Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/141875
Law No. 370 law of May 8, 2013 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T A: law of migration title I provisions General Chapter single object, principles, scope of application and definitions article 1. (OBJECT). This law is to regulate the entry, transit, stay and departure of persons in the territory of the plurinational State of Bolivia, and establish institutional spaces of coordination that will guarantee the rights of Bolivian migrants and foreigners, in accordance with the political Constitution of the State, the international instruments on human rights ratified by the State and standards.
ARTICLE 2. (PRINCIPLES). The present law is governed by the principles established in the Constitution political of the State and the respect unrestricted of them rights human, based in it following: 1. live well. Live in harmony with the cycles of mother earth, cosmos, life, historical memory that projected future in balance and permanent respect for all forms of existence. It represents community coexistence with interculturalism and asymmetries of power and includes the recognition of our cultures, their value and the sense of belonging of each person with their environment.
2. non-discrimination. The State guarantees to the Bolivian and Bolivians, foreign and foreigners, the enjoyment and exercise of all the rights established by the political Constitution of the State, without distinction, exclusion or preference based on sex, colour, age, origin, culture, nationality, language, religious creed, marital status, social, political and economic condition, degree of instruction, disability or others aimed to undermine the validity of their human rights and fundamental freedoms recognized by the political Constitution of the State.
3. gender equity. The State guarantees the effective equality between men and women, creating the conditions and means that contribute to the achievement of social justice, equal opportunities, the application of affirmative action and the Elimination of stereotypes against women migrants.
4. reciprocity. The State guarantees the observance of Rights calling for its nationals abroad in the migration process, in the various States shared responsibility.
5 sovereignty. The plurinational State of Bolivia, freely determines the rule governing entry, transit, exit and stay of persons, in observance of human rights.
6. transparency. Ensuring the right to information, to ensure that the procedures and requirements for entry, transit, stay and departure of foreign migrants to the country, are clear and easy access to public knowledge.
ARTICLE 3. (SCOPE OF APPLICATION).
I. the present law applies to all foreign migrants who are in the national territory and to the Bolivian and Bolivian abroad.
II. this Act does not apply to representatives and officials of foreign Governments and international agencies or intergovernmental with headquarters in Bolivia, as well as the members of diplomatic missions, permanent or special who enter and remain in the country that they are admitted to the country on official mission, their families and staff members, who shall be governed in accordance with the treaties and conventions ratified by the plurinational State of Bolivia.
ARTICLE 4. (DEFINITIONS). For purposes of this law means: 1. border management. Management of flows authorized for admission, output, 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 terminated or leaves without effect the authorization of permanence to a person foreign for violating the internal rules of the State.
3. change of immigration status. Administrative act issued by competent authority, amending the immigration status of a foreign person according to the legal system.
4. travel documents. Documents recognized by the plurinational State of Bolivia as proof of a person's identity when it enters, is en route, stays or leaves the national territory.
5. emigration. Act by which national migrants and foreign migrants out of the plurinational State of Bolivia with the purpose of settling in another State.
6. educational institution of higher education. He is understood as educational institution of higher education, public and private universities, colleges of education, technical, technological and artistic institutes.
7 alien or foreign. Person who being a national of a State, does not have the citizens recognized by the plurinational State of Bolivia.
8. border. Imaginary, defined limit conventionally, that separates two adjacent States.
9 undocumented. Foreign migrant person who does not possess documentation that reliably accrediting their identity and immigration status.
10 as inadmissible. Administrative act of refusal of entry of a foreigner into the territory of the plurinational State of Bolivia, carried out by the competent authority in accordance with current immigration regulations.
11 immigration. Act by which foreign nationals entering the plurinational State of Bolivia in order to remain in the same.
12 immigrants in an Irregular situation. Foreign person who having freely decided to move to the plurinational State of Bolivia, in breach of the rules of admission, transit or stay current.
13. migration. It is the free Act of a person or group of people to move from one State to another; for the purposes of this Act, move of the plurinational State of Bolivia to another State, moving from another State to the plurinational State of Bolivia.
14. labour migration. Voluntary movement of people from a State to another for purposes of work, be temporarily or permanently.
15 migrant. Person who individually or with your family you decide freely and for various reasons, moving from one geographic place to another; for the purposes of this Act, the person you decide to freely move from one State to another.
16. climate migrants. Groups of people who are forced to move from one State to another by climatic effects, when there is a risk or threat to his life, either by natural causes, environmental, nuclear, chemical disasters or famine.
17. Irregular migrants. Foreign migrant person who breaches the rules of admission or permanence of the plurinational State of Bolivia.
18 nationality. Legal link between a person and a State, whose rights and obligations are recognized by the legal system.
19 transit. Scale duration varied on the journey of a person between two or more countries.
20 crew. A person who is part of a crew serving in transportation.
21 passport. It is the document that identifies the person as national of the State which issued it.
22. family unity. The guarantee granted by the State for the protection of the family and its reunification, composed of a group of people United by a bond of kinship to the first degree of consanguinity, filiation, adoption or legal guardianship.
23. visa. Authorization issued by the competent authority for admission or permanence of a foreign person to national territory.
TITLE II INSTITUTIONAL FRAMEWORK CHAPTER ONLY COMPETENT BODIES ARTICLE 5. (COMPETENT AUTHORITIES).
I. the Ministry of Government is the authority responsible for the formulation and implementation of public policies and planning in the field of migration.
II. the Ministry of Foreign Affairs will be responsible for the coordination of the national policy of protection, care, bonding, and return of the Bolivian and Bolivian abroad.
ARTICLE 6. (NATIONAL COUNCIL OF MIGRATION).
I. the national migration Council is the instance of coordination, cooperation, communication and information policies and immigration proceedings and is made up of the Ministers or Ministers of Government, Foreign Affairs, and labour, employment and Social Welfare.
