JAPANAGREEMENT BETWEENAND THE REPUBLIC OF FINLAND
ON SOCIAL SECURITY

AGREEMENT BETWEENJAPAN AND THE REPUBLIC OF FINLAND
ON SOCIAL SECURITY
Japan and the Republic of Finland,
Being desirous of regulating their mutual relations in
the field of social security,
Have agreed as follows:
PART I
GENERAL PROVISIONS
Article 1
Definitions
1.

For the purpose of this Agreement:(a)the terms “a Contracting State” and “the other
Contracting State” mean Japan or the Republic ofFinland, as the context requires;(b)the term “Finland” means the Republic of Finland;(c)the term “national” means,
as regards Japan,
a Japanese national within the meaning of the law
on nationality of Japan,
as regards Finland,a Finnish national within the meaning of the
Nationality Act of Finland;(d)the term “legislation” means,
as regards Japan,
the laws and regulations of Japan concerning theJapanese systems specified in paragraph 1 of
Article 2,
as regards Finland,
the laws and regulations of Finland concerning
the Finnish systems specified in paragraph 2 ofArticle 2;

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(e)

the term “competent authority” means,
as regards Japan,
any of the Governmental organizations competentfor the Japanese systems specified in paragraph 1
of Article 2,
as regards Finland,
the Ministry of Social Affairs and Health;(f)the term “competent institution” means,
as regards Japan,
any of the insurance institutions, or any
association thereof, responsible for the
implementation of the Japanese systems specifiedin paragraph 1 of Article 2,
as regards Finland,
any of the institutions or agencies responsible
for the implementation of the Finnish systems
specified in paragraph 2 of Article 2;(g)

the term “period of coverage” means,
as regards Japan,
a period of contributions under the legislationof Japan concerning the Japanese pension systems
specified in paragraph 1(a) of Article 2, and anyother periods taken into account under thatlegislation for establishing entitlement tobenefits, however, a period which shall be taken
into account, for the purpose of establishingentitlement to benefits under that legislation,
pursuant to other agreements on social security
comparable with this Agreement, shall not be
included,as regards Finland,a period of contributions or any other period
recognized as equivalent to a period ofcontributions under the Earnings-Related Pension
Scheme; and(h)the term “benefit” means a pension or any othercash benefit under the pension systems of aContracting State.

2.
For the purpose of this Agreement, any term notdefined in this Agreement shall have the meaning assigned
to it under the applicable legislation.

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Article 2
Matters Covered
This Agreement shall apply,1.

as regards Japan,(a)to the following Japanese pension systems:(i)the National Pension (except the National
Pension Fund); and(ii)

the Employees’ Pension Insurance (except the
Employees’ Pension Fund);however, for the purpose of this Agreement, theNational Pension shall not include the Old Age
Welfare Pension or any other pensions which are
granted on a transitional or complementary basis
for the purpose of welfare and which are payable
wholly or mainly out of national budgetary
resources and Article 12 shall not apply to theJapanese pension systems specified in (a) of thisparagraph; and(b)to the Japanese employment insurance system
concerning the unemployment benefits;
however, for the purpose of this Agreement,
Articles 5 to 7, paragraph 2 of Article 9,
Article 11, Articles 14 to 18, Article 23,
Article 26 (except paragraph 3) and paragraph 2
of Article 28 shall not apply to the Japanesesystem specified in (b) of this paragraph.

2.

as regards Finland, to the Finnish systems concerning:(a)old-age, disability and survivor’s pensions under
the Earnings-Related Pension Scheme;
however, for the purpose of this Agreement,
Article 12 shall not apply to the EarningsRelated Pension Scheme specified in (a) of thisparagraph; and

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(b)

the Unemployment Insurance;
however, for the purpose of this Agreement,
Articles 5 to 7, Article 11, Articles 14 to 18,
Article 23, Article 26 (except paragraph 3) andparagraph 2 of Article 28 shall not apply to the
Finnish system specified in (b) of thisparagraph.
Article 3
Persons Covered

