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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 28, 2002 No. 368

About approval of the Consular charter

(as amended on 07-07-2014)

Based on part (2) article 4 of the Law on diplomatic service N761-XV of December 27, 2001. (The official monitor of the Republic of Moldova, 2002, N 20, the Art. 80) DECIDES: the Government of the Republic of Moldova

Approve the Consular charter it (is applied).

 

Prime Minister of the Republic of Moldova

Vasile Tarlev

Approved by the Order of the Government of the Republic of Moldova of March 28, 2002 , No. 368

Consular charter

Chapter I. General provisions

1. The consular charter is drafted based on part (2) article 4 of the Law on diplomatic service N 761-XV of December 27, 2001 and the regulation of consular activities of diplomatic missions and consular establishments of the Republic of Moldova aims.

2. The consular establishment of the Republic of Moldova (further - consular establishment) is the representation of the Republic of Moldova performing consular functions on behalf of the state within the respective consular district in the territory of the state of stay. The consular establishment is part of system of organizations of diplomatic service.

3. The diplomatic agent as a part of diplomatic mission of the Republic of Moldova given with consular functions performs the same functions which are established to consular officials by this charter.

4. The purpose of consular establishments is protection of the rights and interests of the Republic of Moldova, her citizens (physical persons and legal entity) according to the national legal system of the Republic of Moldova and the international practice within regulations and the principles of international law.

5. Consular activities are performed by diplomatic missions and consular establishments of the Republic of Moldova on the basis of the national legal system and international treaties which party the Republic of Moldova is, with respect for the principle of reciprocity of international law.

Chapter II. General organization of activities of consular establishments

6. The Republic of Moldova can open and abolish consular establishment or change its class only from prior consent of the state of stay.

7. Opening and abolition of consular establishment or change of its class are initiated by the Ministry of Foreign Affairs and affirm the order of the Government.

8. To consular establishments the following classes are awarded:

a) The I class - consulate general;

b) The II class - consulate;

c) III class - vice-consulate;

d) The IV class - the consular agency.

9. In the absence of international agreements about establishment of the consular intercourses establishment of diplomatic relations assumes establishment and the consular intercourses.

Severance of diplomatic relations does not involve gap of the consular intercourses or the termination of activities of consular establishment in the state of stay.

10. The location of consular establishment and the consular district are determined by the Ministry of Foreign Affairs. The Ministry of Foreign Affairs and European Integration requests, through diplomatic channels, the consent of authorities of the state of stay in the relation of opening and the location of consular establishment, its rank and the consular district or their change.

11. Consular establishments are placed in the consular rooms which are property of the Republic of Moldova or leased by it.

12. The consular establishment has seal with the image of the State Emblem of the Republic of Moldova and the name of consular establishment in state language of the Republic of Moldova and the state of stay.

13. The consular establishment shall place on the building where it is, board with the image of the State Emblem and the name of organization in state language of the Republic of Moldova and the state of stay.

14. The consular establishment sets up National flag on the building, the residence of the head of organization and vehicles used in the office purposes according to practice and rules of the state of stay.

15. Consular establishments depending on the class appropriated to them are headed by the consul general, the consul, the vice consul, the consular agent, the acting as Chapter which bears responsibility for activities of the organization run by it.

16. The consul general is appointed to position and responds from position the order of the Government according to the proposal of the Minister of Foreign Affairs. Heads of other consular establishments are appointed to position and respond from position the order of the Minister of Foreign Affairs according to the offer of the head consular department.

17. For consular officials the following functions are established:

a) consul general;

b) consul;

c) vice consul;

d) consular agent.

18. The personnel of Consular department consist from:

the government employees with consular functions (further - consular officials) who are exclusively career diplomats, permanent employees of the Ministry of Foreign Affairs and European Integration;

the government employees who do not have consular functions;

administrative and technical and service personnel.

19. The Ministry of Foreign Affairs and European Integration requests, through diplomatic channels, prior consent of the state of stay about appointment of the head of organization if the international agreements which parties are the Republic of Moldova and the state of stay, do not provide other.

20. After receipt of consent of the state of stay the Minister of Foreign Affairs and European Integration signs the consular patent which the name and surname of the head of consular establishment, its category and rank, the consular district and the location of consular establishment, with putting down of the public seal make sure.

21. The Ministry of Foreign Affairs and European Integration transfers through diplomatic channels to the Ministry of Foreign Affairs of the state where the head of consular establishment, the consular patent for receipt of exequatur was appointed.

22. The head of consular establishment is allowed to accomplishment of functions by means of the permission which is referred to as with exequatur, issued by authorities of the state of stay.

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