30. pants

Līguma grozījumi

Šā līguma grozījumi un papildinājumi tiek veikti, izmantojot

protokolus par grozījumiem, kas kļūst par neatņemamu šā līguma

sastāvdaļu.

TO APLIECINOT, attiecīgi pilnvarotas personas ir parakstījušas

šo līgumu.

Parakstīts Briselē 2023. gada 11. decembrī divos

oriģināleksemplāros latviešu, rumāņu un angļu valodā, visiem

tekstiem ir vienāds juridiskais spēks. Atšķirīgas interpretācijas

gadījumā noteicošais ir teksts angļu valodā.

LATVIJAS REPUBLIKAS VĀRDĀ

(paraksts)

Arturs

Krišjānis Kariņš

Latvijas Republikas

ārlietu ministrs

MOLDOVAS REPUBLIKAS VĀRDĀ

(paraksts)

Nicolae

Popescu

Moldovas Republikas

ārlietu un Eiropas

integrācijas lietu ministrs

AGREEMENT BETWEEN THE REPUBLIC OF

LATVIA AND THE REPUBLIC OF MOLDOVA ON SOCIAL SECURITY

The Republic of Latvia and the Republic of Moldova

(hereinafter - "the Parties"),

Wishing to strengthen the existing friendly relations between

the two countries,

Being desirous to develop mutual cooperation between the two

countries in the field of social security,

Taking into account the decision of the European Council of 23

June 2022 to recognize the European perspective of the Republic

of Moldova and to grant to the Republic of Moldova the status of

candidate country for the European Union membership,

Recognising the commitment of the Republic of Moldova to

progressively approximate its legislation in the relevant sectors

with that of the European Union, inter alia regarding the areas

of employment and social policy, mobility as well as to ensure

high level of protection of personal data,

Having regard to Regulation (EU) 2016/679 of the European

Parliament and of the Council of 27 April 2016 on the protection

of natural persons with regard to the processing of personal data

and on the free movement of such data, and repealing Directive

95/46/EC (General Data Protection Regulation) and to Regulation

(EC) No 883/2004 of the European Parliament and of the Council of

29 April 2004 on the coordination of social security systems,

Have agreed as follows:

Part I

GENERAL PROVISIONS

Article 1

Definitions

1. In this Agreement, unless the context requires otherwise,

the following terms and expressions mean:

"legislation" - laws, regulations and other

regulatory framework of the Parties, specified in the Article 2

of this Agreement, which refer to the areas of social

security;

"pension, benefit and insurance compensation"

- payments in cash of the Party relating to branches of social

security specified in the Article 2 of this Agreement, including

insurance compensations for incapacity for work and indemnities

in case of accidents at work and occupational diseases, as well

as compensations for loss of provider and all components and

increases, supplements or its additional amounts, which are

payable to a person under the legislation of each Party;

"insurance period" - a period in respect of

which state social insurance contributions are made, as well as

other periods, which according to the legislation of the Parties

are deemed as equivalent to the insurance periods;

"place of residence" - the actual place of

residence of a person, including those persons who have a

temporary or permanent residence permit to reside in the

territory of the Party;

"Competent authority":

in the Republic of Latvia - the Ministry of Welfare;

in the Republic of Moldova - the Ministry of Labour and Social

Protection;

"Competent institution" - the institution

responsible for awarding and payment of pensions, benefits and

insurance compensations according to the legislation of the

Party;

"personal data" - any information relating to

an identified or an identifiable natural person as defined in the

legislation of the Party.

"data processing" - any operation or set of

operations which is performed on personal data or on sets of

personal data, whether or not by automated means, such as

collection, recording, organisation, structuring, storage,

adaptation or alteration, retrieval, consultation, use,

disclosure by transmission, dissemination or otherwise making

available, alignment or combination, restriction, erasure or

destruction.

2. The meaning of the other terms and expressions used in the

Agreement corresponds to the one defined in the legislation of

Parties.

Article 2

Material Scope of the Agreement

1. This Agreement shall apply to the branches of social

security and state social insurance contributions, regulated by

the legislation of the Parties, mentioned herein under:

In the Republic of Latvia regarding old age, disability and

survivors' pension, death grant and benefit for the spouse of the

deceased pension beneficiary and state social security benefit,

as well as insurance compensation for incapacity for work in case

of accident at work and occupational diseases, as well as

compensation for the loss of provider:

Law on State Social Insurance

Law on State Pensions

Law on State Funded Pensions

Law on Mandatory Social Insurance in Respect of Accidents at

Work and Occupational Diseases

Law on State Social Allowances, to the extent that it applies

to state social security benefit.

