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LAW 370
2013 MAY 8 ACT
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Law:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
MIGRATION LAW
TITLE I
GENERAL PROVISIONS
UNIQUE CHAPTER
OBJECT, PRINCIPLES, SCOPE, AND DEFINITIONS
ARTICLE 1. (OBJECT). This Law is intended to regulate the entry, transit, stay and exit
of persons in the territory of the Plurinational State of Bolivia, and to establish institutional coordination spaces that guarantee the rights of Bolivian and foreign migrants, in accordance with the Constitution of the State, the International Instruments on Human Rights ratified by the State and rules in force.
ARTICLE 2. (PRINCIPLES). Law is governed by the principles established in the Political Constitution
of the State and the unrestricted respect of Human Rights, based on the following:
1. Living Well. Living in harmony with the cycles of mother earth, cosmos, life, historical memory that
projects the future in balance and in permanent respect with all forms of existence. It represents community coexistence with interculturality and without asymmetries of power and includes the recognition of our cultures, their valorization and the feeling of belonging of each person with their surroundings.
2. No Discrimination. The State guarantees to Bolivians and Bolivians, foreign and foreign, the enjoyment and
exercise of all rights established by the Constitution of the State, without distinction, exclusion or preference Founded on sex, colour, age, origin, culture, nationality, language, religious creed, marital status, economic, social, political, educational, disability or other conditions aimed at undermining the validity of their human rights and fundamental freedoms recognised by the Political Constitution of the
Status.
3. Gender Equity. The State guarantees effective equality between men and women, generating the
conditions and means that contribute to the achievement of social justice, equal opportunities, the application of affirmative actions and the elimination of stereotypes against migrant women.
4. Reciprocity. The State guarantees the validity of the rights it claims for its nationals in the
foreign in the migration process, in shared responsibility with the different States.
5. Sovereignty. The Plurinational State of Bolivia, freely determines the norm that regulates the income, transit,
departure and permanence of people, in observance of Human Rights.
6. Transparency. Ensuring the right to information, ensuring that the procedures and requirements for the
entry, transit, stay and exit of foreign migrants to the country, are clear and easily accessible to knowledge public.
ARTICLE 3. (SCOPE OF APPLICATION).
I. This Law applies to all foreign migrants who are in the national territory and to the
Bolivians and Bolivians abroad.
II. This Law is not applicable to the representatives and officials of foreign governments and organizations
International or intergovernmental based in Bolivia, as well as members of permanent or special diplomatic missions that enter and remain in the country that the country on official mission, its family members and staff members service, who will be governed by the Treaties and Conventions ratified by the Plurinational State of Bolivia.
ARTICLE 4. (DEFINITIONS). For the purposes of this Law:
1. Border Administration. Management of the authorized flows for the admission, departure or refusal of entry of
migrants to the Plurinational State of Bolivia.
2. Cancellation of the Stay. Administrative act issued by competent immigration authority, which
rescinds or leaves out the authorization to remain in a foreign person for failure to comply with the internal rules of the State.
3. Change of Migratory Condition. Administrative act issued by competent authority that modifies the migratory status of a foreign person according to the legal order.
4. Travel Documents. Documents recognized by the Plurinational State of Bolivia as proof of
identity of a person when he enters, is in transit, remains or leaves the national territory.
5. Emigration. Act by which national migrants and foreign migrants leave the Plurinational State
of Bolivia for the purpose of settling in another State.
6. Educational Institution of Higher Education. It is understood as an Educational Institution of Higher Education, a
public and private universities, higher education schools, technical, technological and artistic institutes.
7. Foreign or Foreign. Person who is a national of a State, does not have the citizenship recognized by the
Plurinational State of Bolivia.
8. Border. An imaginary boundary, conventionally defined, that separates two adjacent states.
9. Undocumented. A foreign migrant person who has no documentation, who reliably credits their
identity and immigration status.
10. Admission. Administrative act of refusal of entry of a foreign person into the territory of the State
Plurinational of Bolivia, carried out by the competent authority in accordance with the current migratory rules.
11. Immigration. Act by which foreign persons enter the Plurinational State of Bolivia in order to
remain in it.
12. Immigrant in Irregular Situation. Foreign person who has freely decided to move to the State
Plurinational of Bolivia, does not comply with the rules of admission, transit or stay in force.
13. Migration. It is the free act of a person or group of persons to move from one State to another; for purposes
of this Law, to move from the Plurinational State of Bolivia to another State, to move from another State to the State Plurinational of Bolivia.
14. Labour Migration. Voluntary move from people from one State to another for work purposes, be in form
temporary or definitive.
15. Migrant. Person who individually or with his family group decides freely and for various reasons,
moving from one geographical location to another; for the purposes of this Law, the person who decides freely
move from one state to another.
16. Climate Migrants. Groups of people who are forced to move from one state to another by
climate effects, when there is a risk or threat to their life, whether from natural causes, environmental, nuclear, chemical or famine disasters.
17. Irregular Migrant. A foreign migrant person who does not comply with the rules for the admission or stay of the
Plurinational State of Bolivia.
18. Nationality. The legal link of a person with a State, whose rights and obligations are recognized
by the legal order.
19. Transit. A varied duration scale on a person's journey between two or more countries.
20. Crew member. A person who is part of a crew providing services in means of transport.
21. Passport. This is the document that identifies the person as a national of the issuing State.
22. Family Unit. The guarantee granted by the State for the protection of the family core and its reunification,
consisting of a set of persons united by a relationship of kinship to the first degree of consanguinity, affiliation, adoption or legal guardianship.
23. Visa. Authorization issued by competent authority for the admission or permanence of a foreign person
to national territory.
TITLE II
INSTITUTIONAL FRAMEWORK
UNIQUE CHAPTER
COMPETENT ENTITIES
ARTICLE 5. (COMPETENT ENTITIES).
I. The Ministry of Government is the authority responsible for the formulation and implementation of public policies and migration planning.
II. The Ministry of Foreign Affairs will be responsible for the coordination of the national policy of protection, attention,
linking and returning Bolivian and Bolivian abroad.
ARTICLE 6. (NATIONAL MIGRATION COUNCIL).
