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Artigo 32.º — Entrada em vigor

Vigente desde: 02/12/2011

O presente Acordo entra em vigor na data da sua assinatura, produz efeitos desde a data da entrada em vigor da Convenção e tem a mesma duração desta.

Feito em Lisboa em 26 de Outubro de 2011, em dois exemplares redigidos nas línguas portuguesa, moldava e inglesa, fazendo todos os textos igualmente fé. Em caso de divergência de interpretação entre as versões portuguesa e moldava, prevalece a versão inglesa.

Pela República Portuguesa:

Luís Pedro Russo da Mota Soares, Ministro da Solidariedade e da Segurança Social.

Pela República da Moldova:

Valeriu Turea, Embaixador Extraordinário e Plenipotenciário da República da Moldova na República Portuguesa.

(ver documento original)

ADMINISTRATIVE ARRANGEMENT LAYING DOWN THE PROCEDURE FOR IMPLEMENTING THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE REPUBLIC OF PORTUGAL AND THE REPUBLIC OF MOLDOVA.

For the purpose of implementing the Agreement on Social Security between the Republic of Portugal and the Republic of Moldova, signed at Lisbon on 11 February 2009, hereinafter referred to as the «Agreement», the portuguese and moldovan competent authorities, in accordance with article 23(1)(a) of the Agreement, have agreed on the following provisions:

TITLE I

General provisions

Article 1

Definitions

For the purposes of this Arrangement, the terms and expressions used in it shall have the meaning assigned to them in article 1 of the Agreement.

Article 2

Liaison bodies

  1. 1 -In accordance with article 23(1)(d) of the Agreement, the following bodies shall be designated as «liaison bodies»:
    1. a)For the Portuguese Republic, the General-Directorate for Social Security;
    2. b)For the Republic of Moldova, the National Office of Social Insurance.
  2. 2 -The liaison bodies shall, namely:
    1. a)Establish, by mutual agreement, the collection of documents necessary for the application of the Agreement and of this Arrangement;
    2. b)Take, by mutual agreement, measures of an administrative nature for the application of this Arrangement;
    3. c)Take measures in order to inform the persons concerned of their rights and of the appropriate procedures for the exercise of those rights.

      Article 3

      Admission to voluntary insurance - Implementation of article 5 of the Agreement

  3. 1 -In order to invoke the provisions of article 5(1) of the Agreement, the person concerned shall submit to the competent institution a certified statement relating to the periods of insurance completed under the legislation to which he was last subject.
  4. 2 -The certified statement shall be issued, at the request of the person concerned, by the competent institution of the Contracting State to whose legislation he was last subject.
  5. 3 -If the claimant does not submit the said certified statement, the competent institution shall obtain it from the competent institution of the other Contracting State.

    Article 4

    Prevention of overlapping of benefits - Implementation of article 7 of the Agreement

    Where in accordance with article 7(3) of the Agreement benefits due are simultaneously reduced, suspended or withdrawn under the legislation of both Contracting States, the reduction, suspension or withdrawal of each of them shall not exceed half the amount corresponding to the one that should have been reduced, suspended or withdrawn from the benefit.

    Article 5

    Rules on the aggregation of periods of insurance

    For the aggregation of periods of insurance completed under the legislation of both Contracting States by virtue of the Agreement, the competent institution shall apply the following rules:

    1. a)Where a period of insurance completed under a compulsory insurance under the legislation of a Contracting State wholly or partly coincides with a period of insurance completed under a voluntary insurance under the legislation of the other Contracting State, only the period completed under the compulsory insurance shall be taken into account by the competent institution;
    2. b)Where a period of insurance, other than an equivalent period, completed under the legislation of a Contracting State coincides with an equivalent period completed under the legislation of the other Contracting State, only the period of insurance in the part where it does not coincide shall be taken into account by the competent institution;
    3. c)Any period treated as equivalent simultaneously, wholly or partly, under the legislations of both Contracting States shall be taken into account only by the institution of the Contracting State under whose legislation the insured person was last compulsorily insured prior to the said period in the part where it does not coincide;
    4. d)In the case mentioned in subparagraph c), where the insured person has not been compulsorily insured under the legislation of a Contracting State before the said period, the latter shall be taken into account by the competent institution of the Contracting State under whose legislation the person was compulsorily insured for the first time after the period in question;
    5. e)Where it is not possible to determine accurately the period of time in which certain periods of insurance were completed under the legislation of a Contracting State, such periods shall be presumed not to overlap with periods of insurance completed under the legislation of the other Contracting State and shall, where advantageous, be taken into account.

