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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

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

(as amended on 09-12-2020)

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

1. Approve:

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.

2. This Resolution becomes effective since March 7, 2013.

Prime Minister

Vladimir Filat

Countersign:

deputy. Prime Minister, Minister of Foreign Affairs and European Integration

 

Iurie Leanca

minister of information technologies and communications

Paweê Phillip

Minister of Internal Affairs

Doreen Rechan

Appendix No. 1

to the Order of the Government of the Republic of Moldova of February 18, 2013 No. 125

In all text of the Provision of the word "living space" in all grammatical forms are replaced with the word "housing" in the corresponding case according to the Order of the Government of the Republic of Moldova of 31.10.2017 No. 872

Regulations on issue of identity documents, and on accounting of citizens of the Republic of Moldova

I. General provisions

1. The regulations on issue of identity documents, and on accounting of citizens of the Republic of Moldova (further - the Provision) are the regulatory base 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 in this Provision 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 issue of identification documents, for accounting 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 the population 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 formal permission on departure for permanent residence abroad issued by bodies public the authorities of the republic Moldova;

documents of civil status - the official documents issued by competent authorities in the field of civil status, and also others, other than them, bodies valid according to legal provisions, containing the authentic records allowing to identify the personality, confirming its civil status, and also change, correction, amendment of identification data. Belong to this category of documents: registration certificates of acts of civil status (the certificate of birth, the certificate on change of surname and/or name, the marriage certficate, the certificate on annulment of marriage, the death certificate), the copy or the statement from the act of civil status, the conclusion about cancellation, change, correction and/or amendment of the act of civil status, the final and taken legal effect judgment on registration, the conclusion or on annulment of marriage which is taken out by foreign bodies, the documents on registration of the facts of civil status issued by foreign organizations, others than bodies of civil status.

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) or, as necessary, by means of manual card-index on accounting of persons (further - manual card-index).

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. Accounting of citizens of the Republic of Moldova who refuse the state identification number and the automated accounting in the State register of the population is performed by means of manual card-index from the moment of refusal.

6. Procedure for provision of services to the population according to requirements of this provision and territorial competence are established by higher body of competent authority.

7. Services in issue of identification documents, registration or removal from accounting in the residence or in the place of temporary stay, permission to emigration or in repatriation are performed by competent authorities according to terms, duties (charges) and rates established legally which are paid by the applicant.

The term of consideration of the applications on issue of identity documents, cannot exceed 30 calendar days from the moment of receipt of all necessary documents. 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 organization "Agency of the State Services" (further - the Agency of the state services).

In case of need additional consideration the term of consideration can be extended by the head of the relevant competent authority no more than for one month on what the applicant is informed.

Persons using privileges according to law provisions by provision of the relevant documents are exempted fully or partially from payment for the rendered services.

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.

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.

14-1. Identification documents are issued based on the application submitted by the applicant to competent authorities in accordance with the established procedure.

Filing of application by other persons is allowed in the following particular cases:

a) in case of the minor, including over what guardianship or custody is established his legal representative (one of parents, the guardian, the custodian) acts as the applicant, in case of compulsory attendance of the represented person;

b) in case of the child separated from parents over whom guardianship or custody is not established the application is submitted by body of guardianship, in case of compulsory attendance of the represented person;

c) in case of the child separated from parents over whom guardianship or custody are not established or were withdrawn on legal causes and which uses services of social placement in service of family type or service of residential type or it is placed in public organization of the public assistance, education, education, treatment or in other similar organization, the application is submitted by administration of the relevant organization, in case of compulsory attendance of the represented person;

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;

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;

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;

h) in case of person with mental disease or physical, intellectual or psychological violations which is on content in medical or social institution over which the measure of protection in one form is not established the identification document it is issued according to the petition of the relevant organization.

If concerning sui juris person one of protection measures is established, but its condition does not allow it to make the independent decision concerning issue of the identification document, in case of submission of the corresponding statement person given with protection function (the assistant, the attorney authorized by the order about protection in the future, the temporary defender, the custodian, members of family council, and also other persons given with function of protection on legal causes) gives to person which is under protection help.

In case of requesting of the identity certificate containing digital signature facilities and certificates of open keys, filing of application through the representative is not allowed.

14-2. The statement for issue of identification documents is rejected if the applicant submitted obviously false data or the submitted documents are insufficient, contain discrepancies, are invalid or is determined that they are not authentic. In the context of this Item the concept "invalid document" does not extend to the identification documents which are subject to replacement.

The statement for issue of the passport of the citizen of the Republic of Moldova or the travel document is rejected also in cases when to the applicant the right to free movement out of limits of the country is suspended, provided by part (1-6) articles 4 of the Law on identification documents of national passport system No. 273-XIII of November 9, 1994.

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