I. The National Council on Migration is the instance of coordination, cooperation, communication and information of policies and
migration actions and is constituted by the Ministries or the Ministers of Government, External Relations, and Labor, Employment and Social Security.
II. The National Council on Migration will be able to convene other public entities when required to address issues of their competence.
III. The National Council of Migration will establish the bases and criteria of the Public Policy on integration
social and labor of migrants, gathering through the Technical Secretariat, information and consultation of delegates or delegates from the autonomous departmental, regional, municipal and indigenous governments of the peasants, where appropriate and duly called; representative of the Ombudsman's Office, Armed Forces and Bolivian Police of civil society for recognized work in the field of migration, when be expressly convened or formally requested.
IV. The Technical Secretariat of the National Council on Migration, is the permanent coordination body of the National Council
of Migration, will be in charge of the Director or the Director General of Migration and will have the support of a technical team made up of professionals and specialists in the area, to fulfill the tasks assigned to it by the National Council of Migration.
V. The National Council of Migration Migration will approve the regulation that rules its operation.
ARTICLE 7. (MIGRATION DIRECTORATE GENERAL).
I. The Directorate-General for Migration is an unconcentrated public law body of the Ministry of Government, with a
own structure and national jurisdiction under the Ministry of Government's own jurisdiction.
II. Migration General has the following powers and responsibilities:
1. Manage migratory public policies, plans, programs, projects, and national strategies.
2. Manage the migration regime at the national level.
3. Manage the issue and control of current passports.
4. Manage the National Registry of Foreigners and the National Register of Arraigos.
5. Grant travel documents and indefinite stay visa in favor of refugees.
6. Grant, cancel, cancel final stays.
7. Grant, cancel, cancel, or extend temporary stays.
8. Write off the payment of fines from penalties, according to the grounds established in the
regulations of this Law.
9. To resolve the mandatory departure of foreign nationals who are not in a situation of political asylum or refugees
,
or indirectly, violate the Constitution of the State and the laws of the Plurinational State of Bolivia or incurs in the required output causes.10. Grant and recognize Bolivian nationality in accordance with the Constitution of the State
and legal order.
11. Regularize temporary or definitive permanencies.
12. Plan, execute and monitor the control programs of foreign persons in
transit through the national territory and those who enjoy temporary or permanent stay.
13. Create and control migration border posts.
14. Create jobs and migration control.
15. Know and resolve recall appeals against administrative acts issued by the
Migration Directorate General.
16. Develop and approve technical and operational provisions on migration issues.
17. To enter into agreements or interinstitutional agreements with international cooperation agencies or
diplomatic representations, through the Ministry of Government.
18. Engage in technical and financial assistance.
19. Designate, promote, or remove dependent personnel.
20. Monitor and punish individual individuals, and legal entities related to the
migration movement.
21. Obtain from public and private entities, information that is required in the exercise of their functions.
22. Manage migration information and statistical data for the correct design of public policies,
ensuring the availability of gender-differentiated indicators.
23. The Directorate-General for Migration is entitled to charge charges in accordance with the
Migratory and Foreign " Tariffs
24. The Directorate General of Migration will establish the rates and duties for migratory services according to
regulations of this Law.
ARTICLE 8. (DEPARTMENTAL ADMINISTRATIONS).
I. Departmental and Regional Migration Administrations are established to perform the operational functions in migration, foreign, passport, immigration control and root procedures, in accordance with this Law and its regulation.
II. The Migration Directorate General will be able to establish departmental administrations and Regional Offices in the
departments, according to the growth and needs.
III. Departmental and Regional Administrations will act in accordance with the competence and attributions that
establishes this Law, its regulations and the instructions of the General Directorate of Migration.
ARTICLE 9. (POLICE UNIT OF IMMIGRATION CONTROL). The Police Unit of Control
Migratory, is an operational police unit, made up of trained and specialized personnel of the Bolivian Police, which exercises its functions under dependency The General Command of the Bolivian Police, administrative agency of the Ministry of Government and operational dependency of the Directorate General of Migration, declared in commission of service in the Bolivian Police, whose powers and functions shall be established in the regulation of this Law.
ARTICLE 10. (FINANCIAL RESOURCES).
I. The Directorate General of Migration, being part of the organic structure of the Ministry of Government, has resources
from the annual budget allocations that the Treasury General of the Nation? TGN, which assigns it to the Ministry of Government. The resources raised by the immigration and immigration administration and control in application of the respective tariffs are the own resources of the Ministry of Government.
II. The Directorate General for Migration will be able to search for sources of cooperation and financing, whether internal or external, to
to improve its specific functions, and to subscribe any agreement or acceptance on them, by the Ministry of Government, not being able to do so the Migration General directly.
ARTICLE 11. (REPORTING OBLIGATION).
I. Public and private institutions have an obligation to provide the Migration Directorate General with
information, under official responsibility.
II. Any limitation or reservation of information must be specifies and is governed by express legal provision, identifying
the level of limitation.
TITLE III
RIGHTS, DUTIES AND GUARANTEES
OF FOREIGN MIGRANTS
CHAPTER I
FOREIGN MIGRANT RIGHTS
ARTICLE 12. (RIGHTS).
I. Foreign migrants will enjoy on an equal footing that nationals, of recognized rights
in the Constitution of the State, the laws and the International Instruments of which the Bolivian State is a part.
II. The State guarantees foreign migrants, the exercise and enjoyment of the following rights:
1. Migration on the basis of principles of equality, universality and reciprocity.
2. To health, sexual and reproductive rights.
3. To a suitable habitat and housing.
4. To work, to social security, to basic social services and benefits; to exercise an activity
paid for own or foreign account, as provided for in this Law.
5. Access to basic and higher education.
6. To the individual or collective, oral or written request for prompt and timely response.
7. To the freedom of residence, permanence and circulation throughout the Bolivian territory, in the framework of the
legal order.
8. Family reunification with their parents, spouses, dependent children, or older children with disabilities.
9. To vote in municipal elections according to specific regulations.
10. To seek and receive shelter, in the framework of the legal system, of international treaties and conventions
ratified by the Plurinational State of Bolivia.
11. To freedom of thought, spirituality, religion and worship.
12. To freely express and disseminate thoughts or opinions.
13. To access information under Law.
14. To establish and be part of associations with the limitations set forth in the Political Constitution of the
State, laws and regulations in force.
