Communication from the Ministry of Foreign Affairs No. 135 / 2025 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of a legal arrangement for the implementation of the Treaty between the Czech Republic and the Federative Republic of Brazil on social security
Valid
Effective from 01.11.2024
135
COMMUNICATION
Ministry of Foreign Affairs
on the negotiation of a legal arrangement for the implementation of the Treaty between the Czech Republic and the Federative Republic of Brazil on social security
The Ministry of Foreign Affairs announces that an Administrative Agreement on the implementation of the Treaty between the Czech Republic and the Federative Republic of Brazil on Social Security was signed in Brasilia on 9 December 2020 (1).
The Arrangement entered into force on 1 November 2024 pursuant to Article 16 thereof.
The Czech version of the Arrangement and the English version, 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
ADMINISTRATIVE ARRANGEMENTS
IMPLEMENTATION OF THE TREATY
INTERI
CZECH REPUBLIC
A
THE REPUBLIC OF BRAZIL
ON SOCIAL SECURITY
Pursuant to Article 18 (2) (a) of the Treaty between the Czech Republic and the Federative Republic of Brazil on social security, signed at Brasilia on 9 December 2020, hereinafter referred to as the Treaty, the competent authorities of the two Contracting States have adopted by common accord the following provisions:
GENERAL PROVISIONS
Article 1 - Definitions
The dates used in this administrative arrangement shall have the meaning laid down in Article 1 of the Treaty.
Article 2 - Competent institutions
The following competent institutions are responsible for the implementation of the Treaty:
I. In the Czech Republic:
(a) the Czech Social Security Administration and its regional workplace; and
(b) social security services of ministries of defence, interior and justice.
II. In the Federative Republic of Brazil:
(a) the National Social Security Institute (Instituto Nacional do Seguro Social - INSS) as regards the legislation on the General Social Security System; and
(b) management units of civil servants' social security schemes as regards legislation on social security schemes of the Federal Government.
Article 3 - Liaison points
1. The designated points of contact referred to in Article 18 (2) (c) of the Treaty shall be:
(a) For the Czech Republic: Czech Social Security Administration;
(b) For the Federative Republic of Brazil: National Social Security Institute (Instituto Nacional do Seguro Social - INSS).
2. When implementing the Treaty, the designated liaison points shall assist each other and may communicate directly with each other, as well as with the competent authorities, competent institutions and stakeholders or their representatives.
3. Liaison points shall agree on the forms and detailed procedures necessary for the implementation of the Treaty and the Administrative Arrangement. The competent institution or liaison points may refuse to accept a benefit application or any other application or document if they are not submitted in the agreed form.
PROVISIONS RELATING TO LEGISLATION
Article 4 - Confirmation concerning jurisdiction
1. Where the relevant legislation of a Contracting State is in the cases provided for in Article 8 of the Treaty, the competent institution shall, at the employer's request, issue a certificate of secondment certifying that the employed person remains subject to the legislation of that Contracting State, indicating the period of secondment to the territory of the second Contracting State, which may not exceed 36 months.
2. The certificate of secondment shall attest that the person concerned is not subject to the legislation of the Contracting State in which he carries out the activity for which the certificate was issued. In the case referred to in Article 25 (4) of the Treaty, a certificate of secondment should be requested within 12 months of the entry into force of the Treaty with effect from that date.
3. The competent institution issuing the certificate of secondment shall send a copy to the competent institution of the other Contracting State.
4. The staff member shall keep a certificate of secondment when staying in the territory of the second Contracting State and, if necessary, submit it to the competent authority of that Contracting State.
5. In the event of an early return of a staff member before the end of the originally scheduled period of secondment, the staff member or his employer shall notify the competent institution of the Contracting State which issued the certificate in order to inform the competent institution of the other Contracting State.
6. For the exemption agreement provided for in Article 13 of the Treaty:
(a) The designated competent institutions are:
i. In the Czech Republic: Czech Social Security Administration;
ii. In the Federative Republic of Brazil: National Social Security Institute (Instituto Nacional do Seguro Social - INSS).
(b) A staff member and his employer shall submit a joint written request for exemption to the competent institution of the Contracting State whose legislation is to be applied as requested. The application of a self-employed person shall be submitted by analogy. The request of persons referred to in Article 8 of the Treaty for an exemption from the application of the laws of the Contracting State should be submitted before the end of the period of secondment.
(c) the exemption agreement shall be supported by a certificate issued and processed in accordance with the previous paragraphs of this Article.
PROVISIONS ON PENSION DOSES
Article 5 - Aggregation of insurance periods
The competent authorities of the Contracting States shall, when implementing the Treaty, confirm on a special and agreed form the insurance period completed under their legislation.