This Agreement shall apply to a person who is or has
been subject to the legislation of a Contracting State, as
well as family members or survivors who derive rights fromsuch person.
Article 4
Equality of Treatment
Unless otherwise provided in this Agreement, thepersons specified in Article 3, who ordinarily reside in
the territory of a Contracting State, shall receive equal
treatment with nationals of that Contracting State in theapplication of the legislation of that Contracting State.
Article 5
Payment of Benefits Abroad
1.
Unless otherwise provided in this Agreement, any
provision of the legislation of a Contracting State which
restricts entitlement to or payment of benefits solely
because the person ordinarily resides outside the territoryof that Contracting State shall not be applicable topersons who ordinarily reside in the territory of the other
Contracting State.
2.
Benefits under the legislation of a Contracting State
shall be paid to the persons specified in Article 3, whoordinarily reside in the territory of a third country,
under the same conditions as if they were nationals of thatContracting State.
3.
Payments of benefits under this Agreement may be madein the currency of either Contracting State. In caseprovisions for restricting the exchange of currencies orremittance are introduced by either Contracting State, theGovernments of the Contracting States shall immediately
consult on the measures necessary to ensure the payments ofbenefits by that Contracting State under this Agreement.

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PART IIPROVISIONS CONCERNING
THE APPLICABLE LEGISLATION
Article 6
General Provision
Unless otherwise provided in this Agreement, a person
who works as an employee or a self-employed person in the
territory of a Contracting State shall, with respect tothat employment or self-employment, be subject only to thelegislation of that Contracting State.
Article 7Special Provisions
1.
Where an employee who is covered under the legislationof a Contracting State and employed in the territory ofthat Contracting State by an employer with a place ofbusiness in that territory is sent by that employer, either
from that territory or from a territory of a third country,
to work in the territory of the other Contracting State
and:
(a)

does not conclude an employment contract in the
territory of that other Contracting State; or(b)concludes an employment contract with an employer
with a place of business in the territory of that
other Contracting State, but is under the
direction of the employer with a place ofbusiness in the territory of the firstContracting State,that employee shall be subject only to the legislation of
the first Contracting State, with respect to that
employment, as if that employee were working in the
territory of the first Contracting State, provided that theperiod of such detachment is not expected to exceed five
years.
2.
If the detachment referred to in paragraph 1 of this
Article continues beyond five years, the competentauthorities or the competent institutions of bothContracting States may agree that the employee remains
subject only to the legislation of the first Contracting
State.

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3.
Where a person who is covered under the legislation ofa Contracting State and who ordinarily works as a selfemployed person in the territory of that Contracting State,works temporarily as a self-employed person in the
territory of the other Contracting State, that person shallbe subject only to the legislation of the first Contracting
State as if that person were working in the territory of
the first Contracting State, provided that the period of
the self-employed activity in the territory of that other
Contracting State is not expected to exceed five years.
4.
If the self-employed activity in the territory of theother Contracting State referred to in paragraph 3 of this
Article continues beyond five years, the competentauthorities or the competent institutions of bothContracting States may agree that the self-employed person
remains subject only to the legislation of the firstContracting State.
Article 8
Employees Working on Board a Sea-Going Vesselor on an Aircraft
1.
A person who works as an employee on board a sea-goingvessel flying the flag of either Contracting State shall,with respect to that employment, be subject only to thelegislation of the Contracting State in whose territory theemployer is located.
2.
Where a person works as an employee on an aircraft ininternational traffic and would otherwise be subject to thelegislation of both Contracting States, that person shall,with respect to that employment, be subject only to thelegislation of the Contracting State in whose territory theemployer is located.
Article 9Members of Diplomatic Missions,
Members of Consular Posts and Civil Servants
1.
This Agreement shall not affect the provisions of theVienna Convention on Diplomatic Relations of April 18,
1961, or the Vienna Convention on Consular Relations ofApril 24, 1963.
2.
Subject to paragraph 1 of this Article, where any
civil servant of a Contracting State or any person treatedas such in the legislation of that Contracting State issent to work in the territory of the other Contracting
State, that person shall be subject only to the legislationof the first Contracting State as if that person were
working in the territory of the first Contracting State.