In the Republic of Moldova regarding old age pension,

disability pension caused by a general disease, disability

pension and indemnity caused by a work accident and an

occupational disease, survivors' pension and death grant.

2. This Agreement shall apply to the legislation which amends,

supplements, consolidates or supersedes the legislation of the

Parties, which regulates the areas specified in this Article.

3. This Agreement shall not apply:

to social assistance type of measures and

in relation to the Republic of Latvia - to service

pensions;

in relation to the Republic of Moldova - to special

pensions.

4. The Agreement shall apply without prejudice to the

obligations arising from membership in the European Union.

Article 3

Persons to Whom the Agreement Applies

This Agreement shall apply to those persons whose place of

residence is in the territory of the Parties, who are or have

been subject to the legislation mentioned in the Article 2 of one

or both Parties, and, where applicable, to other persons in

regard to the rights that they derive from persons mentioned

above.

Article 4

Equality of Treatment

1. Unless otherwise provided for by the Agreement, persons to

whom this Agreement applies shall enjoy the same benefits and be

subject to the same obligations under the legislation of the

Parties as the nationals thereof.

2. Paragraph 1 shall not apply to the legislation of the

Republic of Latvia regarding insurance periods accumulated prior

to 1 January 1991 outside the Republic of Latvia.

Article 5

Export of Pensions, Benefits and Insurance Compensations

1. Pensions, benefits and insurance compensations of one

Party, which are payable based on this Agreement, shall be paid

in accordance with the Agreement, to a person even if his/her

place of residence is in the territory of the other Party. This

provision may equally apply to pensions, benefits and insurance

compensations awarded by either Party prior to entry into force

of the Agreement.

2. Paragraph 1 shall not apply in relation to the Republic of

Latvia to state social security benefit and supplement to an old

age pension and disability pension for insurance periods

accumulated prior to 31 December 1995.

Article 6

Overlapping of Benefits

1. This Agreement shall neither confer nor maintain the right

under the legislation of the Parties to several benefits of the

same kind for the same insurance periods.

2. However, where a compulsory insurance period completed

under the legislation of one Party coincides with a compulsory

insurance period completed under the legislation of the other

Party, each Party shall take into account only the compulsory

insurance period completed under its own legislation.

3. Where a compulsory insurance period completed under the

legislation of one Party coincides with an equivalent period

completed under the legislation of the other Party, only the

compulsory insurance period shall be taken into account.

Part II

APPLICABLE LEGISLATION

Article 7

General Rules of Applicable Legislation

1. A person to whom this Agreement applies shall be subject to

the legislation of one Party only. Such legislation shall be

determined in accordance with provisions of this Agreement.

2. A person pursuing an activity as an employed or a

self-employed person in a territory of a Party, shall be subject

to the legislation of that Party.

3. Paragraph 2 of this Article has following exceptions:

a) To a person, who works and resides in the territory of one

Party, but is employed in an enterprise, registered in the

territory of the other Party, the legislation of the first Party

is applicable;

b) To a person, who is employed in different enterprises or

different entities of the enterprises, registered in the

territories of both Parties, the legislation of that Party, in

the territory of which the person has the place of residence, is

applicable;

c) To a person, to whom the legislation of one Party is

applicable and who is posted for a limited period of time to work

in the territory of the other Party, the legislation of the first

Party continues to apply, provided that respective posting does

not exceed twenty-four (24) months and employer normally carries

out its activities in the territory of the Party, who posted the

person. The Competent institutions in the interests of the person

concerned, may mutually agree that the provisions of this

subparagraph shall be extended for a period not longer than

twelve (12) months.

4. The provisions of this Article are not applicable to the

cases of posting prior to entry into force of the Agreement.

5. The Competent institutions of both Parties may by common

agreement provide for exceptions to Articles 7 to 11 of this

Agreement in the interest of person concerned.

Article 8

Personnel of the International Transport Undertakings

To a person employed by an international transport undertaking

(rail, air or road transport) which has its registered office in

the territory of a Party, the legislation of that Party is

applicable.

