Law nr. 242 from 24.09.2010
Chapter I - GENERAL PROVISIONS
Article 1. Purpose and scopeThis law provides the legal framework for charging and collecting fees for consular services provided by the Ministry of Foreign Affairs and European Integration, the diplomatic missions, including the permanent representatives under the international organizations and consulates in Moldova.
Article 2. General concepts
In this law, terms and expressions have the following meaning:
consular fee - payment from the state budget by natural or legal persons resident or non consular services provided by the Ministry of Foreign Affairs and European Integration, the diplomatic missions, including the permanent representatives under the international organizations and consular offices of Republic Moldova (hereinafter - institutions diplomatic service);
consular officer - someone in the diplomatic service institutions, empowered to provide consular services;
consular legalization - Action to confirm the person's signature and seal on an official document issued by an institution of another state to have legal effect in the Republic of Moldova; action to confirm the person's signature and seal on an official issued by an institution in Moldova and to have legal effect in another State;
visa - authorization granted to citizens of another state or stateless person, entitling him to enter the Republic of Moldova or transit, and the right to stay in the country for a specified period;
mortuary passport - a document issued by institutions diplomatic service, which allows transportation of a dead human body from another in Moldova, including transit through third countries;
expenses - expenses incurred by institutions diplomatic service from the performance of consular services;
originally from Moldova - a person who was born in Moldova and can present proof of a document stating this.
travel document - emergency travel document issued for a single trip to Moldova, Moldovan citizens, stateless persons with permanent or temporary right of residence in the Republic of Moldova and foreign nationals as temporary or permanent residence in Moldova, for reasons objectives, can not obtain such a document at embassies or consulates State whose citizens are, where these categories are abroad and are not in possession of a valid travel document to return to Moldova.
[Article 2 of the 15/03/12 concept introduced by LP40, MO92/15.05.12 art.294]
Article 3. Taxpayers
(1) Subjects of taxation are natural and legal persons in Moldova, the foreign residents and nonresidents, and stateless persons.
(2) For stateless persons are provided the same taxes as citizens of their state of residence.
Article 4. Object of taxation
The consular fee is charged for:
a) perfecting the set of documents to obtain the passport of citizen of the Republic of Moldova;
b) consular legalization;
c) request a document or information;
d) examination of applications for citizenship of the Republic of Moldova;
e) issuing certificates of citizenship of the Republic
f) visas;
[Article 4 letter g) repealed by the LP276 27/12/11, MO21-24/27.01.12 58]
h) review of applications for establishing permanent residence abroad of Moldovan citizens and concluding that the set of documents;
i) the registration of marriage;
j) the certificate of marriage;
k) the registration of divorce;
l) transcription civil status;
m) examining the application the name and / or surname, and / or patronymic, by issuing the Certificate;
n) to perform notarial acts;
a) preparation and issue of documents to the consular character under Moldovan law and / or under the laws of other states.
Article 5. The amount of consular fees
Consular fees amount is determined by annexes. 1 and no. 2, which are part of this law.
Chapter II - SPECIAL PROVISIONS
Article 6. Collection of consular fees(1) The consular fee is charged in advance, up to perform consular action.
(2) consular services are not subject to any fees or other fees set by central or local government.
(3) If the consular services provided by the Ministry of Foreign Affairs and European Integration, the consular fee is charged in USD. Payment is made to bank accounts of the state treasury.
(4) If the consular services provided by diplomatic missions, including the permanent representatives under the international organizations and consular offices of Republic of Moldova, the consular fee is charged in euro or the currency of the country of residence. Fee charged in the currency of the country of residence (if the euro is the currency of the country of residence) at the beginning of each quarter is calculated as the average rate of the previous quarter, the existing state of residence to the euro, the country's central bank set the residence.
(5) Proof of payment of dues is furnished by the bank receipt or bill issued by the diplomatic service institutions, and otherwise determined in accordance with the law.
Article 7. The costs
(1) In addition to consular taxes, individuals and businesses who benefit from consular services cover expenses incurred by diplomatic missions, including the permanent representatives under the international organizations and consular offices of Republic of Moldova following the provision of consular services.
(2) payments to cover expenses not allocated to the dues and not include them.