II. the National Migration Board may convene other public entities when required them to address issues within its competence.
III. the national migration Council will establish the bases and criteria for public policy in the field of employment and social integration of migrants, seeking through the technical secretariat, the information and consultation of the delegate or delegates of municipal, departmental, regional autonomous governments and native indigenous peasants, when appropriate and be duly summoned; representative of the Ombudsman, armed forces and Bolivian police and civil society of recognized work in the immigration field, when they were convened expressly or formally request it.
IV. the technical secretariat of the national migration Council, is the body of permanent coordination of the national migration Council, will be in charge of the Director or the Director-General of migration and will have the support of a technical team of professionals and specialists in the area, to perform the tasks assigned to the national migration Council.
V. The National Migration Board shall adopt regulations that norme operation.
ARTICLE 7. (DIRECTORATE-GENERAL OF MIGRATION).
I. the General Directorate of migration is an organ of decentralized public law of the Ministry of Government, with an own structure and national jurisdiction under the tutelage of the Ministry of Government.
II. the General Directorate of migration has the following powers and responsibilities: 1. manage migratory policies, plans, programmes, projects and national migratory strategies.
2 manage the migratory regime at national level.
3 manage the issuance and control of ordinary passports.
4 manage the national registry of foreigners and the national registry of rootedness.
5. granted in favor of the people refugee them documents of travel and visa of permanence indefinite.
6 grant, annul, cancel final stays.
7 grant, annul, cancel or extend the temporary stays.
8 write off from payment of fines for sanctions, according to the grounds laid down in the regulation of this law.
9 meet the mandatory exit of aliens not included in situation of political asylum seekers or refugees that, directly or indirectly violated the political Constitution of the State and the laws of the plurinational State of Bolivia or incurriesen in the grounds for compulsory exit.
10 grant and recognize the Bolivian nationality according to the provisions of the political Constitution of the State and legal system.
11 regularize stays temporary or definitive.
12 plan, execute and monitor the programmes of control of foreign persons who are in transit through the national territory and who benefit from temporary or permanent stay.
13 create and control migratory border posts.
14 jobs service and immigration control.
15 meet and resolve against resources that will stand against the administrative acts issued by the General Directorate of migration.
16. develop and approve technical and operational provisions in immigration matters.
17 sign agreements or inter-institutional agreements with agencies of international cooperation or diplomatic representations, through the Ministry of Government.
18 pick up technical and financial assistance.
19 appoint, promote, or remove the dependent personnel.
20 monitor and punish individuals and legal persons that have relationship with the migratory movement.
21 information from public and private entities that are required in the exercise of their functions.
22 manage information and migration statistics for a correct design of public policies, ensuring the availability of indicators differentiated by gender.
23. the General Directorate of migration is empowered to make payments according to tariffs migration and aliens.
24. the General Directorate of migration shall establish rates and tariffs by immigration services in accordance with the regulations of this law.
ARTICLE 8. (DEPARTMENTAL ADMINISTRATIONS).
I departmental administrations and regional migration, settle down to make operational functions in the process of migration, immigration, passports, immigration control and rootedness, in accordance to this law and its regulation.
II. the General Directorate of migration may establish regional offices and departmental administrations departments, according to growth and needs.
III. departmental and regional authorities will act according to the competence and powers referred to in this Act, its regulations and the instructions of the Directorate General of migration.
ARTICLE 9. (UNIT POLICE IMMIGRATION CONTROL). The police unit of Immigration Control, is an operational police unit, comprised of trained personnel in the Bolivian police, exercising their functions under the organic unit of the General command of the Bolivian police, administrative unit of the Ministry of Government and operational unit of the Directorate-General for migration, declared on secondment in the Bolivian police, whose powers and functions shall be established in the regulation of this law.
ARTICLE 10. (FINANCIAL RESOURCES).
I. the General Directorate of migration, to be part of the organic structure of the Ministry of Government, does have resources from the annual budget allocations to the General Treasury of the nation? TGN, which assigned to the Ministry of Government. The resources raised by the Administration and control immigration and aliens on the application of respective tariffs, constitute own resources of the Ministry of Government.
II. the General Directorate of migration can search for sources of financing and cooperation, either internal or external, in order to improve their specific functions, and must sign any agreement or acceptance on them, by the Ministry of Government, failing to make the Directorate-General for migration directly.
ARTICLE 11. (OBLIGATION TO REPORT).
I public and private institutions have an obligation to provide the information, responsible officer to the Directorate General of migration.
II. any limitation or reservation of the information must be specific and be regulated by legal express provision, identifying the level of limitation.
TITLE III RIGHTS, DUTIES AND GUARANTEES OF FOREIGN MIGRANTS CHAPTER I RIGHTS OF FOREIGN MIGRANT WORKERS ARTICLE 12. (RIGHTS).
I. the foreign migrants enjoy under equal conditions as the nationals of the rights recognized in the political Constitution of the State, the laws and the international instruments which the Bolivian State is a party.
II. the State guarantees to migrants foreign, the exercise and enjoyment of the following rights: 1. the migration on the basis of the principles of universality, equality and reciprocity.
2. to health, sexual and reproductive rights.
3. to a habitat and adequate housing.
4. to work, to social security, services and basic social benefits; to exercise an activity remunerated by account or self-employed, according to the provisions of this law.
5. to access a basic and higher education.
6. to individual or collective, oral or written request for prompt and timely response.
7. on freedom of residence, permanence and circulation throughout the Bolivian territory, within the framework of the legal system.
8. to family reunification with parents, spouses, dependent children or children with disabilities.
9. to cover municipal elections according to specific regulations.
10. to request and receive shelter, in the framework of the legal order, treaties and international conventions ratified by the plurinational State of Bolivia.
11. to freedom of thought, spirituality, religion and cult.
12. to express and disseminate freely thoughts or opinions.
13. to access the information in accordance with law.
