(Unofficial translation)

LAW ON EXIT FROM THE REPUBLIC OF MOLDOVA AND ENTRY IN

THE REPUBLIC OF MOLDOVA

Law of the Republic of Moldova

***

Parliament adopts the present law.

The present Law guarantees to citizens of the Republic of Moldova, to foreign citizens and to stateless persons the right to exit from the Republic of Moldova and entry in the Republic of Moldova, establishes time restrictions of this right, regulates the procedure of issuing exit-entry documents, as well as the procedure of disputes settlement during the issuing of these documents.

Chapter I

GENERAL PROVISIONS

Article 1. Right to exit from the Republic of Moldova and entry in the Republic of Moldova

(1)     Citizens of the Republic of Moldova and stateless persons, who permanently reside on its territory, have the right to exit from the Republic of Moldova and to entry in the Republic of Moldova on the basis of passports issued by competent bodies.

(2)     Foreign citizens may exit from the Republic of Moldova and to enter in the Republic of Moldova on the basis of valid national identity documents and documents which authorize the right to exit from the Republic of Moldova and entry in the Republic of Moldova.

(3)     The procedure of entry on the territory of a foreign country is regulated by the legislation of the given country.

Chapter II

APPLICATIONS FOR EXIT FROM REPUBLIC OF MOLDOVA AND ENTRY IN REPUBLIC OF MOLDOVA

The reason for passport issue for the citizens of the Republic of Moldova and for stateless persons, who permanently live in the Republic of Moldova, is their personal application or petition of their legal representatives, submitted in accordance with the established procedure.

(1)        The standard application on passport issue is submitted by a person to competent body at the place of permanent residence in a written form.

(2)        Children under 18 and persons, acknowledged by the court as disabled, may get the right to exit from the Republic of Moldova and entry in the Republic of Moldova on the basis of a petition, submitted by their legal representatives.

[Section 2 art. 3 amended by Law no. 806-XIV of 11.02.2000]

(3)        On leaving abroad for the purpose of permanent residence of the children from 12 to 18 with one of his/her parents a child’s consent, attested by notary, have to be presented.

(4)        Regulations of sections (2) and (3) are not applied to persons who contract lawful matrimony before the age of 18.

[Section 4 art. 3 introduced by Law no. 806-XIV of 11.02.2000]

(5)        In case if one of the parents of children under 18 does not give the consent for exit from Republic of Moldova, the non-suite can be appealed in the court.

[Section 5 art. 3 introduced by Law no. 806-XIV of 11.02.2000]

(1)        Application for exit from Republic of Moldova and entry in Republic of Moldova is reviewed within one month, but in case of emergency, when the trip is for the purpose of treatment of the applicant or is concerned with a serious illness or disability of a close relative, living abroad, - within three days.

(2)        Application of exit from Republic of Moldova for the purpose of settlement in other country is reviewed within three months.

(3)        The result of the application review is brought to the notice of the applicant in a written form. In case of rejection of the application, the repeated application is reviewed only after elimination of the reasons that caused its rejection.

Chapter III

Citizens of Republic of Moldova, foreign citizens and stateless persons after age of 18, who permanently reside on the territory of the country, have the right to invite private persons from abroad to the Republic of Moldova. The reason for invitation issue is their personal application or petition of their legal representatives, submitted in accordance with established procedure.

Article 6. Procedure for applications submission

(1)     The standard application on invitation issue is submitted by a person to competent bodies at the place of permanent residence in a written form.

(2)     The competent bodies issue the standard invitation, notifying the applicant in a written form. The invitation is valid within one year from the day of issue.

(3)     The mentioned procedure of invitation issue is not applied to foreign citizens who enter Republic of Moldova on official cause, on state affairs, including official delegations (diplomatic missions).

Article 7. Document registration and issue for foreign citizens and stateless persons

(1)     Foreign citizens and stateless persons, who have arrived to the Republic of Moldova for less then 90 days, have to register themselves at the territorial bodies of internal affairs, and those who intend to stay more than 90 days may stay temporarily or permanently only after they receive a permission, issued by the Ministry of Labor, Social Protection and Family, on the basis of which the internal affairs bodies issue stay permit.

(2)     Stay permit is issued in accordance with the legislation in force.

(3)     Members of diplomatic representatives staff, accredited in the Republic of Moldova, as well as their family members, who permanently live with them and have the certificates of accreditation, issued by Ministry of External Affairs of Republic of Moldova, have the right of non-visa entry and exit during the whole period of mission.

[Section 3 art. 7 introduced by Law no. 806-XIV of 11.02.2000]

Chapter IV

REJECTION OF PASSPORT, INVITATION, STAY PERMIT ISSUE

Article 8. Rejection of passport issue

The applicant is refused in passport issue or in extension of its term if he/she:

a)         represents a danger to the national security;

b)         has committed crimes against humanity;

c)         serves court’s sentence, or criminal proceedings against him/her are instituted;

d)         has violated the regulations of import, removal and transportation of substances and goods

under restrictions;

e)         is on active service in foreign military units or mercenaries;

f)         deliberately gives false evidence about him/herself;

g)         has property liabilities to state, individuals or legal entities, in accordance with the court

decision.

Article 8 modified by Law no. 20-XV of 29.03.2001]

[Pt. g (f) in redaction of Law no. 806-XIV of 11.02.2000]

[Art. Modified by Law no. 263-XIV of 24.12.98]

Foreign citizen or stateless person is refused in invitation or stay permit issue if he/she:

a)      represents a danger to national security, public order, health and morality;

b)      has committed crimes against peace, other grave misdemeanors, including military, or

crimes against humanity in definition for these deeds given by international documents;

c)      violated the legislation in force during his previous stay in Republic of Moldova;

d)      deliberately gives false evidence about himself.

An ungrounded rejection of acceptance of applications for passport, invitation, stay permit issue may be appealed to a higher official or in court in accordance with established procedure.

Chapter V

LEGAL STATUS OF PERSONS WHO DEPART FROM THE REPUBLIC OF MOLDOVA AND ENTER THE REPUBLIC OF MOLDOVA

Article 11. Rights and duties of persons who depart from the Republic of Moldova and enter the Republic of Moldova

(1)     Persons who exit from the Republic of Moldova and enter the Republic of Moldova both for permanent and temporary place of residence have rights and duties in accordance with the legislation in force.

(2)     Any arbitrary limitation of their civil, labor and housing right are not allowed.

(3)     Foreign citizens stay in the Republic of Moldova on the basis of valid national identity documents and stay permit issued by competent bodies, and must depart at the end of the fixed date of residence.

(4)     Citizens of the Republic of Moldova and stateless persons who permanently live on the territory of the Republic of Moldova, who desire to depart for a permanent residence in other countries, may get passport under the condition that they have met individuals and legal entities’ engagements in accordance with the legislation in force.

(5)     Responsibility for life, health, and right and interest protection of persons under 18, who have departed from the country, is taken by their legal representatives. In case if there are no legal representatives numbering in an organized group, the responsibility is laid on the team leader.

[Section 5 art. 11 introduced by Law no. 806-XIV of 11.02.2000]

Chapter VI

CONCLUDING REGULATIONS

Article 12. International agreements

If an international agreement that the Republic of Moldova adhered to determines other regulations than the ones stipulated by the present law, the international agreement regulations are applied.

Chairman of Parliament                          Petru Lucinschi

Chisinau, November 9, 1994

No. 269-XIII