RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of April 12, 2004 No. 6671

About approval of the Regulations on order of registration of acts of civil status in Turkmenistan

According to article 179 of the Code about scrap and family of Turkmenistan I decide:

Approve Regulations on order of registration of acts of civil status in Turkmenistan it (is applied).

Determine that forms of statements, the notices, references and other documents provided by the specified Provision affirm the Ministry адалат Turkmenistan.

Approved by the resolution of the President of Turkmenistan of April 12, 2004 No. 6611

Regulations on order of registration of acts of civil status in Turkmenistan

I. General provisions

1. Civil registration in Turkmenistan is made by departments of civil registration of hyakimlik of etraps, cities, etraps in the city (further - department of registry office), and in the cities in etraps, settlements and gengeshliks - Gengesha.

2. Departments of registry office according to article 178 of the Code about scrap and family of Turkmenistan make registration of the birth, death, marriage, annulment of marriage, adoption, paternity proof, change of name, middle name, surname, change, amendment, correction and cancellation of civil registrations, recovery of the lost records, and also perform storage of assembly books and issue of repeated certificates.

Gengesha of the cities in etraps, settlements and gengeshliks make registration of the birth, marriage, death.

3. Civil registration in Turkmenistan both concerning citizens of Turkmenistan, and concerning foreign citizens and stateless persons is regulated by the legislation of Turkmenistan.

4. Civil registration of the citizens of Turkmenistan living outside Turkmenistan is made by consular establishments of Turkmenistan.

5. In cases when civil registration concerning citizens of Turkmenistan, foreign citizens and stateless persons is made by competent authorities of foreign states, the documents issued by these bodies as a witness of the acts of civil status made under the laws of the relevant states are recognized valid Turkmenistan in the presence of the documents confirmed with consular establishments if other is not established by the international treaty or the agreement. In these cases the re-registration in department of registry office and consular establishments of Turkmenistan is not made.

6. In case of civil registration the documents proving the identity of applicants shall be submitted.

In case of registration of the birth and paternity proof the documents proving the identity of parents are the passport or the document replacing it, the identity certificate of officers, the military ID of the military personnel undergoing military service and cadets, the service foreign passport, the diplomatic passport of the citizen of Turkmenistan which is temporarily living abroad.

In case of filing of application about registration of scrap or about annulment of marriage the documents proving the applicant's identity are the passport, the identity certificate of officers, voyennoslushchazhy, passing military service according to obligations, the military ID of the military personnel undergoing military service and cadets.

According to the passport of the seaman registration of marriage or annulment of marriage is not made. The faces which are decreasing in foreign shipping and having the passport of the seaman shall show the passport of the citizen of Turkmenistan in department of registry office.

7. In case of calculation of term on registration of marriage or annulment of marriage by mutual consent of spouses the current of term begins from the date of giving in department of registry office of the declaration of accession to scrap or about annulment of marriage.

8. In case of change of surname, name, citizen's middle name in case of civil registration on the first page of the passport, in the identity certificate or the military ID of the serviceman the department of registry office makes record that the passport, the identity certificate or the military ID are subject to exchange during monthly term. This record makes sure the signature of the official or the corresponding stamp.

9. In case of change of surname, name, middle name or change of the place or birth date of the person liable for call-up or recruit in connection with civil registration the department of registry office reports about it in military commissariat where the person liable for call-up or the recruit stays on the military registry.

10. According to article 181 of the Code about scrap and family of Turkmenistan each record made in the book of civil registration shall be read to applicants, is signed by them and the official making record and certified by seal and the signature.

About making of civil registration to applicants the appropriate certificate is granted.

11. Departments of registry office will organize conducting civil registrations electronically. The civil registrations made in paper and electronic forms have equal legal force. In case of discrepancy of these records content of record of paper form is considered true.

12. For civil registration the state fee in the sizes established by the legislation of Turkmenistan is collected.

II. Registration of the birth

13. According to article 184 of the Code about scrap and family of Turkmenistan registration of the birth is made in department of registry office of the birthplace of the child or of the residence of parents or one of them.

14. If the birth of the child is registered not in the place of the actual birth, and at the place of residence of parents or one of them, in column 6 of the birth statement "Birthplace" is specified the place of the actual birth of the child.

15. According to article 186 of the Code about scrap and family of Turkmenistan the statement for registration of the birth shall be made no later than month since the birth of the child. The omission of fixed term cannot form the basis for refusal in registration of the birth.

If the application for registration of the birth is submitted with the omission of fixed term, but before achievement of one year by the child, the birth is registered regularly in the book of registration of acts of the birth.

If the statement for registration of the birth arrived after one year since the birth of the child, but before achievement of 16 years by it, registration of the birth is made by department of registry office of the permanent address of the child in the book of the recovered acts of the birth in accordance with general practice as primary, but with addition after sequence number of the words "registration with the omission of term". At the same time the applicant shall provide the certificate of the birth of the child and the reference from medical institution where he was observed.

Registration of the birth of persons is more senior than 16 years is made by department of registry office based on the solution of kazyet which took legal effect.

16. The statement for registration of the birth is made in oral or written form by parents or one of them, and in case of disease, the death of parents or impossibility for them for other reasons to make the statement - according to the statement of relatives, neighbors, administration of medical institution in which there was mother in case of the birth of the child, and other persons.

17. For registration of the birth the certificate of medical institution of the birth, identity documents of parents, the marriage certficate of parents shall be provided.

18. In case of the child's birth out of medical institution the birth can be registered based on the medical certificate at the place of residence of parents or according to the testimony. In this case the fact of the birth is confirmed by signatures of one or two witnesses in column 10 of the birth statement ("The documents confirming the fact of the birth of the child") with indication of surname, name, middle name and the residence of witnesses. These data register based on identity documents of witnesses. In case of impossibility of appearance of the witness (witnesses) authenticity of the signature under the written confirmation of the fact of the birth of the child shall be attested according to the procedure, established by the legislation.

If the child was born in the time spent of mother on sea, river or the aircraft, and also in the train, then the captain, the commander of the vessel, the chief of the passenger train with participation of two witnesses or doctor or paramedic if the doctor or the paramedic is available on the vessel, in the train, can draw up the statement of the child's birth. This act is submitted in body of registry office instead of the medical certificate about the birth.

19. If the identity document of one of parents, cannot be provided on reasonable excuses (its location, long business trip, etc. is unknown), the department of registry office has no right to refuse registration of the birth. The information about the parent if the document proving his identity is not submitted registers based on the certificate on marriage of parents or in the presence in this department of registry office of record of the act of marriage of parents - based on this assembly record.

20. The father and the child's mother who are married among themselves register the child's parents in the blotter about the birth according to the statement of one of them. The basis for such record is the certificate on marriage or the documents proving the identity of parents.

In the same procedure the information about parents if marriage between them is dissolved or nullified kazyety registers, or one of spouses died, but from the moment of annulment of marriage, recognitions its invalid or the death of the spouse there underwent no more than 10 months. By the applicant the certificate on annulment of marriage, the statement or the copy of the solution of kazyet on scrap recognition which took legal effect invalid or the death certificate of the spouse shall be provided respectively.

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