14. to establish and join associations with the limitations set forth in the political Constitution of the State, the laws and the regulations in force.
15. to to prevent gender-based violence and situations of vulnerability suffered by women because of their migrant status.
III. the right to express and disseminate freely thoughts and opinions, will be limited in the following circumstances: 1. for well-founded reasons of national security and public order.
2. in the case of any form of political propaganda or internal or internal or international armed conflicts against interference.
3. when any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence is exercised.
ARTICLE 13. (BENEFIT IN THE PROVISION OF IDENTITY CARD). The foreign residents in Bolivia with over 60 years of age, who have permanent residence for more than 15 years continuous, may obtain identification card of identity for foreigners with indefinite validity.
CHAPTER II DUTIES OF FOREIGN MIGRANTS ARTICLE 14. (DUTIES).
I. the foreign nationals that are in the national territory, must comply with the provisions of the political Constitution of the State, the present law and the law in force.
II. foreign persons are subject to the fulfillment of the following duties: 1. comply with the requirements and conditions that the State requires for entry, transit, stay and departure, in accordance with this Act and its regulations.
2 maintain the authorisation of permanence in the country.
3 submit to the competent authorities of identity and travel documents when they need it is.
4 meet the tax obligations of social security, according to the applicable regulations in these matters.
5 comply with the payment of amounts for immigration procedures and penalties where appropriate.
6 presented to the immigration authorities upon written request and within a period specified by it.
7. respect rules and procedures, symbols, traditions religious and cultural partner in the plurinational State of Bolivia.
8 care and respect mother earth, the environment, biodiversity and natural resources.
9. inform the competent authority change of address or other relevant, at the time of the renewal or obtaining immigration documents.
CHAPTER III GUARANTEES
ARTICLE 15. (CONSTITUTIONAL GUARANTEES).
I. the migrant person foreign to enter or remain, temporarily or permanently in the plurinational State of Bolivia, will have the guarantees provided for in the political Constitution of the State and the legal system.
II. organizations of Defense of immigrants, constituted legally in the plurinational State of Bolivia and registered with the Directorate General of migration, collaborate in the protection of the rights of immigrants.
III. the foreign migrant is entitled to the assistance of an interpreter, if not speaking the language with which judges.
TITLE IV TRAVEL DOCUMENTS, VISAS, VISA CLASSIFICATION, ADMISSION AND REJECTION AS INADMISSIBLE CHAPTER I ARTICLE 16 NATIONAL AND FOREIGN MIGRANTS TRAVEL DOCUMENTS. (NATIONAL MIGRANTS TRAVEL DOCUMENTS).
I to leave the national territory, the Bolivian and Bolivians must submit the following documents: 1. valid passport and valid or;
2 identity card, valid and in force, according to international conventions.
II. for entry to national territory stocks or Bolivians must submit any document proving your identity and nationality Bolivian or in exceptional cases consular laissez-passer.
III. in addition to the requirements set out in paragraph I of this article, girls, children and adolescents must comply with the requirements and obligations established by law.
ARTICLE 17. (FOREIGN MIGRANTS TRAVEL DOCUMENTS).
I to enter or exit to or from national territory, foreign migrants must submit the following documents: 1. valid passport and valid or;
2 national identity document valid and existing recognized in accordance with treaties, conventions and bilateral, multilateral or regional agreements or;
3. safe conduct to leave the national territory, in exceptional cases.
II. in addition to the requirements set out in paragraph I of this article, the parents or guardians of girls, boys and adolescents must comply with the requirements and obligations established by law.
ARTICLE 18. (PASSPORT). Foreign persons may enter, transit or leave the national territory carrying Alternatively, the following types of passports: 1. diplomatic passport.
2. official passport.
3. service passport.
4. current passport.
5 other, established through agreements or international agreements.
ARTICLE 19. (EMISSION).
I. the national current passports will be issued, registered and controlled by the General Directorate for migration, within the national territory; for the Bolivian and Bolivian abroad, issuing and printing of this document will be held in coordination with the Bolivian consular representations, according to regulations of this law.
II. the passports diplomatic, official and service for nationals, will be issued by the Ministry of Foreign Affairs, according to the regulations of this law.
CHAPTER II CLASSIFICATION AND CANCELLATION OF VISAS FOR FOREIGN MIGRANT WORKERS ARTICLE 20. (VISAS).
I. the visa is issued for the plurinational State of Bolivia, through a Consular representation accredited abroad by the Ministry of Foreign Affairs.
II. visa empowers the foreigner migrant to arise in a Bolivian border or airport position for its entry, in order to remain for a time computable from the date of entry.
III. the General Directorate of migration be issued entry visas for tourism or visit the plurinational State of Bolivia, when the foreign migrant person requiring it has not had access to a consular representation in your country or close to the same country, according to the regulations of this law.
IV. visas have the possibility of accessing the permanence of transitory or temporary in national territory, according to provisions of this law and its regulation.
V. The General Directorate of migration must expressly authorize via the most expeditious, the granting of visa to the consular representation which had received the request, within a maximum period of fifteen (15) business days.
VI. the visa granted to foreign migrant person, authorizing their entry to the national territory, is presumed to be valid, that are not justified reasons that suggest irregularity in obtaining or risk to the security of the State.
ARTICLE 21. (TYPES OF VISA).
I recognize the following types of visa: 1. diplomatic.
3. in transit.
4. of courtesy.
5 student: to) exchange agreement.
(b) to Exchange without agreement.
7 tourism or visit.
8 given object: to) work.
(b) transitional work.
(e) of a crew member.
II. the visa referred to in paragraph I of this article, except the 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 will be established through regulation of this law.
III. list of exemption and extension of visas, will be in charge of the Ministry of Foreign Affairs, pursuant to the international conventions on the subject and on the principle of reciprocity.
ARTICLE 22. (CANCELLATION OF VISAS). By administrative act, the competent authority, will cancel the visas in the following cases: 1. mandatory exit.
