Approved by the Order of Department of information technologies of the Republic of Moldova of January 21, 2004 No. 4

The instruction about order of registration of acts of civil status

Chapter I General instructions

 

Organization of civil registration

1. In the activities employees of bodies of civil registration are guided by the Constitution of the Republic of Moldova, the Civil code, the Family code, the Law on acts of civil status (further - the Law), other regulations containing the provisions concerning acts of civil status, monitoring at the same time strict observance of the principle of legality.

2. This instruction is applied by employees of bodies of civil registration in the course of execution of the obligations by them.

3. Departments of civil registration (further - department the REGISTRY OFFICE) are territorial authorities of the central industry body of public management - Department of information technologies (further - DIT).

4. Departments the REGISTRY OFFICE are authorized to perform all functions in the field of civil status. Departments the REGISTRY OFFICE are created, as a rule, in municipiums and the cities of the country. In some cases and for the reasonable reasons departments the REGISTRY OFFICE can be created also in rural zones. In settlements in which departments the REGISTRY OFFICE are not created implementation of certain obligations in the field of civil status in the limits set by part (4) article 16 of the Law, it is assigned on primar of the cities, communes, villages.

5. Departments the REGISTRY OFFICE are created and liquidated according to the offer of Head department of civil status (further - GUGS) based on the order of the CEO of DIT.

6. Departments exercise the REGISTRY OFFICE and give methodological help, control according to the law of activities of primeriya of the cities, communes and sat down in the subordinated territory in the field of civil registration. Control is exercised at least once in two years behind all transactions of civil registration, since the last check, and includes without fail distribution and use of forms of registration certificates of acts of civil status.

7. The results of checks and measure necessary for elimination of the made mistakes and shortcomings, are entered in the protocol which affirms the head of department the REGISTRY OFFICE, and its copy is transferred to GUGS.

8. In case of establishment of the facts of disappearance of some documents of civil status of the special mode the head of department the REGISTRY OFFICE notifies police and GUGS, participates in the corresponding checks.

9. All documents published as a result of consideration of different petitions and statements in connection with civil registration or with already registered civil registrations are signed by the manager of department the REGISTRY OFFICE or to the employee replacing it.

Proof of civil status

10. As the proof of civil status serve, as a rule, the registration certificates of acts of civil status granted in accordance with the established procedure and provided to the interested bodies by their owners or authorized persons.

11. As the proof of civil status other documents issued on the basis of the corresponding acts of civil status also can serve in certain conditions. Those are:

a) the copy of record of the act of civil status or the statement from negovydatsya according to the procedure, established by part (2) article 18 of the Law;

b) the statement from record of the act of civil status - is issued also in cases:

- need of the proof of previous marriage after its termination;

- need of the proof of registration of the birth of the died person;

- establishments of discrepancy of data of record of the act of civil status to the data containing in identity documents of the owner;

- need of the proof of registration of the birth of the child by the parents deprived of the parent rights;

c) the original of record of the act of civil status which can be in exceptional cases provided for survey in legal procedures, to criminal prosecution authorities and bodies of civil registration.

Chapter II Creation of civil registrations

Part 1 Procedure for creation of civil registrations

12. Civil registrations are constituted manually or by means of use of technical means.

13. In case of creation of civil registrations manually handwriting shall be legible, at the same time black ink is used. In case of creation of civil registrations with use of technical means for their printing high-quality paints or powder of black color are used.

14. Civil registrations are numbered by each type separately at the time of their registration, consistently and continuously, since January 1 under N 1 and finishing on December 31 at number of the last registered act.

15. In case of creation of record of the act of civil status year and day is filled with the Arab figures, and month - letters.

16. On the first and second copies of record of the act of civil status the same registration number is specified.

17. In case of recovery or re-registration of record of the act of civil status in addition to number assigned according to general procedure on it registers respectively the letter "R" (is recovered) or "T" (is re-registered).