      TITLE II

      Implementation of the general provisions of the Agreement for the determination of the legislation applicable

      Article 6

      Formalities in cases of posting of an employed person pursuant to article 9(1)(2) and (4) of the Agreement

  6. 1 -In the cases covered by article 9(1) and (4) of the Agreement, the competent authority or the competent institution where the worker is insured shall send to the employer or to the worker, according to whether he is an employed or self-employed worker, at his request, a certificate stating that he remains subject to the legislation which they administers, indicating the anticipated period of posting.
  7. 2 -The certificate referred to in paragraph 1 contains all information regarding the worker and his employer, as well as the duration of the period of posting, the name and address of the undertaking or body where the work shall be performed, the stamp of the competent authority or of the competent institution and the date of issue.
  8. 3 -In the case covered by article 9(1) of the Agreement, the employer, before the term of the first period of twenty four months, shall apply for the consent of the authority or of the designated body of the Contracting State of the place of posting, in a form established for this purpose.
  9. 4 -The authority or the designated body of the Contracting State of the place of posting referred to in paragraph 3 shall indicate in the mentioned form the decision taken, send a copy to the employer and send another copy to the authority of the other Contracting State, keeping a third copy for itself.
  10. 5 -If the worker ceases the posting before the date established for its term, the undertaking which normally employs him shall communicate this new situation to the competent authority or institution of the Contracting State in which the worker is insured, which immediately informs the competent authority or institution of the other Contracting State.

    Article 7

    Exercise of right of option by persons employed by diplomatic missions and consular posts - Implementation of article 10(3) of the Agreement

  11. 1 -The employed person who has exercised the right of option provided for in article 10(3) of the Agreement shall inform the competent institution of the Contracting State for whose legislation he has opted and, at the same time, notify his employer thereof.
  12. 2 -The institution referred to in paragraph 1 shall hand in to the employed person a certificate stating that he is subject to the legislation it administers and inform the competent institution of the other Contracting State.

    TITLE III

    Implementation of the provisions of the Agreement relating to the different kinds of benefits

    CHAPTER I

    Sickness and maternity, paternity and adoption

    Cash benefits

    Article 8

    Certified statement of periods of insurance - Implementation of article 12 of the Agreement

  13. 1 -In order to invoke the provisions of article 12 of the Agreement, the worker shall submit to the competent institution a certified statement specifying the periods of insurance completed under the legislation to which he was last subject.
  14. 2 -This certified statement shall be issued at the request of the worker by the competent institution of the Contracting State with which he was last insured.
  15. 3 -If the worker does not submit the certified statement the competent institution shall obtain it from the competent institution of the other Contracting State.

    Article 9

    Cash benefits in the case of residence in a Contracting State other than the competent one - Implementation of article 13 of the Agreement

  16. 1 -In order to receive cash benefits under article 13 of the Agreement, the worker shall forthwith submit his claim to the competent institution, directly or through the institution of the place of residence, which shall forward it to the competent institution.
  17. 2 -Subject to article 25 of this Arrangement, the worker referred to in paragraph 1 may, at the request of the competent institution, be submitted to administrative checks and medical examinations according to the rules provided for in the legislation applicable by the institution of the place of residence.

