of February 18, 2013 No. 125
About approval of the Regulations on issue of identity documents, and about accounting of citizens of the Republic of Moldova
For the purpose of execution of part (3) articles VII of the Law No. 187 of July 11, 2012 on modification and amendments in some legal acts (The official monitor of the Republic of Moldova, 2012, No. 186-189, of the Art. 625) DECIDES: the Government
Regulations on issue of identity documents, and on accounting of citizens of the Republic of Moldova, according to appendix No. 1;
changes and additions which are made to some Orders of the Government, according to appendix No. 2;
The list of some orders of the Government which are recognized invalid, according to appendix No. 3.
deputy. Prime Minister, Minister of Foreign Affairs and European Integration
minister of information technologies and communications
Minister of Internal Affairs
Appendix No. 1
to the Order of the Government of the Republic of Moldova of February 18, 2013 No. 125
1. The regulations on issue of identity documents, and on accounting of citizens of the Republic of Moldova (further - the Provision) are the regulation which provides realization of legal relations between physical persons, legal entities and public institutions in case of issue of identification documents, when accounting at the place of residence or in the place of temporary stay, in case of permission to emigration of residents of the Republic of Moldova and in case of repatriation of citizens of the Republic of Moldova.
2. The terms used have the following value:
the identity document, - the official document confirming the personality, the legal position and, as necessary, the residence or the place of temporary stay of the owner issued by competent authority;
the identity document for internal use, - the identity document valid within precepts of law and held for use in the territory of the republic and beyond its limits according to international agreements. Belong to this category of documents: identity certificates, temporary identity certificate, residence permits, temporary identification document (No. Form 9);
identity documents, for internal use of the I generation - identity certificates, residence permits and the temporary identification document (No. form 9), issued till March 7, 2013;
identity documents, for internal use of the II generation - the identity certificates and residence permits issued since March 7, 2013;
identity documents, for internal use of III generation - the identity certificates issued to citizens of the Republic of Moldova, containing digital signature facilities and certificates of the open keys brought in storage of electronic documents (further - the electronic identity certificate);
competent authority - the organization responsible for provision of services in the field of nationality, for issue of identification documents, for registration of persons at the place of residence or in the place of temporary stay, for permission to emigration, for repatriation, depending on category of applicants and the place of their stay: the divisions of public organization "Agency of the State Services" responsible for accounting of persons and issue of identification documents (further - divisions of the Agency of the state services); diplomatic representations and consular establishments of the Republic of Moldova (further - DPKU); Bureau on migration and refugees of the Ministry of Internal Affairs (further - Bureau on migration and refugees);
permission to emigration - the mark which is put down in the passport of the citizen of the Republic of Moldova by competent authority owing to authorization of emigration of the citizen of the Republic of Moldova for permanent residence abroad or owing to factual determination that the citizen of the Republic of Moldova constantly lives abroad;
documents of civil status - the official documents issued by competent authorities in the field of civil status, and also others, bodies, other than them, valid according to legal provisions which contain authentic records of identification of person confirm its civil status, and also changes and corrections of identification data. Belong to this category of documents: certificates of civil status (the certificate of birth, the certificate on change of surname and/or name, the registration certificate of scrap, the certificate on annulment of marriage, the death certificate), the copy or the statement from the act of civil status, the conclusion about cancellation and/or change of the act of civil status, the final and taken legal effect decision of degree of jurisdiction passed by foreign bodies about registration, termination or recognition of scrap invalid, the documents issued by competent authorities of foreign states which confirm registration or records of the facts of civil status, correction or change of personal data or civil status of person.
3. Residents of the Republic of Moldova are her citizens who are constantly living in the territory of the country irrespective of registration availability at the place of residence or in the place of temporary stay, foreigners with the stay right in the territory of the republic and person for which competent authorities of the Republic of Moldova acknowledged the status of the stateless person or refugee, and also person to which humanitarian protection, temporary protection or political asylum were provided, except for of foreigners - members of diplomatic corps.
4. Accounting of residents of the Republic of Moldova and its citizens living abroad represents the single integrated system of registration and updating of data within the Automated information system "State Register of the Population" (further - the State register of the population).
When accounting residents of the Republic of Moldova the Automated information system "State Register of Administrative and Territorial Units and Addresses" is used from the moment of implementation of this system.
5. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 09.11.2022 No. 767
6. Procedure for provision of services to persons according to requirements of this provision and territorial competence are established by higher body of competent authority.
7. Services in issue of identity documents, in registration or removal from accounting in the residence or in the place of temporary stay, permission to emigration or repatriation are provided by competent authorities according to the terms, duties and rates established by the corresponding regulatory base which are paid by the applicant.
The term of consideration of the applications about issue of identification documents, about issue of permission to emigration cannot exceed 20 working days from the date of receipt of all necessary documents, except for the temporary identity certificate which is issued in day of filing of application. In cases of filing of application through DPKU the term of consideration is estimated from the date of registration of a statement on paper or in the form of the electronic document in Public institution "Agency of the state services" (further - the Agency of the state services).
