1. Payments of benefits under this Agreement may be made in freely convertible currencies. In case provisions for restricting the exchange of currencies or remittance are introduced by either Contracting State, the Governments of both Contracting States shall immediately consult on the measures necessary to ensure the payments of benefits by that Contracting State under this Agreement.
2. Transfers made under the scope of this Agreement shall be carried out on the basis of laws and regulations which are in force in the territory of the Contracting States at the date of such transfers.
Any disagreement regarding the interpretation or application of this Agreement shall be resolved by consultation between the Contracting States.
The headings of Parts, Chapters and Articles of this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement.
1. This Agreement shall establish entitlement to benefits from the date of entry into force of this Agreement at the earliest.
2. In the implementation of this Agreement, periods of 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 of Article 7, in the case of a person who has been working in the territory of a Contracting State prior to the entry into force of this Agreement, the planned period of detachment or self-employed activity referred to in paragraph 1, 2 or 5 of Article 7 shall be considered to begin on the date of entry into force of this Agreement.
4. Decisions made in the case of individuals before the entry into force of this Agreement shall not affect any rights to be established by virtue of this Agreement.
5. Where an application for benefit under this Agreement is made within one year from the date of entry into force of this Agreement, any right arising from the implementation of 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 of entry into force of this Agreement, the date of effect of the determination will be subject to the legislation of the relevant Contracting State.
6. The application of this Agreement shall not, for a beneficiary, result in any reduction in the amount of benefits to which entitlement was established before the entry into force of this Agreement.
This Agreement shall not affect rights and obligations of Hungary arising under the law of the European Union or under the EEA Agreement.
This Agreement shall enter into force on the first day of the month following the month in which the Contracting States shall have completed an exchange of diplomatic notes informing each other that their respective constitutional requirements necessary for the entry into force of this Agreement have been fulfilled.
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 of termination of this Agreement. In that event, this Agreement shall remain in force until the end of the calendar year following the year in which the notice is given.
2. If this Agreement is terminated in accordance with paragraph 1 of this Article, rights regarding entitlement to and payment of benefits acquired under this Agreement shall be retained. Notwithstanding the termination of this Agreement, the paragraph 1 of Article 5 shall continue to be effective with regard to those rights.
In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement.
Done at Budapest on the twenty-third day of August, 2013, in duplicate, in the Hungarian, Japanese and English languages, each text being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
(signatures)
(Japanese Note)
His Excellency
Dr. János Martonyi
Minister of Foreign Affairs of Hungary
Budapest, August 23, 2013
Excellency,
I have the honour to refer to paragraph 2 of Article 7 of the Agreement between Japan and Hungary on Social Security which was signed today (hereinafter referred to as „the Agreement”) and to confirm, on behalf of the Government of Japan, the following understanding reached between the Government of Japan and the Government of Hungary:
Where
(a) (i) an employer with a place of business in the territory of a Contracting State participates directly or indirectly in the management, control or capital of an employer with a place of business in the territory of the other Contracting State, or,
(ii) an employer with a place of business in the territory of the other Contracting State participates directly or indirectly in the management, control or capital of an employer with a place of business in the territory of 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 of an employer with a place of business in the territory of a Contracting State and an employer with a place of business in the territory of the other Contracting State,
the employer with a place of business in the territory of the other Contracting State referred to in (a)(i), (ii) and (b) above shall be deemed to be respectively a related employer of the employer with a place of business in the territory of a Contracting State referred to in (a)(i), (ii) and (b) above.
I have further the honour to propose that this Note and Your Excellency’s Note in reply confirming on behalf of the Government of Hungary the foregoing understanding shall constitute an agreement between the two Governments under paragraph 2 of Article 7 of the said Agreement, which shall enter into force on the same date of the entry into force of the Agreement.
I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.
Fumio Kishida
Minister for Foreign Affairs
of Japan
(Hungarian Note)
His Excellency
Fumio Kishida
Minister for Foreign Affairs
of Japan
Budapest, August 23, 2013
Excellency,
I have the honour to acknowledge receipt of Your Excellency’s Note of today’s date, which reads as follows:
„I have the honour to refer to paragraph 2 of Article 7 of the Agreement between Japan and Hungary on Social Security which was signed today (hereinafter referred to as „the Agreement”) and to confirm, on behalf of the Government of Japan, the following understanding reached between the Government of Japan and the Government of Hungary:
Where
(a) (i) an employer with a place of business in the territory of a Contracting State participates directly or indirectly in the management, control or capital of an employer with a place of business in the territory of the other Contracting State, or,
(ii) an employer with a place of business in the territory of the other Contracting State participates directly or indirectly in the management, control or capital of an employer with a place of business in the territory of 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 of an employer with a place of business in the territory of a Contracting State and an employer with a place of business in the territory of the other Contracting State,
the employer with a place of business in the territory of the other Contracting State referred to in (a)(i), (ii) and (b) above shall be deemed to be respectively a related employer of the employer with a place of business in the territory of a Contracting State referred to in (a)(i), (ii) and (b) above.
I have further the honour to propose that this Note and Your Excellency’s Note in reply confirming on behalf of the Government of Hungary the foregoing understanding shall constitute an agreement between the two Governments under paragraph 2 of Article 7 of the said Agreement, which shall enter into force on the same date of the entry into force of the Agreement.”
I have further the honour to confirm on behalf of the Government of 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 of Article 7 of the said Agreement, which shall enter into force on the same date of the entry into force of the Agreement.
