LAW OF TURKMENISTAN

of March 31, 2012 No. 290-IV

About migration

This Law according to the Constitution of Turkmenistan, the universally recognized norms of international law establishes procedure for entry into Turkmenistan, stay in its territory and departure from Turkmenistan of citizens of Turkmenistan, foreign citizens, stateless persons, determines legal relations in the sphere of migratory processes in Turkmenistan, competence of state bodies of Turkmenistan by regulation of migratory processes in Turkmenistan.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) migration - movement of physical persons from Turkmenistan in foreign states and from foreign states to Turkmenistan, and also within Turkmenistan, with change permanent or the temporary residence;

2) the migrant - the physical person moving from Turkmenistan to foreign states and from foreign states to Turkmenistan and also within Turkmenistan for the purpose of change permanent or the temporary residence;

3) the foreign citizen - the person who is not the citizen of Turkmenistan and having the proof of the belonging to nationality of any foreign state;

4) the stateless person - the person who is not the citizen of Turkmenistan and not having the proof of the belonging to nationality of any foreign state;

5) emigration - departure of citizens of Turkmenistan out of limits of Turkmenistan in foreign states on the permanent residence;

6) the emigrant - the citizen of Turkmenistan leaving Turkmenistan in foreign state on the permanent residence;

7) internal migration - movement of physical persons in the territory of Turkmenistan with change permanent or the temporary residence;

8) transit migration – transit movement of foreign citizens, stateless persons through the territory of Turkmenistan along the line from one foreign state in other foreign state of appointment;

9) labor migration - voluntary movement legally the physical persons who are constantly living in Turkmenistan out of limits of Turkmenistan, and also the foreign citizens, persons without citizenship who are constantly living in foreign states and arriving to Turkmenistan for the purpose of implementation of labor activity by them;

9-1) implementation of labor activity by the foreign citizen, the stateless person in Turkmenistan are the activities of the foreign citizen, stateless person performed in Turkmenistan based on the employment contract or the contract of civil nature for performance of works (rendering services);

9-2) implementation of illegal labor activity in Turkmenistan by the foreign citizen, the stateless person are implementation of labor activity in Turkmenistan the foreign citizen, the stateless person without work permit issued according to the procedure established by the legislation of Turkmenistan, and implementation of labor activity on other specialty, position within the territory, unlike specified in the work permit, based on the permission to labor activity which is not drawn up, not extended in accordance with the established procedure is equal;

9-3) foreign worker – the foreign citizen performing labor activity in Turkmenistan according to the procedure established by the legislation of Turkmenistan;

10) illegal migration - entry into Turkmenistan, stay on its territories and departure from Turkmenistan of physical persons in violation of the law of Turkmenistan;

11) the visa - the special mark (special sticker with seal of the relevant public institutions) in the passport recognized by Turkmenistan or other travel document of the foreign citizen, stateless person replacing it resolving entry into Turkmenistan, stay on its territories and departure from Turkmenistan;

12) the accreditation certificate – the document issued to the foreign citizen or the stateless person by authorized state body of Turkmenistan for participation in the international sporting events in the territory of Turkmenistan;

13) the residence permit in Turkmenistan - the document issued according to the procedure, established by the legislation of Turkmenistan, to foreign citizens, stateless persons, proving their identity and granting the right to residence in Turkmenistan;

14) administrative expulsion - forced and controlled movement of foreign citizens, stateless persons through Frontier of Turkmenistan out of its limits in cases, stipulated by the legislation Turkmenistan;

15) the unified register of the population of Turkmenistan - system of single accounting of personal data of citizens of Turkmenistan;

16) the residence - the place where the physical person permanently or mainly lives;

17) the place of stay - the place where the physical person lives temporarily;

18) registration of foreign citizens, stateless persons in the place to the residence/place of stay – registration by authorized bodies of foreign citizens, stateless persons in the place to the residence/place of stay, and also data on the movement from one place to other place according to the procedure determined by the legislation of Turkmenistan;

19) the state information system of registration of foreign citizens, stateless persons in the place to the residence/place of stay – set of the information resources created in the Public migratory service of Turkmenistan for regulation of migratory processes of foreign citizens, stateless persons in the separate directions.