2. for extradition, unless you check the acquittal of the accused crimes.
3. When is check the existence of cases of fraud by the applicant to evade compliance with legal requirements that misleading in the issuance of a visa, event which is shall inform the fact the competent authorities.
CHAPTER III ADMISSION AND PROHIBITION OF ENTRY ARTICLE 23. (ADMISSION).
I. the General direction of migration, authorizes the entry of the foreign migrant person in the country according to the conditions and requirements established in this Act and its regulations.
II. foreign migrant who intends to enter the plurinational State of Bolivia, must do so by immigration control posts authorized for this purpose, be provided in the passport or travel document proving your identity, that is considered valid for that purpose pursuant to international agreements signed by the plurinational State of Bolivia and not be subject to express prohibitions.
ARTICLE 24. (IMMIGRATION CONTROL).
I. the Bolivian people or foreign to the time of arrival in the country, will be submitted to the corresponding record and immigration control at the airport and land border points. This control will be in charge of the Directorate-General of migration, in order to determine the regularity of your income.
II. foreign migrants who have entered the national territory will be subject to immigration control according to programmes and plans established by the Directorate General of migration, in order to verify their immigration status regular.
ARTICLE 25. (IRREGULAR INCOME). The entry into the national territory is irregular in the following cases: 1. entry to the country by not trusted place.
2 entering the country by place enabled evading or ignoring immigration control.
3. entering the country with false documents or without corresponding documentation.
ARTICLE 26. (PROHIBITION OF ENTRY).
I. Prohibition of entry into the national territory of a foreign migrant, is the administrative decision that the immigration authorities, the immigration check, carried out denies income by the grounds set out in paragraph II of this article, ordering their immediate return to the country of origin or to a third country that supports it. Does not come any further appeal against this decision.
II. the grounds for prohibition of entry to foreign migrants to national territory are as follows: 1. When do not have visa which appropriate, except as provided in the agreements and international conventions that exclude it.
2. When do not present the requirements and the documentation requested for admission or regularization.
3. when submitting fake or adulterated documents upon verification.
4. when had, been out compulsory in the country for violation of this Act except that the period of sanction for compulsory exit would have culminated.
5. when they are criminally pursued abroad and have command to capture or have been sentenced in the country by criminal offences and prior fulfilment of the penalty, and in accordance with the agreements and international treaties ratified by the State.
6. When would have been convicted of crimes against humanity, trafficking and trafficking in persons, trafficking in weapons, money laundering, traffic of controlled substances, genocide, war crimes, terrorism, pursuant to the agreements and international treaties ratified by the State.
7. when they have ordered criminal sentences and repeat offenders are foreign.
8 be registered in the archives of the international police.
III. are exempted from compliance with the provisions of the previous paragraph, seekers of refuge and
victims of crimes of trafficking and trafficking in persons, in addition to foreign persons who prove the family relationship to the first degree of consanguinity, filiation, adoption or legal guardianship with nationals, and consequently correct motives or causes that have resulted in the prohibition of membership, with the exception of the provisions in paragraphs 5, 6 and 7 of paragraph II of this article.
TITLE V STAYS AND CATEGORIES CHAPTER I STAY ARTICLE 27. (PERMANENCE).
I it is the authorization granted by the General Directorate of migration, the foreign migrant person to stay in Bolivian territory respecting deadlines, prior compliance with the requirements established in this Act and its regulations.
II. the stay may also be granted according to agreements and international conventions, ratified by the State.
ARTICLE 28. (CLASSES OF PERMANENCE).
I. establishing the following classes of permanence: 1. transient permanence by particular object: a) sightseeing or visit.
2. temporary stay;
3. permanent residence.
II. for the stays mentioned in paragraph I of this article, the extensions, requirements and procedures will be established by the present law regulations.
III. the permanence for refugees should be pursuant to the law Nº 251 of 20 June 2012.
ARTICLE 29. (TEMPORARY RESIDENCE). It is the authorization to stay or reside in the country temporarily for a maximum period of one hundred 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 awarded to foreign migrant workers who, having lawfully entered the national territory, so request it, according to the following categories: 1. stay temporary one (1) year, renewable for two equal periods.
2 temporary stay of two (2) years, renewable for one (1) year.
3. temporary stay of three (3) years.
4. humanitarian temporary stay of one (1) year, given to foreign migrant workers who, for reasons of force majeure, duly justified and beyond their control cannot comply with the requirements established by this law and its regulation for temporary stay.
ARTICLE 31. (PERMANENT RESIDENCE).
I it is the authorization to reside or remain in the country permanently, given to foreign migrant workers who have a minimum stay of three (3) years and expressly request it.
II. the permanent residence will be extended to the spouse, daughters and dependent children and parents in charge, without need for the minimal stay of three (3) years.
ARTICLE 32. (IRREGULAR PERMANENCE). The stay in the national territory is irregular in the following cases: 1. when the foreign migrant person, having legally entered the country, remains in the same once expired the term of stay granted.
2. when the foreign person having legally entered the country, does not have the authorization required to carry out the activity which is developing.
3 as well as the provisions of article 25 of this law.
ARTICLE 33. (CHANGE OF IMMIGRATION STATUS). Foreign migrants can change of immigration status, according to provisions of this law and its regulations.
ARTICLE 34. (IDENTITY CARD). Foreign migrants who stay temporarily or permanently, to obtain must obtain your identity card from overseas to the competent authority in the term and conditions set forth in the regulations.
CHAPTER II TERMINATION OF THE STAY ARTICLE 35. (CANCELLATION OF THE STAY).
I. the competent immigration authority has the right to cancel the transient, temporary or permanent, permanence of migrant foreigners when they incur on the following grounds: 1. by leave the national territory for longer than that provided for in the regulation of this law, without the authorization of the General Directorate of migration.
