the flag
a Contracting Party, shall be subject to the legislation
that Contracting Party.
the travelling or flying personnel
an undertaking which, for hire or on its own account, operates international transport services for passengers or goods by road, rail or air, shall be subject to the legislation
the Contracting Party where the registered
fice
the undertaking is situated. Article 11 Diplomatic Missions and Consular Posts
the Vienna Convention on Diplomatic Relations
April 18, 1961 or the Vienna Convention on Consular Relations
April 24, 1963.
a Contracting Party, are employed locally to work in diplomatic missions or consular posts, shall be subject to the legislation
the Contracting Party in whose territory the employment takes place.
paragraph
this Article, the persons who are employed in diplomatic missions or consular posts will have the right to opt for the application
the legislation
the sending Contracting Party within three months following the date
the beginning
their engagement provided that they are nationals
the sending Contracting Party.
choice in accordance with paragraph
this Article, shall submit personally the certificate provided by the competent institution
the Contracting Party whose legislation applies to them to the competent institution
the Contracting Party where they reside, or deliver it through their employer. Article 12 Exceptions to the Provisions on Applicable Legislation
an employee and an employer or at the request
a self-employed person, the competent authorities
both Contracting Parties or the institutions designated by them, may agree to grant further exceptions to the general provisions on applicable legislation, not stipulated in this Agreement, provided that the person concerned shall remain, or become subject to the legislation
either
the Contracting Parties. When granting such exceptions, the nature and circumstances
the employment or self-employment shall be taken into account.
the employee and the employer, also the request
the self-employed person regarding the granting
an exception, shall be submitted in writing to the competent institution
the Contracting Party the legislation
which is requested to be applicable. Article 13 Certification
Coverage and Exceptions
this Agreement, at the joint request
an employee and an employer or at the request
a self-employed person, a certificate, the content
which was agreed by the liaison bodies
the Contracting Parties, shall be issued stating that the person concerned with regard to that employment/self-employment is subject to the legislation
a Contracting Party. The certificate shall be issued in Hungary by the competent health insurance body, in the Republic
Turkey by the Social Security Institution.
the other Contracting Party. PART III PROVISIONS CONCERNING BENEFITS CHAPTER 1 HEALTH INSURANCE BENEFITS Article 14 Aggregation
Periods
Insurance
acquiring, retaining and recovering entitlement to cash and in-kind benefits within the framework
health insurance, the periods
insurance acquired under the legislation
both Contracting Parties shall be aggregated, unless these periods overlap.
the Contracting Party where he/she just moved.
the insured and by the competent institution
the Contracting Party to which they were last registered. Article 15 Benefits in Kind
the other Contracting Party, persons referred to in Articles 9, 10, paragraph
and Article 12
this Agreement shall be entitled to benefits in kind, which become necessary on medical grounds taking into account the nature
the benefits and the expected length
the stay. These benefits will be provided at the expenses
the competent institution by the institution
place
stay in accordance with the legislation it applies.
paragraph
this Article shall apply in relation to Hungary to the spouse and minor children, and in relation to the Republic
Turkey to family members, who stay with the insured person in the territory
the other Contracting Party with the permission
the competent institution.
this Article, to be able to avail themselves from healthcare benefits within the period
their stay in the other Contracting Party, they shall submit a document to the institution
the other Contracting Party, provided by the competent institution
the Contracting Party where they were registered, indicating that they are entitled to healthcare benefits. In this document, the duration
these benefits shall also be specified.
a Contracting Party and in relation to Hungary the spouse and minor children residing with them, in relation to the Republic
Turkey the members
their families residing with them, travel to the territory
the other Contracting Party while receiving health, sickness or maternity insurance benefits in kind provided by the competent institution
the first Contracting Party, they may continue to receive these benefits. In this case the beneficiary should obtain the authorisation
the competent institution before leaving for the other Contracting Party. The aforementioned authorization might be granted subsequently by the competent institution if it has not previously been obtained for reasons beyond control
the beneficiary. The demand for the authorisation shall be refused on account
a medical report submitted to the effect that the health condition
the person concerned does not permit travelling to the territory
the other Contracting Party. This paragraph is applicable in cases when the delay in receiving the necessary benefit involves the possible serious aggravation
the state
health
the beneficiary. The cost
the benefits shall be borne by the competent institution.
