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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 16, 2021 No. 107

About biometric documents

For the purpose of further enhancement of procedure for documentation of the population of the Republic of Belarus, implementation of ministerial procedures and rendering services to the population in the conditions of forming of the electronic government and digital economy I decide:

1. Enact biometric identity documents, and the biometric documents for departure from the Republic of Belarus and (or) entry into the Republic of Belarus containing biometric * and other personal data (further if other is not established, - personal data) the owner of the document (further if other is not established, - biometric documents):

1.1. biometric identity documents, in the form of plastic smart card with the integrated chip containing electronic means of biometric identification and cryptographic token of authentication:

ID card of the citizen of the Republic of Belarus;

the biometric residence permit in the Republic of Belarus the foreign citizen;

the biometric residence permit in the Republic of Belarus stateless persons;

______________________________

* The data characterizing physiological and biological features of the person which are used for its unique identification (the image of person, fingerprints of hands).

1.2. biometric documents for departure from the Republic of Belarus and (or) entry into the Republic of Belarus in the form of the passport book with the integrated chip containing electronic means of biometric identification:

biometric passport of the citizen of the Republic of Belarus;

biometric diplomatic passport of the citizen of the Republic of Belarus;

biometric service passport of the citizen of the Republic of Belarus;

biometric travel document of the Republic of Belarus;

the travel document (The convention of July 28, 1951 *).

2. Determine that subjects to taxation by the state fee are:

issue (exchange) of biometric documents by law-enforcement bodies;

registration of departure by law-enforcement bodies for permanent residence outside the Republic of Belarus.

3. Establish rates of the state fee **:

3.1. for issue (exchange) of the ID card of the citizen of the Republic of Belarus:

to the citizens of the Republic of Belarus who reached generally established retirement age, to disabled people of I and II groups - 1 basic size;

to other citizens of the Republic of Belarus - 1,5 of basic size;

______________________________

* The convention on the status of refugees accepted on July 28, 1951.

** The state fee is paid before filing of application about document creation.

3.2. for issue (exchange) of the biometric passport of the citizen of the Republic of Belarus:

to the citizens of the Republic of Belarus who reached generally established retirement age, to disabled people of I and II groups, and also the citizens of the Republic of Belarus who did not reach fourteen-year age - 1,5 of basic size;

to other citizens of the Republic of Belarus - 2 basic sizes;

3.3. for issue (exchange) of the biometric travel document of the Republic of Belarus, the travel document (The convention of July 28, 1951):

to the foreign citizens and stateless persons which did not reach fourteen-year age - 1,5 of basic size;

to other foreign citizens and stateless persons - 2 basic sizes;

3.4. for issue (exchange) of the biometric travel document of the Republic of Belarus for departure from the Republic of Belarus on permanent residence outside the Republic of Belarus, the travel document (The convention of July 28, 1951) for departure from the Republic of Belarus on permanent residence outside the Republic of Belarus - 5 basic sizes;

3.5. for issue (exchange) of the biometric residence permit in the Republic of Belarus the foreign citizen, the biometric residence permit in the Republic of Belarus stateless persons - 2 basic sizes;

3.6. for registration of departure for permanent residence outside the Republic of Belarus - 10 basic sizes.

The rate of the state fee is applied in the amount of 50 percent from the established rate for registration of departure to permanent residence outside the Republic of Belarus to participants of the Great Patriotic War, pensioners, disabled people.

4. Are exempted from payment of the state fee:

the citizens of the Republic of Belarus who are on complete state providing - for issue (exchange) of the ID card of the citizen of the Republic of Belarus, the biometric passport of the citizen of the Republic of Belarus, registration of departure for permanent residence outside the Republic of Belarus;

the citizens of the Republic of Belarus who did not reach fourteen-year age - for issue (exchange) of the ID card of the citizen of the Republic of Belarus, registration of departure for permanent residence outside the Republic of Belarus;

citizens of the Republic of Belarus - for issue (exchange) of the biometric diplomatic passport of the citizen of the Republic of Belarus, the biometric service passport of the citizen of the Republic of Belarus;

the foreign citizens and persons without citizenship deported or sent from the Republic of Belarus or issued to foreign state for implementation of criminal prosecution and (or) serving sentence - for issue (exchange) of the biometric travel document of the Republic of Belarus;

the foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus, did not reach fourteen-year age - for issue (exchange) according to the biometric residence permit in the Republic of Belarus the foreign citizen, the biometric residence permit in the Republic of Belarus stateless persons.