2. by facts or proven sham or fraudulent or malicious acts by those who would have obtained the permanence, which shall inform the competent authorities.
3. for unjustified breach to the issued express of regularization of their migratory status in the terms established by the competent immigration authority.
4. for the determination of compulsory departure issued by competent authority.
5. default to the object and the conditions that have led to the granting of tenure under a subsidized program total or partially either directly or indirectly by the State.
6. by engaging in one of the prohibitions contained in the articulo26 of the present law.
II. the General Directorate of migration, authorized an extension in time, serious personal or family health reasons, studies and fortuitous or force greater.
ARTICLE 36. (EXCEPTION TO THE CANCELLATION OF THE STAY).
I. the immigration authority, upon finding the family relationship to the first degree of consanguinity, filiation, adoption or legal guardianship, may not cancel the permanency of the foreign person under the principle of family unity, and this as a result of any breach of the provisions of this regulation, renew their tenure each year according to the requirements established in the regulations of this law.
II. as indicated in the previous paragraph shall not apply in the event that the Directorate-General for migration has arranged the obligatory exit of the foreign citizens according to the provisions of paragraph I, paragraphs 1 and 6 of article 38 of this law.
III. any foreign migrant person or relatives, that are part of a grouping may be subject to mandatory collective output, each case will be examined individually.
IV. the compulsory exit does not violate the rights purchased by the migrant, in accordance with national legislation.
TITLE VI COMPULSORY EXIT AND RE-ENTRY BAN CHAPTER ONLY ARTICLE 37 COMPULSORY EXIT. (COMPULSORY EXIT).
I. the General direction of migration, prior conduct of an administrative process, resolve the expulsion of foreign migrant person in the country.
II. the required output determines the foreign migrant to leave the national territory within the period of fifteen (15) business days its legal notification, upon application of the guarantees laid down in article 15de the present law. The deadline for re-entry into the national territory shall be determined according to the regulations of this law.
III. the compulsory exit is efectivizará when the resolution is enforceable, to the effect, the General Directorate of migration will be the transfer of the foreign migrant to the country of origin or to a third country that supports it. In any case the foreign migrant will be forced to leave the territory of the State to a country, which for good reason there is danger or risk their lives and integrity.
IV. If as the mandatory exit effect will affect rights of girls, boys and adolescents, the Directorate-General for Migration shall communicate immediately the case the defender of children and adolescents and the consular representation of the country of origin in cases that correspond.
V. If foreign migrant were pursued criminally abroad with commandment of capture, the Directorate-General for Migration shall forward this to the competent authority.
VI. in the event that the foreign migrant commits acts which disturb public order, as is has no enforceable mandatory output resolution, the Directorate-General for migration will be the competent authority.
ARTICLE 38. (GROUNDS OF COMPULSORY EXIT).
I mandatory exit proceeds by the following causes: 1. have gone in or out irregularly to the national territory or and not have regularized their immigration status, in breach of an issued and notified within the time limits established by the immigration authorities, except for the citizens who have established their legal domiciles in border areas and who have the documentation that accredits the end.
2 have remained in national territory irregularly without having regularized their immigration status, in breach of an issued and notified within the time limits established by the immigration authorities.
3 have been convicted without rehabilitation, for crimes against humanity, trafficking and trafficking in persons, arms trafficking, money laundering, controlled substances, genocide, war crimes and terrorism, pursuant to international conventions and treaties.
4 have been liable to compulsory departure arranged legally without having met or if having met had not expired the term established therein should be temporary.
5 avoid border immigration controls.
6 submit fake or adulterated.
II. the General Directorate of migration shall suspend the compulsory exit in the event the person foreign migrant
demonstrate the family relationship to the first degree of consanguinity, filiation, adoption or legal guardianship with Bolivian person or Bolivian, provided the marriage or common-law union recognized by judicial authority had held prior to the fact that it motivated the output resolution mandatory, except as provided in paragraph 3 of paragraph I of this article.
ARTICLE 39. (PROHIBITION OF RE-ENTRY).
I mandatory departure implies the prohibition of re-entry into national territory of foreign migrant person temporarily or permanently and shall be calculated from the day of their execution time.
II. the Directorate-General of migration, by administrative act, fix the time limit for reentry to national territory of foreign migrant who has been subjected to compulsory exit, according to the seriousness of the cause that originated it and to the provisions in the regulation of this law.
III. the General Directorate of migration may reconsider the ban on re-entry serving causes of family reunification or humanitarian reasons duly proven.
TITLE VII NATURALIZATION OF FOREIGN MIGRANTS CHAPTER NATURALIZATION ONLY ARTICLE 40. (NATURALIZATION).
I. the naturalization is the legal process by which grant Bolivian nationality to a foreign migrant person, based on provisions of the political Constitution of the State and the legal system.
II. foreign migrant workers who acquire Bolivian nationality by naturalization, shall have all rights and obligations accorded by the laws the Bolivian and Bolivian of origin.
ARTICLE 41. (NATURALIZATION FOR PERMANENCE). To acquire Bolivian nationality foreign migrants, according to the provisions of paragraph I of the article 142 of the political Constitution of the State, must comply with the following conditions: 1. having to stay in the country for three (3) continuous years.
2 express their express will acquire Bolivian nationality and comply with the political Constitution of the State.
3. have a lawful activity in the country.
4 prove their nationality of origin.
5 comply with other requirements set out in the regulation of this law.
ARTICLE 42. (NATURALIZATION BY VÍNCULO FAMILY OR SERVICES).
I according to the provisions of paragraph II of the article 142 of the political Constitution of the State, may acquire Bolivian nationality foreign migrant workers who are residing legally for two (2) years in the country and are in one of the following situations: 1. having spouse Bolivia or Bolivian, daughters or Bolivian children, or Bolivian surrogate parents. Nationality will not be lost in the event of widowhood or divorce.
