{"id":1865,"date":"2020-08-28T11:57:52","date_gmt":"2020-08-28T11:57:52","guid":{"rendered":"http:\/\/gerey.hu\/EU\/?p=1865"},"modified":"2021-02-11T12:01:08","modified_gmt":"2021-02-11T12:01:08","slug":"possibilities-of-free-entry-into-hungary-after-september-1-2020-3","status":"publish","type":"post","link":"http:\/\/gerey.hu\/EU\/possibilities-of-free-entry-into-hungary-after-september-1-2020-3\/","title":{"rendered":"POSSIBILITIES OF FREE ENTRY INTO HUNGARY AFTER SEPTEMBER 1, 2020"},"content":{"rendered":"\n<p>Pursuant to Government Decree No. 408\/2020 (hereinafter:\nthe \u201c<strong>Government Decree<\/strong>\u201d), business actors have two options for entering Hungary:<\/p>\n\n\n\n<p><strong>1. Travel between\naffiliated enterprises according to Article 9 of the Government Decree<\/strong><\/p>\n\n\n\n<p>If the entry is required for a\nbusiness travel between related companies in\naccordance with the regulation of the Government Decree, then a prior\napplication for entry is not needed and nor it is necessary to present negative\nSARS-CoV-2 PCR test results to avoid quarantine.<\/p>\n\n\n\n<p>This unrestricted entry for business purposes is\npossible if the person coming from abroad<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>enters the\nterritory of Hungary from the territory of the states specified in the Decree\nof the Minister of Interior, <\/li><li>she\/he is an executive officer or employee of a\ndomestic company which is a related company with a company incorporated in one\nof the states specified in the Decree of the Minister of Interior; or she\/he is\nan executive officer or employee of a company registered in a state specified\nin the Decree of the Minister of Interior, which is a related company with a\ncompany registered in Hungary, and<\/li><li>&nbsp;the fact of a business trip has been made presumable.<\/li><\/ul>\n\n\n\n<p>The originals of the documents proving the fulfilment of the conditions listed in points (i)-(iii) above must be presented upon request. These documents are the following: declaration of the executive officer (see below) required for making the business purpose of the travel presumable; the registry excerpt of the foreign company, the registry excerpt of the related Hungarian company and the labour contract \u2013 if the entering person is an employee).<\/p>\n\n\n\n<p>Regarding the entry conditions, please note the\nfollowing:<\/p>\n\n\n\n<p>The detailed definition of <em>an \u201caffiliated\nundertaking\u201d<\/em> is set out in Act LXXXI of 1996 on Corporate and Corporate\nIncome Tax. It is an important principle that when relying on business entry\none of the affiliated companies must always be a Hungarian company (with a\nregistered seat in Hungary).<\/p>\n\n\n\n<p>The most important cases when one may talk of affiliated\nundertakings are:<\/p>\n\n\n\n<ol class=\"wp-block-list\"><li>if one company has\nmajority ownership or majority influence in the other, either through an\nintermediate company (e.g. a foreign company is the majority owner of a\nHungarian company);<\/li><li>if a third party\nhas majority ownership or majority influence in both organizations, either\nthrough an intermediate company (e.g. a foreign company is the majority owner\nof another foreign company and the sole owner of a Hungarian company);<\/li><li>a company is under\nthe control of an entrepreneur as mentioned in point a)-b) and an establishment\nof the entrepreneur in another country (e.g. a Hungarian establishment of a\nforeign company and another foreign company owned by the foreign company);<\/li><li>two entities which\nhave the same management which can exercise decisive influence over business\nand financial policy.<\/li><\/ol>\n\n\n\n<p>We note that the exercise of influence may take place\nnot only through (majority) ownership, but also through the exercise of certain\nprivileged rights.<\/p>\n\n\n\n<p>Currently, according to the decree of the Minister of\nInterior, entry is possible from any state in the world, and it is possible to\nrefer to a related company registered in any state of the world in order to\nfulfil the condition of unrestricted entry for business purposes.<\/p>\n\n\n\n<p><strong>2. Business entry permitted on equity basis <\/strong><\/p>\n\n\n\n<p>If the case of entry for business purposes pursuant to\nSection 9 of the Government Decree is not applicable, an entry permit may be\nobtained after the submission of a prior application. However, even if the entry\npermit is granted, the entrant must go into quarantine in Hungary, or ask for the\nrelease of the quarantine based on negative SARS-CoV-2 PCR test results.<\/p>\n\n\n\n<p>The case of business entry permitted on equity basis\nmay be applied by a <strong>foreign national<\/strong> who cannot enter for business purposes on the basis of\na related business relationship.<\/p>\n\n\n\n<p>The Hungarian Police may grant an exemption from the\ngeneral entry ban <strong>upon request<\/strong> if the applicant proves that there is a reasonable cause\nfor the entry. According to our information from the Hungarian Police, a\nbusiness travel may be an acceptable reason for exercising equity. The\napplication must be submitted at the following link in English\n(https:\/\/ugyintezes.police.hu\/en\/meltanyossagi-kerelem) or in Hungarian\n(https:\/\/ugyintezes.police.hu\/meltanyossagi-kerelem). It usually takes 48-36\nhours to get the answer (permit or refusal) of the Hungarian Police, but please\nnote that due to the increased workload, the administration time may increase.<\/p>\n\n\n\n<p>However, the exemption of the Hungarian Police <strong>does\nnot release the general obligation of the<\/strong> <strong>14-day\nhome quarantine <\/strong>after entry. Exemption from\nthis must be requested separately and may be granted in the following cases:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>the applicant\npresents two negative SARS-CoV-2 PCR tests at least with a difference of 48\nhours within the 5 days prior to entry, or<\/li><li>certifies that she\/he has already been infected with a\ncoronavirus disease during the six months prior to entry.<\/li><\/ul>\n\n\n\n<p>Otherwise, the person entering must go into home\nquarantine and may carry out testing in Hungary to request the release of the quarantine.<\/p>\n\n\n\n<p>In the case of entry from some \u201cyellow countries\u201d, the\nentrant is entitled to free movement already after the result of the first\ndomestic SARS-CoV-2 PCR test, but the entrant is obliged to perform the second\ntest in order to maintain the release of the quarantine.<\/p>\n\n\n\n<p style=\"text-align:center\">*<\/p>\n\n\n\n<p style=\"text-align:center\"><strong><em>This summary is intended to raise awareness and does not constitute legal\nadvice.<\/em><\/strong><\/p>\n\n\n\n<p style=\"text-align:center\"><strong><em>If you have any questions or need further information, please do not\nhesitate to contact us.<\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>As of September 1, 2020 the Government of Hungary prohibited the entry of foreign citizens into Hungary and prescribed a quarantine obligation onto returning Hungarian citizens.<br \/>\nIn our newsletter, we summarise the rules of the exceptions that nevertheless allow the entry despite the general ban.<\/p>\n","protected":false},"author":1,"featured_media":1845,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"class_list":["post-1865","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog"],"_links":{"self":[{"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/posts\/1865"}],"collection":[{"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/comments?post=1865"}],"version-history":[{"count":3,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/posts\/1865\/revisions"}],"predecessor-version":[{"id":1868,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/posts\/1865\/revisions\/1868"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/media\/1845"}],"wp:attachment":[{"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/media?parent=1865"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/categories?post=1865"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/tags?post=1865"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}