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The Law Of The Home Team

Original Language Title: Kotikuntalaki

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Domestic law

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In accordance with the decision of the Parliament:

CHAPTER 1

General provisions

ARTICLE 1
Scope

This law provides for the determination of the resident status of the person's home and residence, as well as the resident population of a Finnish national who is normally resident abroad. (22.12.1995-1650)

According to this law, the municipality of residence and residence therein, as well as the resident population of Finnish nationals who are normally resident abroad, are listed in the law on the system of demography and the certification services of the Population Register Centre (12/2009) Of the population information system. The population information system shall also be registered as a temporary residence. (10/122010/1095)

Unless otherwise provided for by any other law, the provisions of this Act shall also apply where the State or municipal authority or the National Pensions Office makes decisions to which the person's home and the place of residence or the temporary residence of the person concerned resides. The place of residence has an effect.

CHAPTER 2

Absorption of residence and demography (22.12.1995-1650)

ARTICLE 2
Home municipality

The municipality of the person concerned is the municipality in which he resides with the exception provided for in this Act. The home of a newborn child is the municipality where his mother has a home when the child is born.

If a person has more than one dwelling at his disposal, or if he does not have a place at all, his municipality is the municipality which, in the light of his family relations, livelihoods or other similar circumstances, he himself considers to be his home and to which he/she is entitled: Is a fixed link on the basis of the above considerations.

If a person's own understanding of his home has not been established, his municipality is the municipality to which he/she has to be regarded as having a fixed link with his/her residence, family relations, subsistence and other similar circumstances.

ARTICLE 3
Repatriation restrictions

The household of a person shall not change if his/her residence in another municipality is mainly due to:

1) a job, study, illness or any other comparable reason for a maximum of one year;

(2) care in the care of the family or in institutional care or housing through residential services; (30.12.2010/1377)

(3) the presence of the sea as a member of the crew;

(4) the execution of a sentence in a penal institution;

(5) membership of the Parliament or of the State Council or public confidence; or

(6) the conduct of military service or civil service.

§ 3a (30.12.2010/1377)
Repatriation right in a long-term care

Notwithstanding Article 3 (2), where a person is assigned to family care, institutional care or residence in a non-residential area, he may choose to renew the municipality of the municipality in whose territory it is situated Or in the apartment she lives. The exercise of the right of appeal requires that treatment or housing be assessed to last for more than a year.

§ 3b (30.12.2010/1377)
Domestic change in certain situations

The home municipality of the person changes if he moves to another municipality in accordance with the Social Welfare Act Article 16a (710/1982) In the case referred to.

§ 4
Repatriation to the country

The home and residence of the resident and resident of Finland shall be determined in accordance with the provisions of this law if:

(1) he is a Finnish national;

(2) he has a foreign law (2003) A valid permanent or permanent residence permit;

(3) he is a national of a Member State of the European Union, Iceland, Liechtenstein, Norway or Switzerland and, in accordance with the provisions of the Aliens Act, has registered his right of residence in Finland if he is required to register such registration;

(4) he is a member of the family of a person who has a municipality within the meaning of this law in Finland; or

(5) he/she has a valid residence permit valid for a period of at least one year under the law on aliens and, in addition, the purpose of which is to remain permanently resident in Finland.

(30.3.2007/3)

The residence of the person referred to in paragraph 1 (5) shall take into account, inter alia, that:

1) he is of Finnish origin;

(2) has previously been a home municipality within the meaning of this law in Finland;

(3) he/she has a valid contract of employment or any other comparable statement in Finland for at least two years' duration of work or study; or

4) has been habitually resident in Finland continuously for at least one year after immigration.

(30.3.2007/3)

However, a person who is employed by a diplomatic representation of a foreign country or a similar representation, or a seconded consul, does not have a municipality of residence in Finland unless he is a Finnish national or has not The municipality of Finland. In addition, the home municipality is not a member of the family of the person referred to in this article nor in his/her private service unless he is a Finnish national or an already resident of Finland.

§ 5
Repatriation from country to country

A person who has moved abroad for a longer period of one year does not have a municipality of residence in Finland. However, the municipality may be in Finland if, on the basis of his living conditions, the person has a closer relationship with Finland than in his foreign country of residence.

If a Finnish citizen who has moved abroad is a diplomatic or equivalent consular post of the Finnish State or a seconded consul at the office of the Office of the consul or seconded officers, his or her The home municipality of the family remains in Finland, however.

