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| Act On Hungarians Living In Neighbouring Countries
|Act On Hungarians Living In Neighbouring Countries
In order to comply with its responsibilities for Hungarians living outside the borders as enshrined in article (3) of Â§ 6 of the Constitution of the Republic of Hungary;
In order to promote the preservation of their relations with Hungary;
Having regard to the universally accepted norms of international law, as well as to the international legal obligations of the Republic of Hungary;
Taking into account the aims of the Republic of Hungary in European integration, as well as the basic principles of the Law of the European Union regarding the respect for human rights and respect for the rights of national minorities and the rule of law;
Having regard to the development of regional relations within the region of Central Europe,
In order to ensure special relations of the Hungarians living in neighbouring countries to the Hungarian nation as a whole, the promotion and preservation of their well-being and national identity within their home country;
Without prejudice to the preferences and support provided by law for persons of Hungarian nationality living outside the Hungarian borders in other parts of the world;
Herewith creates the following Act:
(1) The Act covers those persons of Hungarian nationality who are not Hungarian citizens and reside in the Republic of Croatia, the Federal Republic of Yugoslavia, the Republic of Austria, Romania, the Republic of Slovenia, the Slovak Republic or the Ukraine, who
a. have lost their Hungarian citizenship for reasons other than voluntary declaration of renunciation, and
b. are not in possession of a permanent residence permit in Hungary,
c. are in possession of an identification document as specified in Â§ 20.
(2) This Act also applies to the spouse living together with the person identified in article (1) and to the children of minor age being raised in their common household even if these persons are not of Hungarian nationality.
(3) This Act also applies to organisations as identified in Â§ 5, Â§ 18 and Â§ 19 in respect to their contents.
(1) Subjects of the Act are entitled for certain preferences and certain kinds of assistance on the territory of the Republic of Hungary, as well as on their permanent place of residence of their home countries under the conditions specified in this Act.
(2) Provisions regarding certain preferences and entitlement for certain assistance should be applied in accordance with the international obligations of the Republic of Hungary.
(3) The preferences and the entitlements for assistance under this Act do not affect the preferences and support ensured by Hungarian legislation in force to non-Hungarian citizens of Hungarian national identity living in other parts of the world.
The Republic of Hungary, in order to
a. maintain permanent contacts,
b. provide for the applicability of preferences and entitlements for assistance as contained in this Act,
c. ensure undisturbed cultural, economic and family relations,
d. uphold the free flow of persons and ideas,
provides for the most preferential treatment possible with regard to the entry and residence on its territory for the subjects of this Act, without prejudice to the international obligations.
PREFENCES AND ASSISTANCE AVAILABLE FOR PERSONS UNDER THE
SCOPE OF THE ACT
Education, Culture, Science
(1) In the field of culture, persons under the scope of this Act are entitled to rights identical to those of Hungarian citizens in Hungary. Accordingly, the Republic of Hungary ensures for them, in particular,
a. the right to use institutions of public education and the possibility to use the services they offer,
b. availability of cultural assets for the purpose of publicity and research,
c. availability of objects of cultural heritage and the related documentation,
d. research of archive materials containing protected personal data for scientific purposes, if the neighbouring state where the Hungarian individual living outside the borders has a permanent residence, is party to the international convention on the protection of personal data.
(2) Persons under the scope of this Act are entitled to make use of services of any state-run public library and to the free-of-charge use of the following basic services:
a. visit of libraries,
b. on-the-spot use of certain collections of the library,
c. use of stock-exploring means,
d. information on the services provided by the library and the librarian system,
e. in case of subscription, lending of printed library material, in accordance with the code of conduct of the library.
(3) Further preferences for individuals under the scope of this Act, with respect to the availability of services offered by state-run museums and other establishments of public education, will be regulated by specific legislation.
Non-profit organisations operating legally in a neighbouring state, pursuing the following activities may apply to a public foundation established to this end for support for their activities. Procedural regulations on evaluation of applications are contained in Â§ 26. Referred activities are:
a. Preservation and promotion of Hungarian language, literature, culture and folk art;
b. Preservation, support and research of Hungarian traditions;
c. Other educational, cultural or scientific activities beneficial to the preservation of national identity.
Hungarian scientists under the scope of this Act may become external members or members of the public board of the Hungarian Academy of Sciences.
State Awards, Scholarships
(1) The Republic of Hungary ensures that persons under the scope of this Act, in recognition of their outstanding activities in the service of the Hungarian people and in enriching the Hungarian and universal human values, may receive state awards of the Republic of Hungary, or receive titles, prizes and diplomas of recognition established by the ministers.
(2) In the process of determining conditions for state scholarships, possibility to receive such scholarships should be ensured for persons under the scope of this Act.
Social Security and Health Provisions
(1) Persons under the scope of this Act pursuing work under Â§ 16 - unless otherwise provided by international agreements - shall contribute to the Hungarian social security system according to the relevant legislation. Those contributions entitle the persons to health and pension benefits, as relevant legislation provides.