－6－Article 10
Exceptions to Articles 6 to 9 and Article 12
At the request of an employee and an employer or aself-employed person, the competent authorities of bothContracting States or the competent institutions designatedby those competent authorities may agree to grant an
exception to Articles 6 to 9 and Article 12 in the interestof particular persons or categories of persons, provided
that such persons or categories of persons shall be subject
to the legislation of one of the Contracting States.
Article 11
Spouse and Children
While a person works in the territory of Japan and issubject only to the legislation of Finland in accordancewith Article 7, paragraph 2 of Article 9 or Article 10, thespouse or children coming with that person shall be
exempted from the legislation of Japan concerning theJapanese pension system specified in paragraph 1(a)(i) of
Article 2, provided that the requirements specified in thelegislation of Japan concerning the enforcement of theagreements on social security are fulfilled. However, whenthose spouse or children so request, the foregoing shallnot apply.
Article 12
Applicable Legislation regarding
the Japanese employment insurance systemand the Finnish unemployment insurance system
Notwithstanding the provisions of Articles 6 and 7, asregards the Japanese system specified in paragraph 1(b) of
Article 2 and the Finnish system specified in paragraph2(b) of Article 2, the following provisions shall apply:
1.
Where an employee who is covered under the Japanesesystem specified in paragraph 1(b) of Article 2 or the
Finnish system specified in paragraph 2(b) of Article 2 andemployed in the territory of a Contracting State by an
employer with a place of business in that territory is sentby that employer, either from that territory or from aterritory of a third country, to work in the territory of
the other Contracting State and:(a)does not conclude an employment contract in the
territory of that other Contracting State; or

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(b)

concludes an employment contract with an employer
with a place of business in the territory of that
other Contracting State, but is under the
direction of the employer with a place ofbusiness in the territory of the firstContracting State,that employee shall be subject only to the legislation of
the first Contracting State, with respect to that
employment, as if that employee were working in the
territory of the first Contracting State, provided that theperiod of such detachment is not expected to exceed five
years.
2.
If the detachment referred to in paragraph 1 of this
Article continues beyond five years, the competentauthorities or the competent institutions of bothContracting States may agree that the employee remains
subject only to the legislation of the first Contracting
State.
Article 13
Compulsory Coverage
Articles 6 to 8, paragraph 2 of Article 9, Article 11
and Article 12 shall apply only to compulsory coverage
under the legislation of each Contracting State.
PART IIIPROVISIONS CONCERNING BENEFITS
Chapter 1
Provisions concerning Japanese Benefits
Article 14
Totalization
1.
Where a person does not have sufficient periods ofcoverage to fulfill the requirement for entitlement toJapanese benefits, the competent institution of Japan shalltake into account, for the purpose of establishingentitlement to those benefits under this Article, theperiods of coverage under the legislation of Finland
insofar as they do not coincide with the periods ofcoverage under the legislation of Japan.
However, the foregoing shall not apply to lump-sum
payments under the Japanese pension systems specified inparagraph 1(a) of Article 2 on account of death orwithdrawal.

