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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 24, 2015 No. 128

About approval of the Regulations on procedure and conditions of appointment, financing (transfer), the order and use of means of the family capital

(as amended on 14-12-2021)

Based on Item 5 of the Presidential decree of the Republic of Belarus of December 9, 2014 No. 572 "About additional measures of the state support of the families raising children" (further – the Decree No. 572) and item 4 of the Presidential decree of the Republic of Belarus of September 18, 2019 No. 345 "About the family capital" (further – the Decree No. 345) the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Regulations on procedure and conditions of appointment, financings (transfer), orders and uses of means of the family capital (are attached).

2. To the Ministry of Labour and Social Protection, the Ministry of Architecture, the Ministry of Education and the Ministry of Health to adopt the regulatory legal acts regulating procedure for use of means of the family capital in the corresponding directions.

3. This resolution becomes effective after its official publication.

Prime Minister of the Republic of Belarus

A. Kobyakov

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 24, 2015 No. 128

Regulations on procedure and conditions of appointment, financing (transfer), order and use of means of the family capital

Chapter 1. General provisions

1. This Provision determines procedure and conditions of appointment, financing (transfer), the order and use of means of the family capital established by the Decree No. 572 and the Decree No. 345.

2. For appointment, the order and use of means of the family capital, and also for making of other actions established by this Provision, citizens have the right to address personally or through the representatives by proxy, confirming their powers, according to Article 186 of the Civil code of the Republic of Belarus.

Minor citizens, incapacitated or restrictedly capable full age citizens address through the legal representatives - parents, adoptive parents (adopters), guardians (custodians), other legal representatives recognized as those according to acts of the legislation or acts of the state bodies authorized on that or through representatives of these legal representatives.

2-1. Provided by citizens for appointment, the order and uses of means of the family capital originals of documents return to citizens. In personal records of citizens copies of the documents submitted by them which are verified with originals join and are certified of the procedure established by the legislation.

Chapter 2. Procedure for purpose of the family capital

3. The citizen having the right to purpose of the family capital according to Item 3 of the Regulations on one-time provision to families of non-cash in case of the birth (adoption, adoption) in 2015-2019 third or the subsequent children approved by the Decree No. 572 (further – the Provision approved by the Decree No. 572), Item 3 of the Regulations on provision of the family capital in case of the birth (adoption, adoption) in 2020-2024 third or the subsequent children, approved by the Decree No. 345 (further – the Provision approved by the Decree No. 345) addresses to local executive and administrative organ according to registration at its place of residence (the place of stay) with the statement for purpose of the family capital in form according to appendix 1.

Together with the statement for purpose of the family capital the citizen submits the documents and (or) data provided in Item 2.46 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens, No. 200 approved by the Presidential decree of the Republic of Belarus of April 26, 2010 (further – the list).

4. For the purposes of purpose of the family capital the category of incomplete family is determined according to article 63 of the Code of the Republic of Belarus about scrap and family.

5. Are requested by local executive and administrative organ within five calendar days from the date of receipt of the statement for purpose of the family capital:

the certificate of the residence and family composition (the copy of personal account) on all family members who are constantly living in the Republic of Belarus (the citizens of the Republic of Belarus registered at the place of residence (the place of stay) in the Republic of Belarus, the foreign citizens and stateless persons registered at the place of residence in the Republic of Belarus);

data on deprivation of the parent rights, on cancellation of adoption (adoption), confiscation of child(children) from family by a court decision, refusal of child(children), establishment over child(children) of guardianship (guardianship) - concerning the children considered in family composition;

other documents and (or) data necessary for decision making on appointment (refusal in appointment) the family capital.

The certificate of the residence and family composition (the copy of personal account) is requested on family members in the place of their residence in the Republic of Belarus. In case of absence - the citizen of the Republic of Belarus of registration at the place of residence in the Republic of Belarus the certificate of the residence and family composition (the copy of personal account) is requested from the family member who is constantly living in the Republic of Belarus in the place of its stay in the Republic of Belarus.

5-1. In case of determination of availability of the right to purpose of the family capital in family composition are considered:

mother (stepmother), father (stepfather), adoptive father (adopter);

the children aged up to 18 years (including day of achievement of age by them 18 years) raised in family, including adopted (adopted) stepsons and stepdaughters.

Children are considered in family composition under condition if on the date of the request for purpose of the family capital they constantly live in the Republic of Belarus.

In case of annulment of marriage children are considered in family composition of the parent on which education they are according to the documents and (or) data specified in Item 5-2 of this provision. The children born out of scrap are considered in family composition of mother if according to the decision (resolution) of court, determination about the writ other is not established (about the place of residence of children, collection of the alimony for their content and other bases).

If children were considered in case of purpose of the family capital (appointed according to the Decree No. 572 or the Decree No. 345) in one family, in other family they are not considered.

The adopted (adopted) children who at the time of adoption (adoption) were not stepsons or stepdaughters of person who adopted (adopted) them are considered in family composition of adoptive parents (adopters) regardless of the fact that they were considered as a part of other family in case of purpose of the family capital before their adoption (adoption).