15. To prevent gender-based violence and situations of vulnerability that women may suffer for their
migrant status.
III. The right to express and freely disseminate thoughts and opinions will be limited in the following circumstances:
1. For founded reasons of national security and public order.
2. When it comes to any form of political propaganda or internal interference in favor or against conflicts
internal or international armed.
3. When any apology for national, racial or religious hatred is exercised that constitutes incitement to discrimination, the
hostility or violence.
ARTICLE 13. (BENEFIT IN GRANTING IDENTITY CARD). Las and the
foreign residents in Bolivia over 60 years of age, who have permanent residency for more than 15 years, will be able to obtain the identity card for foreigners with indefinite validity.
II
DUTIES OF FOREIGN MIGRANTS
ARTICLE 14. (DUTIES).
I. Foreign persons in the national territory must comply with the provisions of the
Political Constitution of the State, this Law and the current legal order.
II. Foreign nationals are subject to the following duties:
1. Comply with the requirements and conditions that the State requires for the entry, transit, permanence and exit of
compliance with this Law and its regulations.
2. Maintain existing authorization to remain in the country.
3. Submit identity and travel documents to the competent authorities when required.
4. Comply with the tax and social security obligations, according to the applicable rules applicable in these
matters.
5. Comply with the payment of securities for immigration formalities and fines where applicable.
6. Report to the immigration authority at written request and within the time limit set by the immigration authority.
7. Respect the Patrios Symbols, own rules and procedures, cultural and religious traditions in the
Plurinational State of Bolivia.
8. Care for and respect mother earth, the environment, biodiversity and natural resources.
9. Inform the competent authority of the change of address or other relevant, at the time of renewal or
obtaining migration documents.
CHAPTER III
GUARANTEES
ARTICLE 15. (CONSTITUTIONAL GUARANTEES).
I. The foreign migrant person who enters or remains, temporarily or definitively in the Plurinational State of
Bolivia, shall have the guarantees provided for in the Constitution of the State and the legal system.
II. The immigrant advocacy organizations, legally constituted in the Plurinational State of Bolivia and
registered in the Directorate General of Migration, will contribute to the protection of the rights of the immigrants.
III. The foreign migrant person has the right to assist an interpreter, in the event that you do not speak the language you are judged on.
TITLE IV
TRAVEL DOCUMENTS, VISAS, VISA CLASSIFICATION,
ADMISSION AND INADMISSION
CHAPTER I
FOREIGN AND DOMESTIC
FOREIGN AND NATIONAL TRAVEL DOCUMENTS
ARTICLE 16. (TRAVEL DOCUMENTS OF NATIONAL MIGRANTS).
I. To leave the national territory, Bolivians and Bolivians must present the following documents:
1. Valid and valid passport or;
2. Identity card, valid and valid, according to international conventions.
II. For entry into national territory, Bolivians or Bolivians must present any document proving their
identity and their Bolivian nationality or in exceptional cases consular passage.
III. In addition to the requirements outlined in paragraph I of this Article, girls, boys and adolescents must
comply with the requirements and legally established obligations.
ARTICLE 17. (FOREIGN MIGRANT TRAVEL DOCUMENTS).
I. To enter or leave the national territory, foreign migrants must present the following
documents:
1. Valid and valid passport or;
2. Valid and valid national identity document recognised under bilateral, multilateral or regional treaties, conventions and agreements;
3. Laissez-passer to leave the national territory, in exceptional cases.
II. In addition to the requirements outlined in paragraph I of this Article, the parents or guardians of the girls, boys and
adolescents must comply with legally established requirements and obligations.
ARTICLE 18. (PASSPORT). Foreign persons may enter, transit or leave the territory
national carrying alternatively, the following types of passports:
1. Diplomatic Passport.
2. Official Passport.
3. Service Passport.
4. Current Passport.
5. Others, established by international agreements or conventions.
ARTICLE 19. (EMISSION).
I. National current passports will be issued, registered and controlled by the Directorate General of
Migration, within the national territory; for Bolivians and Bolivians abroad, the issuance and printing of such document will be carried out in coordination with the Bolivian consular representations, according to the regulations of this Law.
II. The Diplomatic, Official and Service Passports for national persons shall be issued by the Ministry of Foreign Affairs, in accordance with the rules of this Law.
CHAPTER II
VISA CLASSIFICATION AND CANCELLATION
FOR FOREIGN MIGRANTS
ARTICLE 20. (VISA).
I. The visa is granted by the Plurinational State of Bolivia, through a Consular Representation accredited to the
foreign ministry by the Ministry of Foreign Affairs.
II. The visa enables the foreign migrant to present at a Bolivian border or airport post for
their income, in order to remain for a certain amount of time from the date of entry.
III. The Directorate-General for Migration will issue tourist entry visas or visit to the Plurinational State of Bolivia,
when the foreign migrant who requires it has not been able to access a consular representation of their country or of a country close to it, in accordance with the rules of this Law.
IV. Visas carry the possibility of accessing temporary or temporary stay on national territory, according to
as set out in this Law and its regulations.
V. The General Directorate of Migration, must expressly authorize, by the most expeditious route, the granting of a visa to the
consular representation that would have received the request, within the maximum period of fifteen (15) working days.
VI. The visa granted to the foreign migrant, who authorizes their entry into the national territory, is presumed to be
valid, unless justified causes are presented that make it possible to presume an irregularity in their obtaining or risk to safety. of the State.
ARTICLE 21. (CLASSES OF VISAS).
I. The following classes of Visas are recognized:
1. Diplomat.
2. Official.
3. In transit.
4. Courtesy.
5. Student:
a) Exchange with convention.
b) Unsigned interchange.
6. Humanitarian.
7. Tourism or visit.
8. Particular object:
a) Job.
b) Transient job.
c) Health.
d) Family.
e) Crew member.
9. Multiple.
II. For the visas referred to in paragraph I of this Article, except numerals 1 and 2, which are granted exclusively by the Ministry of Foreign Affairs, the length of stay of the foreign person, requirements and procedures shall be established by regulation of this Law.
III. The list of exemption and extension of visas, will be in charge of the Ministry of Foreign Affairs, according to the
established in the International Conventions on the subject and in the principle of reciprocity.