5. Determine that subjects to taxation by the consular fee are:

issue (exchange) of biometric documents by diplomatic representations and consular establishments of the Republic of Belarus;

registration of permanent residence outside the Republic of Belarus diplomatic representations and consular establishments of the Republic of Belarus;

statement on consular accounting of the citizen of the Republic of Belarus who drew up departure for permanent residence (permanent residence) outside the Republic of Belarus, diplomatic representations and consular establishments of the Republic of Belarus.

6. Establish rates consular sbora*:

6.1. for issue (exchange) of the ID card of the citizen of the Republic of Belarus - 25 euros;

______________________________

* The consular fee is paid before filing of application about document creation.

6.2. for issue (exchange) of the biometric passport of the citizen of the Republic of Belarus:

to the citizens of the Republic of Belarus who did not reach fourteen-year age - 40 euros;

to other citizens of the Republic of Belarus - 100 euros;

6.3. for registration of permanent residence outside the Republic of Belarus - 175 euros;

6.4. for statement on consular accounting of the citizen of the Republic of Belarus who drew up departure for permanent residence (permanent residence) outside the Republic of Belarus - 10 euros.

7. From payment of the consular fee for issue (exchange) of the ID card of the citizen of the Republic of Belarus, registration of permanent residence outside the Republic of Belarus, statement on consular accounting of the citizen of the Republic of Belarus who drew up departure for permanent residence (permanent residence) outside the Republic of Belarus the citizens of the Republic of Belarus who did not reach fourteen-year age are exempted.

8. Make changes to presidential decrees of the Republic of Belarus (appendix).

9. Determine that:

9.1. the ID card of the citizen of the Republic of Belarus is used on an equal basis with the passport of the citizen of the Republic of Belarus for the identity certificate of the owner in the territory of the Republic of Belarus and beyond its limits and confirmations of nationality of the Republic of Belarus;

9.2. the biometric passport of the citizen of the Republic of Belarus is used on an equal basis with the passport of the citizen of the Republic of Belarus for the identity certificate of the owner outside the Republic of Belarus, confirmations of nationality of the Republic of Belarus and the owner's right to departure from the Republic of Belarus and (or) entry into the Republic of Belarus;

9.3. other biometric documents are equivalent in use with similar identity documents, and the documents for departure from the Republic of Belarus and (or) entry into the Republic of Belarus issued in accordance with the established procedure according to the applications submitted till September 1, 2021;

9.4. the diplomatic passport of the citizen of the Republic of Belarus, the service passport of the citizen of the Republic of Belarus, the residence permit in the Republic of Belarus, the travel document of the Republic of Belarus issued in accordance with the established procedure according to the applications submitted till September 1, 2021 are valid before the termination of effective period or replacement with biometric documents;

9.5. the ministerial procedures connected with documentation of foreign citizens and stateless persons according to the applications submitted to divisions on nationality and migration till September 1, 2021 are performed according to the procedure, acting for date of submission of documents;

9.6. The Ministry of Internal Affairs for the purpose of issue (exchange) to the population of biometric documents:

will organize collection, introduction and other processing of personal data of physical persons by law-enforcement bodies without their consent for the information system of the Ministry of Internal Affairs intended for collection and other processing of personal data, personalisation, issue and control of biometric documents;

provides storage and other processing of personal data of physical persons without their consent with observance of requirements of the legislation on information, informatization and information security;

9.7. The Ministry of Foreign Affairs for the purpose of issue (exchange) to the population of biometric documents will organize collection and introduction by diplomatic representations and consular establishments of the Republic of Belarus of personal data of physical persons without their consent in the information system of the Ministry of Internal Affairs intended for collection and other processing of biometric data, personalisation, issue and control of biometric documents.