However:

a) to a person employed by a branch or permanent

representation of the said undertaking, the legislation of the

Party in the territory of which such branch or permanent

representation is situated is applicable;

b) to a person, employed in the territory of the Party where

is also his/her place of residence, the legislation of that Party

is applicable, even if the undertaking which employs this person

has no registered office or branch or permanent representation in

its territory.

Article 9

Crew Members on Vessels

1. To a person performing a gainful activity on board of a

vessel flying the flag of either Party, the legislation of the

Party whose flag the vessel is flying is applicable.

2. To a person, who is employed in a port of a Party, but who

is not a member of the crew on a vessel, and is engaged in

loading, unloading and repairing a vessel flying the flag of the

other Party or supervises such activities, the legislation of the

Party of the port is applicable.

Article 10

Diplomatic Missions and Consular Posts

The members of diplomatic missions and consular posts, as well

as the members of their families shall be subject 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 11

Civil Servants

To civil servants the legislation of the Party employing the

civil servant concerned is applicable for the duration of that

employment.

Article 12

State Social Insurance Contributions

State social insurance contributions are payable starting from

the first day of employment and in accordance with the

legislation applicable to the person concerned.

Part III

OLD AGE, DISABILITY, SURVIVORS' PENSIONS AND STATE SOCIAL

SECURITY BENEFIT

Article 13

Determination of the Rights to Pension and Aggregation

Provisions

1. Each Party determines the rights to pension for those

insurance periods, which are accumulated in its' territory,

according to the legislation of the respective Party.

2. If the right to a pension according to the legislation of

the Party is not acquired by the person, then for the eligibility

to the pension the insurance periods, confirmed by the Competent

institution of the other Party, are taken into account, with a

condition that these periods do not overlap.

3. Insurance periods accumulated in the territory of third

countries before 1 January 1991 for the Republic of Latvia and

before 1 January 1992 for the Republic of Moldova and taken into

account according to the legislation of both Parties, shall be

included in insurance periods by the Party, in the territory of

which the person, who has applied for awarding or recalculation

of the pension, resides.

4. However, the insurance periods before 1 January 1991,

completed by the citizens of the Republic of Latvia in the

territory of the Republic of Moldova, comprised solely of

military service, shall be included in the insurance periods of

the Republic of Latvia in the interests of the person concerned.

If this person resides in the territory of the Republic of

Latvia, such periods may be taken into account both when

determining the pension rights and calculating the amount of

pension.

5. Where all the insurance periods completed by a person under

the legislation of one Party total less than one (1) year, those

periods shall be treated as if completed under the legislation of

the other Party. Where such periods cannot be used to enhance the

entitlement of the person, they shall be disregarded and neither

Party shall be required to pay a pension for those periods.

6. When determining eligibility to the old age pension for

work in hazardous and particularly hazardous working conditions,

the insurance periods, accumulated in the territory of both

Parties and according to the legislation of each Party at the

same occupation or employment, as appropriate (conditions, works,

professions, positions and enterprises), are taken into account,

except for cases when these periods overlap.

Article 14

Calculation of Pension Amount

1. Each Party calculates and awards pension, which corresponds

to the insurance period, accumulated in the territory of the

Party according to the legislation of the respective Party.

2. If, according to the legislation of one Party, the

eligibility to a pension is acquired applying aggregation

provisions of the Paragraph 2 Article 13, the Competent

institution of the Party determines the eligibility to the

pension, but the pension is awarded only for the insurance

periods of that Party.

3. In the event an insurance period accumulated in the

territory of the Republic of Latvia is less than required for

eligibility to the pension under the legislation of the Republic

of Latvia and if according to the said legislation the pension is

not calculated but awarded in a certain amount, applying the

provisions of the Agreement the pension shall be calculated as a

proportion of the insurance period accumulated in the Republic of

Latvia against total insurance periods acquired in the

territories of both Parties.

4. In case the total amounts of pensions provided by one or

both Parties through aggregation provisions, do not reach the

state social security benefit amount, a supplement is awarded to

a pension beneficiary while residing in the territory of the

Republic of Latvia.

Article 15

Revision of Eligibility to Pensions

1. Pensions awarded prior to the entry into force of the

Agreement, shall not be revised according to the provisions of

this Agreement.

2. If prior to the entry into force of the Agreement one Party

has awarded a pension, but has not taken into account the

insurance periods completed in the territory of the other Party,

then this other Party, in the territory of which the periods were

completed, shall award the pension, taking into account these

periods according to the provisions of the Agreement.