ARTICLE 22. (CANCELLATION OF VISAS). By administrative act, the competent authority,
will cancel the visas in the following cases:
1. By mandatory output.
2. By extradition, unless the acquittal of the crimes charged is verified.
3. When verifying the existence of cases of fraud by the applicant to evade compliance with
legal requirements that lead to error in the issuance of a visa, event in which the fact must be reported to the authorities
CHAPTER III
ADMISSION AND ENTRY BAN
ARTICLE 23. (ADMISSION).
I. The Directorate-General for Migration, authorizes the entry of the foreign migrant into the national territory of
agreement to the conditions and requirements set forth in this Law and its regulations.
II. foreign migrant who intends to enter the Plurinational State of Bolivia, must do so by the
immigration control posts enabled for this purpose, being provided with the passport or travel document that accredits his/her identity, which is considered valid for that purpose under international conventions signed by the Plurinational State of Bolivia and not subject to express prohibitions.
ARTICLE 24. (MIGRATORY CONTROL).
I. The Bolivian or foreign persons at the time of their entry into the country will be subject to the corresponding registration and
immigration control at land and airport border points. This control will be carried out by the Directorate General of Migration, in order to determine the regularity of its revenue.
II. Foreign migrants who have entered the national territory will be subjected to migratory control according to programs and plans established by the Directorate General of Migration, in order to verify their status.
ARTICLE 25. (IRREGULAR INCOME). The entry into the national territory is irregular in the following cases:1. Entry to the country by not enabled.
2. I enter the country by means of evading or omitting the migratory control.
3. I enter the country without the appropriate documentation or with false documentation.
ARTICLE 26. (PROHIBITION OF ENTRY).
I. The prohibition of entry into the national territory of a foreign migrant person, is the administrative decision by which
the migratory authority, when carrying out the migratory control, denies the income from the causals set out in paragraph II of this Article, ordering their immediate return to the country of origin or to a third country which admits it. Against this decision there is no further recourse.
II. The causes of the prohibition of entry to foreign migrants into national territory are as follows:
1. When they do not have the corresponding visa, except as provided for in the international agreements and agreements
that exclude it.
2. Where they do not present the requirements and the documentation requested for admission or regularisation.
3. When submitting false or adulterated documents after verification.
4. When they were the subject of mandatory departure from the country for violation of this Law, unless the period
of penalty for mandatory exit would have culminated.
5. When they are criminally persecuted abroad and have a warrant to capture or have been convicted in the country for criminal offences and for the execution of the penalty, and in accordance with the provisions of the Agreements and Treaties International ratified by the State.
6. When they were convicted of crimes against humanity, Trafficking in Persons, Trafficking in
Arms, Money Laundering, Controlled Substance Trafficking, Genocide, War Crimes, Terrorism, according to the provisions of the International agreements and treaties ratified by the State.
7. When they have executed criminal sentences and are repeat offenders abroad.
8. Be registered with international police files.
III. They are exempt from compliance with the above paragraph, persons seeking refuge and
victims of trafficking and trafficking crimes. Persons, in addition to foreign persons who demonstrate the family ties to the first degree of consanguinity, affiliation, adoption or legal protection with national persons, and must therefore remedy the reasons or causes that they have originating the prohibition of its entry, with the exception of the provisions in the numerals 5, 6, and 7 of paragraph II of this Article.
TITLE V
STAYS AND CATEGORIES
CHAPTER I
PERMANENCE
ARTICLE 27. (PERMANENCE).
I. It is the authorization granted by the Directorate General of Migration, to the foreign migrant person for
to remain in Bolivian territory respecting the established deadlines, prior to the fulfilment of the requirements established in the This Act and its regulations.
II. The permanence may also be granted according to the International Agreements and Conventions, ratified by the
State.
ARTICLE 28. (STAY CLASSES).
I. The following permanence classes are set:
1. Transient persistence by particular object:
a) Tourism or visit.
b) Study.
c) Job.
d) Health.
e) Family.
f) Transit.
2. Temporary Stay;
a) Study.
b) Job.
c) Health.
d) Family.
3. Permanent Stay.
II. For the permanencies referred to in paragraph I of this Article, extensions, requirements and procedures shall be established by regulation of this Law.
III. The stay for refugees is in accordance with Law No 251 of 20 June 2012.
ARTICLE 29. (TRANSIENT STAY). It is the authorization to stay or reside in the
country on a transient basis for a maximum period of one hundred and eighty (180) days.
ARTICLE 30. (TEMPORARY STAY). It is the authorization to stay in the country up to a
maximum of three (3) years. It may be granted to foreign migrants who have legally entered the national territory, so request, according to the following categories:
1. Temporary stay of one (1) year, renewable for two equal periods.
2. Temporary stay of two (2) years, renewable by one (1) year.
3. Temporary stay of three (3) years.
4. Temporary humanitarian stay of one (1) year, granted to foreign migrant persons who for reasons of
force majeure, beyond their will and duly justified cannot comply with the requirements laid down by this Law and their regulation to obtain temporary stay.
ARTICLE 31. (PERMANENT STAY).
I. It is the authorization to reside or stay in the country definitively, granted to migrant persons
foreign nationals who have a minimum stay of three (3) years and so request expressly.
II. The permanent permanence will be extended to the spouse, daughters and dependent children and parents in charge, without the need of
to have a minimum stay of three (3) years.
ARTICLE 32. (IRREGULAR STAY). It is irregular to stay in the national territory in the
following cases:
1. When the foreign migrant, having legally entered the national territory, remains in the
once the term of stay has expired.
2. When the foreign person has legally entered the national territory, it does not have the authorization
required to perform the activity that it is developing.
3. As set forth in Article 25 of this Law.
ARTICLE 33. (CHANGE OF MIGRATORY CONDITION). Foreign migrants may
change their immigration status, as set out in this Law and their regulations.
ARTICLE 34. FOREIGN IDENTITY CARD). Foreign migrant persons who
obtain temporary or permanent stay, must obtain their Foreign Identity Cedula from the competent authority within the period and conditions set in the current regulations.
CHAPTER II
CANCELLATION OF PERMANENCE
ARTICLE 35. (CANCELLATION OF THE STAY).
