ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of January 15, 2013 No. 50

About approval of the Regulations on issue of visas

For the purpose of fulfillment of requirements of part (3) article 20 of the Law on regime of foreigners in the Republic of Moldova No. 200 of July 16, 2010 (The official monitor of the Republic of Moldova, 2010, Art. No. 179-181, 610), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on issue of visas it (is applied).

2. Determine that the visas issued before entry into force of this resolution are valid before the expiration of the terms specified in them.

3. To the Ministry of Foreign Affairs and European Integration and the Ministry of Internal Affairs to take necessary measures for implementation of requirements of the specified Provision.

4. This resolution becomes effective on March 1, 2013.

5. Without prejudice to item 4 of the requirement of the Provision, the visas concerning collection of biometric these applicants, will become effective for later date.

6. Requirements of the Regulations on submission of statements for issue of visa through the Elektronnaya Viza portal and issue of electronic visas become effective on August 1, 2014.

Prime Minister

Vladimir Filat

Countersign: Deputy Prime Minister, Minister of Foreign Affairs and European Integration

Iurie Leanca

Minister of Internal Affairs

Doreen Rechan

minister of information technologies and communications

Paweê Phillip

Appendix No. 1

to the Order of the Government of the Republic of Moldova of January 15, 2013 No. 50

Regulations on issue of visas

This Provision partially states Regulations (EU) No. 810/2009 of the European Parliament and Council of July 13, 2009 establishing the Code of Community about visas (The visa code) published in the Official magazine of the European Union by L243 of September 15, 2009.

Chapter I. General provisions and terms

1. This Provision establishes procedure and conditions of issue of visas by diplomatic missions and consular representations of the Republic of Moldova abroad (further - diplomatic missions), and also procedures of issue of visas on Items of crossing of frontier the General inspectorate of Boundary police of the Ministry of Internal Affairs (further - Boundary police) and prolongation of visas of Bureau on migration and refugees of the Ministry of Internal Affairs (further - competent authority for foreigners).

2. Requirements of this provision extend to all foreigners for whom the visa to entry into the Republic of Moldova is necessary, without prejudice to:

1) the rights to free movement of citizens of the countries with which the Republic of Moldova signed agreements on introduction of simplified visa regime and which citizens are exempted from need of receipt of a visa for entrance on the territory or transit across the territory of the Republic of Moldova;

2) rights to liberty of movement which citizens of the countries which are exempted from need of receipt of a visa for entrance on the territory or transit across the territory of the Republic of Moldova according to the current legislation use.

3. According to part (4) article 24 of the Law on nationality of the Republic of Moldova No. 1024 of June 2, 2000, diplomatic missions will not adopt the statement for issue of visas from citizens of the Republic of Moldova who have nationality of other state.

4. Exception of Item conditions 3 this provision constitute the following categories of persons who, being citizens of the Republic of Moldova and citizens of other state, voluntarily submit applications for issue of visas in diplomatic missions:

1) children who acquired automatically in case of the birth nationality of the Republic of Moldova and nationality of other state;

2) citizens of the Republic of Moldova who at the same time have nationality of other state if this nationality is acquired automatically as a result of marriage;

3) children are citizens of the Republic of Moldova who acquired nationality of other state as a result of adoption;

4) if multiple nationality follows from international treaties which party is the Republic of Moldova;

5) if the refusal of nationality of other state or its loss are impossible or they cannot be required reasonably;

6) citizens of other states which for the benefit of the Republic of Moldova and in exceptional cases acquired also nationality of the Republic of Moldova the presidential decree of the Republic of Moldova if action of Items a) - d does not extend to them) article 20 of the Law on nationality of the Republic of Moldova No. 1024 of June 2, 2000.

5. For the purposes of this provision the used terms mean the following:

1) the Management information system visas - the information resource attached to other information resources by means of which visas to entrance and transit on the territory of the Republic of Moldova are issued;

2) visa sticker - single format of the visa which is put down on the document of crossing of frontier, confirming issue of visa, according to appendix No. 1a to this Provision;

3) the electronic visa - set of all graphical signs and code numbers issued to the applicant of the visa, confirming issue of visa according to appendix No. 1b to this Provision;

4) the recognized document on the right of crossing of frontier - the travel document recognized or approved by the Republic of Moldova for the purpose of issue of visas;

5) diplomatic mission - diplomatic mission or consular representation of the Republic of Moldova abroad;

6) the request - the form of the statement for issue of visa completed and signed on paper basis or in electronic format;

7) the commercial intermediary - the private administrative agency, transportation company or travel agency or tour operator;

8) the external supplier of services - the legal entity officially registered in foreign state authorized to receive and process requests for visas to entry into the Republic of Moldova/departure from the Republic of Moldova on behalf of diplomatic missions and consular representations of the Republic of Moldova;

9) agreements on representation - bilateral agreements which imply provision of the right to diplomatic missions and consular representations of the relevant state for obtaining and/or review of requests;

10) the transit airport visa – the visa which permits the foreigner to pass through the international transit area of the airport of the Republic of Moldova without entrance on the territory of the country, in connection with transit landing or transition between parts of the international flight;

11) Elektronnaya Viza portal - The http://evisa.gov.md Internet page intended for filing of applications about issue of the electronic visa;

12) Government electronic service of authentication and access control (MPass) - the reusable service provided at the level of general government technological framework (MCloud) which purpose is providing the integrating, safe and flexible mechanism of authentication and access control of users in information systems, including electronic services.

Chapter II. Procedures and conditions of issue of visas

Section 1. Bodies responsible for acceptance and consideration of requests

6. Diplomatic missions consider applications and make on them decisions.

7. In departure from Item provisions 6, the Boundary police can consider requests and make decisions on them on frontier of the Republic of Moldova according to Chapter VII of this provision.

Section 2. Consular competence

8. Diplomatic missions consider and make the decision according to the adopted statements for issue of visa within the functional competence.

9. No. 558 is excluded according to the Order of the Government of the Republic of Moldova of 16.07.2014

10. No. 558 is excluded according to the Order of the Government of the Republic of Moldova of 16.07.2014

11. Consular competence for the applications for issue of visa submitted through the Elektronnaya Viza portal is assigned to Management on consular cases of the Ministry of Foreign Affairs and European Integration.

Section 3. Agreements on representation

12. According to provisions of the national legal system of rather international treaties agreements with other state concerning representation for the purpose of consideration of requests and issue of visas on behalf of the Republic of Moldova can be signed. If necessary, this representation can be limited only to collection of requests and their direction in diplomatic mission of the Republic of Moldova or the Ministry of Foreign Affairs and European Integration for consideration.

13. Without prejudice to provisions of the national legal system in the field of international treaties bilateral agreements about representation may contain the following elements:

1) term of representation and procedure for its termination;

2) categories of foreigners whose requests will be without fail sent to diplomatic mission for consideration and decision making concerning the visa;

3) provision of permission about immediate refusal in the visa;

4) provision of permission to reception of applications through commercial intermediaries.

14. The procedure for authorization of honorary consuls of the Republic of Moldova for collection of statements for issue of visas and their departure to diplomatic missions or the Ministry of Foreign Affairs and European Integration of the Republic of Moldova is regulated by the Ministry of Foreign Affairs and European Integration.

15. Collection and transfer of statements and data of personal nature to diplomatic missions are performed with observance of requirements of the legislation of the Republic of Moldova on personal data protection.

Section 4. Practical methods for filing of application about issue of visa

16. Visa application forms can be submitted to diplomatic representations by the applicant personally, through the Elektronnaya Viza portal, by mail or through commercial intermediaries according to this Provision.

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