Article 16

State Social Security Benefit in the Republic of Latvia

1. State social security benefit shall be awarded according to

the legislation of the Republic of Latvia, if the place of

residence of the person is in its territory.

2. To determine rights for the state social security benefit

of the Republic of Latvia for persons, to whom the legislation of

the Republic of Moldova has been applicable before, and who have

lived in the Republic of Latvia without any interruption for the

last twelve (12) months before applying for the benefit, if the

total residence period is sixty (60) months, the residency

periods accumulated in the territory of the Republic of Moldova

are taken into account.

Part IV

INSURANCE COMPENSATIONS AND INDEMNITIES RELATED TO ACCIDENTS AT

WORK AND OCCUPATIONAL DISEASES

Article 17

Granting of Insurance Compensations and Indemnities

1. Insurance compensations and indemnities related to

accidents at work, occupational diseases or death, if it has

occurred because of these reasons, shall be granted and paid by

that Party, the legislation of which was applicable to the person

at the moment, when the accident happened, or during that time,

when the work, which caused the occupational disease, was

performed for the last time, regardless of when the condition was

established for the first time in the territory of the other

Party.

2. If a person who has been diagnosed with an occupational

disease has worked in the territory of both Parties in

circumstances and industries, which could cause occupational

disease, the benefit related to accident at work or occupational

disease is granted and paid by the Party, in whose territory the

person was last insured.

3. If the level of the loss of the capacity for work changes,

the amount of the benefit related to accident at work or

occupational disease is recalculated by the Party, which has

granted the insurance compensation or indemnity.

Article 18

Limitations

This Part applies to the cases of accidents at work,

occupational diseases or deaths, if these have occurred due to

the named reasons, which have happened or have been established

before the entry into the force of the Agreement:

for the Republic of Latvia - not earlier than 1 January

1997;

for the Republic of Moldova - not earlier than 23 September

2000.

Part V

DEATH GRANTS AND BENEFITS FOR THE SPOUSE OF THE DECEASED PENSION

BENEFICIARY

Article 19

Allocation of the Death Grants

1. For the person, who received a pension or insurance

compensation from one Party, but deceased in the territory of

other Party after entry into force of the Agreement, the death

grant is allocated to person entitled according to the

legislation of the Party, which paid a pension or insurance

compensation until the death of the person. The payment is made

according to the provisions of the Agreement.

2. If the deceased person received a pension or insurance

compensation according to the legislation of both Parties, death

grant is allocated and paid according to the legislation of both

Parties.

Article 20

Granting of the Benefit for the Spouse of Deceased Pension

Beneficiary in the Republic of Latvia

In case of death of the person, which occurred following the

entry into force of the Agreement, who has received a pension

according to the legislation of the Republic of Latvia, the

benefit for the deceased person is allocated to the surviving

spouse - a pension beneficiary, who resides in the Republic of

Moldova and receives an old age, disability, service pension or

special state pension according to the legislation of the

Republic of Latvia.

Part VI

ADMINISTRATIVE COOPERATION

Article 21

Administrative Measures

1. The Competent authorities of the Parties shall mutually

agree on the implementation procedure by concluding Implementing

Agreement.

2. The Implementing Agreement shall contain an annex on

guarantees for protection levels of natural persons with regard

to the processing and international transfer of personal

data.

3. The Competent authorities of the Parties shall designate

Competent institutions for the purpose of implementation of this

Agreement.

Article 22

Currency and Payment Procedure

Transfer of payment of the pensions, benefits and insurance

compensations, provided by the Party according to the Agreement,

shall be made directly to the beneficiary's bank account in the

territory of a Party, monthly without any deduction for

administrative expenses.

- The Republic of Latvia shall make the payment's transfer in

euro currency to the beneficiary's account in a credit

institution.

- The Republic of Moldova shall make the payment's transfer in

national currency for the beneficiaries with the place of

residence in the territory of the Republic of Moldova and in euro

currency for the beneficiaries with the place of residence in the

territory of the Republic of Latvia.

Article 23

Exchange of Information and Mutual Assistance

1. The Competent institutions of the Parties deliver all the

necessary information on facts relevant for the implementation of

the Agreement and take action for establishing such facts and

circumstances.