I. The competent immigration authority has the power to cancel temporary, temporary or
permanent, foreign migrant persons when they incur the following causes:
1. For being absent from the national territory for longer than is established in the regulations of this Law, without
having the authorization of the Directorate General of Migration.
2. By facts or simulated or fraudulent and/or fraudulent acts checked by those who have obtained the
stay, a fact that must be reported to the competent authorities.
3. For unjustified non-compliance with the express conminatory of regularization of their migratory status in the
deadlines established by the competent migratory authority.
4. For the determination of mandatory exit issued by competent authority.
5. For non-compliance with the object and the conditions that have motivated the granting of the stay under an
program fully or partially subsidized directly or indirectly by the State.
6. For incurring one of the prohibitions contained in Articulo26 of this Law.
II. The Directorate-General for Migration, will authorize an extension in the time of departure, for serious reasons of personal health
or family, by studies and by chance or force majeure.
ARTICLE 36. (EXCEPTION TO THE CANCELLATION OF THE STAY).
I. The immigration authority, after finding the family link up to the first degree of consanguinity, affiliation,
adoption or legal protection, will not be able to cancel the permanence of the foreign person under the principle of unity family, owing to the failure to comply with the provisions of this legislation, to renew their stay each year according to the requirements laid down in the regulations of this Law.
II. does not apply in the case where the Migration Directorate General is
willing exit from the foreign citizen according to the provisions of paragraph I, numerals 1 and 6 of Article 38 of this Law.
III. No foreign migrant person or his or her family members, who are part of the a pool may be output object
collective mandatory, each case will be examined individually.
IV. The mandatory exit does not violate the rights that the migrant has acquired, in accordance with the legislation
national.
TITLE VI
MANDATORY EXIT AND REENTRY BAN
ONLY CHAPTER
MANDATORY OUTPUT
ARTICLE 37. (MANDATORY OUTPUT).
I. The Directorate-General for Migration, upon substantiation of an administrative process, will resolve the expulsion of the foreign migrant from the national territory.
II. The mandatory exit determines that the migrant person Foreign leave the national territory within fifteen
(15) working days from its legal notification, upon application of the guarantees provided for in Article 15 of this Law. The time limit for re-entry into national territory will be determined according to the regulations of this Law.
III. The mandatory exit will be effective when the resolution is executed, to the effect, the General Direction
Migration will have the transfer of the foreign migrant to the country of origin, or to a third country that admits it. In no case shall the foreign migrant be required to leave the territory of the State to a country, in which for reasons founded there is danger or risk on his life and integrity.
IV. If as an effect of the compulsory exit will affect the rights of the girls, boys, and adolescents, the Directorate General of
Migration must immediately communicate the case to the Office of the Child and Adolescence and to the consular representation of the country of origin in the cases that correspond.
V. If the foreign migrant person was persecuted The
Directorate General of Migration will send the competent authority to the competent authority.
VI. In case the foreign migrant person incurs acts that alter the public order, in Both are not
executed the mandatory exit resolution, the Migration Directorate General will bring to the attention of the competent authority.
ARTICLE 38. (MANDATORY OUTPUT CAUSES).
I. The mandatory output is derived from the following causes:
1. To have entered or left irregularly to the national territory and not to have regularized their condition
migratory, in violation of the conminatoriums issued and notified within the deadlines established by the migratory authority, except for citizens who have established their legal addresses in border areas and who have the documentation that accredit that end.
2. To have remained on a national territory irregularly without having regularized their immigration status,
failing to comply with the terms issued and notified within the time limits established by the migratory authority.
3. Having been convicted without rehabilitation, for crimes of Humanity, Trafficking and Trafficking in Persons, Trafficking in Arms, Money Laundering, Controlled Substances, Genocide, War Crimes and Terrorism, according to the provisions of the Treaties and international conventions.
4. Having been legally disposed of mandatory exit without having fulfilled it or if having complied with it would not
have expired the term established in it in case of being temporary.
5. Bypass border migration controls.
6. Present false or adulterated documents.
II. The General Directorate of Migration must suspend the compulsory exit in the event that the foreign migrant person
demonstrates the family link up to the first degree of consanguinity, affiliation, adoption or legal protection with a person (a) Bolivian or Bolivian, provided that the marriage or free union recognized by a judicial authority had been concluded prior to the fact that the decision to exit is compulsory, except as provided for in paragraph 3 of paragraph 1 of this Article.
ARTICLE 39. (RE-ENTRY BAN).
I. The mandatory exit implies the prohibition of reentry into national territory of the foreign migrant person of
temporary or definitive form and the time from the day of its execution shall be computed.
II. Directorate General for Migration, by means of administrative act, shall set the deadline for the re-entry into national territory of
the foreign migrant person who has been subjected to compulsory exit, according to the seriousness of the cause that originated the same and the provisions of the regulations of this Law.
III. Directorate General of Migration may reconsider the re-entry ban on the basis of reunification causes
familiar and/or for duly substantiated humanitarian reasons.
TITLE VII
NATURALIZATION OF MIGRANT PERSONS FOREIGN
UNIQUE CHAPTER
NATURALIZATION
ARTICLE 40. (NATURA).
I. Naturalization constitutes the legal process by which Bolivian nationality is granted to a foreign migrant
, based on the provisions of the Constitution of the State and the legal system.
II. Foreign migrants who acquire Bolivian nationality by naturalization will have all the
rights and obligations that the laws recognize to Bolivians and Bolivians of origin.
ARTICLE 41. (NATURALIZATION BY PERMANENCE). To acquire Bolivian nationality the
foreign migrants, according to the provisions of paragraph I of Article 142 of the Constitution of the State, shall comply with the following conditions:
1. Stay in the country for three (3) continuous years.
2. Express their express will to acquire Bolivian nationality and to comply with the Political Constitution of the
State.
3. Have a lawful activity in the country.
4. Credit your nationality of origin.
5. Comply with other requirements set out in the regulations of this Law.
ARTICLE 42. (NATURALISATION BY FAMILY LINK OR SERVICES).
I. According to paragraph II of Article 142 of the Constitution of the State, you will be able to
acquire the Bolivian nationality of foreign migrants legally residing for two (2) years in the country and are in one of the following situations:
1. Have Bolivian or Bolivian spouse, Bolivian daughters or children, or Bolivian surrogate parents.
nationality will not be lost in case of widowhood or divorce.