2. that it provide military service in Bolivia, at the required age and according to the law.
3 for his services to the country to obtain Bolivian nationality granted by the plurinational Legislative Assembly through law.
II. requirements for each of the situations will be established in the regulation of this law.
TITLE VIII RESPONSIBILITY OF PASSENGER TRANSPORT SERVICE OPERATORS, TRAVEL AGENCIES AND TOURISM, HOTELS, HOSTELS, RESIDENTIAL, HOTELS AND EDUCATIONAL INSTITUTIONS CHAPTER I INSPECTIONS AND OBLIGATIONS ARTICLE 43. (INSPECTIONS). The General Directorate for migration and/or departmental administrations, periodically carried out inspections to providers of transport services for national and international passengers, travel agencies and tourism, hotels, hostels, residential, accommodations, workplaces and institutions of higher education in vocational training, with the aim of verifying compliance with this Act.
ARTICLE 44. (OBLIGATIONS OF THE PASSENGER TRANSPORT SERVICE OPERATORS). National and international passenger transport service operators have the following obligations: 1. provide transportation service to the foreign migrant, prior requirement for travel documents and visa if applicable.
2. provide advance lists of registration of passengers and crew, in the term and form established by the Directorate-General for migration.
3 grant to all passengers who enter or leave the national territory, the documents required by the General Directorate for migration and instruct them in its filling and delivery.
4 provide that crew members and international passenger transport service staff have the travel documents and visas if applicable.
5 to provide the immigration authorities to the nationals deported or inadmitidos in other countries, they arrive to national territory and provide all relevant documentation.
6 transport charge, outside the national territory to foreign migrant persons inadmissible for the reasons set out in paragraphs 1 and 2 of paragraph II of article 26 of this law or subject to mandatory exit, to the country of their last origin, of origin, or to a third country that welcome it.
7. prioritize vacancies in the transport of relatives in the first degree of consanguinity, filiation, adoption, legal guardianship when one of the members has been subject a compulsory departure or as inadmissible. To this effect the cost of tickets will be in charge of the family.
ARTICLE 45. (TRAVEL AGENCIES AND TOURISM). Managers of travel agencies and tourism have the following obligations: 1. require the foreign migrant person to present the travel document valid and in force, with the corresponding visa if the case warrants, to provide emerging services of its activity.
2 provide lists of records of foreign migrants entering national territory as tourists, in the term and form established by the Directorate-General for migration.
ARTICLE 46. (HOTELS, HOSTELS, RESIDENTIAL AND ACCOMMODATION). The owners or managers of hotels, hostels, residential and accommodation that provide accommodation to foreigners, have the following obligations: 1. require the foreign migrant person to present existing and valid travel document, to provide emerging services of its activity.
2 provide lists of records of foreigners which granted accommodation in its establishment, term and form established by the Directorate-General for migration.
3. provide lodging in charge, at the request of the Directorate-General for migration to any foreign person subject to compulsory exit, in exceptional situations according to the regulations of this law.
ARTICLE 47. (HIGHER EDUCATION INSTITUTIONS OF VOCATIONAL TRAINING). you responsible for higher education in vocational training institutions have the following obligations: 1. students require foreign and foreign, parents, tutors or guardians in cases where applicable, at the time of registration, documents of identification and the respective visa or stay current, if applicable.
2 provide lists of records of foreign migrants registered at the educational entity, within the term and form established by the Directorate-General for migration.
3. register in the institutions of higher education in vocational training, foreign students and foreigners who do not have the required documentation at the time of registration, every time that not is can deprive the student the right to education, established in the political Constitution of the plurinational State of Bolivia, being payable after a certain time the regularization of their migratory status.
TITLE IX EMPLOYMENT PROTECTION FOR FOREIGN MIGRANT WORKERS CHAPTER ONLY RIGHTS OF THE MIGRANT WORKERS ARTICLE 48. (EMPLOYMENT OF FOREIGN MIGRANTS).
I foreign migrant workers supported and authorized in the plurinational State of Bolivia, with transient, temporary or permanent stay, may develop any task or activity remunerated or gainful, self-employed or dependent relationship, enjoying the protection and rights of the laws governing the employment regime and social security.
II. the employers and employers are required to strictly comply with the labour legislation and is will not affect acquired rights or social benefits that correspond to foreign migrants, for the work that would have been paid, regardless of their immigration status.
III. companies that provide services in Bolivian territory and who have foreign staff, should be guided to Bolivian legislation and the regulation of this law.
ARTICLE 49. (RIGHTS OF WOMEN WORKERS AND MIGRANT WORKERS). Workers and migrant workers in addition to the rights set forth in the political Constitution of the State, international instruments on human rights ratified by the State and national laws, shall have the following rights: 1. to be informed by the competent authorities of the State of all conditions applicable to their admission and particularly those concerning their residence.
2. to freely choose their remunerated activity or seek other employment in the case that has ceased its activity.
3. to participate in equal opportunities in labour associations and unions, except in situations which may affect public order or the security of the State.
4. to not be subjected to servitude, slavery, exploitation or forced labour.
5. to the consular or diplomatic authorities of their country of origin, are informed in the event of their arrest or detention.
6. in the case of a compulsory exit from the country, the worker or migrant worker shall receive the payment of accrued wages, social benefits and other benefits are owed him.
7 to transfer their earnings and savings, in particular the funds necessary for the livelihood of their families, either to their country of origin or to any other, in accordance with current national regulations and international agreements.
8. the migrant foreigners on condition of students may exercise remunerated full-time partial activities or duration, in so far as it does not limit the pursuit of studies.
9. the other rights recognized in conventions, treated, labour and social security, bilateral, regional or international agreements ratified by the plurinational State of Bolivia.
10. to to prevent the discrimination of gender, the vulnerability of informality, temporality, the divide wage with domestic workers, sexual harassment and workplace harassment on grounds of sex, promoting access to information and social support networks.