    CHAPTER II

    Invalidity, old age and survivors' pensions and death benefits

    SECTION I

    Invalidity, old age and survivors' pensions

    Article 10

    Submission of claims for benefits - Implementation of articles 15 and 16 of the Agreement

  18. 1 -In order to receive invalidity, old age and survivors' pensions under articles 15 and 16 of the Agreement, a worker or his survivor, residing in Portugal or in Moldova, shall submit the claim to the competent institution of the Contracting State in whose territory the person concerned resides, in accordance with the procedures provided for by the legislation administered by that institution.
  19. 2 -Where a claimant resides in the territory of a third State, he shall submit the claim to the competent institution of the Contracting State to whose legislation the worker was last subject.
  20. 3 -If the claim is submitted to an institution other than those referred to in paragraphs 1 and 2 of this article, this institution shall immediately forward the claim to the institution to which it should have been submitted, indicating the date in which the claim was received.
  21. 4 -The date mentioned in paragraph 3 shall be considered as the date on which the claim was submitted to the latter institution.

    Article 11

    Documents and information

    The submission of claims referred to in article 10 of the Arrangement shall be subject to the following rules:

    1. a)The claim must be accompanied by the required supporting documents and must be made on the form provided for by the legislation:
      1. i)Of the Contracting State in whose territory the claimant resides in the case referred to in paragraph 1 of that article 10;
      2. ii)Of the Contracting State to which the worker was last subject in the case referred to in paragraph 2 of the same article 10;
    2. b)The accuracy of the information supplied by the claimant must be established by official documents attached to the claim form, or confirmed by the competent bodies of the Contracting State to which the institution that received the claim belongs;
    3. c)The claimant must indicate, as far as possible, the institution or institutions of both Contracting States with which the worker has been insured, as well as the employer or employers for whom he has worked in those Contracting States.

      Article 12

      Forms to be used for the investigation of claims

  22. 1 -When investigating claims for benefits the institution that receives the claim shall use a liaison form and forward it in duplicate to the competent institution of the other Contracting State.
  23. 2 -The transmission of the liaison form shall take the place of the supporting documents as long as the data contained in the form are authenticated by the sending institution which shall certify that the original documents contained in the file match the data given in the form.

    Article 13

    Procedures to be followed by the competent institutions

  24. 1 -The institution that receives the claim shall enter on the form provided for in article 12 of the Arrangement the date on which the claim was submitted, the periods of insurance completed by the worker under the legislation which it administers, as well as the possible rights arising from those periods.
  25. 2 -When the claim concerns invalidity benefits the institution referred to in paragraph 1 shall enclose to the liaison form the medical reports available for the application of its own legislation.
  26. 3 -The competent institution of the other Contracting State shall complete the liaison form by indicating the periods of insurance completed under the legislation which it administers and the possible rights acquired by the claimant, if necessary, resorting to the aggregation of periods of insurance provided for in article 15 of the Agreement. This institution shall, without delay, return a copy of the form thus completed to the institution that received the claim.
  27. 4 -On receipt of the copy of the liaison form, the institution that received the claim, after having determined the entitlement to benefits, if necessary, resorting to the aggregation of periods of insurance provided for in article 15 of the Agreement, shall notify its decision to the competent institution of the other Contracting State.

    Article 14

    Notification of decisions

    The competent institution of either Contracting States shall notify the claimant of its decision, specifying the grounds and the time limits for appeal and send a copy to the competent institution of the other Contracting State.

    Article 15

    Currency conversion

    For the purposes of article 16(5) of the Agreement, the conversion of the pension amounts in the currencies with legal course of both Contracting States shall be made at the official rate of exchange of the day in which that provision shall apply.

    SECTION II

    Death grants

    Article 16

    Certified statement of periods of insurance - Implementation of article 17 of the Agreement

    In the cases where article 17 of the Agreement apply the competent institution of a Contracting State shall obtain from the competent institution of the other Contracting State a certified statement on the periods of insurance completed under the legislation of the latter Contracting State.

    CHAPTER III

    Unemployment

    Article 17

    Payment of benefits - Implementation of article 18 of the Agreement

    The unemployment benefits provided for in article 18 of the Agreement shall be paid according to the procedures and the time limits laid down by the legislation applicable in either Contracting State.