2. To provide military service in Bolivia, at the required age and in accordance with the Law.
3. That for their services to the country they obtain the Bolivian nationality granted by the Plurinational Legislative Assembly, through Law.
II. The requirements for each of the situations will be established in the regulations of the present Law.
TITLE VIII
RESPONSIBILITY OF THE PASSENGER TRANSPORT SERVICE OPERATORS, TRAVEL AND TOURISM AGENCIES, HOTELS, HOSTELS, RESIDENTIAL, ACCOMMODATION AND
EDUCATIONAL ENTITIES
CHAPTER I
INSPECTIONS AND OBLIGATIONS
ARTICLE 43. (INSPECTIONS). The Directorate-General for Migration and/or Departmental Administrations,
will periodically carry out inspections of domestic and international passenger transport service providers, travel agencies, and tourism, hotels, hostels, residential, accommodation, workplaces and institutions of higher education of vocational training, in order to verify compliance with this Law.
ARTICLE 44. (OBLIGATIONS OF THE OPERATORS OF THE PASSENGER TRANSPORT SERVICE). The national and international passenger transport service operators have the following obligations:
1. Provide the transportation service to the foreign migrant person, upon request of travel documents and
visa if applicable.
2. Provide advance lists of passengers and crew records, within the time and form set by the
General Direction of Migration.
3. Grant all passengers entering or leaving the national territory, the documents required by the
Directorate General of Migration and instruct them in their filling and delivery.
4. Provide that the crew and staff of the international passenger transport service will have the
travel documents and visas if they correspond.
5. To make available to the migratory authority the connationals deported or admitted to other countries, who arrive in the national territory and grant all the corresponding documentation.
6. To transport foreign migrants who are not admitted by the
causes established in the numerals 1 and 2 of paragraph II of Article 26 of this Law or subject to compulsory exit from the national territory to the national territory. country of its last origin, the country of origin, or a third country hosting it.
7. Prioritize the places in the transport of relatives in the first degree of consanguinity, filiation, adoption, guardianship
legal when one of the members has been passively of a compulsory departure or inadmission. To this effect the cost of the passages will be borne by the relatives.
ARTICLE 45. (TRAVEL AND TOURISM AGENCIES). The travel and tourism agency managers
have the following obligations:
1. Require the foreign migrant to present the valid and valid travel document, with the relevant
visa if the case warrants it, to provide the emerging services of its activity.
2. Provide lists of records of foreign migrants entering national territory in quality
of tourists, within the time and form established by the Directorate General of Migration.
ARTICLE 46. (HOTELS, HOSTELS, RESIDENTIAL AND ACCOMMODATION). The owners or
responsible for hotels, hostels, residential and accommodation that provide accommodation to foreign persons, have the following obligations:
1. Require the foreign migrant person to present the valid and valid travel document, to provide
the emerging services of their activity.
2. Provide lists of records of foreign persons to whom you provide accommodation in your establishment, within the time and form established by the Directorate General of Migration.
3. To provide lodging for your office, at the request of the General Directorate of Migration to all persons
foreign subject to compulsory departure, in exceptional situations according to the regulations of this Law.
ARTICLE 47. (INSTITUTIONS OF HIGHER EDUCATION FOR VOCATIONAL TRAINING).
responsible for the Institutions of Higher Education for Vocational Training have the following obligations:
1. Require foreign and foreign students, parents, guardians or proxies in the appropriate cases, at the time of registration, identification documents and the respective visa or stay in force, if applicable.
2. Provide lists of records of foreign migrants enrolled in the educational entity, within the time frame and
established by the Directorate General of Migration.
3. Register in the Institutions of Higher Education of Vocational Training, foreign students and
foreigners who do not have the required documentation at the time of their registration, since the student will not be deprived of the the right to education established in the Political Constitution of the Plurinational State of Bolivia, with the regularization of its migratory status being required after a certain time.
TITLE IX
EMPLOYMENT FOR WORKERS
FOREIGN MIGRANTS
UNICO CHAPTER
RIGHTS OF MIGRANT WORKERS
ARTICLE 48. (EMPLOYMENT ACTIVITY OF FOREIGN MIGRANTS).
I. The foreign migrants admitted and authorized in the Plurinational State of Bolivia, with a permanent, temporary or permanent
, may develop any task or gainful or gainful activity, by
II.
II.
II.
II.
II. Employers and employers are required to comply with the law of the workplace. current labor legislation and will not be
will affect acquired rights or social benefits that correspond to foreign migrants, because of the work they would have provided, whatever their immigration status.
III. Companies that provide services on Bolivian territory and have foreign personnel, must be governed by the
Bolivian regulations and the regulations of this Law.
ARTICLE 49. (RIGHTS OF FEMALE WORKERS AND MIGRANT WORKERS). Workers and migrant workers, in addition to the rights established in the Constitution of the State, International Human Rights Instruments ratified by the State and national laws, will have the following rights:
1. To be informed by the competent authorities of the State of all conditions applicable to their admission and
in particular those relating to their residence.
2. To freely choose your paid activity or seek other employment in the event that has ceased your activity.
3. To participate in equal opportunities in labor associations and unions, except in situations that
could affect state security or public order.
4. Not to be subjected to servitude, slavery, exploitation or forced labor.
5. To the consular or diplomatic authorities of their country of origin, be informed in case of their apprehension
or arrest.
6. In the case of compulsory departure from the country, the worker or migrant worker must receive the payment of the
accrued wages, social benefits and other benefits due to them.
7. To transfer their income and savings, in particular the funds needed for the livelihood of their family members, be to
their country of origin or any other, in accordance with International Agreements and the national regulations in force.
8. Foreign migrant persons in the condition of students may engage in gainful activities to
part-time or fixed duration, in so far as this does not limit the continuation of the studies.
9. Other rights recognized in agreements, treaties, bilateral, regional or international agreements in
labor and social security, ratified by the Plurinational State of Bolivia.
10. To prevent gender discrimination, the vulnerability of informality, temporality, the gap
pay with national workers, sexual harassment and workplace harassment on the basis of sex, promoting access to networks of information and social support.
