The Law of the Republic of Moldova
"On Migration" governs and regulates processes of population
immigration and emigration on the territory of the republic.
The present Law is elaborated on the
basis of the Constitution of the Republic of Moldova, the Declaration on
Sovereignty of the Republic of Moldova, the Universal Declaration of Human
Rights, conventions of the International Labour Organisation and other
republican and international legislative documents.
I. GENERAL PROVISIONS
Article
1. Law Subjects and
Migration Forms
1. Subjects of the Law of
the Republic of Moldova "On Migration" are : an individual or a
family on the one hand and the Ministry of Labour, Social Protection and Family
and Ministry of Interior of the Republic of Moldova on the other.
[section 1. art.1. modified by Law
nr.474-XIV dated 25.06.99]
2. Migration is subdivided
into: family migration, labour migration, migration connected with education
and special migration. One of the types of labour migration is the pendulum
one.
Article
2. The competence of the
public administration authorities
1. The Law of the Republic
of Moldova "On Migration" is implemented by the Government through
the Ministry of Labour, Social Protection and Family, the Ministry of Interior
and the local public administration authorities of the Republic of Moldova.
2. The immigrant statute is
determined by the Ministry of Labour, Social Protection and Family of the
Republic of Moldova.
3. The migration connected
with the residence in the Republic of Moldova is regulated by the Ministry of
Interior of the Republic of Moldova.
4. Ministry of Labour,
Social Protection and Family of the Republic of Moldova together with the other
interested ministries and departments, enterprises, institutions and
organisations, sends to the Ministry of Interior for the evidence, the
information about migrants.
[art.2 modified by Law nr474-XIV dated
25.06.99]
Article 3.Responsibilities of
enterprises, educational institutions, organisations (including cooperative,
tenant and public), legislative bodies, institutions of civil status
registering and of local public administration authorities before the Ministry
of Interior and the Ministry of Labour, Social Protection and Family of the
Republic of Moldova
[title modified by Law nr.474-XIV dated
25.06.99]
The enterprises, educational
institutions, organisations (including cooperative, tenant and public),
legislative bodies institutions of civil status registering and of local public
administration authorities are obliged in order to avoid the violation of human
rights and to provide help to immigrants, to inform in ten days the Ministry of
Interior and the Ministry of Labour, Social Protection and Family about the
following:
[section modified by Law nr.474-XIV
dated 25.06.99]
·
enterprises, institutions and organisations (including cooperative, tenant and
public ones) -about the interruption ahead of time of a labour contract with
the immigrant;
·
educational institutions -about the graduation or suspension of studies, about
the transfer to another educational institution or about the expulsion of
pupils and students;
·
legislative bodies -about the delinquencies committed by the immigrant and
about the court decision regarding his family status changes;
·
institutions of civil status registering -about the family status changes of
the immigrant;
·
institutions of local public administration authorities -about the departure of
the immigrant from the territory within their jurisdiction ahead of time.
[section modified by Law nr.474-XIV
dated 25.06.99]
II. QUOTA AND REGULATION OF IMMIGRATION
Article
4.
Immigration Quota
1. The Law of the Republic
of Moldova "On Migration" regulates the settlement of the immigrants
in the Republic of Moldova in accordance with immigration quota what represents
the maximum number of immigrants.
2. The immigration year
quota all over the country is 0,05% of the permanent population total number of
the Republic of Moldova. The distribution of the immigration quota within
districts, Gagauzian self-government territorial district, Transnistrian
localities and Chisinau municipality is provided by the Government in base of
the Ministry of Labour, Social Protection and Family’s proposal, according to
necessities.
3. Quota comprises all
immigrants who settle in the Republic of Moldova, except for the persons who
obtained a repatriate statute in the Republic of Moldova.
[art.4 modified by Law nr.684-XIV dated
19.11.99]
[section 1. modified by Law nr.474-XIV
dated 25.06.99]
Article
5. Regulation
of Family Immigration
1. Regulation of family
immigration provides for the family reunification and its integrity. Family of
an immigrant may include: husband (wife), children, father and mother who
depend on he or she.
