of April 26, 2001 No. 100-XV
About acts of civil status
The parliament adopts this organic law.
This law determines:
a) the bodies providing state registration of acts of civil status (further - bodies of civil registration);
b) order of registration of acts of civil status;
c) procedure for change, correction, recovery and cancellation of civil registrations, and also entering of marks into them;
d) procedure for forming of registers (further - registers of acts of civil status);
e) procedure and storage durations of registers of acts of civil status.
(1) Civil registrations are authentic state documents by means of which the facts and events influencing origin, change or the termination of the rights and obligations of citizens prove to be true legal status of the last is characterized.
(2) only the acts of civil status registered in bodies of civil registration are recognized Valid.
(3) the Acts of civil status made on religious practices to organization or recovery of bodies of civil registration, registered according to the legislation existing during their making are recognized valid without registration bodies of civil registration.
(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.
(2) Civil registration is made on behalf of the state by bodies of civil registration.
(4) In case of civil registration the corresponding record of the act of civil status based on which the registration certificate of the act of civil status is granted is constituted.
(5) the Data which are subject to entering into records of acts of the birth on marriage, about annulment of marriage, about change of surname and/or name, about death, and also in appropriate certificates about civil registration, are provided by this law.
(6) In civil registration also other stipulated by the legislation data can be entered if it is caused by features of registration of the specific act of civil status.
(7) Registration and re-registration of acts of civil status of the citizens of the Republic of Moldova living beyond its limits are made by diplomatic representations and consular establishments of the Republic of Moldova according to its legislation.
(1) Creation of record of the act of civil status and entering of marks into it are made based on the petition from the citizen or the official organ obliged to declare registration of the act of civil status, and also the documents confirming the facts which are subject to registration. At the same time the applicant shall show the documents proving his identity.
(2) the Employee of body of civil registration shall check reliability of contents of the submitted application and compliance to its identity documents, registration certificates of acts of civil status, to other documents shown by the applicant.
(3) Record of the act of civil status is constituted in two identical authentic copies with one sequence number.
(4) Creation of civil registrations, and also entering of marks into them are made in the Moldavian language. Registration certificates of acts of civil status are constituted in the Moldavian language or at the request of the applicant in other language according to the Law on functioning of languages in the territory of the Republic of Moldova No. 3465-XI of September 1, 1989.
(5) the Surname and name in record of the act of civil status are specified based on identity documents, registration certificates of the acts of civil status, civil registrations or other documents shown by the applicant or received from official organs stipulated by the legislation.
(6) Record of the act of civil status is read and signed by the applicant, is certified by the responsible employee and it is sealed.
(7) If the applicant cannot sign record of the act of civil status, the employee does the corresponding mark in this record.
(8) In case of creation of record of the act of civil status deletions, scrapings, reducings and additions are not allowed.
(9) the Employee of body of civil registration has no right to register the act of civil status if is the party of this act of civil status or the applicant. In that case he according to the legislation delegates the powers to other person.
(1) the First copies of civil registrations (each type separately) are systematized in chronological procedure then from them the corresponding registers are constituted. Are similarly created in registers and the second copies of civil registrations.
(2) All registers of acts of civil status which are drawn up with observance of the established requirements to accumulating, systematization, storage and accounting of archive documents are component of archival fund of registers of acts of civil status of the Republic of Moldova (further - archival fund of registers). The archival fund of registers is part of Archival fund of the Republic of Moldova.
(3) the First copy of registers of acts of civil status joins bodies of civil registration in the inventory of cases of permanent storage constituted according to the archival rules established by the Public archive agency of the Republic of Moldova, and approved by the relevant public archival institution of the Republic of Moldova.
(4) the Second copy of registers of acts of civil status joins in the inventories of archive documents of archival fund of registers which are kept Archive of registers of acts of civil status of the Agency of the state services (further - Archive of registers).
(1) based on civil registrations, and also determinations of the notary about annulment of marriage in the consent of spouses, are granted appropriate certificates: about registration of the birth, marriage, annulment of marriage, change of surname and/or name - to owners of civil registrations or their legal representatives, about registration of death - to family members, relatives of the dead or other persons having the right to it.
(2) Registration certificates of acts of civil status are signed by the employee of body of civil registration or the employee of primeriya of the city, commune, village, authorized to register acts of civil status, and are sealed relevant organ.
(3) the Registration certificates of acts of civil status granted by bodies of civil registration of the Republic of Moldova are recognized in the territory of other states after accomplishment of the procedure of legalization of official documents if international treaties which party is the Republic of Moldova, do not provide other.
(1) In cases of damage or loss of the registration certificate of the act of civil status the body of civil registration or Archive of registers based on the corresponding record of the act of civil status grants the new certificate with the mark "Duplicate".
(2) the Duplicate of the registration certificate of the act of civil status can be issued:
a) to the owner of record of the act of civil status;
b) to family members, relatives of the dead or other persons having the right to it, if the owner of record of the act of civil status died;
c) to parents, guardians or custodians, the representative of guardianship and custody body, if the owner of the birth statement did not reach age of majority;
d) to person who showed notarially certified power of attorney or representative powers based on the digital signature registered in the Register of representative powers based on the digital signature granting it the right to the duplicate.
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