ARTICLE 50. (DUTIES).
I. Workers and migrant workers and their families, in addition to what is established in Article 14 of the
this Law, have the following duties:
1. To know, respect and comply with the agreements, treaties, bilateral, regional or international agreements on labor and social security ratified by the Plurinational State of Bolivia.
2. To obtain and maintain in force the visa that authorizes their stay for work in the country, when applicable.
3. To regularise their migratory status by complying with the requirements and procedures established in the
legal order in force, in the event that they are performing remunerated or gainful tasks, whether on their own or with others, with or without dependency relationship.
ARTICLE 51. (PROHIBITION OF WORK). The foreign migrants who are in
quality of tourists or visitors in the country, will not be able to work or perform remunerated or gainful tasks, whether for their own account or others, with or without dependency relationship, except express authorization of the Directorate General of Migration for humanitarian reasons.
TITLE X
BOLIVIAN AND BOLIVIAN ABROAD
CHAPTER I
SUPPORT FOR IMMIGRATION FREEDOM
ARTICLE 52. (GUARANTEE OF APPLICATION OF PRINCIPLE). The Plurinational State of Bolivia will urge
to the States in which Bolivian and Bolivian residents reside, to apply the principle of equal treatment and reciprocity to our nationals with the nationals of those States. receivers.
ARTICLE 53. (SUBSCRIPTION OF CONVENTIONS). The Ministry of Foreign Affairs, through its
Diplomatic and Consular Representations, will promote the subscription of agreements and consultation mechanisms in the bilateral and multilateral fields, to develop better possibilities of transit and permanence for Bolivians and Bolivians, in the countries of the region and the world, as well as for foreigners in the national territory.
ARTICLE 54. (MANAGEMENT AND PROMOTION IN INTERNATIONAL BODIES). The Ministry of Foreign Affairs, through its representations in international bodies, will manage and promote the necessary changes in the field of international regulations, for the proper recognition of the rights of the migrant workers and migrant workers, in the context of a new reality of transit and permanence
of people, in recipient countries across states.
ARTICLE 55. (ASSISTANCE IN INTERNATIONAL CRIMES). The Ministry of Relations
, through its diplomatic and consular representations, will seek and strengthen bilateral and multilateral relations for the protection and assistance of victims of violence, trafficking and Trafficking in Persons, and related crimes; as well as, of the persecution and punishment of international crimes, through mechanisms of international legal cooperation.
ARTICLE 56. (PUBLIC ACCOUNTABILITY AND EVALUATION OF MANAGEMENT RESULTS).
I. The Ministry of Foreign Affairs in its public accountability, will report the progress managed in the field
of conventions and adequacy of international regulations on migration and consular matters.
II. The diplomatic and consular representations, shall carry out public accountability and evaluation of the results of
management, with respect to the degree of compliance with the precepts established in this Title, as appropriate.
III. The public accountability shall be carried out at least twice a year, in a semi-annual manner, in a clear and
understandable, in public act widely convened for the effect and with the participation of the connationals in the receiving country.
CHAPTER II
RIGHT PROTECTION
ARTICLE 57. (PROMOTION AND PROTECTION OF RIGHTS).
I. The Ministry of Foreign Affairs, through its Diplomatic and Consular Missions, will promote the
respect and protection of the fundamental rights of Bolivians and Bolivians abroad, as well as presenting to the authorities of the country in which they are located, the relevant actions to ensure that the rights and interests of natural persons are respected primarily and of legal persons where appropriate, in accordance with the principles and rules of International Law.
II. Also, the Consular Missions will cater to Bolivians and Bolivians in:
1. The allocation and management of public documents, which ensure the exercise of their fundamental rights.
2. Contribute to the registration and democratic participation in the electoral processes of the Plurinational State of Bolivia abroad, in charge of the Supreme Electoral Tribunal? TSE.
3. The implementation of mechanisms to monitor the situation of the detained and/or convicted connationals
in prisons abroad, guaranteeing through other efforts the effectivation of their fundamental rights and guarantees.
4. To assist in the repatriation of human remains from Bolivian and Bolivian deceased abroad,
mainly to the families of extreme vulnerability and precarious economic situation.
5. Caution, in cases that are of their knowledge, the welfare of Bolivian girls, children and adolescents and
in international adoption, in coordination with the relevant authorities.
6. Open spaces for complaints of violation of rights, mainly of women, being able to denounce the
sexual harassment, labor and other forms of violence, in and from the consulates, guaranteeing the training and awareness of the consular staff in the rights of migrant women, in order to refer them to the competent authorities.
7. Legal-legal guidance on the local regulatory system and, if necessary, to ensure that they have the
defense of trade in the receiving country.
8. Assistance in démarches to charity authorities in the receiving country, international agencies and
non-governmental organisations for humanitarian purposes, in favour of those in the street or in the extreme vulnerability.
9. Assistance to those who are victims of natural disasters and states of war or international crimes.
10. Seek the location or location of connationals in your constituency, at the request of the family or the
relevant authorities of the Plurinational State of Bolivia. To facilitate this work, Bolivians and Bolivians must register with the respective Consular Offices.
11. To assist in the efforts of the authorities of the receiving country, in the procedures initiated by our connationals for
the return of their contributions to social security.
III. The Diplomatic Representations by consular section and Consulates, will keep track of Bolivians and
Bolivians abroad, through the consular system under the Ministry of Foreign Affairs.
ARTICLE 58. (REGISTRATION OF PERSONS BORN ABROAD).
I. People born abroad of Bolivian mother or Bolivian father, may be registered and obtain their
birth certificate at the consular offices of the Plurinational State of Bolivia abroad, up to the eighteen (18) years of age.
II. Persons born abroad of Bolivian mother or Bolivian father who have not been enrolled until the
eighteen (18) years of age in the respective Consulates abroad, must carry out in the country, the process or procedure for obtaining Bolivian nationality by Bolivian mother or Bolivian father, in accordance with the legal provisions contained in the Constitution of the State and the legislation in force.
ARTICLE 59. (PROTECTION, ATTENTION, LINKAGE AND RETURN). The National Council on Migration,
through the competent ministries, will generate effective policies for the protection, attention, linkage, return and reintegration of Bolivians and Bolivians abroad, which voluntarily request their return to the country and make it known to the respective Diplomatic and Consular Missions of our country abroad.