the implementation
paragraph
this Article, the insured person is obliged to submit a document issued by the competent institution where he/she is registered, including the duration
the benefits and indicating that the temporary domicile transfer is allowed, to the institution at his/her new domicile so that he/she can benefit from health, sickness or maternity insurance after he/she returns back to his/her country.
this Article cannot be issued before the temporary domicile transfer, it may also be issued by the competent institution to which the insured person is registered after the transfer
the domicile, upon the request
the insured person or the institution at his/her new domicile.
the insured person specified in paragraph
this Article requires the continuity
the benefit beyond the periods previously set forth, duration
health benefits shall be extended with the physician report and the decision
the competent institution.
may opt, for the whole period
posting, for himself/herself and, for Hungary for his/her spouse and minor children, residing with him/her, and for the Republic
Turkey for family members residing with him/her, either for receiving health care benefit in kind in accordance with paragraph
this Article in the territory
the Contracting Party where he/she has been posted, or for requesting the reimbursement
the expenses
the health care benefit in kind according to the legislation
the sending Contracting Party. Article 16 Cash Benefits
cash benefits depends on the number
family members in accordance with the legislation
either Contracting Party, the competent institution shall also take into account the family members residing in the territory
the other Contracting Party. Article 17 Rights
Pensioners
both Contracting Parties shall be entitled to benefits in kind at his/her place
residence, at the expenses
the institution
place
residence.
one Contracting Party, and whose place
residence is in the territory
the other Contracting Party, by the institution
place
residence in accordance with its legislation applicable, but at the expenses
the competent institution provided that the competent institution has given prior approval.
this Article shall also apply, as appropriate, to an eligible family member
the pensioner living together with him/her, in accordance with the legislation applicable to the institution providing the benefits.
the implementation
paragraphs
this Article, the pensioners and family members are obliged to submit a document issued by the competent institution which provides the benefit to the institution
place
residence. The document is valid until its withdrawal by the competent institution. The competent institution paying the pension shall inform in writing the institution
place
residence that the right to benefit has ended.
paragraphs
this Article shall not apply while the person concerned is entitled, with regard to his/her gainful activity, to health insurance benefits in his/her place
residence in accordance with the legislation
the Contracting Party
the place
residence.
the pensioners and members
their family referred in paragraph
this Article require urgent medical treatment during their stay in the territory
the Contracting Party paying pension, they shall be entitled to receive benefits in kind at the expense
the Contracting Party paying the pension. Article 18 Orthopaedic Appliances, Prostheses and Other Health Benefits Requiring High Costs Orthopaedic appliances, prostheses and other health benefits exceeding 500 euros shall be provided, except for the cases
emergency, upon the authorisation
the competent institution. Inpatient care shall be provided, except for the cases
emergency, upon the authorisation
the competent institution regardless
the actual cost
the treatment. Article 19 Reimbursement
Costs Related to Benefits in Kind
the other Contracting Party all expenses actually incurred in connection with the provision
benefits in kind except for administrative costs.
persons concerned. CHAPTER 2 ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES Article 20 Benefits in Kind in case
Accidents at Work and Occupational Diseases
one Contracting Party and is entitled to benefits in kind in accordance with the legislation
this Contracting Party as a result
an accident at work or occupational disease, has his/her place
stay or residence in the territory
the other Contracting Party, he/she shall be entitled to benefits in kind, at the expenses
the competent institution, provided by the institution
the Contracting Party
the place
stay or residence, according to the legislation that Contracting Party applies, as if the person concerned was insured at the institution
the place
stay or residence.
this Article, the provisions
this Agreement shall apply with respect to the prostheses, orthopaedic appliances and other health benefits requiring high costs.
this Agreement shall apply accordingly to the reimbursement
costs incurred by virtue
paragraph
this Article.