    CHAPTER IV

    Accidents at work and occupational diseases - Cash benefits

    Article 18

    Cash benefits in the case of residence in a Contracting State other than the competent one - Implementation of article 19 of the Agreement

  28. 1 -In order to receive cash benefits under article 19 of the Agreement, a worker or his survivor shall submit the claim directly to the competent institution or through the institution of the place of residence which shall forward it to the competent institution.
  29. 2 -The competent institution shall verify the right of the worker and of his survivors in accordance with the legislation which it administers and shall establish the amount of the benefits.
  30. 3 -The same institution shall notify directly the claimant of its duly justified decision specifying the grounds and the time limits for appeal.

    Article 19

    Assessment of the degree of incapacity - Implementation of article 20(1) of the Agreement

  31. 1 -In order to assess the degree of incapacity in the cases referred to in article 20(1) of the Agreement, the worker shall supply the competent institution with all information on the accidents at work sustained or the occupational diseases contracted when he was subject to the legislation of the other Contracting State, whatever the degree of incapacity caused by those contingencies.
  32. 2 -The information referred to in paragraph 1 shall, as far as possible, be confirmed by the competent institution of the Contracting State in whose territory the accident occurred or the occupational disease was diagnosed.

    Article 20

    Procedures in the case of exposure to the same risk of an occupational disease in both Contracting States - Implementation of article 21 of the Agreement

  33. 1 -In the case covered by article 21 of the Agreement, notification of the occupational disease shall be forwarded to the competent institution of the Contracting State in whose territory the person suffering from the occupational disease last pursued an activity liable to cause the occupational disease in question, or to the institution of the place of residence, which shall forward it, without delay, to the competent institution.
  34. 2 -When the competent institution of the Contracting State in whose territory the worker last pursued an activity liable to cause the occupational disease in question ascertains that the worker or his survivors do not meet the conditions of the legislation it administers, even taking into account the provisions of article 20(2)(3) of the Agreement, the said institution shall:
    1. a)Forward, without delay, to the institution of the Contracting State in whose territory the person suffering from the disease previously pursued an activity liable to cause the disease in question, the certified statement and the accompanying documents as well as a copy of the decision referred to under (b);
    2. b)Simultaneously notify the person concerned of its decision to reject the claim, indicating namely, the conditions that need to be met for the entitlement to benefits, the grounds and time limits for appeal, and the date on which the certified statement was forwarded to the investigating institution.

      Article 21

      Aggravation of an occupational disease

      Implementation of article 22 of the Agreement

  35. 1 -For the purposes of article 22 of the Agreement, the worker shall provide the institution of the Contracting State of his new residence with all necessary information relating to benefits previously granted in respect of the occupational disease in question. The institution may apply to the institution which has previously been competent in order to obtain further information.
  36. 2 -In the case covered by article 22(a) of the Agreement, where the worker has not pursued, in the territory of the Contracting State of his new residence, an activity liable to aggravate the occupational disease in question, the institution of his new residence shall send to the competent institution of the other Contracting State a copy of the decision to reject the claim of which the person concerned has already been notified, being applicable, if necessary, the provision of article 20(2) of the Arrangement.
  37. 3 -In the case covered by article 22(b) of the Agreement, where the worker has actually pursued in the territory of the Contracting State of his new residence an activity liable to aggravate the occupational disease in question, the institution of his new residence shall inform the competent institution of the other Contracting State of the charge for which it is responsible.

    Article 22

    Appeal against a decision to reject a claim

    Where an appeal is lodged against a decision to reject a claim taken by the competent institution of the Contracting State in whose territory the person suffering from the disease last pursued an activity liable to aggravate the occupational disease in question, that institution shall inform the institution of the other Contracting State of that fact and of the final decision.

    Article 23

    Designation of the competent institutions

    For the purposes of articles 19 to 22 of the Agreement, the following bodies shall be designated as competent institutions:

    1. a)For the Portuguese Republic, the Social Security Institute, through the National Centre for the Protection of Occupational Risks;
    2. b)For the Republic of Moldova, the National Office of Social Insurance.