2. In conditions of
immigration quota observance the preference is given to the minors who move in
order to reside with their parents and to the aged persons or parents who need
help in case they have no children or guardians outside the frontiers of the
Republic of Moldova.
3. The persons nominated in
section 1. except minor children and wife (husband) can immigrate in the
Republic of Moldova only in case that they settle for living at persons who are
citizens of the Republic of Moldova and who resided within the territory of the
Republic of Moldova at least for three years.
[section 3. introduced by Law
nr.1396-XIII dated 05.12.97]
Article
6. Regulation of Labour
Immigration
1. Labour immigration is
regulated on the basis of the Republic of Moldova state policy in the domain of
human resources use.
2. Pendulum migration of
population near the frontier zones of the republic is regulated in accordance
with the procedure established by the Government of the Republic of Moldova.
Article
7. Regulation of
Immigration for Obtaining Education
1. Immigration for
obtaining education is regulated in conformity with agreements concluded by the
Republic of Moldova with other states together with the contracts concluded
between high education institution and foreign natural or legal persons.
[section 1. modified by Law nr.606-XIII
dated 13.10.95]
2. Persons sent to studies
in the Republic of Moldova from other states have to show document of
assignment or invitation to studies of respective organisation or educational
institution.
Article
8. Regulation of Special
Immigration
1. Problems of repatriation
in the Republic of Moldova of native servicemen retired or transferred from
active military service to the reserve, and of former permanent inhabitants of
the Republic of Moldova discharged from the places of detention are the
problems of special immigration.
[section 1. modified by Law nr.474-XIV
dated 25.06.99]
2. Settling and staying in
the Republic of Moldova of military unit personnel of the USSR Armed Forces, of
embassies, consulates and missions staff, of refugees and persons who solicit
for granting political asylum is regulated by special legislation of the
Republic of Moldova.
Article
9. Suspension
of Immigration
By virtue of objective reasons the
Parliament of the Republic of Moldova may limit or suspend the immigration.
Suspension or limitation of immigration does not hinder settling in the
Republic of Moldova of persons enumerated in article 4, section3 (a) and (b).
Note of the author: Article 4 was modified and points (a)and (b) of the section
3 were excluded.
III. IMMIGRANT CERTIFICATE AND THE WORKING AUTHORISATION.
STATE DUTY FOR
IMMIGRANTS
[chapter III title modified by Law
nr.474-XIV dated 25.06.99]
Article
10. The
immigrant certificate and the working authorisation
1. The immigrant
certificate and the working authorisation is issued and annulled by the
Ministry of Labour, Social Protection and Family of the Republic of Moldova
according to the provisions established by the Government of the Republic of
Moldova.
2. Working authorisation is subdivided into:
a. fixed-date working
authorisation;
b. permanent working authorisation;
3. Fixed-date working
authorisation is issued to immigrants who have a written contract for work or
for another activity in the Republic of Moldova for a period of maximum 3
(three) years.
4. Permanent working
authorisation is issued to immigrants who possess specialities extremely
necessary to the republic as well as specialists of high qualification, at the
same time the preference is given to persons who previously used to be citizens
of the Republic of Moldova and of their descendants.
5. Immigrant, whose working
authorisation has expired can request for a new working authorisation.
[art.10 modified by Law nr.474-XIV
dated 25.06.99]
[art.10 modified by Law nr.263-XIV
dated 24.12.98]
[art.10 modified by Law nr.278-XIII
dated 10.11.94]
[art.11 excluded by Law nr.474-XIV
dated 25.06.99]
Article
12. State Duty for
Immigrants
Rate of the state duty for immigrants
is established by legislation of the Republic of Moldova.