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2.
In applying paragraph 1 of this Article, the periodsof coverage under the legislation of Finland shall be taken
into account as periods of coverage under the Employees’
Pension Insurance and as corresponding periods of coverage
under the National Pension.
Article 15
Special Provisions concerning Disability Benefits
and Survivors’ Benefits
1.
Where the legislation of Japan requires forentitlement to disability benefits or survivors’ benefits(except lump-sum payments under the Japanese pension
systems specified in paragraph 1(a) of Article 2 on accountof death) that the date of the first medical examination orof death lies within specified periods of coverage, thisrequirement shall be deemed to be fulfilled for the purposeof establishing entitlement to those benefits if such adate lies within the periods of coverage under thelegislation of Finland and certified as such by thecompetent institution of Finland.
However, if entitlement to disability benefits orsurvivors’ benefits (except lump-sum payments under theJapanese pension systems specified in paragraph 1(a) of
Article 2 on account of death) under the National Pension
is established without applying this Article, this Article
shall not be applied for the purpose of establishingentitlement to disability benefits or survivors’ benefits(except lump-sum payments under the Japanese pension
systems specified in paragraph 1(a) of Article 2 on accountof death) based on the same insured event under the
Employees’ Pension Insurance.
2.
Paragraph 1 of Article 5 shall not affect theprovisions of the legislation of Japan which require aperson who is aged 60 or over but under 65 on the date of
the first medical examination or of the death to resideordinarily in the territory of Japan for the acquisition ofentitlement to the Disability Basic Pension or theSurvivors’ Basic Pension.
Article 16
Calculation of the Amount of Benefits
1.
Where entitlement to a Japanese benefit is establishedby virtue of paragraph 1 of Article 14 or paragraph 1 of
Article 15, the competent institution of Japan shallcalculate the amount of that benefit in accordance with thelegislation of Japan, subject to paragraphs 2 to 4 of this
Article.

－9－2.
With regard to the Disability Basic Pension and otherbenefits, the amount of which is a fixed sum granted
regardless of the period of coverage, if the requirements
for receiving such benefits are fulfilled by virtue ofparagraph 1 of Article 14 or paragraph 1 of Article 15, theamount to be granted shall be calculated according to the
proportion of the sum of the periods of contribution andthe premium-exempted periods under the pension system fromwhich such benefits will be paid to the sum of those
periods of contribution, those premium-exempted periods andthe periods of coverage under the legislation of Finland.
3.
With regard to disability benefits and survivors’
benefits under the Employees’ Pension Insurance, insofar as
the amount of those benefits to be granted is calculated on
the basis of the specified period determined by thelegislation of Japan when the periods of coverage under the
Employees’ Pension Insurance are less than that specified
period, if the requirements for receiving such benefits are
fulfilled by virtue of paragraph 1 of Article 14 orparagraph 1 of Article 15, the amount to be granted shallbe calculated according to the proportion of the periods ofcoverage under the Employees’ Pension Insurance to the sumof the periods of coverage under the Employees’ Pension
Insurance and the periods of coverage under the legislationof Finland. However, when the sum of the periods ofcoverage exceeds that specified period, that sum of theperiods of coverage shall be regarded as equal to thatspecified period.
4.
With regard to the Additional Pension for Spouses
which is included in the Old-age Employees’ Pension and anyother benefits that may be granted as a fixed sum in cases
where the periods of coverage under the Employees’ Pension
Insurance equal or exceed the specified period determinedby the legislation of Japan, if the requirements forreceiving such benefits are fulfilled by virtue ofparagraph 1 of Article 14, the amount to be granted shallbe calculated according to the proportion of the periods ofcoverage under the Employees’ Pension Insurance to thatspecified period.
Article 17
Exception to Article 4
Article 4 shall not affect the provisions oncomplementary periods for Japanese nationals on the basisof ordinary residence outside the territory of Japan under
the legislation of Japan.

－10－Chapter 2
Provisions concerning Finnish Benefits
Article 18
Benefits under Finnish Legislation
1.
When periods of coverage have been completed under thelegislation of both Contracting States, the competentinstitution of Finland shall, in determining eligibility
for benefits under the legislation which it applies, take
into account, if necessary, periods of coverage completed
under the legislation of Japan, provided that such periodsof coverage do not overlap with periods of coverage under
its legislation.
2.
Where the person concerned is entitled to the benefit
through the application of paragraph 1 of this Article, thecompetent institution of Finland shall calculate the amountof the benefit solely and directly on the basis of theperiods of coverage completed under the legislation of
Finland.
3.
The competent institution of Finland that grants thebenefits referred to in paragraph 2 of this Article shalltake exclusively into account the earnings received by the
person concerned in its territory.
PART IVMISCELLANEOUS PROVISIONS
Article 19
Administrative Collaboration
1.
The competent authorities of both Contracting Statesshall:(a)agree on the administrative measures necessary
for the implementation of this Agreement;(b)designate, among the competent institutions, theliaison agencies which may communicate directly
to each other in order to facilitate theimplementation of this Agreement; and(c)communicate to each other, as soon as possible,
all information about changes to their respective
legislation insofar as those changes affect theimplementation of this Agreement.

