Communication from the Ministry of Foreign Affairs No. 134 / 2025 Coll.
Communication from the Ministry of Foreign Affairs on the Treaty between the Czech Republic and the Federative Republic on Social Security
Valid
Effective from 01.11.2024
134
COMMUNICATION
Ministry of Foreign Affairs
on the negotiation of the Treaty between the Czech Republic and the Federative Republic of Brazil on social security
The Ministry of Foreign Affairs announces that the Treaty between the Czech Republic and the Federative Republic on Social Security was signed in Brasilia on 9 December 2020.
The Parliament of the Czech Republic agreed to the Treaty and the President of the Republic ratified the Treaty.
Article 26 (2) of the Treaty entered into force on 1 November 2024.
The Czech version of the Treaty and the English text which is relevant for its interpretation are hereby published simultaneously.
Minister:
z. JUDr. Smolek, Ph.D., LL.M., v. r.
Head of Legal and Consular Section
Příloha č. 1
Annex No 1
Text of the international treaty in Czech language
TREATY
INTERI
CZECH REPUBLIC
A
THE REPUBLIC OF BRAZIL
ON SOCIAL SECURITY
the Czech Republic and the Federative Republic of Brazil, hereinafter referred to as "the Contracting States',
led by the desire to strengthen friendship and to regulate social security relations between the two States,
agree as follows:
Article 1 - Definitions
1. For the purposes of this Treaty, the following expressions shall mean:
(a) "legislation" - the laws and other national legislation referred to in Article 2;
(b) "competent authority"
i. as regards the Czech Republic: Ministry of Labour and Social Affairs,
ii. as regards the Federative Republic of Brazil: Ministry of Economy;
(c) "competent institution" means the agency, institution or authority responsible for the implementation of the legislation referred to in Article 2;
(d) "liaison point" - the authority designated to facilitate communication and the provision of assistance in the implementation of the Treaty;
(e) "benefits" - cash benefits, including any supplements and adjustments provided for in the legislation referred to in Article 2;
(f) "residence" means the habitual residence legally established;
(g) "residence" - temporary residence;
(h) "periods of insurance" - periods of payment of contributions and periods assimilated to those obtained under the legislation of each of the Contracting States;
(i) "citizen" - a person thus defined by the Constitution and the laws of each Contracting State.
2. The other terms and terms in this Treaty have meaning which they have under the laws of each Contracting State.
Article 2 - Scope
1. This Treaty shall apply:
(a) as regards the Czech Republic,
legislation on old-age, invalidity and survivors' benefits and legislation related thereto; and
(b) as regards the Federative Republic of Brazil,
i. legislation on the general social security scheme concerning old-age pensions, invalidity and survivors;
(ii) legislation on the social security system of civil servants concerning old-age pensions, invalidity and survivors.
2. This Treaty shall also apply to legislation which abolishes, replaces, amends, complements or consolidate the legislation referred to in paragraph 1.
3. This Treaty does not apply to social assistance or to benefit systems for victims of war and its consequences.
Article 3 - Personal scope
This Treaty shall apply to all persons who are or have been subject to the legislation of one or both Contracting States, as well as to other persons who derive their rights from such persons.
Article 4 - Equal treatment
Unless otherwise provided for in this Treaty, the persons referred to in Article 3 shall have the same rights and obligations as their own citizens under the law of the Contracting State.
Article 5 - Export of benefits
1. Save as otherwise provided for in this Treaty, entitlement to benefits and their payment under the legislation of one of the Contracting States, granted on the basis of their own periods of insurance or through the addition thereof, may not be reduced, altered, stopped or withdrawn on the grounds that the beneficiary resides in the territory of the other Contracting State.
2. Benefits provided under the legislation of each of the Contracting States or of this Treaty shall be paid to persons residing in a third State under the same conditions as their own citizens living in the territory of that third State.
Article 6 - Same assessment of facts
The facts which have legal effect under the laws of one Contracting State and which have occurred in the territory of the other Contracting State shall be taken into account as if they had occurred in the territory of the first Contracting State.
Article 7 - Basic rule
Save as otherwise provided for in this Treaty, a person pursuing an activity as employed or self-employed in the territory of one of the Contracting States shall be subject to the legislation of the Contracting State in which that activity is carried out.
Article 8 - Personnel seconded
1. A person normally employed in the territory of one Contracting State who is seconded by his employer to perform a particular job for that employer in the territory of the other Contracting State shall remain subject to the provisions of the first Contracting State as if he had been employed in its territory until the end of the 36th (36th) month.
2. Paragraph 1 of this Article shall also apply where a person was originally seconded from one Contracting State to the territory of a third State and subsequently transferred to the other Contracting State.
3. Once the period of secondment of 36 (36) months laid down in paragraph 1 has been completed, the new secondment under this Treaty shall be possible after 12 (12) months.