[art.13 excluded by Law nr.474-XIV
dated 25.06.99]
Article
14. Immigrants Assistance
Fund
With the purpose of rendering
assistance to immigrants and to emigrants in case of need, under the Ministry
of Labour, Social Protection and Family of the Republic of Moldova a budget
fund is created, property and means of which are formed by the assignments from
state and local budgets and by means of enterprises, educational institutions
and organizations (including cooperative, tenant and public) -which were the
initiators of the above persons settling in the Republic of Moldova. Rate of
assignments from state budget is established by Parliament of the Republic of
Moldova. Procedure of assistance fund use is determined by the Government of
the Republic of Moldova.
IV. EMIGRATION FROM THE REPUBLIC OF MOLDOVA
Article
15. Right of
Citizens to Emigration
1. Citizens of the Republic
of Moldova have the right to change their place of residence and to remove to a
new job in any locality outside the frontiers of the Republic of Moldova.
2. Interests of citizens of
the Republic of Moldova who are outside the frontiers of the republic are
protected by the Republic of Moldova.
3. Problems of granting
facilities to emigrants in case of leaving the Republic of Moldova at their own
choice are regulated by agreements included by Government of the Republic of
Moldova with governments of other states with the support of organisations
which protect human rights.
4. The recognizing
emigrants' status of persons who had to emigrate outside the Republic of
Moldova because of natural calamities, attempts upon the personal immunity or
upon the inviolability of dwelling as well as granting of compensations and
facilities as regards the removing to a new place of residence are in the
competence of the Government.
5. Departure of citizens of
the Republic of Moldova to provisional work in foreign countries is regulated
by legislation of the Republic of Moldova.
Article
16. Provisional Emigrants
1. Provisional emigrants
are the persons:
a) who leaved the Republic
of Moldova due to military service. Their evidence is carried out according to
the procedure established by Military Department of the Republic of Moldova;
b) who are imprisoned
outside the frontiers of the Republic of Moldova. Their evidence is carried out
according to the procedure established by Ministry of Interior of the Republic
of Moldova.
V. OTHER LEGAL PROBLEMS REGARDING THE MIGRATION
Article
17. Responsibilities
of Immigrants
1. The immigrants who
arrived in the Republic of Moldova for a period longer than 90 (ninety) days
are obliged to address to the Department for Migrations under the Ministry of
Labour, Social Protection and Family for receiving an immigrate certificate and
the work authorisation in the Republic of Moldova.
2. Immigrants have to
respect the law in force of the Republic of Moldova.
3. Upon leaving the
Republic of Moldova in purpose for settlement out of its borders, immigrants have
to restore to Department for Migrations under the Ministry of Labour, Social
Protection and Family the immigrate certificate and work authorisation in the
Republic of Moldova.
[art.17 modified by Law nr.684-XIV
dated 19.11.99]
[art.17 modified by Law nr.474-XIV
dated 25.06.99]
Article
18. Operations with Real Estate and Rent Contracts of Lodging
1. Only the person who has
permanent residence permit in the Republic of Moldova has a right to make
transactions of real estate buying and selling (with the exception of
production purposes).
2. The fact that a person
has purchased real estate on the territory of the Republic of Moldova or has
received it on the basis of a donation contract does not give any privilege in
case of his solicitation for issue of residence permit.
3. Only the persons who
have residence permit can conclude rent contracts of lodging in the Republic of
Moldova.
VI. LEGAL AND ORGANIZATION ENSURING OF THE IMPLEMENTATION OF THE LAW OF THE
REPUBLIC OF MOLDOVA "ON MIGRATION"
Article
19. Responsibility for the Violation of Law of the Republic of Moldova "On
Migration"
1. Persons who broke the
present Law are held answerable in accordance with the procedure established by
legislation of the Republic of Moldova.
2.
Implementation of the present Law is under the control of the Government of the
Republic of Moldova.
Article
20. Settlement of Disputes
Disputes that appear during the process
of application of the present Law, in cases specified by legislation of the
Republic of Moldova in force are settled by legal means.
Article
21. Application Procedure
of the Law of the Republic of Moldova "On Migration"
Upon entering into force of the Law of
the Republic of Moldova "On Migration" the legislative documents in
force on the territory of the Republic of Moldova remain valid to the extent in
which they do not contradict the present Law.
0 comments:
Post a Comment