10. Provide to the Ministry of Foreign Affairs informing foreign states on introduction in the Republic of Belarus of biometric documents since September 1, 2021.

11. Provide to the Ministry of Communications and Informatization placement and maintenance in urgent condition on the official site on the global computer Internet of information on requirements to the equipment and (or) the software which allow to perform authentication in information systems (resources) of owners of biometric identity documents.

12. Till July 1, 2021 to provide to the Ministry of Internal Affairs in interaction with the operator of the nation-wide automated information system (further - OAIS):

possibility of provision by means of OAIS (including the single portal of electronic services) from information systems (resources) of the Ministry of Internal Affairs of data in electronic form * about registration of citizens at the place of residence and (or) the place of stay, and also in the presence - about marital status and children;

possibility of the room by means of OAIS (including the single portal of electronic services) in information systems (resources) of the Ministry of Internal Affairs of the data in electronic form arriving from state bodies (organizations) about registration of physical persons at the place of residence and (or) the place of stay and provision of these data to state bodies (organizations) by means of OAIS (including the single portal of electronic services) from information systems (resources) of the Ministry of Internal Affairs.

______________________________

* This information is provided on a grant basis to state bodies and the organizations irrespective of pattern of ownership, to courts, notaries, lawyers, individual entrepreneurs and other physical persons (in the presence of the right to their obtaining determined by legal acts - without the consent of physical person, in other cases - with the consent of the physical person including expressed electronically).

13. For obtaining by means of OAIS of information on registration of physical persons at the place of residence and (or) the place of stay from information systems (resources) of the Ministry of Internal Affairs users of OAIS * taking into account the need determined by conditions of provision of such data provide:

availability of the equipment and (or) the software allowing to perform authentication of owners of biometric documents and giving of the request for receipt of necessary data signed by the digital signature developed with use of personal key which certificate of open key is published by republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus;

completion of the information systems (resources) and their integration with OAIS.

______________________________

* State bodies and the organizations irrespective of pattern of ownership, notaries, lawyers, individual entrepreneurs and other physical persons.

14. To Council of Ministers of the Republic of Belarus:

establish blank forms of biometric documents;

in six-months time to provide reduction of acts of the legislation in compliance with this Decree;

take other measures for implementation of this Decree.

15. This Decree becomes effective in the following procedure:

Items 1-9 of this Decree and appendix, except for paragraphs of the third, twenty fifth and forty first Item 1, Item 2, paragraphs of the hundred twenty third, hundred forty sixth - the hundred fifty fifth Item 3, subitems 4.6 and 4.14 of item 4 of appendix, - since September 1, 2021;

other provisions of this Decree - after its official publication.

At the same time action of paragraphs of the third and twenty fifth Item of 1 appendix extends to the relations which arose since January 1, 2020.

Before reduction of acts of the legislation in compliance with this Decree they are applied in the part which is not contradicting this Decree.

President of the Republic of Belarus

A. Lukashenko

Appendix

to the Presidential decree of the Republic of Belarus of March 16, 2021 No. 107

The list of the changes made to presidential decrees of the Republic of Belarus

1. In the Presidential decree of the Republic of Belarus of September 7, 2007 No. 413 "About enhancement of system of accounting of citizens at the place of residence and the place of stay":

in Item 3:

subitem 3.6 after the word "services" to add with the words "and the organizations performing accounting, calculation and charge of payment for housing and communal services and payments for use of premises";

add Item with subitem 3.7 of the following content:

"3.7. The Ministry of Internal Affairs for the purpose of accounting of citizens at the place of residence and the place of stay has the right on:

collection and other processing of personal data without the consent of physical person with observance of requirements of the legislation on information, informatization and information security;

obtaining on a grant basis data by means of the nation-wide automated information system (further - OAIS) from information systems, information resources including containing personal data (without the consent of physical person);

access, including remote, to information systems, information resources containing such data by the written request or based on the agreement (agreement) between the Ministry of Internal Affairs and state bodies (organizations).";

in the Regulations on registration of citizens at the place of residence and the place of stay approved by the Decree:

in Item 2 and the paragraph the fourth shall be replaced with words parts one of Item 8 of the word "the status of the refugee is provided or the shelter is granted" "the status of the refugee or shelter are provided";

in item 4:

in subitem 4.1:

after paragraph two to add the subitem with the paragraph of the following content:

"the ID card of the citizen of the Republic of Belarus, the biometric residence permit in the Republic of Belarus the foreign citizen, the biometric residence permit in the Republic of Belarus stateless persons (further - biometric identity documents);";

third to state the paragraph in the following edition:

"the certificate of birth - for the citizens who did not reach fourteen-year age and not having other identity documents;";

in subitem 4.2:

state paragraph two in the following edition:

"the certificate (certificate) of state registration of origin or transition of the property right to premises, the room for temporary residence, or the statement from the registration book concerning premises, the room for temporary residence, or the registration certificate on premises, the room for temporary residence - for registration of the citizen at the place of residence or the place of stay in the premises, the room for temporary residence which are in its property;";

the fourth to exclude the paragraph;

to exclude the word of "(subhiring)" from the paragraph of the fifth;

in paragraph seven of the word "the status of the refugee is provided or the shelter is granted" shall be replaced with words "the status of the refugee or shelter are provided";

add the subitem with the paragraph of the following content:

"the copy of the decision of guardianship and custody body on creation of orphanage of family type - for registration of parents - tutors of orphanages of family type in the place of stay in special premises in orphanages of family type;";

to add subitem 4.4 paragraph two after the word of "fund" with the words "and (or) providing housing and communal services, making accounting, calculation and charge of payment for housing and communal services and payments for use of premises";

state Item 6 in the following edition:

"6. Registration of citizens and members of their families at the place of residence in the premises acquired by such citizens based on the civil agreement (except for agreements of exchange (exchange), and also by inheritance, it is performed after removal from registration accounting of the former owners of this room with members of families if they do not remain to live in earlier occupied premises as members of families of new owners or behind them right to use by premises according to legal acts or the agreement does not remain.

Registration of employers and members of their families at the place of residence in rent housing is performed after removal from registration accounting of the former employers with members of families.

Registration of citizens at the place of residence or the place of stay in hostels, premises of social use, rent housing and special premises is performed concerning the citizens having the right to installation in these premises, except for the minors registered at the place of residence or the place of stay of legal representatives (one of them).";

in Item 71:

in parts three, the ninth, the tenth, fourteenth and fifteenth the words "on ownership and use" shall be replaced with words "ownerships and uses";

the eleventh to state part in the following edition:

"Registration of citizens at the place of residence or the place of stay in premises, the right of possession and uses of which is provided to these citizens by the members of the family of the owner of premises jointly living with the owner is performed from written consent of the owner and without the consent of other members, the former members of his family who do not have share in the right of common property to these premises, and other citizens having right of possession and uses of premises, except for the case provided in part twelve of this Item.";

to add part one of Item 10 with the paragraph of the following content:

"if there is judgment which took legal effect about prohibition of registration of citizens in premises.";

in Item 11:

add paragraph two with words "(without reclamation of their consent)";

add Item with part of the following content:

"For registration authorities use of information systems (resources) of state bodies and other organizations for the purpose of implementation of ministerial procedures within conducting registration accounting of citizens at the place of residence and the place of stay is non-paid.";

add the Provision with Item 11-1 of the following content:

"11-1. Registration authorities to which according to this Provision the transfer obligation by means of OAIS of information on registration in body of registration at the place of residence is assigned (law-enforcement body) provide timely holding organizational and technical actions necessary for this purpose. Such events are held according to requirements of the Ministry of Internal Affairs, single technical requirements of OAIS and if necessary can include completion and integration of information systems (resources) with OAIS.

Transfer and receipt by registration authorities of information on registration are performed with use of OAIS on a grant basis.";

the second Item 12 to state part in the following edition:

"Are established by the Ministry of Internal Affairs:

procedure for conducting registration accounting at the place of residence and the place of stay;

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