4. The sending confirmation and other details shall be specified in the administrative arrangement.
Article 9 - Flight crew members
1. Save as otherwise provided for in paragraph 2, a crew member of an airline operating in the territory of both Contracting States shall be subject only to the legislation of the Contracting State in whose territory the company has its registered office.
2. A member of an airline's crew employed with his or her branch or Permanent Representation shall be subject to the legislation of the Contracting State in whose territory such branch or Permanent Representation is located.
Article 10 - Crew members of ships
A person employed as a crew member on board a seagoing ship flying the flag of a Contracting State shall be subject to the legislation of that Contracting State.
Article 11 - Civil servants
State officials and persons treated as such shall be subject to the legislation of the Contracting State in whose administration they are employed.
Article 12 - Diplomatic missions and consular posts
This Treaty shall be without prejudice to the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961 or the Vienna Convention on Consular Relations of 24 April 1963.
Article 13 - Exemptions from the provisions of Articles 7 to 12
At the joint request of a staff member and his employer, or at the request of a self-employed person, the competent authorities or designated competent bodies of both Contracting States may agree to grant an exemption from the provisions of this Part of the Treaty to individual persons or categories of persons, provided that each person concerned is subject to the legislation of at least one of the Contracting States.
Article 14 - Aggregation of insurance periods
1. Where, under the law of a Contracting State, entitlement to benefits depends on the existence or acquisition of certain periods of insurance, the competent institution of that Contracting State shall take into account the existence or acquisition of similar non-overlapping periods of insurance under the legislation of the other Contracting State.
2. Each Contracting State shall take into account, within the framework of its international obligations, insurance periods completed under the rules of third States.
Article 15 - Calculation of benefits
1. Where entitlement to benefit is established under the legislation of a Contracting State without the application of Article 14, the competent institution of that Contracting State shall calculate the amount of benefit solely on the basis of periods of insurance completed under its legislation and also under paragraph 2 of this Article, except where the result of such calculation is equal or less.
2. In the case of the census of periods of insurance, the competent institution of the Contracting State shall calculate the amount of the benefit, taking into account periods of insurance obtained under the legislation of the second Contracting State and the third State within the meaning of Article 14 and:
(a) determine the theoretical amount of benefit which would be due if all periods of insurance would be obtained under its own legislation; and
(b) then determine, on the basis of the theoretical amount determined in accordance with point (a), the amount of the benefit due according to the ratio of the periods of insurance completed under its legislation to the total periods of insurance.
3. In order to determine the calculation basis for the calculation of the benefit, the competent institution of the Contracting State shall take into account only the income obtained during the periods of insurance completed under its legislation and, for the Czech Republic, this income shall be used in the same way for the periods of insurance calculated for the calculation of the theoretical amount of benefit.
4. The theoretical amount referred to in paragraph 2 (a) of this Article shall not be less than the minimum amount guaranteed by the laws of each Contracting State.
5. The person concerned shall be entitled to a higher amount of benefit calculated in accordance with paragraphs 1 and 2 of this Article.
Article 16 - Periods of insurance less than 1 (one) year
1. If the total period of insurance completed under the legislation of the Contracting State does not reach 1 (one) year and is not entitled to benefit under that legislation, the competent institution of that Contracting State shall not be obliged to grant a benefit for that period, without prejudice to the provisions of Article 14.
2. The periods of insurance referred to in paragraph 1 of this Article shall be set off by the competent institution of the other Contracting State as if they were periods of insurance completed under the legislation which they implement.
3. Notwithstanding the provisions of the preceding paragraphs, if the periods of insurance completed in each of the Contracting States are less than 1 (one) year and, taking into account on an individual basis, no entitlement to benefits is established, the benefits shall be added up in accordance with Article 14 and the benefits shall be determined in accordance with Article 15 (2).
Article 17 - Specific provisions concerning the Czech Republic
1. Notwithstanding Article 14 of this Treaty, only the Czech periods of insurance are taken into account for the fulfilment of the minimum insurance period required by the Czech legislation for the assessment of replacement insurance periods.
2. Article 5 shall not apply to entitlement to an invalidity pension granted under Czech legislation to persons who have been invalidity before 18 years of age and who have not obtained the required period of insurance.
3. The competent authority of the Czech Republic may restrict the application of Article 6 to certain categories of persons.
Article 18 - Administrative measures and cooperation
1. The competent authorities of the Contracting States shall adapt the procedures and shall take the necessary measures to implement this Treaty.
2. Competent authorities:
(a) negotiate administrative arrangements for the application of this Treaty;
(b) inform each other of any changes to the laws of the Contracting States which may affect this Treaty;
(c) designate liaison points to facilitate contact between the Contracting States.
3. The competent authorities and the competent institutions of both Contracting States shall assist each other on all matters relating to the implementation of this Treaty as if they were matters relating to the implementation of their own legislation. This aid will be free of charge.
4. Where a person residing or residing in the territory of a Contracting State who claims or receives benefit under the legislation of the other Contracting State is required to undergo a medical examination, the examination shall be carried out at his expense by the competent institution of the place of residence or residence at the request of the competent institution of the other Contracting State.