this Article, the insured person shall submit a certificate prepared by the competent institution under the legislation
which he/she is insured, to the institution
the Contracting Party where he/she resides or stays, in order to be able to benefit from healthcare benefits.
this Article, the institution
the Contracting Party
residence or stay shall request it from the competent institution
the other Contracting Party.
which he/she is insured, notifies the insured person and the institution
the Contracting Party
residence or stay regarding the cancellation
the certificate. Article 21 Taking into Account Accidents at Work and Occupational Diseases
one Contracting Party provides that for the purposes
determining the extent
damage on health originating from an accident at work or an occupational disease, or
determining the eligibility to a benefit, a previous accident at work or occupational disease must be taken into account, accidents at work and occupational diseases occurred in accordance with the legislation
the other Contracting Party shall also be taken into account.
one Contracting Party the eligibility to receive benefits for occupational diseases is conditional upon the disease in question being first contracted in its territory, that condition shall be deemed to have been satisfied even when the disease was first contracted in the territory
the other Contracting Party.
the benefit in the case
the occupational disease, according to legislation
one Contracting Party, is conditional upon the fact that the occupation which may have induced such disease lasted for a specific time, the competent institution
that Contracting Party shall also take into account, if necessary, the periods spent in such specific occupation in accordance with the legislation
the other Contracting Party. Article 22 Cash Benefits
the Contracting Party where the person concerned was insured at the time
the accident at work and in accordance with its legislation.
both Contracting Parties, the cash benefit shall be only provided by the competent institution
the Contracting Party in the territory
which the entitled person was last employed in an activity exposed to occupational disease.
either Contracting Party, and in the event
an aggravation
his/her condition during his/her residence in the territory
the other Contracting Party a) The competent institution
the first Contracting Party shall bear the cost
benefit, taking the aggravation into account, in accordance with the provisions
the legislation which that competent institution applies, in so far as the insured person having contracted the occupational disease has not engaged, under the legislation
the second Contracting Party, in an occupation liable to cause or aggravate the disease in question; b) If the insured person has engaged in such an activity under the legislation
the second Contracting Party, the competent institution
the first Contracting Party shall bear the cost
the benefit, without taking the aggravation into account, in accordance with the provisions
the legislation it applies. The competent institution
the second Contracting Party shall pay the difference between the amount
benefit calculated after the aggravation and the amount
benefit that would have been due before the aggravation in accordance with the legislation it applies.
paragraphs
this Article shall also apply to benefits to be paid to survivors. CHAPTER 3 OLD AGE AND SURVIVORS’ BENEFITS Article 23 Aggregation
Periods
Insurance
a Contracting Party, the benefit shall be defined by the competent institution
this Contracting Party exclusively on the basis
periods
insurance to be taken into account pursuant to the provisions
legislation which it applies.
a Contracting Party makes the acquisition, retention or recovery
eligibility to a benefit conditional upon the completion
periods
insurance, and in case the eligibility criteria for a benefit are not met under 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 applies, provided that such periods
insurance do not overlap.
insurance to be taken into consideration shall be defined in compliance with the legislation
the other Contracting Party pursuant to which these periods were completed.
the periods in which premium or contribution is paid under Turkish legislation is equivalent to 30 days, and one year is equivalent to 360 days.
Periods Acquired Under the Legislation
a Third Country
aggregating the periods
insurance acquired under the legislation
the Contracting Parties, the eligibility
that person for that benefit shall be determined by aggregating 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 aggregation
periods.