      TITLE IV

      Miscellaneous provisions

      Article 24

      Duty of information

      The competent institutions of either Contracting State shall immediately inform the competent institutions of the other Contracting State of all facts that they take notice, which are relevant for the application of the Agreement and of the present Arrangement, namely those related to the maintenance of the right to the benefits.

      Article 25

      Administrative checks and medical examinations

  38. 1 -Administrative checks and medical examinations of persons entitled to benefits under the legislation of a Contracting State who reside in the territory of the other Contracting State shall be carried out at the request of the competent institution, by the institution of the place of residence or by the liaison body, which may use the services of an institution designated by them.
  39. 2 -The competent institution shall, however, reserve the right to have the person entitled to benefits examined by a doctor of choice of the same competent institution.

    Article 26

    Determination of the degree and group of invalidity

  40. 1 -In order to determine the degree and group of invalidity, the institutions of both Contracting States shall take into account the medical reports and the information of an administrative nature obtained by the institution of the other Contracting State, reserving, however, the right to have the claimant examined by a doctor of its own choice.
  41. 2 -The costs entailed in administrative and medical control necessary for the provision or review of benefits shall be refunded by the institution on whose behalf they were made to the institution which has been responsible therefore, on the basis of the charges applied by the latter institution.
  42. 3 -The refunds referred to in paragraph 2 shall be made through the following institutions:
    1. a)In the Republic of Portugal: the Social Security Institute through the Department for Financial Management;
    2. b)In the Republic of Moldova: the National Office of Social Insurance.

      Article 27

      Reinstatement of the payment of benefits

      When, after the suspension of a benefit granted under the legislation of a Contracting State, the person concerned recovers his right to the same benefit whilst residing in the territory of the other Contracting State, the institutions concerned shall exchange all relevant information with a view to the resumption of the payment of the said benefit.

      Article 28

      Payment of benefits

      The cash benefits due by the competent institutions of the Contracting States shall be paid directly to the person concerned, regardless of his residence being in one or the other Contracting State, without the deduction to that amount of postal and bank fees which shall be borne by the institution responsible for payment.

      Article 29

      Life and civil status certification

      The competent institutions of both Contracting States may ask the person concerned, directly or through the institution of the place of residence, for a life and civil status certificate, as well as other documents necessary to verify the right to or the maintenance of the benefits.

      Article 30

      Claims, declarations or appeals submitted in the Contracting State other than the competent State - Implementation of article 26 of the Agreement

      For the purposes of article 26 of the Agreement, the authority, institution or tribunal of the Contracting State which has received the claim, declaration or appeal, shall forward it without delay to a corresponding authority, institution or tribunal of the other Contracting State, indicating the date of receipt.

      Article 31

      Joint committee

      The competent authorities shall establish a technical joint committee that shall meet alternatively in Portugal and in Moldova, in order to:

    3. a)Deliver reasoned opinions on questions concerning the interpretation and implementation of the Agreement and of the Arrangement;
    4. b)Establish the model forms provided for in the Arrangement, as well as the procedures necessary for the implementation of the Agreement and the Arrangement;
    5. c)Settle up the accounts existing between the institutions of the Contracting States;
    6. d)Deliver reasoned opinions on any question submitted for analysis by the competent authorities.

      Article 32

      Entry into force

      This Arrangement shall enter into force on the day of its signature, shall produce legal effects since the date of entry into force of the Agreement and shall have the same duration that of the latter.

      Done in two copies at Lisbon this 26 th day of October 2011, in the portuguese, moldovan and english languages, all texts being equally authoritative. In the event of a divergent interpretation of the portuguese and the moldovan texts, the english text shall prevail.

      For the Portuguese Republic:

      Luís Pedro Russo da Mota Soares, Minister of Solidarity and Social Security.

      For the Moldova Republic:

      Valeriu Turea, Ambassador Extraordinary and Plenipotentiary of Moldova Republic to the Portuguese Republic.

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