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2.
The competent authorities and competent institutionsof both Contracting States, within the scope of theirrespective authorities, shall provide any assistancenecessary for the implementation of this Agreement. This
assistance shall be provided free of charge.
Article 20
Charges or Fees and Legalization
1.
Insofar as the legislation and other relevant laws andregulations of a Contracting State contain provisions on an
exemption or reduction of administrative charges or
consular fees for documents to be submitted under thelegislation of that Contracting State, those provisions
shall also apply to documents to be submitted in theapplication of this Agreement and the legislation of theother Contracting State.
2.
Documents which are presented for the purpose of thisAgreement and the legislation of a Contracting State shallnot require legalization or any other similar formality by
diplomatic or consular authorities.
Article 21
Communication
1.
In implementing this Agreement, the competentauthorities, competent institutions and liaison agencies ofboth Contracting States may communicate directly inJapanese, Finnish, Swedish or English language with eachother and with any person concerned wherever the person may
reside.
2.
In implementing this Agreement, the competentauthorities, competent institutions and liaison agencies ofa Contracting State may not reject applications or any
other documents for the reason that they are written in
Japanese, Finnish, Swedish or English language.
Article 22
Transmission and Confidentiality of Information
1.
The competent authorities, competent institutions or
liaison agencies of a Contracting State shall, in
accordance with its laws and regulations, transmit to thecompetent authorities, competent institutions or liaison
agencies of the other Contracting State information about
an individual collected under the legislation of the firstContracting State insofar as that information is necessary
for the implementation of this Agreement. Unless otherwise
required by the laws and regulations of that other
Contracting State, that information shall be used
exclusively for the purpose of implementing this Agreement.

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2.
The competent authorities, competent institutions or
liaison agencies of a Contracting State may, upon therequest of the competent authorities, competentinstitutions or liaison agencies of the other Contracting
State, transmit, in accordance with the laws andregulations of the first Contracting State, otherinformation about an individual than that referred to inparagraph 1 of this Article collected under the legislationof the first Contracting State, to the competentauthorities, competent institutions or liaison agencies ofthat other Contracting State insofar as it is necessary forthe implementation of the legislation of that other
Contracting State. Unless otherwise required by the laws
and regulations of that other Contracting State, that
information shall be used exclusively for the purpose of
implementing that legislation of that other Contracting
State.
3.
Information referred to in paragraphs 1 and 2 of this
Article received by a Contracting State shall be governedby the laws and regulations of that Contracting State forthe protection of confidentiality of personal data and thefollowing provisions:(a)the transmitting competent authorities, competentinstitutions or liaison agencies shall ensurethat personal data to be transmitted areaccurate, relevant and limited to what isnecessary in relation to the purposes for which
they are transmitted. In case of transmission of
inaccurate data or data whose transmission isincompatible with the laws and regulations of thetransmitting Contracting State, the transmittingcompetent authorities, competent institutions or
liaison agencies shall immediately notify thereceiving competent authorities, competentinstitutions or liaison agencies of this fact.
The receiving competent authorities, competentinstitutions or liaison agencies shall correct ordelete this data without delay;(b)both the transmitting and the receiving competentauthorities, competent institutions or liaison
agencies shall protect personal data effectively
against unauthorized or unlawful access,disclosure or alteration;