ARTICLE 6 (212.2005/956)
The municipality of residence in the Nordic countries

When a person moves from another Nordic country to Finland or from Finland to another Nordic country, in addition to the provisions of this law, the contract for the registration of the population between Denmark, Finland, Iceland, Norway and Sweden applies.

§ 6a (22.12.1995-1650)
Population accounting system

The population of a Finnish national who is normally resident abroad is the municipality which was last in Finland.

If the Finnish citizen has not had a municipality of residence in Finland, his population shall be determined by the mother, father or spouse, or by the depopulation, in that order. The municipality of Population is the municipality which, when he received Finnish citizenship, was his or her parents or husband's municipality of residence. If the parents or spouse did not have a municipality or a population accounting system in Finland, the population accounting system is Helsinki.

CHAPTER 3

Procedural provisions

§ 7
Reporting obligation of the converter

When a person changes the municipality or of the place of residence there, he shall, at least one month before the date of removal and, at the latest one week after the date of removal, inform the magistrate thereof. The notifying party may also, on behalf of the person who change the notification, change his/her family. The notification shall also be made in the cases referred to in Article 5 (2) and, if someone changes the apartment and does not have a permanent residence. Where a person is exercising his right to choose a municipality as provided for in Article 3a, in a situation where he has already been invested in family care, institutionalised care or housing services provided for in Article 42a of the Social Services Act, In order to reside in the territory of another municipality, the person must inform the court immediately of the exercise of the right of choice. (30.12.2010/1377)

The person referred to in paragraph 1 shall also be required to provide the municipality with additional information necessary for the purposes of determining the place of residence and residence there. (10/122010/1095)

The person shall also inform the master of his/her temporary place of residence if the residence lasts more than three months. The place of habitual residence shall apply mutatis mutandis, as provided for in paragraphs 1 and 2 above, as well as the place of residence of the municipality and the place of residence. (13.3.2003/219)

The obligation to provide information on persons and family information in the population information system is provided for by the Population Information System and by the Law on the certification services of the Population Register Centre. (10/122010/1095)

§ 7a (9.7.2004)
Migration and emigration declaration

The notification may be made in writing, by telephone, by electronic communications or in the context of a customer visit. Notification of immigration and migration must be made in writing or through electronic communications.

Otherwise, a declaration made in writing may be accepted only if the right to a notification can be verified and the notification can be considered reliable.

The notification shall include the name of the changing person, the identification number, the date of removal, the information on the apartment to which he amends, the other members of the household and the place of residence and the place of residence for the temporary place of residence, Information as well as information on the apartment management criterion. Other information relevant to the population information system may also be included in the notification. Information on changing family members at the same time may be given by means of a joint notification.

The removal declaration shall indicate the name of the person who changes the country, the identification number, the date of removal, the address abroad, the purpose of the exodus, the duration of the stay abroad, the rest of the country, the place of residence and the place of residence, as well as the temporary residence Shall be provided with the necessary information. Other information relevant to the population information system may also be reported in the context of the migration declaration. Information on changing family members at the same time may be given by means of a joint notification.

In addition to the information provided for in paragraphs 3 or 4, the purpose and duration of the temporary stay shall be shown in the temporary residence declaration for the temporary residence.

The Census Centre shall confirm the formulae of the declarations referred to in this paragraph.

Article 7b (10/122010/1095)
Notifications receiving the notification

An emigration and emigration report can be accepted by any of the samples. The decree of the Ministry of Finance may provide for more detailed provisions on the allocation of tasks relating to the reception of migration and removal orders between the magistrates.

Article 7c (9.7.2004)
Reception of the notification outside of the sample

The removal and removal declaration may also be lodged with the rest of the authority or entity other than the sample if it has been agreed with the authority or the Community. The Centre Party may, after consultation with the relevant magistrates, conclude an agreement with other authorities and entities with regard to the receipt and transmission of migration and migration declarations to the magistrates.

The transfer of the receipt of notifications to a non-Authority shall require that the receiving entity has sufficient resources and sufficient expertise and competence to carry out the task of the addressee.

The person receiving migration and expatriation reports shall be responsible for his/her duties in this regard. The management of the administrative law must be carried out in accordance with (2003) , language law (2003) , the Sami language (1886/2003) And the law on public authorities' activities (18/09/1999) Provides.