20) the invitation - the document processed in written or electronic type, which is the basis for issue to the foreign citizen, stateless person of the entry visa to Turkmenistan.

21) the party accepting foreign citizens, persons without citizenship in Turkmenistan - the physical persons inviting for temporary stay in Turkmenistan and (or) accepting foreign citizens, persons without citizenship, the citizen of Turkmenistan living in Turkmenistan, the foreign citizen or the stateless person, persons performing business activity without formation of legal entity and also legal entities, including state bodies, local government bodies, diplomatic representations or consular establishments of foreign states in Turkmenistan, representative offices of the international organizations in Turkmenistan or representations of foreign states under the international organizations which are in Turkmenistan, branch or representation of the legal entity.

Article 2. Legislation of Turkmenistan on migration

1. The legislation of Turkmenistan on migration is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan regulating the questions relating to migration.

If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.

2. Operation of this Law does not extend to persons petitioning for acceptance, recovery and getting out of citizenship of Turkmenistan, and also the faces which received the status of the refugee or petitioning for its provision.

Article 3. The basic principles of regulation of processes of migration in Turkmenistan

Regulation of processes of migration in Turkmenistan is based on the following principles:

1) ensuring the human right for the free choice of the residence, kind of activity and profession affirmed in the Constitution of Turkmenistan, freedom of travel;

2) inadmissibility of infringement of the rights and personal freedoms on signs of nationality, race, floor, origin, property and official capacity, the residence, language, the relation to religion, political convictions, party accessory or lack of belonging to any batch, or for other reasons;

3) ensuring compliance of the legislation of Turkmenistan to the universally recognized norms of international law and to international treaties of Turkmenistan in the field of migration;

4) identification, the prevention and prevention of illegal migration in Turkmenistan;

5) respect and observance by migrants of the legislation of Turkmenistan;

6) cooperation of authorized state bodies, interaction with public associations in the sphere of regulation of processes of internal migration;

7) participation of authorized state bodies in regulation of processes of external migration.

Article 4. Main objectives of this Law

The main objectives of this Law are:

1) regulation and stabilization of processes of migration in Turkmenistan;

2) protection of the rights and legitimate interests of migrants, ensuring their social protection;

3) identification, prevention and prevention of illegal migration;

4) maintaining the unified register of the population of Turkmenistan;

5) assistance to ensuring national security and to respect for interests of the state in the conditions of development of migratory processes;

6) enhancement of the mechanism of legal regulation of processes of migration.

Article 5. Authorized state bodies of Turkmenistan in the field of migration

1. Authorized state bodies of Turkmenistan in the field of migration are the Public migratory service of Turkmenistan, the Ministry of Foreign Affairs of Turkmenistan, the Ministry of homeland security of Turkmenistan, the Ministry of Internal Affairs of Turkmenistan, the State Border Service of Turkmenistan and other state bodies dealing with migration issues.

2. Control of observance of requirements of this Law is exercised by the state bodies specified in part one of this Article within the powers established by the legislation of Turkmenistan.

Chapter II. Entry into Turkmenistan, stay on its territories and departure from Turkmenistan of foreign citizens, stateless persons

Article 6. Entry visa, stay and departure from Turkmenistan of foreign citizens, stateless persons

1. Foreign citizens, stateless persons can drive and stay in the territory of Turkmenistan based on the entry visa to Turkmenistan if other is not established by international treaties of Turkmenistan.

Entrance and stay in the territory of Turkmenistan of the foreign citizens, stateless persons arriving for accommodation is performed based on the residence permit issued according to the procedure, established by the legislation of Turkmenistan.

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