I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.
János Martonyi
Minister of Foreign Affairs
of Hungary
(Japanese Note)
His Excellency
Dr. János Martonyi
Minister of Foreign Affairs
of 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 of the laws of Japan concerning the Japanese pension systems which will enter into force on October 1, 2015 (hereinafter referred to as „the amendments of the laws of Japan”). Through the amendments of the laws of Japan, the Employees’ Pension Insurance will be applied to national public officials, local public officials, private school personnel and personnel of 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 of the abolition of 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 officials, local public officials, private school personnel and personnel of similar status on and after October 1, 2015.
In this regard, the representatives of the Government of Japan and the Government of Hungary have held discussions on the application of the Agreement on and after October 1, 2015. The following is the understanding of the Government of Japan regarding the results of the above-mentioned discussions:
1. For the purpose of the application of the Agreement, the Japanese pension systems specified in paragraph 1 (a)(ii) to (v) of Article 2 of 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) of Article 2 of the Agreement on and after October 1, 2015, in the light of the unification of the Japanese pension systems for employees by the amendments of the laws of 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 of Article 15 and paragraph 4 of Article 16 of the Agreement will apply will not exist on and after October 1, 2015, as a result of the unification of the Japanese pension systems for employees into the Employees’ Pension Insurance.
2. For the purpose of the application of paragraph 1 of Article 14 of 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 of Japan before the amendments of the laws of Japan that may be granted as transitional measures on and after October 1, 2015, in the light of the abolition of the current additional pension for specified occupations under the Japanese mutual aid pensions by the amendments of the laws of 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 of, 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 of Hungary, the present Note and Your Excellency’s reply of acceptance shall be regarded as constituting an agreement between the two Governments, which shall enter into force on the same date of the entry into force of the Agreement.
I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.
Fumio Kishida
Minister for Foreign Affairs
of Japan
(Hungarian Note)
His Excellency
Fumio Kishida
Minister for Foreign Affairs
of Japan
Budapest, August 23, 2013
Excellency,
I have the honour to acknowledge the receipt of Your Excellency’s Note of 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 of the laws of Japan concerning the Japanese pension systems which will enter into force on October 1, 2015 (hereinafter referred to as „the amendments of the laws of Japan”). Through the amendments of the laws of Japan, the Employees’ Pension Insurance will be applied to national public officials, local public officials, private school personnel and personnel of 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 of the abolition of 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 officials, local public officials, private school personnel and personnel of similar status on and after October 1, 2015.
In this regard, the representatives of the Government of Japan and the Government of Hungary have held discussions on the application of the Agreement on and after October 1, 2015. The following is the understanding of the Government of Japan regarding the results of the above-mentioned discussions:
1. For the purpose of the application of the Agreement, the Japanese pension systems specified in paragraph 1 (a)(ii) to (v) of Article 2 of 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) of Article 2 of the Agreement on and after October 1, 2015, in the light of the unification of the Japanese pension systems for employees by the amendments of the laws of 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 of Article 15 and paragraph 4 of Article 16 of the Agreement will apply will not exist on and after October 1, 2015, as a result of the unification of the Japanese pension systems for employees into the Employees’ Pension Insurance.
2. For the purpose of the application of paragraph 1 of Article 14 of 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 of Japan before the amendments of the laws of Japan that may be granted as transitional measures on and after October 1, 2015, in the light of the abolition of the current additional pension for specified occupations under the Japanese mutual aid pensions by the amendments of the laws of 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 of, 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 of Hungary, the present Note and Your Excellency’s reply of acceptance shall be regarded as constituting an agreement between the two Governments, which shall enter into force on the same date of the entry into force of the Agreement.”
I have further the honour to confirm on behalf of the Government of Hungary that the foregoing understanding is acceptable to the Government of 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 of the entry into force of the Agreement.
I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.
János Martonyi
Minister of Foreign Affairs
of Hungary
(Japanese Note Verbale)
Note Verbale
The Embassy of Japan in Hungary presents its compliments to the Ministry of Foreign Affairs of Hungary and has the honor to declare with regard to the Agreement on Social Security between Japan and Hungary that the appropriate supervision of the lawfulness of personal data processing is ensured in accordance with relevant laws and regulations of Japan.
The Embassy of Japan in Hungary avails itself of this opportunity to renew to the Ministry of Foreign Affairs of Hungary the assurance of its highest consideration.
Budapest, 2 September 2013
(Hungarian Note Verbale)
Note Verbale
The Ministry of Foreign Affairs of Hungary presents its compliments to the Embassy of 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 of the lawfulness of personal data processing is ensured in accordance with relevant laws and regulations of Hungary.
The Ministry of Foreign Affairs of Hungary avails itself of this opportunity to renew to the Embassy of Japan in Hungary the assurance of its highest consideration.
Budapest, 1 Oktober 2013”
4. § (1) Ez a törvény - a (2) bekezdésben meghatározott kivétellel - a kihirdetését követő napon lép hatályba.
(2) A 2. § és a 3. § az Egyezmény 32. cikkében meghatározott időpontban lép hatályba.
(3) Az Egyezmény, illetve a 2. § és a 3. § hatálybalépésének naptári napját a külpolitikáért felelős miniszter annak ismertté válását követően a Magyar Közlönyben haladéktalanul közzétett közleményével állapítja meg.
(4) E törvény végrehajtásához szükséges intézkedésekről az egészségügyért felelős miniszter gondoskodik.