2. The Competent authorities of the Parties shall communicate

to each other as soon as possible all relevant information about

changes in their national legislation in so far as these changes

affect the application of the Agreement.

3. The information to be exchanged between the Competent

institutions of the Parties for the implementation of the

Agreement shall be agreed in the Implementing Agreement.

Article 24

Submission of Documents

1. Any pension, benefit or insurance compensation is granted

based on a claim from the person concerned, submitted according

to the procedures set in legislation.

2. Any claim or appeal for a pension, benefit or insurance

compensation which should for the purposes of the legislation of

one Party, have been submitted within a prescribed period to the

Competent institution of that Party, shall be treated as if it

had been submitted within the same period to the Competent

institution of the other Party.

3. The Competent institution of one Party shall recognize the

documents of official nature produced and conveyed between the

Parties for the purposes of application of this Agreement, and

such documents, if certified by Competent institution, shall be

exempt from any requirement of authentication by diplomatic or

consular authorities or similar formality.

4. Competent institutions agree on procedures for certifying

the copies of translations of documents, issued in the official

languages of both Parties.

Article 25

Personal Data Processing

1. Personal data on social security entitlements and

obligations, processed in order to carry out tasks of public

administration and specified in the Implementing Agreement, shall

be processed exclusively for the purposes of implementation of

this Agreement, unless otherwise required by laws and

regulations. The Competent institution of a Party shall, in

accordance with its laws and regulations, provide to the

Competent institution of the other Party personal information

collected under the legislation of that Party insofar as that

information is necessary for the implementation of this

Agreement.

2. Competent institutions shall provide for protection levels

of natural persons with regard to the processing of personal

data, comparable to the those of the European Union.

Article 26

Medical Examination

1. Medical examination and repeated examination of the person

in order to ascertain the level of the capacity for work,

disability group or degree and its causes shall be performed by

the Party, in which is the place of residence of the person. The

respective service provided for in the legislation of the Party

shall be free of charge.

2. Decision on the level of the capacity for work, disability

group or degree and its causes shall be made by the institution

responsible for assessment of disability and work capacity of the

Party in the territory of which is located the Competent

institution responsible for awarding of the pension, benefit or

insurance compensation. In order to take the decision, the

institution responsible for assessment of disability and work

capacity of one Party shall take into account the detailed data

of the medical examination and medical documents issued by the

respective institution of the other Party, if it is the place of

residence of the person.

3. The detailed data of the medical examination and medical

documents on the level of the capacity for work, disability group

or degree and its causes shall be communicated by the Competent

institutions.

Article 27

Dispute Settlement

Any disputes which arise in relation with implementing and

interpreting the Agreement, shall be resolved by the Competent

authorities of Parties through direct consultations and

negotiations.

Part VII

FINAL PROVISIONS

Article 28

Entry into Force of the Agreement

1. The Agreement shall enter into force on the first day of

the third month following the date of receipt of the last written

notification through diplomatic channels of the completion of the

internal legal procedures necessary for the entry into force of

the Agreement.

2. The commencement date of a pension, benefit or insurance

compensation payable pursuant of this Agreement shall be

determined in accordance with the legislation of the Party

concerned, but in no case, it will be earlier than the date on

which this Agreement enters into force.

Article 29

Duration and Termination of the Agreement

1. The Agreement is concluded for an indefinite period.

2. Each Party may denounce the Agreement by sending a written

notification to the other Party through diplomatic channels but

no later than six (6) months before the end of a given calendar

year. In this case the Agreement shall expire in the last day of

this calendar year.

3. In the event of termination of this Agreement, all rights

acquired under this Agreement shall be maintained.

Article 30

Amendments to the Agreement

Amendments and supplements to this Agreement are made in a

form of protocols on amendments, which shall become an integral

part of this Agreement.

IN WITNESS WHEREOF, the undersigned, being duly authorised

thereto, have signed this Agreement.

Done at Brussels on 11th December 2023 in two

originals in the Latvian, Romanian and English languages, all the

texts being equally authentic. In case of divergence in the

interpretation, the English text shall prevail.

FOR THE REPUBLIC OF

LATVIA

(signature)

Arturs

Krišjānis Kariņš

Minister of Foreign Affairs

of

The Republic of Latvia

FOR THE REPUBLIC OF

MOLDOVA

(signature)

Nicolae

Popescu

Minister of Foreign Affairs

and

European Integration of

the Republic of Moldova