the Contracting Parties has concluded an agreement with a third country, this Contracting Party shall aggregate 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 a Contracting Party has concluded an agreement based on the principle
territoriality. Article 25 Determination
Proportional Benefits Where the person concerned is entitled to a benefit in accordance with the legislation
one
the Contracting Parties only in the event
the aggregation
periods
insurance, the competent institution shall calculate the amount
benefit which this competent institution should bear, provided that all periods
insurance acquired pursuant to the legislation
both Contracting Parties were taken into account for the calculation
the benefit. The competent institution shall pay only that part
the benefit calculated in this way which corresponds to the proportion
periods
insurance completed under the legislation which it applies, to the total period
insurance under the legislation
both Contracting Parties. Article 26 Basis
Calculation
Benefits Where under the legislation
a Contracting Party the benefits are calculated on the basis
earnings and/or contributions paid, the competent institution
this Contracting Party shall take into account exclusively the earnings and/or contributions paid under the legislation which it applies. Article 27 Period
Insurance Less Than One Year Where the total periods
insurance completed under the legislation
a Contracting Party is less than one year provided that no eligibility to benefits is established only on the basis
this period, the competent institution
this Contracting Party shall not grant any benefit for a period shorter than one year. For purposes
entitlement to and calculation
the amount
benefits, 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 INVALIDITY BENEFITS Article 28 Calculation
Invalidity Benefits
coverage completed exclusively under the legislation
either Contracting Party, the benefit shall be calculated as follows: a) The competent institution shall calculate the amount
the benefit payable under its applicable legislation. In case the legislation
one or both
the Contracting Parties requires the benefits acquired in the other Contracting Party to be taken into account for the determination
the amount
the invalidity benefits, the competent institution
that Contracting Party shall subtract the amount paid in the other Contracting Party from the invalidity benefit calculated; and b) The competent institution shall calculate the theoretical amount
benefit by taking into account the periods completed under the legislation
both Contracting Parties. The benefit payable shall be calculated by multiplying the theoretical amount by the ratio
coverage completed under its legislation to the periods
coverage completed under the legislation
both Contracting Parties.
the amounts calculated under subparagraphs (a) and (b)
paragraph
this Article.
coverage completed under the legislation
both Contracting Parties, the competent institution shall calculate the theoretical amount
the benefit by taking into account the periods completed under the legislation
both Contracting Parties. The benefit payable shall be calculated by multiplying the theoretical amount by the ratio
coverage completed under its legislation to the periods
coverage completed under the legislation
both Contracting Parties.
paragraph
this Article cannot be decreased by the amount
any benefit awarded by the competent institution
the other Contracting Party.
coverage completed under the legislation
either Contracting Party are less than one year that Contracting Party shall not award an invalidity benefit under the scope
this Agreement.
the Contracting Party where the beneficiary resides. PART IV MISCELLANEOUS PROVISIONS Article 29 Administrative Arrangement and Liaison Bodies
the Contracting Parties shall agree on the administrative measures necessary for the implementation
this Agreement. The competent authorities shall communicate to each other all information about changes and supplements to their respective legislation.
the Contracting Parties entitled to implement this Agreement shall be designated in the Administrative Arrangement implementing this Agreement.
paragraph
this Article, the liaison bodies and the competent institutions shall be entitled, with the involvement
the competent authorities, to agree on measures that are necessary and appropriate for the implementation
this Agreement, including the procedures related to the recovery
undue payments. Article 30 Forms and Detailed Procedures
the Contracting Parties shall mutually agree on the forms and detailed procedures necessary for the implementation
this Agreement.
the Contracting Parties shall communicate using the forms necessary for the implementation
this Agreement. Article 31 Payment
Cash Benefits
the Contracting Parties shall pay the cash benefits under this Agreement without any deduction for their administrative costs. Article 32 Exchange
Statistics The liaison bodies
the Contracting Parties shall exchange annual statistics on the payments granted to beneficiaries pursuant to the Agreement until 31 March
the following year. 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 bodies. Article 33 Administrative Cooperation
this Agreement, the competent authorities as well as the competent institutions
both Contracting Parties shall assist each other with regard to the determination
entitlement to or the payment
any benefit under this Agreement as they would for the application
their own legislation. This assistance shall be free
charge.
one Contracting Party provides that any document which is submitted to the competent authority or competent institution
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 or competent institution
the other Contracting Party in the application
this Agreement.
this Agreement shall be exempted from authentication by diplomatic missions or consular posts. Copies
documents which are certified as true and exact copies by the competent authority or competent institution
one Contracting Party shall be accepted as true and exact copies by the competent authority or competent institution
the other Contracting Party, without further certification.