ARTICLE 60. (BOLIVIAN AND BOLIVIAN RETURN). The Plurinational State of Bolivia, a
through the Ministry of Foreign Affairs, specifically of its Diplomatic and Consular Missions, will contribute to the implementation of plans, programs or projects that have been coordinated with other governmental bodies for the repatriation or return of Bolivians and Bolivians and their families to the country, when they so request, to which effect they may enter into agreements or agreements with Government International Organizations or No Government specialized in the subject.
ARTICLE 61. (FACILITIES FOR RETURN).
I. Bolivians and Bolivians who wish to benefit from the benefits of return, will be able to do so by one and only
, and must meet the following requirements:
1. Submit a request that manifests its will and decision to return to Bolivia before a representation
consular.
2. To have remained on the outside no less than two (2) years immediately preceding and verifiable to date
of the filing of the return request to the country.
II. Bolivians and Bolivians who take advantage of the return to reside definitively in the country, will be released from the payment of all customs duties of importation, that serious the internment in the country of the following goods:
1. Personal and household effects, which may include clothing, furniture, appliances and accessories for normal use in a dwelling which corresponds to a family unit and includes its machines, equipment and tools used in its activity job.
III. For the purposes of application, this Article shall be regulated in accordance with the provisions of Law No. 1990 of July 28
of 1999-General Law of Customs, and its regulation, Law No. 165 of 16 August 2011-General Law of Transportation, and other current industry regulations.
ARTICLE 62. (CERTIFICATION OF TRADE OR OCCUPATION). The Bolivian and Bolivian people who join
to return, once registered the request for return in the consulates of Bolivia abroad, will be able to present themselves to the Ministry of Education, so that according to their work experience, prior to accreditation, is extended to a certificate of labor competence that allows you to access a job.
ARTICLE 63. (ACCESS TO EDUCATION). The Ministry of Education, in coordination with the Department of Education Directorates, will draft a protocol to prevent the dropout or repetition of the school year for girls, boys and adolescents returning to school. country, and whose parents or guardians do not have all or part of the documentation required for access to education.
ARTICLE 64. (EXCEPTION FROM PROCESSING). Bolivians and Bolivians who would have been affected by
severe natural disasters in the place they radiate and who for this reason return to Bolivia, will be eligible for the return benefit by dispensing with the customs procedure. except for any prerequisite. The corresponding Diplomatic Missions shall report to the Ministry of Foreign Affairs on the characteristics of the events.
TITLE XI
MIGRATION BY CLIMATE CHANGE
UNICO CHAPTER
ARTICLE 65. (CLIMATE CHANGE MIGRATION). The Consejo Nacional de Migración will promote the
subscription of international agreements and agreements on climate and environmental change issues with the different States, for the protection of Bolivian and Bolivian affected; likewise, coordinate public policies that permit the admission of populations displaced by climate change, if necessary, when there is a risk or threat to life, and be caused by natural causes or environmental, nuclear, chemical or famine.
TITLE XII
ADMINISTRATIVE VIOLATIONS AND SANCTIONS
CHAPTER I
VIOLATIONS AND PENALTIES
ARTICLE 66. (SANCTIONING AUTHORITY). The Directorate General of Migration, will exercise the power
sanctioning by the commission of administrative violations in migratory matters, subject to the provisions of the legal order.
ARTICLE 67. (INFRINGEMENTS).
I. Incurren in administrative infringement on immigration, natural and legal persons, nationals and foreign nationals who
breach the obligations laid down in the legal order.
II. Administrative violations in migratory matters are classified as mild, severe and very serious, and will be determined
by means of a regulation of this Law.
CHAPTER II
SANTIONS
ARTICLE 68. (SANTIONS). The infractions described in the above Articles will be sanctioned with
mandatory departure or fines, the amount of which per type of infringement, will be determined by regulation of this Law.
ARTICLE 69. (EXCEPTION FOR APPLICANTS FOR SHELTER AND VICTIMS OF TRAFFICKING AND
TRAFFICKING IN PERSONS). Persons seeking refuge and victims of trafficking and trafficking shall not be subject to any of the sanctions provided for in the The preceding article and shall be treated in accordance with applicable international and national treaties, conventions, agreements, and regulations.
TRANSIENT provisions
FIRST. For the enactment of this Law, the Executive Body within a period of no more than ninety (90) days
will issue a Supreme Decree of amnesty and immigration regularization.
. The ongoing administrative procedures shall be processed and resolved in accordance with the regulations in force at the time of their initiation, unless the person concerned expressly requests the application of this Law.
THIRD. Once this Law has been enacted, the Directorate General of Migration, in coordination with the
s
National Migration Board, will, within ninety (90) days, prepare the respective regulations.
FOURTH. The Executive Body within a period of no more than ninety (90) days from the enactment of this
Law, will approve the Supreme Decree that rules on the return benefit, as appropriate.
ABROGATORY AND REPEAL
ONLY. At the time of the full validity of this Law, all provisions
contrary to this Law are repealed and repealed.
Remitase to the Executive Body, for constitutional purposes.
It is given in the Chamber of the Plurinational Legislative Assembly, at the eighteen days of the month of April two thousand thirteen
years.
Fdo. Lilly Gabriela Montano Viana, Yusser Rolando Villarroel Garviso, Andres Agustín Villca Daza, Marcelina
Chávez Salazar, Marcelo William Elio Chavez, Angel David Cortez Villegas.
Therefore, I enact it so that it has and will comply with the law. of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, eight days of the month of May of the year two thousand thirteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga MINISTER OF THE PRESIDENCY E
ACTING FOREIGN RELATIONS, CARLOS GUSTAVO ROMERO BONIFAZ, RUBEN ALDO SAAVEDRA SOTO, ELBA VIVIANA CARO HINOJOSA, LUIS ALBERTO ARCE CATACLYORA, Daniel Santalla Torrez, Arturo Vladimir Sanchez Escobar, Cecilia Luisa Ayllon Quinteros, Juan Carlos Calvimontes Camargo, Roberto Ivan Aguilar Gomez, Claudia Stacy Peña Claros, Pablo Cesar Groux Canedo, Amanda Davila Torres.