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(c)

transmitted personal data shall be deleted by thereceiving competent authorities, competentinstitutions or liaison agencies in accordancewith the laws and regulations of the receiving
Contracting State if they are no longer required
for the purpose for which they were transmitted;(d)in case of the infringement of the rights related
to the personal data protection, appropriate
remedial measures shall be taken in accordancewith the laws and regulations of each Contracting
State; and(e)upon request of the person concerned:(i)the transmitting competent authorities,
competent institutions or liaison agencies
shall correct the inaccurate data inaccordance with the laws and regulations of
the transmitting Contracting State, andinform the receiving competent authorities,
competent institutions or liaison agenciesof that correction without delay; and(ii)

the receiving competent authorities,
competent institutions or liaison agencies
shall suspend the processing of the data inaccordance with the laws and regulations of
the receiving Contracting State, and informthe transmitting competent authorities,
competent institutions or liaison agenciesof that suspension without delay.

Article 23
Submission of Applications, Appeals and Declarations
1.
When a written application for benefits, an appeal or
any other declaration under the legislation of aContracting State is submitted to a competent authority,competent institution or liaison agency of the other
Contracting State which is competent to receive similar
applications, appeals or declarations under the legislationof that other Contracting State, that application for
benefits, appeal or declaration shall be deemed to besubmitted on the same date to the competent authority,competent institution or liaison agency of the firstContracting State and shall be dealt with, according to theprocedure and legislation of the first Contracting State.

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2.
The competent authority, competent institution or
liaison agency of a Contracting State shall send theapplication for benefits, appeal or any other declaration
submitted in accordance with paragraph 1 of this Article tothe competent authority, competent institution or liaison
agency of the other Contracting State without delay.
3.
An increased amount for delay in the payment ofbenefits under the legislation of Finland shall becalculated from the date when the competent institution or
liaison agency of Finland receives the written application
for benefits.
Article 24
Resolution of Disagreement
Any disagreement regarding the interpretation orapplication of this Agreement shall be resolved byconsultation between the Contracting States.
Article 25
Headings
The headings of Parts, Chapters and Articles of thisAgreement are inserted for convenience of reference onlyand shall not affect the interpretation of this Agreement.
PART V
TRANSITIONAL AND FINAL PROVISIONS
Article 26
Events and Decisions prior to the Entry into Force1.
This Agreement shall not establish any entitlement tobenefits for any period prior to its entry into force.
2.
In the implementation of this Agreement, periods ofcoverage completed before its entry into force as well asother legally relevant events occurring before its entry
into force shall also be taken into account.
3.
In applying paragraph 1 or 3 of Article 7 or paragraph
1 of Article 12, in the case of a person who has beenworking in the territory of a Contracting State prior to
the entry into force of this Agreement, the periods ofdetachment or self-employed activity referred to inparagraph 1 or 3 of Article 7 or paragraph 1 of Article 12
shall be considered to begin on the date of entry into
force of this Agreement.
4.
Decisions made before the entry into force of thisAgreement shall not affect any rights to be established byvirtue of this Agreement.

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5.
The application of this Agreement shall not, for abeneficiary, result in any reduction in the amount ofbenefits to which entitlement was established before theentry into force of this Agreement.
Article 27
Entry into ForceThis Agreement shall enter into force on the first dayof the third month following the month in which theContracting States shall have completed an exchange of
diplomatic notes informing each other that their respective
constitutional requirements necessary for the entry into
force of this Agreement have been fulfilled.
Article 28
Duration and Termination
1.
This Agreement shall remain in force for an indefinite
period. Either Contracting State may give to the other
Contracting State, through diplomatic channels, written
notice of termination of this Agreement. In that event,
this Agreement shall remain in force until the last day of
the twelfth month following the month in which thetermination was notified.
2.
If this Agreement is terminated in accordance withparagraph 1 of this Article, rights regarding entitlement
to and payment of benefits acquired under this Agreement
shall be retained.
In witness whereof, the undersigned, being duly
authorized thereto by their respective Governments, havesigned this Agreement.
Done at Helsinki on 23 September, 2019 in duplicate in
the English language.

For Japan:

For the Republic of Finland:

村田

Aino-Kaisa Pekonen

隆－16－