this Agreement, the competent authorities and competent institutions
the Contracting Parties shall communicate directly with each other, as well as with all beneficiaries and/or insured persons, regardless
the residence
such persons. Article 34 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 latter Contracting Party, at the request
the institution
the first Contracting Party, shall make arrangements for carrying out this examination in accordance with its own legislation. If a medical examination is exclusively for the purpose
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 purpose
both institutions, there shall be no reimbursement
costs. Article 35 Compensation for Damages
either Contracting Party on account
a damage occurred in the territory
the other Contracting Party, and if the right to compensation exists against the third parties under the legislation
that Contracting Party, the right to compensation is then transferred under the legislation
the first Contracting Party to its institution.
benefits and this right arises for both institutions
Contracting Parties in accordance with the provision
paragraph
this Article, the third party may pay for the compensation to the institution
either one or the other Contracting Party. The institutions shall share the compensation received according to the ratio
the benefits they have paid. Article 36 Submission
Claims
this Agreement or the legislation
either Contracting Party to a competent authority, competent institution or other competent body
a Contracting Party shall be deemed to be submitted to the competent authority, competent institution or other competent body
the other Contracting Party.
either Contracting Party in pursuance
this Agreement shall be deemed to be submitted under the legislation
the other Contracting Party.
a Contracting Party, to which claim, declaration or appeal was submitted, shall forward it without delay to the competent authority or competent institution
the other Contracting Party indicating the date
receipt
the document.
one Contracting Party shall be treated as a claim for a corresponding benefit to be provided under 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
that other Contracting Party be postponed. Article 37 Processing Claims
one Contracting Party receives a claim
a person, who has completed insurance periods under the legislation
the other or both Contracting Parties, this institution shall send the claim, to the competent institution
the other Contracting Party, indicating the date on which the claim has been received. Along with the claim, it shall also transmit to the competent 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) a form which will indicate, in particular, the insurance periods completed under the legislation
the first Contracting Party, and c) eventually, a copy
its own decision on benefit if it has been taken on.
the other Contracting Party subsequently determines on the claimant’s eligibility and notifies to the institution
the first Contracting Party about its decision. Along with its decision, it shall also transmit, if necessary or upon request, to the competent institution
the first Contracting Party: a) any available documentation that may be necessary for the competent institution
the first Contracting Party to establish the claimant’s eligibility for the benefit, b) a form which will indicate, in particular, the insurance periods completed under the legislation which it applies.
the Contracting Party with which a claim for benefit has been submitted shall verify the information pertaining to the claimant and his/her family members. The type
information to be verified shall be agreed upon by the liaison bodies
the two Contracting Parties. Article 38 Recognition
Enforceable Documents The enforceable documents
the competent authorities or competent institutions
either Contracting Party concerning social security contributions or other requisition falling under the scope
this Agreement shall be recognised by the competent authorities and competent institutions
the other Contracting Party. Article 39 Delivery and Use
ficial Languages
this Agreement, the competent authorities and institutions
the Contracting Parties may communicate in their
ficial language directly with each other, also with the persons concerned and their representatives. Competent authorities and institutions may also use English for communicating with each other.
a Contracting Party solely because it is in the
ficial language
the other Contracting Party.
ficial documents
the institutions
the Contracting Parties can be directly mailed using acknowledgement
receipt to persons 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 the 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 the institutions
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 are 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, on the source
the data and the purpose
using such data, on the legal basis for and the duration
the use
the data, on who has received or shall receive such data, and on the name and address
the data processor and its activities related to the data control. 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 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, in accordance with their respective national legislation, the effective protection
personal data against breaches, including but not limited to, unauthorized access, illegal alterations and unauthorized disclosure; h) On request
the person concerned, the institutions
both the receiving and the transmitting Contracting Parties shall correct the incorrect data handled by them or either delete, either deny access to data handled illegally. The institution
the other Contracting Party shall be immediately informed
such correction, deletion, or denial
access; i) In the event
breach
rights related to data protection, the concerned persons shall be entitled to legal remedy, including the referral
his/her case to a court or to other authorities, in accordance with the respective national legislation
the Contracting Parties.
