LAW
OF THE REPUBLIC OF MOLDOVA
on
exit and entry into the Republic of Moldova No. 269-XIII of 09.11.94
This
Law was signed by the President of the Republic of Moldova on 9 November 1994. modified
by Law No. 263-XIV of 24.12.98; modified by Law No. 806-XIV of 11.02.2000; modified
by Law No. 20-XV of 29.03.2001; modified by Law No. 417-XV of 26.07.2001;
modified by Law No. 712-XV of 06.12.2001;
*
* *
The
Parliament adopts this law.
This
law guarantees the right to exit and entry into the Republic of Moldova to citizens
of the Republic of Moldova, aliens and stateless persons, sets temporary restrictions
with regard to this right, regulates the procedure of issuance of documents and
settles disputes regarding the issuance of these documents.
Chapter
I
GENERAL
PROVISIONS
Article
1. The right to exit and entry into the Republic of Moldova
(1)
Citizens of the Republic of Moldova and stateless persons residing in its
territory have a right to exit and enter the Republic of Moldova on the basis
of a passport issued by the competent organs.
(2)
Aliens may exit and enter the Republic of Moldova on the basis of national identity
papers in force and documents by which the right to exit and entry is accorded
in the Republic of Moldova.
(3)
The mode of entry into another state is regulated by this legislation.
Chapter
II
REQUIREMENTS
OF EXIT AND ENTRY INTO THE REPUBLIC OF MOLDOVA
Article
2. Grounds for issuing the passport
Grounds
for issuing a passport to citizens of the Republic of Moldova and stateless persons
residing in the Republic of Moldova are their or their legal representatives' application
submitted in accordance with the established procedure.
Article
3. Submission of the application
(1)
The written application, in accordance with the established pattern, regarding issuance
of a passport is submitted in person to the domiciliary competent organs.
(2)
Children under the age of 18 and persons recognised incapable by court may enjoy
the right to exit and enter the Republic of Moldova on the basis of an application
of their legal representatives.
[Par.
2 art. 3 modified by Law No. 806-XIV of 11.02.2000]
(3)
Children at the age of 12-18 who leave to reside abroad with one of their
parents present their notarially legalized consent.
(4)
Provisions of paragraphs (2) and (3) do not apply to the persons who have concluded
legal marriage until the age of 18.
[Par.
4 art. 3 introduced by Law No. 806-XVI of 11.02.2000]
(5)
In case if either parent of children until the age of 18 does not accept
his/her exit from the Republic of Moldova, the refusal is contested in court.
[Par.
5 of art. 3 introduced by Law No. 806-XIV of 11.02.2000]
Article
4 Examination of the application
(1)
An application of exit and entry into the Republic of Moldova is examined
within the term of up to one month, but in case if the journey is related to an
urgent treatment of the applicant, a seriously ill close relative abroad or the
relative's death - within the term of 3 days.
(2)
The application of exit from the Republic of Moldova for domicile in another
state
is
examined within the term of 3 months.
(3)
The results of the examination of the application are brought to the
applicant's notice in writing. In case of rejection of the application a
repeated application is examined after the removal of the causes that generated
the refusal.
Chapter
III
REQUIREMENTS
OF ENTRY INTO THE REPUBLIC OF MOLDOVA
Article
5. Grounds for issuing an invitation
Citizens
of the Republic of Moldova, aliens and stateless persons residing in its territory
from the age of 18 have the right to invite private persons from abroad to the Republic
of Moldova. The ground for issuance of the invitation constitutes his/her or their
legal representatives' application submitted in accordance with the established
procedure.
Article
6. Submission of the application
(1)
A written application, in accordance with the established pattern, regarding the
submission of the invitation is submitted in person to the domiciliary
competent organs.
(2)
The competent organs issue an invitation in accordance with the established pattern
informing the applicant in writing. The invitation is valid in the course of one
year from the date of issuance.
(3)
This procedure of issuing the invitation does not refer to aliens who enter the
Republic
of Moldova on official business, with state affairs, including as a member of
an official delegation (diplomatic missions).