18. The column "Birthplace" in contents of the birth statement is filled in according to the existing name and according to administrative-territorial division of the Republic of Moldova on the date of creation of record of the act.

19. Data on nationality of parents register in the birth statement of the child based on identification documents (the identity certificate, the passport), certificates of birth of parents, record of the act of registration of the scrap identified in department the REGISTRY OFFICE or according to parents (applicant) about what it is specified in the column "Special Marks" of the birth statement.

20. Information on nationality of person is filled in in the corresponding column according to the submitted identification document. The persons who did not refuse nationality of the Republic of Moldova and submitting at the same time the documents proving availability of other nationality are considered as citizens of the Republic of Moldova.

21. In case of creation of record of the act of civil status the employee shall check carefully truthfulness of contents of the statement and its compliance to registration certificates of acts of civil status and to other documents submitted by the applicant.

22. It is necessary that both copies of record of the act of civil status were strictly identical concerning their content and correctness of creation that is imputed obligation of the employee constituting record. Eliminations, strippings, reducings and additions in content of civil registrations are not allowed.

23. The civil registrations constituted based on the statement are signed by the applicant and the employee in case of creation of their record and sealed.

24. Surnames and names of citizens of the Republic of Moldova register according to spelling of state language of the Republic of Moldova. In case of creation of civil registrations use of names in diminutive forms is forbidden. Surnames and names of foreign origin register in the following procedure:

- from the languages using the Latin alphabet - according to spelling of the corresponding languages;

- from the languages using other alphabets the transcription by means of Latin graphics is performed.

25. Surnames and names of foreign citizens of the countries using the Latin alphabet register according to spelling of the corresponding languages.

26. Surnames and names of the foreign citizens using other writing in addition to Latin graphics, register according to the submitted identification documents according to their official transcription performed by competent authorities of the relevant state in one of languages of the international communication using the Latin alphabet (English, French, Spanish).

27. When writing surnames and names the following rules are considered:

- use of the letter "to" in own names of foreign citizens and, as exception, in some names of persons who are citizens of the Republic of Moldova owing to graphical tradition is allowed;

- the letters "q", w" and "y" are used in names of the international nature;

- in case of record of foreign surnames and names letters with the diacritical signs which are not existing in the alphabet of state language can be used;

- use of double letters is allowed only in case of record of foreign surnames and names;

- surnames of citizens of the Republic of Moldova have the single form for masculine and feminine gender; use of feminine gender for person of other nationality, except Moldavian is allowed;

- difficult surnames and names are written through hyphen.

28. In case of transcription of surnames and names of citizens of the Republic of Moldova from Russian on state the following rules are applied:

- "е" "io" is designated;

- "й" "i" is designated;

- "ий" "i" are designated;

- "to" either "c", or "ch", on circumstances is designated;

- "h" "c" before "e" and "i" or "ci" before "o", "u", concordants and at the end of the word is designated;

- "щ" it is designated" [c" before "e" and "i" and "[ci" before "o" and "u";

- "ь" before "e" "i" and as "soft sign" is designated not designated;

- "ья" "ia" is designated;

- "э" "e" is designated;

- "ю" "iu" is designated;

- "I" am designated by "ia" at the beginning of the word and after vowel, and "ea" after concordants in the middle and at the end of the word;

- "J" is designated by "g".

These and other rules are in more detail provided in the brochure of Dic\ionarul de prenume [i nume de familie purtate de moldoveni (the author to M. Kosnichan) which is used in case of creation of documents on civil registration.

Part 2 Creation of the birth statement the Documents submitted in case of registration of the birth

29. The bases for creation of the birth statement are stipulated in Article 20 Laws. As the proof of these bases serves submission of the following documents:

a) the medical certificate stating the birth;

b) the medical certificate about the birth issued by private medical institution, or the private doctor who delivered;

c) the protocol (in case of registration of the birth of the found child);

d) judgment on factual determination of the birth of the child by the specific woman.

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