According to the statement of person the identification document can be issued, and permission to emigration can be got in shorter terms by what regular term, according to the terms and rates established by the Government except as specified primary issue of the identification document to person who reached age of majority and at the time of the address was not identified or its previous identification cannot be confirmed and which identification is established according to Item 34 provisions. In these cases the term of issue of the first identification document can constitute at least 5 working days.
In case of need additional consideration of the application the term of its consideration can be extended by the head of the relevant competent authority no more than for one month on what the applicant is informed in writing or by means of electronic means of communication.
Person using privileges according to provisions of regulations is exempted fully or partially from payment for the rendered services by provision of supporting documents.
Provision of supporting documents is not obligatory if information on these documents is available in information resources and can be requested by means of platform of interoperability (MConnect).
8. In case of issue of identity documents which contain discrepancies because of competent authority cost on replacement of the relevant documents is covered at the expense of this body.
9. Statements, declarations, questionnaires, the conclusions, the petitions and other documents of this nature used in case of issue of identity documents, when accounting inhabitants, in case of registration of permission to emigration or in case of repatriation represent the standard form and contain the personal data necessary for creation and updating of the State register of the population.
Samples of the standard forms and marks used in these purposes are established by higher body of competent authority. If several bodies are involved in this process, samples of standard forms and the corresponding marks are established by means of the joint order.
10. Processing of personal data in the course of provision of services on issue of identity documents, and accounting of residents of the Republic of Moldova is performed according to provisions of the Law No. 133/2011 on personal data protection.
According to this Provision personal data, only strictly necessary and not excessive for the established purpose, according to the powers assigned to competent authorities with ensuring sufficient level of safety and confidentiality concerning the risks connected with processing and nature of data according to the principles established by the law are processed.
Within transactions on processing of the personal data performed according to this Provision observance of the rights of the subject of personal data according to provisions of the Law No. 133/2011 on personal data protection is provided.
11. The data containing in the forms provided to competent authorities according to requirements of this provision are certified by persons responsible for receipt of the statement by method of application of the signature of the specified place.
12. Personal data of citizens of the Republic of Moldova are entered in identity documents, from registration certificates of acts of civil status, and data of foreigners from the passport of the foreign citizen or from the travel document and, as necessary, from documents on civil registration.
In cases when personal data of the applicant are entered in registration certificates of acts of civil status in Russian, the transliteration of these data in state language is performed according to requirements of the regulations regulating area of civil status.
In case of issue of identification documents of the citizen of the Republic of Moldova to the persons who are citizens of other states, born in the territory of the Republic of Moldova which are recovered in nationality of the Republic of Moldova or are recognized citizens of the Republic of Moldova according to part provisions (1-1) articles 12 of the Law on nationality of the Republic of Moldova No. 1024/2000, their surname and name are entered in identification documents according to the national certificate of birth registered by body of civil registration of the Republic of Moldova with use, depending on circumstances, rules of transliteration of surname and name from Russian on state language.
13. In case of detection of discrepancies in the personal data entered in the documents on civil registration submitted by the applicant issue of identity documents it is performed after elimination of the corresponding discrepancies.
14. The documents used within the procedures provided by this Provision are represented in state language, and those which are constituted in other language are represented in the official translation, except for constituted in Russian.
Filing of application by other persons is allowed in the following particular cases:
a) in case of the child, including the child, without parental support, or the child, temporarily without parental support over which are established guardianship or custody the legal representative of that (one of parents, the guardian, the custodian) on condition of compulsory attendance of the child acts as the applicant;
b) in case of the child whose parents are minors or whose single parent is minor, the legal representative of minor parents / the single minor parent acts as the applicant;
c) in case of the child separated from parents including the child placed in service of placement of family type, except for services of guardianship/guardianship or in service of placement of residential type, the application is submitted by territorial authority of guardianship in the location or accommodations of the child on condition of compulsory attendance of the child;
d) in case of person to whom the measure of judicial protection in the form of guardianship is applied his legal representative (guardian) acts as the applicant, in case of compulsory attendance of the represented person;
e) in case of person imprisoned movements or person which is on forced treatment under provisional attachment or in the conclusion, the statement for issue of the identification document or the residence permit can move through the representative, the representative by proxy, certified by the notary or other persons, such authority given according to the law or by means of representative powers based on the digital signature registered in the Register of representative powers based on the digital signature;
f) in case of person imprisoned movements and for which removal of fingerprints is not obligatory or it is not possible, the statement for issue of the passport or the travel document can move through the representative, the representative by proxy, certified by the notary, or other persons, such authority given according to the law or by means of representative powers based on the digital signature registered in the Register of representative powers based on the digital signature;
g) in case of the person hospitalized in medical institution and who is in a serious condition (unconscious, in coma), the application is submitted by person acting in its interests (the family member, the relative), and in the absence of such person the identification document is issued according to the petition of the relevant medical institution or body of local public authority if the hospitalized person is receiver of the public assistance;
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