Article 6 - Application for benefits
1. In order to obtain benefits provided under the provisions of the Treaty, entitlement shall be exercised with the competent institution of the Contracting State of residence.
2. The applications of the persons concerned shall be sent without delay by the competent institution, either directly or through liaison points, to the competent institution of the other Contracting State, together with a form confirming the periods of insurance, specially drawn up for this purpose in accordance with Article 5 of this Administrative Arrangement, and any other documents necessary for determining entitlement to benefits.
3. If the applicant has not obtained any periods of insurance under the legislation of the Contracting State in whose territory he has applied, the competent institution shall immediately send the application, together with all necessary documents, to the competent institution of the other Contracting State.
4. The competent institutions shall inform each other of all the facts relevant for determining entitlement to benefits.
5. Before sending the documents referred to in paragraphs 2 and 3 of this Article, the competent institution of the Contracting State with which the claim has been claimed shall indicate the date of the application and confirm the accuracy of the applicant's personal identification data. Such verification of documents shall replace the sending of original documents showing such data. In case of doubt, these documents may be requested.
Article 7 - Notification of decisions
1. Each competent institution shall determine the claims of the applicant in accordance with the provisions of the Treaty, notify the applicant of the decision, indicating the methods and time limits for the appeal, and shall simultaneously send a copy to the competent institution of the other Contracting State.
2. Failure to comply with the time limits laid down in the legislation of each Contracting State to fulfil the conditions necessary for entitlement may result in the refusal of the benefit. This is without prejudice to the reassessment of the application where the conditions are met retrospectively.
MISCELLANEOUS PROVISIONS
Article 8 - Exchange of medical information
1. If the application for a benefit requires a medical examination, the competent institution of the Contracting State in whose territory the applicant lives shall carry out the examination free of charge and shall, in accordance with the legislation of that Contracting State, send all medical information and available documentation concerning the medical fitness of the applicant or recipient of the benefit to the competent institution of the other Contracting State.
2. If the competent institution considers it necessary, it may request further examinations.
3. The competent institutions shall, however, have the right to conduct a medical examination of the person concerned by the physician they choose.
Article 9 - Payment of benefits
1. The competent institutions shall pay benefits to beneficiaries resident in the territory of the other Contracting State or of the third State within the time limits and in accordance with the applicable legislation.
2. Beneficiaries are required to submit a certificate of living issued in accordance with the legislation of that Contracting State either directly or through liaison points to the competent institution of the Contracting State which pays the benefit.
Article 10 - Information on the bank account
The payee shall either directly or through the competent institution or the liaison body send the necessary information on the bank account to the competent institution of the Contracting State making the payments.
Article 11 - Statistics
The competent institutions shall exchange, in a form to be determined between liaison points, annual statistics on the certificates of secondment and payments made to beneficiaries under the Treaty.
Article 12 - Exchange of information
1. With regard to the notification obligation contained in national legislation, persons who receive benefits provided under the legislation of one of the Contracting States and who reside in the territory of the other Contracting State shall communicate to the competent institution or liaison point any changes concerning their personal or family situation, their health, working capacity, income and any other circumstances which might affect their rights or obligations under the legislation referred to in Article 2 and other provisions of the Treaty.
2. The competent institutions of both Contracting States shall assist each other and, directly or through liaison points, exchange all available information which may affect entitlement to benefits or changes in their respective legislation which may affect their use.
3. Liaison points may agree on the use of electronic data exchange between competent institutions. In that case, the data and documents exchanged electronically for both Contracting States shall be legally valid.
Article 13 - Confidentiality of personal data
Any personal information under this administrative arrangement may be used only within the framework of the Treaty and in accordance with the laws of the Contracting States on the protection of personal data.
Article 14 - Repayment of undue payments
The competent institutions shall take the necessary measures to recover amounts unduly paid in accordance with Article 22 of the Treaty.
Article 15 - Restoration of payment of benefits
If, after the suspension of the benefit on the territory of the second Contracting State, a person has been redeemed, the competent institution shall exchange the necessary information in order to renew the payment of the benefit.
Article 16 - Entry into force and duration
This administrative arrangement shall enter into force on the same day as the Treaty and shall be valid for the same period.
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 competent authority of the Czech Republic For the competent authority of the Federative Republic of Brazil Sandra Lang Linkenseder v. r. Bruno Bianco Leal v. r. extraordinary and authorised ambassador of the Czech Republic in the Federative Republic of Brazil Special Representative for Social Security and Labour of the Ministry of Economy
Příloha č. 2
Annex No 2
Text of the international contract in the relevant language
1) The Treaty between the Czech Republic and the Federative Republic of Brazil on Social Security, signed at Brasilia on 9 December 2020, was published under No 134 / 2025 Coll.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 135 / 2025 Coll., on the negotiation of a legal arrangement for the implementation of the Treaty 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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