this Article shall also be applied, as appropriate, to both corporate and trade secrets.
data processing. Article 41 Currency
Payments
any benefit in accordance with this Agreement shall be made in the currency
the Contracting Party making the payment.
either Contracting Party is liable to pay sums by way
a reimbursement for benefit provided by the competent institution
the other Contracting Party, its liability shall be expressed in the currency
the second Contracting Party. The competent institution
the first Contracting Party shall discharge its liability by paying with its own currency. Article 42 Recovery
Undue Payments
either Contracting Party has paid to a beneficiary a sum in excess
his/her entitlement, that institution may, on the conditions and to the extent permissible under the legislation it applies, request the institution
the other Contracting Party responsible for payment
benefits to the beneficiary to deduct the amount overpaid from the payments it will make to him/her.
the other Contracting Party shall deduct that amount, on the conditions and to the extent permissible under the legislation it applies, as if the overpayment had been made by it, and shall transfer the amount so deducted to the institution
the first Contracting Party.
the first Contracting Party. The Competent Institution
the other Contracting Party shall fulfil its obligation by transferring the amount in its own currency. Article 43 Resolution
Disputes Disputes which arise in interpreting or applying this Agreement shall be resolved by the competent authorities. PART V TRANSITIONAL AND FINAL PROVISIONS Article 44 Transitional Provisions
insurance completed or any legally relevant circumstance occurred before the date
entry into force
this Agreement under the legislation
either Contracting Party shall be taken into consideration in applying this Agreement.
this Agreement shall not affect the applicability
this Agreement.
this Agreement, is submitted for entitlement to benefit for which entitlement can only be granted by taking into consideration this Agreement, the payment
such benefit shall begin with the calendar month at the beginning
which the criteria for entitlement to that benefit have been fulfilled, but no earlier than the entry into force
this Agreement. This shall apply to cases only where the claim for a benefit has been rejected due to lack
sufficient periods
insurance.
this Agreement are employed prior to the entry into force
the Agreement, they may use their right
choice within 3 months from the effective date
the Agreement. Article 45 Obligations
Hungary deriving from its membership
the European Union This Agreement shall not affect the obligations resulting to Hungary from its membership
the European Union. Accordingly, the provisions
this agreement shall not be invoked or interpreted either wholly or partly as provisions superseding, modifying or, in any other way, influencing the obligations resulting to Hungary from the Treaties establishing the European Union. Article 46 Effects
the Association Agreement between the European Economic Community and the Republic
Turkey This Agreement, within the scope
its application, shall be without prejudice to the rights and obligations
the insured persons, including those who are, or have been legally residing and working on the territory
one
the Contracting Parties, arising from the Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963, its Additional Protocol, signed at Brussels, 23 November 1970, and the Association Council Decisions to the extent they are applicable. Article 47 Ratification and Entry into Force
the fact that their respective legal requirements for the entry into force have been completed.
the third month following the month in which the last written notification referred to in paragraph
this Article has been received. Article 48 Amendment
the Agreement This Agreement may be amended by mutual consent
the Contracting Parties at any time. The amendments shall enter into force in accordance with the legal procedure described under Article 47. Article 49 Duration
the Agreement
time.
any calendar year giving a three months prior notice in writing to the other Contracting Party. Article 50 Maintenance
Acquired Rights If this Agreement is terminated, its provisions shall apply to rights to entitlement to or payment
benefits acquired until the date
expiry
the Agreement. Claims submitted and/or benefits awarded before the date
expiry
this Agreement shall be dealt with and/or paid in accordance with the provisions
this Agreement regardless to the place
stay
the person concerned. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement. Done and signed in two originals at Budapest on 24 February 2015 in Hungarian, Turkish and English languages, all three texts being equally authoritative. In case
discrepancy in the interpretation, the English text shall prevail. (signatures)” 4. §
MI-magyarázat a hivatalos jogszabályszöveg alapján. Tájékoztató jellegű, nem helyettesíti a jogi tanácsadást.