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LAW OF THE REPUBLIC OF TAJIKISTAN

of April 29, 2006 No. 188

About state registration of acts of civil status

(as amended on 29-01-2021)

Chapter 1. General provisions

Article 1. The relations regulated by this Law

This Law regulates procedure for state registration of acts of civil status, procedure for correction, change, recovery and cancellation of civil registrations, procedure for forming of books of state registration of acts of civil status, procedure and storage durations of books of state registration of acts of civil status (assembly books) and legal status of the body making state registration of acts of civil status.

Article 2. Legislation of the Republic of Tajikistan on state registration of acts of civil status

The legislation of the Republic of Tajikistan on state registration of acts of civil status is based on the Constitution of the Republic of Tajikistan and consists of the Family code of the Republic of Tajikistan, this Law, other regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by the Republic of Tajikistan.

Article 3. Acts of civil status

1. Acts of civil status - actions of citizens or events influencing the origin, change or the termination of the rights and obligations characterizing legal condition of citizens.

2. According to the procedure, established by this Law, acts of civil status are subject to state registration: the birth, death, marriage, annulment of marriage, adoption (adoption), paternity proof, change of surname, name and middle name, recovery or cancellation of civil registration irrespective of nationality, races, floor, language, religion, political convictions, education, social and property status of citizens.

Article 4. State registration of acts of civil status

1. State registration of acts of civil status is established for the purpose of protection of the property and personal non-property rights of citizens, and also for the benefit of the state and society, including for the purpose of collection of complete, reliable and timely statistical information about civil status.

2. State registration of the act of civil status is made by body of civil registration by means of creation of the corresponding record of the act of civil status based on which the certificate on state registration of the act of civil status is granted.

3. The data which are subject to entering into the birth statement, death, marriage, annulment of marriage, on adoption (adoption), paternity proof, on change of surname, name and middle name, recovery or cancellation of civil registration, and certificates granted based on these records, are determined by this Law.

4. Blank forms of civil registrations and forms of the certificate issued based on these records, procedure for their filling, blank form of other documents confirming the facts of state registration of acts of civil status and also blank forms of statements for state registration of acts of civil status are established by the Government of the Republic of Tajikistan. Forms of certificates on state registration of acts of civil status are carried out by typographical method on a centralized basis on the paper having degrees of protection, each such form has series, number and the Coat of arms of the Republic of Tajikistan.

5. The clerical work in bodies of civil registration is conducted in state language of the Republic of Tajikistan taking into account requirements of the legislation of the Republic of Tajikistan about identity documents.

6. The employee of body of civil registration has no right to make state registration of acts of civil status concerning himself, the spouse, his and relatives (parents, children, grandsons, grandfathers, grandmothers, brothers and sisters). State registration of acts of civil status in such cases is made by other employee of body of civil registration.

Article 4 (1). Activities in bodies of civil registration

1. In bodies of civil registration only the citizen of the Republic of Tajikistan having the higher legal education and, passed training within six months, after certification of certifying commission can be employed. The provision of certifying commission of Management of acts of civil status of the Ministry of Justice of the Republic of Tajikistan affirms the Government of the Republic of Tajikistan.

2. Only the citizen of the Republic of Tajikistan having the higher legal education and professional length of service at least three years is appointed to position of the head of body of civil registration.

3. The head of body of civil registration according to the procedure, established by this Law and other regulatory legal acts of the Republic of Tajikistan, appoints to position and the head of authorized body dismisses.

Article 4 (2). Procedure for carrying out state registration of acts of civil status, modification of assembly records of civil status, their renewal and cancellation

1. The procedure for carrying out state registration of acts of civil status, modification of assembly records of civil status, their renewal and cancellation is regulated by the instruction approved by the Ministry of Justice of the Republic of Tajikistan.

2. The procedure for carrying out state registration of acts of civil status by consular establishments is determined by the Consular charter of the Republic of Tajikistan. The instruction about procedure for state registration by the consul of acts of civil status is accepted by the Ministry of Justice of the Republic of Tajikistan together with the Ministry of Foreign Affairs of the Republic of Tajikistan.

 

Article 5. Civil registration

1. When making record of the act of civil status the documents confirming the facts which are subject to state registration in bodies of civil registration and the identity document of the applicant shall be submitted. The documents of foreign citizens and stateless persons issued by competent authorities of foreign states and shown for state registration of acts of civil status shall be legalized or apostilled according to the procedure, established by the legislation of the Republic of Tajikistan if the international legal acts recognized by Tajikistan do not provide other. Fidelity of the translation shall be certified in office of notary public.

2. Record of the act of civil status is constituted in duplicate.

3. Each record made in the book of state registration of acts of civil status shall be read by the applicant, is signed by him and the official making record is under seal body of civil registration.

4. The first copies of civil registrations (on each type of civil registrations separately) constituted within year gather in chronological procedure in the assembly book. In the same procedure the second copies of records gather in the assembly book.

5. Civil registration is at the same time constituted in the form of the paper and electronic document and signed by the digital signature of the authorized employee of body of civil registration.

6. The civil registrations constituted in the form of electronic documents are stored in information system of body of civil registration in the place of state registration of the specified acts of civil status and in the State register of acts of civil status.

7. The data containing in civil registrations, constituted in the form of electronic documents are data on the basis of which according to the procedure, established by the legislation of the Republic of Tajikistan, basic state information resources are created.

8. The sample of data constituted in the form of the electronic documents introduced in civil registrations is determined by the Ministry of Justice of the Republic of Tajikistan.

Article 5 (1). State register of acts of civil status

1. The state register of acts of civil status is the state information system which is conducted in paper and electronic media and contains data on acts of civil status, changes in acts of civil status, their recoveries and cancellation, data on issue of certificates on state registration of acts of civil status and statements from them.

2. The civil registrations included in the State register of acts of civil status electronically are on permanent storage and are not liable to destruction or return. In case of modification or corrections of the civil registrations entered before record remain.

3. Maintaining the State register of acts of civil status, including forming, collection, storage, processing and submission of information, the organization and implementation of the software, storage and protection of information base, its activities, representation of free access, ensuring registration of this access and record of data on each access is performed by the Ministry of Justice of the Republic of Tajikistan.

4. The Ministry of Justice of the Republic of Tajikistan provides information security, placed in the State register of acts of civil status, according to the legislation of the Republic of Tajikistan on information security, the personal data and other state standards in information security field.

 

Article 6. Bodies which make state registration of acts of civil status

1. State registration of acts of civil status in the cities and areas is made by departments of civil registration of the area, city, and in settlements and villages - jamias shakhrak and dekhot. State registration of marriages can be made as well in Palaces and Houses of wedding.

2. State registration of acts of civil status of the citizens of the Republic of Tajikistan living outside the territory of the Republic of Tajikistan is made by consular establishments of the Republic of Tajikistan in foreign states according to the procedure, provided by this Law.

3. Other bodies or officials have no right to make civil registration.

Article 7. Competence of bodies which make state registration of acts of civil status

1. Bodies of civil registration of the area, city, make state registration of the birth, marriage, annulment of marriage, adoption (adoption), paternity proof, change of surname, name, death middle name, change, supplement, correct and cancel civil registrations, recover the lost records, and also store assembly books and grant repeated certificates and the corresponding references.

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