ARTICLE 50. (DUTIES).
I workers and migrant workers and their families, in addition to the provisions of article 14 of this law, have the following duties: 1. to know, respect and comply with the conventions, treaties on labour matters and social security bilateral, regional or international agreements ratified by the plurinational State of Bolivia.
2. to obtain and maintain existing visa authorizing its permanence for work in the country, where appropriate.
3. to regularize their immigration status by meeting the requirements and procedures set out in the existing legal order, in the case that you are performing paid or profitable, either by or self-employed, with or without dependent relationship.
ARTICLE 51. (PROHIBITION OF WORK). Foreign migrant workers who are in as tourists or visitors in the country, may not work or perform paid or profitable, either by or self-employed, with or without dependent relationship, unless express authorization from the Directorate General of migration on humanitarian grounds.
TITLE X BOLIVIAN AND BOLIVIAN ABROAD CHAPTER I SUPPORT IMMIGRATION FREEDOM ARTICLE 52. (GUARANTEE OF APPLICATION OF PRINCIPLE). The plurinational State of Bolivia will urge the States in which they reside Bolivian and Bolivian, to implement the principle of equality of treatment and reciprocity to our fellow nationals with nationals of those States.
ARTICLE 53. (SIGNING OF AGREEMENTS). The Ministry of Foreign Affairs, through its diplomatic and consular representations, will promote the signing of conventions and mechanisms for consultation in the areas, bilateral and multilateral, to develop better possibilities of transit and stay for the Bolivian and Bolivian, 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 ORGANIZATIONS). The Ministry of Foreign Affairs, through its representations in international bodies, manage and promote the necessary changes in the field of international regulations, to the appropriate recognition of the rights of migrants and women and migrant workers, in the framework of a new reality of the transit and stay of persons in host countries through the States.
ARTICLE 55. (ASSISTANCE IN INTERNATIONAL CRIMES). The Ministry of Foreign Affairs, through its diplomatic and consular representations, 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, the persecution and punishment of international crimes, through mechanisms of international legal cooperation.
ARTICLE 56. (PUBLIC ACCOUNTABILITY OF ACCOUNTS AND EVALUATION OF MANAGEMENT RESULTS).
I. the Ministry of Foreign Affairs in their public accountability, will inform developments managed in terms of conventions and adequacy of international legislation on immigration and consular matters.
II. the diplomatic and consular representations, will be public accountability and evaluation of management results, with respect to the degree of fulfillment of the precepts set forth in this title, as appropriate.
III. public accountability will be to the semi-annual least twice a year, in a way, in a clear and understandable, in public act widely convened for the purpose and with the participation of the people in the host country.
CHAPTER II PROTECTION OF RIGHTS ARTICLE 57. (PROMOTION AND PROTECTION OF RIGHTS).
I. the Ministry of Foreign Affairs, through its diplomatic and consular missions, will promote respect for and protection of the fundamental rights of the Bolivian and Bolivian abroad, in addition to present to the authorities of the country wherever they may be, the appropriate actions to ensure respect for the rights and interests of natural persons mainly with legal persons where appropriate , in accordance with the principles and norms of international law.
II. in addition, consular missions will attend to the Bolivian and Bolivian in: 1. the allocation and management of public documents, which ensure the exercise of their fundamental rights.
Do 2 assist in the registration and democratic participation in the electoral processes of the plurinational State of Bolivia on the outside, in charge of the Supreme Electoral Tribunal? TSE.
3. the implementation of mechanisms for monitoring the situation of the nationals arrested or sentenced in prisons abroad, ensuring the accomplishment of their rights and fundamental guarantees through other procedures.
4 assist in the repatriation of human remains of deceased Bolivians abroad, mainly to families of extreme vulnerability and precarious economic situation.
5 responsible, in cases falling within its knowledge, the well-being of children and adolescents Bolivian and Bolivian placed for international adoption, in coordination with the relevant bodies.
6 open spaces of allegations of rape to rights, mainly women, and can denounce harassment sexual, labour and other forms of violence, and from consulates, ensuring training and sensitization of the consular staff on the rights of women migrants, to effect its referral to the competent authorities.
7. legal guidance on the local regulatory system and, if applicable, to ensure with the defence of ex officio of the recipient country.
8. assistance in efforts towards authorities of charities of the recipient country, international organizations and non-governmental organizations for humanitarian purposes, in favour of those who are in situation of street or extreme vulnerability.
9. assistance to those who are victims of natural disasters and States of war or international crimes.
10 make sure the location or location of people in his constituency, at the request of family members or the relevant authorities of the plurinational State of Bolivia. To facilitate this work, the Bolivian and Bolivian people must register in the respective consular offices.
11 to assist in efforts to authorities of the recipient country, in the processes that initiate our fellow nationals for the return of their contributions to social security.
III. the consular section by diplomatic representations and consulates, shall keep a record of the Bolivian and Bolivian abroad, through the Ministry of Foreign Affairs consular system.
ARTICLE 58. (REGISTRATION OF PEOPLE BORN ABROAD).
I. persons born abroad of Bolivian mother or Bolivian father, can be registered and obtain his birth certificate in the consular offices of the plurinational State of Bolivia on the outside, up to age eighteen (18) years of age.
II. persons born abroad of Bolivian mother or father Bolivian which have not been registered until the eighteen (18) years of age in the respective consulates abroad, shall be carried out in the country, the process or procedure for obtaining of the Bolivian nationality by Bolivian mother or father Bolivian, in accordance with the legal provisions contained in the political Constitution of the State and the legislation in force.
ARTICLE 59. (PROTECTION, CARE, BONDING AND RETURN). The National Council of migration, through the relevant ministries, will generate effective policies of protection, care, bonding, return and reintegration of the Bolivian and Bolivian abroad, which voluntarily requested his return to the country and make it known to the respective diplomatic and consular missions of our country abroad.