In case of determination of availability of the right to purpose of the family capital in family composition children are not considered:

concerning which parents (the single parent) are deprived of the parent rights;

over which guardianship (guardianship) is established;

selected from family by a court decision;

which parents (parent) refused;

concerning which adoption (adoption) is cancelled;

the dead, acknowledged it is unknown absent, declared the dead.

5-2. Treat documents and (or) data based on which children are considered in family composition of one of parents:

The agreement on children, the copy of the judgment on annulment of marriage (the statement from the decision), the Marriage agreement, determining the parent with whom child(children) lives;

the copy of the judgment about deprivation of the parent rights of the second parent or about confiscation of the child without deprivation of the parent rights;

the copy of the judgment, determination about the writ about collection of the alimony, the Agreement on content of the minors and (or) the disabled full age children needing the help;

the reference of the body registering acts of civil status, containing data from the birth statement (if record about the father in the birth statement of the child is made based on the statement of mother who is not married);

the death certificate of the second parent, its recognition is unknown absent, the announcement the dead;

data of organizations of education, and also other organizations and individual entrepreneurs realizing the educational program of preschool education on education of the student in family of one of parents and (or) the data of state bodies, other organizations about accommodation of the child in family of one of parents (including the act of inspection of the family raising children aged up to 18 years, constituted for certification of large family) - if the place of residence of children with one of parents is documentary not determined and the alimony for content of children is not established.

6. The decision on appointment (refusal in appointment) the family capital is made in form according to appendix 2.

The citizen who submitted the application for purpose of the family capital is notified on the made decision no later than seven working days from the date of its acceptance. For this purpose to the citizen the notice on the made decision goes, and the copy of the decision (the statement from the decision) is issued in case of the address of the citizen.

The copy of the decision (the statement from the decision) about appointment (refusal in appointment) the family capital is issued to other family members according to their requirement.

7. Changes if the citizen to whom the family capital is appointed did not open the account on accounting of bank deposit (deposit) "Family capital" of physical person (further - contribution (deposit) "Family capital") in connection with approach of the circumstances specified in part two of Item 12 of this provision and also in case of error correction in such decisions can be made to the decision on purpose of the family capital.

8. In case of the appeal of citizens to local executive and administrative organs behind recovery of the passed six-months term established in Item 5 of the Provision approved by the Decree No. 572, and Item 5 of the Provision approved by the Decree No. 345, the right to purpose of the family capital is considered on birth date, in case of adoption (adoption) - for date of adoption (adoption) of third or the subsequent children, in case of the birth (adoption, adoption) of which the family acquired the right to purpose of the family capital.

At the same time children are considered in family composition under condition if on the date of the expiration of this Item of six-months term specified in part one they constantly lived in the Republic of Belarus.

Chapter 3. Procedure for financing (transfer) for means of the family capital

9. The citizen to whom the family capital is appointed within six months from the date of decision making about purpose of the family capital addresses to division of open joint stock company "Belarusbank savings bank (further if other is not established, – JSC ASB Belarusbank), performing transactions on deposits (deposits) "Family capital", with the statement for opening of the account on accounting of contribution (deposit) "Family capital".

In case of the omission of this Item of six-months term specified in part one the local executive and administrative organ at the destination of the family capital has the right to recover it taking into account specific circumstances.

In case of recovery of the term established for the request for opening of the account on accounting of contribution (deposit) "Family capital", local executive and administrative organ new term for the appeal of the citizen to the division of JSC ASB Belarusbank performing transactions on deposits (deposits) "Family capital" which shall constitute no more than six months from the date of recovery of term is determined.

The application form about opening of the account on accounting of contribution (deposit) "Family capital" and the list of the divisions performing transactions on deposits (deposits) "Family capital" are determined by JSC ASB Belarusbank. The list of the specified divisions is posted on the official site of JSC ASB Belarusbank.

Together with the statement for opening of the account on accounting of contribution (deposit) "Family capital" by the citizen are represented:

identity document;

the copy of the decision (the statement from the decision) about purpose of the family capital made by local executive and administrative organ;

the statement from the decision of local executive and administrative organ on modification of the decision on purpose of the family capital in case of its introduction;

the statement from the decision of local executive and administrative organ on prolongation of the term established for the request for opening of the account on accounting of contribution (deposit) "Family capital" in case of its prolongation.

JSC ASB Belarusbank signs the agreement of contribution (deposit) "Family capital" and opens the account on accounting of contribution (deposit) "Family capital" in day of submission of the corresponding statement by the citizen with the documents specified in part five of this Item.

10. Money transfer from the republican budget for transfer in deposits (deposits) "Family capital" is made:

in US dollars if the family capital is appointed in US dollars according to the Decree No. 572;

in Belarusian rubles if the family capital is appointed in Belarusian rubles according to the Decree No. 345.

The means specified in part one of this Item are transfered from the account of the Ministry of Finance to account by JSC ASB Belarusbank on the corresponding expense code of budget classification.

JSC ASB Belarusbank sends to the Ministry of Labour and Social Protection the request for money transfer from the republican budget in JSC ASB Belarusbank for transfer in deposits (deposits) "Family capital" of the amounts of the family capital in form according to appendix 3. Such request goes monthly no later than the 5th following after month of opening of the account on accounting of contribution (deposit) "Family capital".

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