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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 20, 2006 No. 73

About approval of Rules of stay of foreign citizens and stateless persons in the Republic of Belarus

(as amended on 02-07-2020)

Based on part two of article 8 of the Law of the Republic of Belarus of January 4, 2010 "About legal status of foreign citizens and stateless persons in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 105-Z

1. Approve Rules of stay of foreign citizens and stateless persons in the Republic of Belarus (are applied).

1-1. Grant the right to explain questions of application of this resolution:

To the state boundary committee - regarding the provisions extending the action to bodies of the border service;

To the Ministry of Internal Affairs - regarding the provisions extending the action to law-enforcement bodies.

2. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of October 25, 1999 No. 1654 "About approval of Rules of stay of foreign citizens and stateless persons in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 1999, No. 84, 5/1905);

Item 57 of the resolution of Council of Ministers of the Republic of Belarus of July 15, 2002 No. 949 "About modification of some orders of the Government of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2002, No. 82, 5/10802).

3. This resolution becomes effective since February 5, 2006.

Prime Minister of the Republic of Belarus

S. Sidorsky

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 20, 2006 No. 73

Rules of stay of foreign citizens and stateless persons in the Republic of Belarus

1. The these rules developed according to part two of article 8 of the Law of the Republic of Belarus "About legal status of foreign citizens and stateless persons in the Republic of Belarus" (further - the Law), determine procedure for movement of foreign citizens and stateless persons (further if other is not determined by these rules, - foreigners), the choice of the place of stay (residence) by them within the territory of the Republic of Belarus, and also procedure for registration by foreigners of registration, prolongation of term of temporary stay in the Republic of Belarus (further - the term of temporary stay), permissions to temporary residence in the Republic of Belarus (further - permission to temporary residence).

2. For the purposes of these rules the legal entities or physical persons petitioning for entry of the foreigner into the Republic of Belarus, stay or residence in the Republic of Belarus are understood as legal entities or physical persons, the individual entrepreneurs, the physical person or agricultural organizations rendering services in the sphere of agroecotourism according to the procedure, established by legal acts (further – subjects of agroecotourism), accepting the foreigners who received the document for the invitation of the foreigner to the Republic of Belarus drew up the petition based on which to the foreigner the visa of the Republic of Belarus is issued (further – the visa) or are performed registration of the foreigner, prolongation of term of temporary stay or permission to temporary residence is issued.

3. The foreigners who are in the Republic of Belarus shall have in case of themselves the valid passport or other document replacing it, intended for trip abroad and issued by relevant organ of the state of civil accessory or the regular residence of the foreigner or the international organization (further – the document for trip abroad), other documents established by the legislation, international treaties of the Republic of Belarus and these rules which confirm that these foreigners temporarily stay either temporarily or constantly live in the Republic of Belarus and to show them upon the demand of officials of law-enforcement bodies, the state security agencies, bodies of the border service and customs authorities.

The foreigners who are temporarily staying and temporarily living in the Republic of Belarus, being in border area of the Republic of Belarus shall have in case of themselves the documents for trip abroad and the omission issued by bodies of the border service.

The document for trip abroad is invalid in cases:

lack in it of the data specified in the document sample for trip abroad provided by the state of civil accessory or the regular residence of the foreigner or the international organization;

its counterfeits;

expirations of its action;

impossibility of identification of the data specified in the document for trip abroad or remedies of the form of this document;

document accessories to trip abroad to other foreigner.

4. The foreigners who drove to the Republic of Belarus based on the document determined by the international treaty of the Republic of Belarus with the adjacent state about rules of border movement and granting to its owner the right of repeated entrance, departure and stay in the border territory of the Republic of Belarus (further - permission to border movement), have no right to move outside the border territory of the Republic of Belarus, except as specified, provided by such international treaty.

The foreigners who are temporarily staying and temporarily living in the Republic of Belarus have the right to move freely in border area within the territory specified in the omission issued by bodies of the border service in the presence of the document for trip abroad and the omission if other is not determined by international treaties of the Republic of Belarus.

Entrance (entrance), temporary stay and movement through border area based on documents for trip abroad on the shortest route according to the procedure, No. 419-Z established by parts five and the eighth article 37 of the Law of the Republic of Belarus of July 21, 2008 "About Frontier of the Republic of Belarus" are permited the foreigners performing transit (transit) through border area and (or) borderland.

5. The official of bodies of the border service, and at check points at which control of observance of rules of stay of foreigners in the Republic of Belarus, and also rules of transit (transit) of foreigners through the territory of the Republic of Belarus is performed by customs authorities the official of customs authorities in case of decision making about entry of the foreigner into the Republic of Belarus within the competence checks availability at it of the bases provided in parts one and the second article 30 of the Law.

In case of establishment of the bases provided in part one of article 30 of the Law, the official of bodies of the border service, and at check points at which control of observance of rules of stay of foreigners in the Republic of Belarus, and also rules of transit (transit) of foreigners through the territory of the Republic of Belarus is performed by customs authorities the official of customs authorities studies the circumstances connected with feasibility of entry of the foreigner into the Republic of Belarus.

At the same time the foreigner has the right to submit the documents proving feasibility of entry into the Republic of Belarus.

The official of bodies of the border service, and at check points at which control of observance of rules of stay of foreigners in the Republic of Belarus, and also rules of transit (transit) of foreigners through the territory of the Republic of Belarus is performed by customs authorities, the official of customs authorities, having studied the submitted documents, makes the decision on entry into the Republic of Belarus or on denial of entry to the Republic of Belarus.

The decisions made by the official of customs authorities according to part four of this Item are approved with the official of bodies of the border service in the cases and procedure determined by the State Customs Committee in coordination with the State boundary committee.

In case of decision making about denial of entry to the Republic of Belarus the official of bodies of the border service, and at check points at which control of observance of rules of stay of foreigners in the Republic of Belarus, and also rules of transit (transit) of foreigners through the territory of the Republic of Belarus is performed by customs authorities the official of customs authorities if necessary puts down in the document of the foreigner for trip abroad the corresponding mark. The form of this mark and procedure for its putting down are determined by the State boundary committee.

In case of decision making about refusal to the foreigner in entry into the Republic of Belarus by the official of bodies of the border service, and at check points, at which control of observance of rules of stay of foreigners in the Republic of Belarus, and also rules of transit (transit) of foreigners through the territory of the Republic of Belarus is performed by customs authorities, the official of customs authorities, the visa which is earlier issued to the foreigner is cancelled based on this decision.

6. The decision on denial of entry to the Republic of Belarus is made on foreigners by law-enforcement body, body of the border service, customs authority or the state security agency.

7. Based on the decision on denial of entry to the Republic of Belarus the foreigner can be included in the List of persons whose entry into the Republic of Belarus is prohibited or undesirable.

Procedure for inclusion of foreigners in the List of persons whose entry into the Republic of Belarus is prohibited or undesirable exceptions of foreigners of this List, and also procedure for maintaining such List are established by the legislation.

Organa, made the decision on the denial of entry to the Republic of Belarus having the right to resolve the foreigner entry into the Republic of Belarus for the term of no more than one month or to reduce the term of prohibition of entry into the Republic of Belarus according to the procedure established by the legislation.

8. The foreigners petitioning for receipt of a visa or for entry into the Republic of Belarus shall have the means necessary for covering of expenses on their stay in the Republic of Belarus and departure from the Republic of Belarus.

Foreigners shall have means in the amount equivalent to at least than 50 basic sizes established in the Republic of Belarus on the date of entry into the Republic of Belarus for every month of stay.

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