(2) Persons under the scope of this Act not obliged to contribute to the health insurance and pension systems as stipulated in article (1), have the right to apply for reimbursement of the costs of self-pay health care services in advance. Applications should be submitted to the specific public foundation established to this end.
(3) In cases requiring immediate medical assistance, persons under the scope of this Act are entitled to such assistance in Hungary, as foreseen by bilateral social security (social policy) agreements.
(1) Persons under the scope of the Act are entitled to travelling benefits in Hungary on scheduled, domestic, local and long-distance lines of public transportation. With regard to railways, 2nd class fares are applicable.
(2) Free-of-charge transportation shall be provided for:
a. children up to six years
b. persons over sixty-five years
(3) 90 % travelling benefits on means of domestic, long-distance public transportation shall be provided for:
a. persons identified in article (1), for four journeys a year,
b. a group of at least 10 persons under eighteen years of age who are travelling as a group and are under the scope of the Act, and two adults accompanying them, once a year.
(4) Only one of the travelling benefits is applicable at a time.
(5) Detailed rules of travelling benefits shall be regulated by specific legislation.
(1) Persons under the scope of the Act, as stipulated in this paragraph, are entitled to participate in the following programmes of the institutions of higher education of the Republic of Hungary:
a. full or partial, basic or specialised university or college training,
b. in PhD or DLA training programmes,
c. in general types of post-graduate training
d. accredited post-secondary specialised training
(2) Participants of state-financed regular (not evening or correspondance) training are entitled to student allowances provided by the Act on Higher Education, financial and other allowances, as well as to reimbursement of detailed health insurance contributions. Further benefits shall be regulated by the Minister of Education in specific legislation.
(3) Within the framework of state-financed training, a fixed number of students annually determined by the Minister of Education may attend the higher education institutions of the Republic of Hungary.
Student Identification Document
(1) Persons under the scope of this Act being registered students of a public education institution in a neighbouring country and studying in Hungarian or being students of any higher education institution of that country, are entitled to student identification document (Student ID). Benefits related to Student IDs are regulated by specific legislation.
(2) Student status in the neighbouring country may be demonstrated by registration of such status in the appropriate section of the Hungarian Identification Document.
Post-graduate Training for Hungarian Teachers Living Outside the Borders
(1) Hungarian teachers living outside the borders teaching in Hungarian in the neighbouring countries (hereafter referred to as Hungarian teachers living outside the borders) are entitled to participate in regular post-graduate training in Hungary, as well as to receive the benefits laid down in article (2). Post-graduate training and benefits are applicable for a fixed number of teachers set annually by the Minister of Education.
(2) For the duration of the post-graduate training and to the extent stipulated by legislation, persons identified in article (1) are entitled to request the Hungarian educational institution of the post-graduate training:
a. to reimburse accommodation costs,
b. to reimburse travel expenses, and
c. to contribute to the costs of registration.
(3) Detailed rules on post-graduate training of teachers living outside the borders are contained by specific legislation.
(1) Hungarian teachers under the scope of the Act are entitled to Hungarian teachers identification document (Teacher's ID), while those teaching in Hungarian in higher education institutions of the neighbouring countries are entitled to Hungarian tutorsâ^Ŕ^Ů identification card.
(2) Benefits related to the teachersâ^Ŕ^Ů or tutorsâ^Ŕ^Ů identification documents are identical to the benefits related to the Hungarian teachersâ^Ŕ^Ů identification document provided for teachers with Hungarian citizenship.
(3) Detailed rules on issuing and registration of the teachersâ^Ŕ^Ů and tutorsâ^Ŕ^Ů card shall be regulated by specific legislation.
Training Delegated Outside the Borders.
(1) The Republic of Hungary promotes the preservation of mother tongue, cultural and national identity of Hungarians living outside the borders also by supporting the delegation, organisation and operation of accredited Hungarian higher education institutions to neighbouring countries. Relevant financial resources are identified as targeted allocations in the budget of the Republic of Hungary. According to specific legislation, the Minister of Education makes actual decisions on allocations of the resources.
(2) The Republic of Hungary supports the establishment, operation and development of higher education institutions (faculties, chairs, etc.) teaching in Hungarian and seeking accreditation in the neighbouring countries. Financial resources required for implementation may be applied from a competent public foundation.
Education Assistance Available in the Native Country
(1) Persons under the scope of the Act may apply to the competent public foundation for educational assistance, if at least two of their children of minor age, living in their household attend kindergarten or an educational institution with Hungarian as language of instruction operating in the neighbouring country where those persons are residents.
(2) Persons under the scope of the Act may apply to the competent public foundation for assistance for books and learning materials, if their child of minor age living in their household, attends an educational institution with Hungarian as language of instruction operating in the neighbouring country where those persons are residents.