ARTICLE 60. (RETURN OF BOLIVIAN AND BOLIVIAN). The plurinational State of Bolivia, to
through the Ministry of Foreign Affairs, specifically their diplomatic missions and consular, helps in the implementation of plans, programmes or projects which have been coordinated with other government agencies for repatriation or return of Bolivian and Bolivian people and their families to the country, when they are requested an organized, for which purpose may sign agreements or agreements with international governmental organizations or NGOs specialized in the subject matter.
ARTICLE 61. (FACILITIES FOR RETURN).
I. the Bolivian the Bolivians who wish to qualify for the benefits of the return, may do so for the one and only time and must comply with the following requirements: 1. submit an application that manifest their will and decision to return to Bolivia before a consular representation.
2 have remained on the outside not less than two (2) years immediately preceding and verifiable at the date of the filing of the request for return to the country.
II. the Bolivian and Bolivians who receive the benefit of return to reside permanently in the country, will be released from the payment of all customs tribute of importation, that severe confinement in the country of the following assets: 1. personal effects and household pet, same which may include clothing, furniture, appliances and accessories of normal use in a House that corresponds to a family unit and includes your machines equipment and tools used in their work.
III. for purposes, this article will be regulated according to the provisions of the law N ° 1990 of 28 July 1999 - customs law and its regulations, the law N ° 165 August 16, 2011 - General transportation law, and other existing sector regulations.
ARTICLE 62. (CERTIFICATION OF TRADE OR OCCUPATION). The Bolivian and Bolivians who to use the benefit of return, once registered the application for return at the Bolivia consulates abroad, may submit to the Ministry of education, based on their work experience, prior accreditation of it, to extend him a certificate of competence that allows access to a job.
ARTICLE 63. (ACCESS TO EDUCATION). The Ministry of education, in coordination with departmental education directorates, will prepare a protocol to avoid the drop out or repeat the school year of girls, boys and adolescents who return to the country, and that their parents or guardians do not meet all or part of the documentation required for access to education.
ARTICLE 64. (EXCEPT FOR THE PROCEDURE). The Bolivian and Bolivian people who would have been hit by severe natural disasters in the place which is situated and who for this reason return to Bolivia, be entitled to the benefit of return regardless of customs, being exempted from any prerequisite. The corresponding diplomatic missions must inform the Ministry of Foreign Affairs about the characteristics of the events.
TITLE XI MIGRATION BY CLIMATE CHANGE ONLY CHAPTER ARTICLE 65. (MIGRATION BY CLIMATE CHANGE). The national migration Council will promote the signing of conventions and international agreements on issues of climate and environmental change with different States, for the protection of affected Bolivians; also will coordinate public policies that enable, if necessary, the admission of populations displaced by climatic effects, where there is a risk or threat to the life, and whether by natural causes or environmental, nuclear, chemical disasters and famine.
TITLE XII ADMINISTRATIVE INFRINGEMENTS AND SANCTIONS CHAPTER I INFRACTIONS AND SANCTIONS ARTICLE 66. (PUNITIVE POWER). The Directorate General of migration, will exercise sanctioning powers by the Commission of administrative offences in immigration matters, subject to the provisions in the legal system.
ARTICLE 67. (INFRACTION).
I incurred in administrative offence in immigration matters, people natural and legal, national and foreign which fail to comply with the obligations laid down in the legal system.
II. Administrative infringements in immigration matters are classified as minor, serious and very serious, and it will be determined by regulation of this law.
CHAPTER II SANCTIONS ARTICLE 68. (SANCTIONS). The violations described in the preceding articles shall be punished with compulsory exit or fine, whose amount by type of violation, shall be determined by regulation of this law.
ARTICLE 69. (EXCEPTION TO REFUGE-SEEKERS AND VICTIMS OF TRAFFICKING AND TRAFFICKING IN HUMAN BEINGS). Refuge seekers and victims of trafficking and trafficking in human beings, shall not be subject to any of the penalties established in the preceding article and will receive the treatment that is in accordance with treaties, conventions, agreements and applicable national and international regulations.
TRANSITIONAL PROVISIONS FIRST. The enactment of this law, the Executive branch in one period not exceeding ninety (90) days will issue a Supreme Decree of Amnesty and immigration regularization.
THE SECOND. Administrative procedures in course will be processed and resolved in accordance with the regulations in force at the time of its initiation, unless the person concerned expressly requests the application of this law.
THIRD. Once enacted this law, the General Directorate of migration, in coordination with the NOCs mirrored national migration, within a period of ninety (90) days shall draw up the respective regulation.
-FOURTH. The Executive branch in one period not exceeding ninety (90) days from the enactment of this Act, approve the Supreme Decree which regulates regards the benefit of return, where appropriate.
SOLE ABROGATION AND REPEAL PROVISION. At the time of the full entry into force of this law, are repealed and repealed all provisions contrary to this law.
Refer to the Executive Branch, for constitutional purposes.
It is given in the plurinational Legislative Assembly Hall, to the 18 days of the month of April of two thousand thirteen years.
FDO. Lilly Gabriela MONTAÑO Viana Yusser Rolando Villarroel Garviso, Andres Agustin Villca Daza, Marcelina Chavez Salazar, Marcelo William Elio Chavez, Angel David Cortez Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, to the 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 and Foreign Affairs, Carlos Gustavo Romero interim Bonifaz, Aldo Ruben Saavedra Soto, Elba Viviana Caro Hinojosa, Luis Alberto Arce Catacora, Daniel Santalla Torrez, Arturo Vladimir Sánchez Escobar, Cecilia Luisa Ayllon Quinteros, Juan Carlos Calvimontes Camargo, Roberto Ivan Aguilar Gomez, Claudia clear Stacy Pena, Pablo Cesar Groux Canedo, Amanda Davila Torres.
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