5. Any information relating to persons sent under this Treaty from one Contracting State to another shall be treated as confidential and may only be used for the purposes of implementing this Treaty.
Article 19 - Use of official languages
1. The competent authorities, the competent institutions and the liaison points of the Contracting States may communicate with each other in their official languages and in the English language when implementing this Treaty.
2. No application or document may be rejected on the grounds that it is written in the official language of the second Contracting State.
Article 20 - Exemption from fees and verification
1. Where the legislation of one of the Contracting States provides for full or partial exemption from consular or administrative charges, such exemption shall apply to all documents submitted to the competent authority, liaison office or competent institution of the other Contracting State in the implementation of this Treaty.
(2) The documents and certificates to be submitted for the purposes of this Treaty shall be exempt from verification as well as from the apportionment provided for in the Hague Convention of 5 October 1961 (Apostille Convention) on the abolition of the requirement for the verification of external authentic acts, provided that they are processed between the competent authorities, the competent institutions and the liaison points.
3. Copies of documents certified by the competent institution of one Contracting State as genuine and accurate copies shall be accepted by the competent institution of the other Contracting State as genuine and accurate copies without further verification.
Article 21 - Submission of applications or appeals
All applications or appeals to be submitted within a certain period by the legislation of one Contracting State to the competent authority or to the competent institution of that Contracting State shall be deemed to have been made in time if they have been submitted within the same period by the competent authority or the competent institution of the other Contracting State. In such a case, the competent authority or the competent institution of that Contracting State which has received the request or appeal shall transmit it without delay to the competent authority or the competent institution of the first Contracting State, either directly or through the liaison points of both Contracting States.
Article 22 - Repayment of undue payments
If the competent institution of one Contracting State pays benefits to a person unduly or wrongly, that competent institution may, under the conditions laid down by the laws in force, require the competent institution of the other Contracting State which is to pay benefits to the same person to reduce the amount not due from the supplement or from the normal instalments due to the person concerned. The competent institution of the other Contracting State shall reduce that amount under the conditions and under the rules under which the legislation applicable to it so permits, as if such overpayments were its own, and shall transfer the amount so deducted to the competent institution which has unduly or wrongly paid the benefits.
Article 23 - Currency for making payments
1. The benefits shall be determined in the currency of the Contracting State making the payment.
Payments to the second Contracting State resulting from the implementation of this Treaty shall be made in freely convertible currencies.
3. Where one of the Contracting States introduces measures restricting the exchange or transfer of money, the two Contracting States shall immediately take the necessary measures to ensure the transfer of the benefits due.
Article 24 - Dispute settlement
Any dispute concerning the interpretation or implementation of this Treaty shall be settled by negotiation between the competent authorities or the competent institutions of the Contracting States.
Article 25 - Transitional provisions
1. This Treaty shall not give rise to any entitlement to the benefit and its payment for the period prior to the entry into force of this Treaty.
2. All periods of insurance completed under the laws of the Contracting States before the entry into force of the Treaty shall be taken into account in determining entitlements under this Treaty.
3. Subject to paragraph 1 of this Article, claims under this Treaty may also arise on the basis of claims incurred before its entry into force, except for one-off payments.
4. In the case of persons seconded to work in the territory of a Contracting State before the date of entry into force of this Treaty, the beginning of the period of employment referred to in this Article shall be deemed to have begun.
Article 26 - Ratification and entry into force
1. This Treaty is subject to ratification.
2. This Treaty shall enter into force on 1. (first) on 3. (third) of the calendar month following the month in which the Contracting States notify each other in writing that all the necessary national conditions for the entry into force of this Treaty have been fulfilled.
Article 27 - Revision or amendment
Any Contracting State may request revision or amendment of this Treaty. Such revision or amendment shall enter into force by mutual agreement upon fulfilment of the same conditions as this Treaty.
Article 28 - Validity and termination of the Treaty
1. This contract is concluded for an indefinite period.
2. Each Contracting State may terminate this Treaty by giving written notice to the other Contracting State. In such a case, this contract shall remain in force until the last day of the 5th (fifth) calendar month following the month in which the written notification was received to the other Contracting State.
3. If this Treaty is terminated, the rights relating to entitlement to benefits or payment of benefits obtained under it shall be maintained.
IN WITNESS, THE undersigned, duly authorised, have signed this Treaty.
On 9 December 2020, in two original copies, each in the Czech, Portuguese and English languages, all texts being equally authentic. In case of differences in interpretation, the English text is decisive.
For the Czech Republic For the Federative Republic of Brazil Sandra Lang Linkenseder v. r. Bruno Bianco Leal v. r.s.
Příloha č. 2
Annex No 2
Text of the international contract in the relevant language
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 134 / 2025 Coll., on the Agreement between the Czech Republic and the Federative Republic of Brazil on Social Security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.05.2025 |
|---|---|
| Effective from | 01.11.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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