Article
7. Registration and issuance of documents to aliens and stateless persons
(1)
Aliens and stateless persons who have entered the Republic of Moldova for a term
up to 90 days are obliged to get registered with the territorial organs of registration
of the Department of Information Technologies, whereas the ones who have
entered for a term of over 90 days may settle temporary or permanently only after
the receipt of the immigrant identity document or confirmation of repatriation
issued by the State Migration Service on the grounds of which the Department of
Information Technologies grants them a residence permit.
(2) The residence permit is issued in
accordance with the established procedure of the legislation in force.
(3)
Staff members of diplomatic missions accredited to the Republic of Moldova, as well
as members of their families who live together with them and hold certificates of
accreditation issued by the Ministry of External Affairs have the right to
enter and exit without visas during the whole period of the mission.
[Par.
3 art. 7 introduced by Law No. 806-XIV of 11.02.2000]
Chapter
IV
REFUSAL
TO ISSUE PASSPORTS, INVITATIONS AND
RESIDENCE PERMITS
Article
8. Refusal to issue a passport
Issuance
of a passport or extension of its validity term is refused if the applicant:
a)
presents danger to the national security;
b)
committed a crime against humanity;
c)
serves a sentence on the ground of a sentence of a court of law or is called to
criminal liability;
d)
has violated the rules of import-export and of transit of substances and
objects on which restrictions are imposed;
e)
serves in foreign military or mercenary units;
f)
has deliberately conveyed false information about himself/herself;
g)
has patrimonial obligations to the state, natural and juridical persons in accordance
with a decision of a court of law.
[Art.
8 modified by Law No. 20-XV of 29.03.2001]
[Let.
g (f) modified by Law No. 806-XIV of 11.02.2000]
[Art.
8 modified by Law No. 263-XIV of 24.12.98]
Article
9. Refusal to issue an invitation and residence permit
An
alien or a stateless person may be refused issuance of an invitation or
residence permit in case if:
a)
presents danger to the national safety, public order, health and moral;
b)
has committed offences against peace, serious offences of different nature, including
the military ones, or crimes against humanity if these actions have been defined
in international acts;
c)
during the previous stay in the Republic of Moldova violated the legislation in
force;
d)
has deliberately conveyed false information about himself/herself.
Article
10. Contesting of illegal actions of the officials.
A
groundless refusal to receive applications of issuance of passports,
invitations and residence permit may be contested by addressing a superior
official or in court in accordance with the established procedure.
Chapter
V
LEGAL
STATUS OF THE PERSONS WHO EXIT AND ENTER
THE
REPUBLIC OF MOLDOVA
Article
11. Rights and obligations of the persons who exit and enter the Republic of
Moldova
(1)
Persons who exit and enter the Republic of Moldova for residence or temporary stay
have the rights and obligations established by the legislation in force.
(2)
Any arbitrary limitation of civil rights, rights to labour and housing is
prohibited.
(3)
Aliens are in the Republic of Moldova on the basis of national identity papers
in force, residence permits issued by the competent organs and are obliged to
leave the republic upon the expiry of the established term of residence.
(4)
Citizens of the Republic of Moldova and stateless persons residing in the
Republic
of Moldova who wish to reside in other countries receive the passport after
they have fulfilled all the patrimonial duties to other natural and juridical persons
in accordance with the legislation in force.
(5)
The persons responsible for life, health and insurance of the rights and
interests of the persons under the age of 18 who have exited the country are
their legal representatives. In the absence of legal representatives within an organized
group the leaders of the group are responsible.
[Par.
5 art 11 introduced by Law No. 806-XIV of 11.02.2000]
Chapter
VI
FINAL
PROVISIONS
Article
12. International treaties
In
case if the international treaty to which the Republic of Moldova is a party
sets other norms than those provided for in this law, the norms of the
international treaty are applied.
SPEAKER
OF THE PARLIAMENT Petru Lucinschi
Chisinau,
9 November 1994. No. 269-XIII.
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