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

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

This resolution partially shifts (the first paragraph of Item (a) of Article 2, parts (1), (2) and (3), (5) - (11) Articles 3, Article 4, part (1) Article 5 and the article 9-11) Regulations (EU) 2019/1157 of the European Parliament and Council of June 20, 2019 about strengthening of safety of ID cards of citizens of the Union and residence permits issued to the citizens of the Union and members of their families exercising the right to free movement (CELEX: 32019R115), published in the Official magazine of the European Union by L 188 of July 12, 2019.

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 bonds

Paweê Phillip

Minister of Internal Affairs

Doreen Rechan

Appendix №1

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

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 regulation which regulates legal relations between physical persons, legal entities and public institutions during the rendering the state services in issue of identification documents, registration at the place of residence and/or in the place of temporary stay, issue of permission to emigration of residents of the Republic of Moldova and on 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 and legal status of the owner;

the identity document for internal use - the identity document valid according to legislation provisions which confirms the personality and the legal status of the owner issued to residents of the Republic of Moldova. All types of ID cards, and also identity certificates and residence permits which are in circulation which samples are provided in appendices No. 1, 3-9 and 16-24 to the Order of the Government No. 522/2019 about samples of identification documents of national passport system belong to this category of documents;

competent authority - body or the public institution responsible for provision of the state services in questions of nationality, issue of identification documents, registration at the place of residence and/or in the place of temporary stay, issue of permission to emigration and repatriation, depending on legal status of applicants and the place of their stay - the division responsible for accounting of persons and issue of identification documents as a part of Public institution "Agency of the state services" (further - divisions of the Agency of the state services); diplomatic representations and consular establishments of the Republic of Moldova (further - DPKU); The General inspectorate on migration of the Ministry of Internal Affairs;

body issuer - the body or public institution responsible for issue of identification documents, according to legislation provisions;

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 issue of permission to 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, the legislations, valid according to provisions, which contain authentic records on identification of person confirm its civil status, and also changes and corrections of identification data. Belong to this category of documents: registration certificates of the act 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 statement from record of the act of civil status, the conclusion about cancellation and/or change of the act of civil status, the decision of degree of jurisdiction, 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;

legal status - nationality or legal capacity of person depending on the status recognized behind it or form of the protection provided according to regulations about regime of foreigners, migration and provision of shelter.

3. Residents of the Republic of Moldova are her citizens, constantly or temporarily living in the territory of the country, 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 to the address of their residence or place of temporary stay the Automated information system "State Register of Administrative and Territorial Units and Addresses." is used

5. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 09.11.2022 No. 767

6. The procedure for provision of the state services to persons according to this Provision is established by higher body of competent authority.

7. The state 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 ID card 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 body issuer 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 state 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 administrative act.

10. Processing of personal data in the course of provision of the state services in issue of identity documents, and to 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, the established 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 identification documents in Romanian based on documents of civil status.

If in the native language of person requesting about receipt of the ID card or temporary ID card not Latin, but other alphabet is used, then by transfer of surname and name in Romanian their writing is made according to rules of transliteration of foreign names in Romanian.

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 recover nationality of the Republic of Moldova or are recognized citizens of the Republic of Moldova according to the Law No. 1024/2000 on nationality of the Republic of Moldova, their surname and names are brought according to the national act of the birth registered by body of civil registration of the Republic of Moldova (further - body of civil status).

Surnames and names in the identification documents issued to foreigners are not translated and not transliterated, and brought according to their spelling Latin letters in the national passport or the travel document issued by foreign competent authorities.

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.

If in case of certification of the personality or the passport of the citizen of the Republic of Moldova the surname and/or name of person were brought according to rules of national onomastics and corresponding changes were not made to acts of civil status, then in case of the subsequent issue of the identity document, along with filing of application about provision of this service person shall request about change of the personal data in the corresponding act of civil status. The statement is transferred to body of civil status for consideration according to powers on own initiative. Otherwise identity documents, based on the personal data entered in acts of civil status are issued to person.

13-1. In case of filing of application about issue of identity documents, submission of documents of civil status is not obligatory in the following cases:

a) the applicant was registered in the State register of the population before date of filing of application and information concerning its personal data, civil status, and also about the registered acts of civil status and documents of civil status issued on his name was staticized in the State register of the population owing to primary registration, and also rendering the state services in issue of identity documents, in the field of civil status and nationality;

b) in civil status and in personal data of the applicant there were no changes from the moment of issue of the last identification document of the citizen of the Republic of Moldova.

In addition to the statement the applicant, his legal representative or person which is acting for the benefit of the applicant according to legislation provisions submits in writing the declaration under the personal liability, confirmatory that personal data of the applicant in the State register of the population are urgent and are true.

14. The documents used within the procedures provided by this Provision are represented in Romanian, 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 child, including the child, without parental support, or the child, temporarily without parental support, placed in service of guardianship/guardianship, 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 ID card, the temporary ID card, the identity certificate 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 ID card, 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;

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