(3) The amount paid for expenses approved by the Ministry of Foreign Affairs and European Integration, the diplomatic proposal, including permanent representations in addition to international organizations and consular offices.
(4) The collection, settlement, registration and use of amounts of money is determined by a regulation issued by the Ministry of Foreign Affairs and European Integration together with the Ministry of Finance.
(5) If the services consular consular exempt under art. 8, the tax expenditure may be charged.
Article 8. Consular services exempt
(1) The consular fee is not charged:
a) to consular services, where it acts on behalf of the Republic of Moldova, for the acquisition, conservation, or protection of state property rights;
b) the issuance of diplomatic passports and service passports;
c) the granting of visas for officials of international organizations for business trips and their family members accompanying them;
d) the grant, in terms of reciprocity, visas for members of foreign diplomatic and consular missions and their family members;
e) the granting of visas to members of foreign government or parliamentary delegations and other official invited people and their family members accompanying them;
f) the issuance of visa to honorary consuls of the Republic of Moldova and their family members (husband / wife and children under 18 years);
g) the issuance of visa for people who have not attained the age of 18 years;
h) the issue of visas for holders of diplomatic and service passports;
i) the issuance of emergency travel for people who have not attained the age of 18 years;
j) the concluding steps, foreign diplomatic missions or consular, visa application for holders of diplomatic and service passports and holders of passports of citizens of the Republic, members of official delegations of the Republic of Moldova;
k) the registration, transcription consular legalization and birth documents prepared on behalf of Moldovan citizens born in the State;
l) to authenticate the request of the joint father or the child's parents on paternity and submit this request to the civil state body that keeps the birth to which it refers;
m) the registration, transcription consular legalization and acts of death, made out to the Moldovan citizens who died in the State of residence, and the mortuary passport issuance;
n) the provision of consular services in cases involving the shipment of humanitarian aid to Moldova;
a) the inclusion in consular records of Moldovan citizens;
p) the provision of consular services to persons identified as victims of human trafficking in accordance with the law;
q) the issuance of travel documents and other requested authority of the State or receiving;
r) the application by the Ministry of Foreign Affairs and European Integration, the Apostille on the regulations of public authorities, issued by them for themselves;
s) to correct mistakes made by the fault of the person responsible for the preparation of various documents;
t) to authenticate wills and contracts for transmission of wealth for the state or charitable purposes;
u) the legalization of child (duplicates) of the documents relating to decorate with medals for mothers with three or more children;
v) the provision of consular services institutions diplomatic service employees;
w) the issuance of visas to persons from Moldova;
x) the issuance on behalf of the child / student / student, a citizen of Moldova, for presentation in educational institutions.
(2) In exceptional cases, upon written request of Moldovan citizens unable to pay, heads of institutions diplomatic service, head of consular affairs and consular officers are entitled to exempt people from paying these fees at issue Title travel.
Article 9. Repayment of dues
(1) The consular fee consular services returned to the applicant upon request, the following cases:
a) when the consular service was not or could not be provided;
b) when payment was made without just cause or a misinterpretation of the law.
(2) If a payment was made unnecessarily increased, be returned only difference between the amount received and the actual fee to be paid.
(3) Fees charged for review of applications will not be returned.
(4) An application for refund of dues may be submitted to the institution of diplomatic service in a maximum period of one year from the date of payment. Decision on reimbursement of dues or Deny will be presented to the applicant in writing, within 30 days from the date of filing.
(5) arrangements for the return of consular fees collected, how the settlement and record amounts of money to be returned approved by the Government.
Article 10. Liability
The consular officer, other person in charge is responsible for disciplinary, civil, administrative or criminal, in accordance with the law for correctness of calculation and collection for on-time and full consular fees and the amounts of money to cover expenses for accounting and settlement of their correctness.
Chapter III - FINAL AND TRANSITIONAL
Article 11. Special provisionsIf international treaties stipulating other consular fees than this Act, the provisions of international treaty.
Article 12. Entry into force
(1) This Law shall enter into force on December 24, 2010.
(2) Government within six months from the date of publication of this law will bring its legislation in conformity with this law.
(3) Upon entry into force of this Law, Government Ordinance no. 1 of 26 September 2000 approving the amount of consular fees (Official Gazette of the Republic of Moldova, 2000, no. 121-123, art. 1076), as amended and supplemented.
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