Article 7d (9.7.2004)
Agreement on the tasks relating to the reception of migration and exodus

The agreement on the receipt of migration and removal declarations shall agree at least:

(1) the scope of the tasks related to the receipt of notifications;

(2) the protection of personal data and information security;

(3) training and training of staff;

4) the allocation of costs;

(5) the validity and termination of the contract.

Article 7e (10/122010/1095)
Tasks related to the reception of migration and removal orders

The addressee shall verify that the notification contains the information referred to in Article 7a (3) to (5). In addition, if the notification is made by telephone, the consignee shall ensure that the notification fulfils the conditions laid down in Article 7a (2). Where the addressee of the notification is not a sample of samples, it shall transmit the information contained in the notification without delay to the sample referred to in Article 9 (4).

The notification received by any authority or entity other than the Register shall be deemed to have been made within the time limit provided for in Article 7, if it has been received within the time limit.

Article 7f (212.2005/956)

Article 7f has been repealed by L 2.12.2005/956 .

§ 8 (9.7.2004)
Other reporting obligations

Where appropriate, the owner of the building or his/her representative shall be obliged to provide the municipality with the determination of the place of residence and the place of residence there, the indication of the place of temporary residence and the verification of the data entered in the population information system Necessary, in possession of information in the building of dwellings or dwellings.

The State and municipal authority shall, where necessary, be required to provide the necessary information in its possession concerning the determination of the place of residence and of the place of residence of the municipality and of the place of residence there, the indication of the place of temporary residence and the For the purposes of checking data.

The owner and holder of the apartment shall be obliged, if necessary, to provide the municipality with the determination of the place of residence and the place of residence, the indication of the place of temporary residence and the verification of the data entered in the population information system. Necessary, in possession of the information in the apartment or dwellings.

§ 9 (10/122010/1095)
Conclusion on the home municipality and the population accounting system

Where the notification referred to in Article 7 has come to a sample, it shall bear, in accordance with the notification system, the entry and residence of the municipality and the place of residence or of the place of residence of the country of residence or temporary residence of the Finnish citizen. The population accounting system on the basis of a permanent migration abroad. However, an indication shall not be made if the notification appears to be contrary to facts or omissions or otherwise not to be able to produce a reliable indication. The marking shall be made or the necessary additional reports requested within three working days of the arrival of the notification. If the person does not have an apartment, he or she shall be entered in the population information system in the municipality without any permanent residence. If the address of the place of residence cannot be regarded as reliable, the population information system can only be designated as a home municipality.

Where a sample has been received from a person other than the person himself, or of a change of information about the change in the place of residence or of the place of residence abroad, it may enter into the population information system in accordance with that information if: Clearly that information can be considered reliable.

In the cases referred to in Article 6a (2), the identification of the population in the cases referred to in Article 6a (2) shall be made where the person's information is first entered in the population information system.

As a result of the notification, the necessary markings for the population information system can be made at any level of the sample. The tasks related to the award of the label may be allocated among the samples if necessary to improve the performance of the operations or to achieve a regionally balanced division of labour in the samples. More detailed provisions on the allocation of tasks will be laid down by a decree of the Ministry of Finance. The marking made by the label corresponds to the label.

§ 9a (10/122010/1095)
Residential residence mark in some cases

As a result of the notification, the necessary entries in the population information system may be made directly on the basis of the notification if the notification relates to the movement from one residence to another in the same municipality. However, it is required that the marking can be made without further explanation and the correct registration of the data can be verified by technical amendments. The repair of a clerical error or a clerical error in the label shall be equivalent to the property that the notifier has habitually resident in its territory. However, the tasks related to the correction of the error may be transferred to another sample if it is necessary to make it more efficient or regionally balanced division of labour in the landscape. More detailed provisions are laid down by a decree of the Ministry of Finance.

ARTICLE 10 (9.7.2004)
Date of change

The date of change shall be deemed to be the date if the notification has been made within one month of the change. If the notification arrives after this, the date of arrival shall be deemed to be the date of arrival. Where a maize tractor makes a change to the population information system on the basis of the information received from a person or a member of his family, the date of removal shall be deemed to be the date of entry.

Where a person exercises his right to choose a municipality as provided for in Article 3 (a) and, in that connection, makes the declaration provided for in Article 7 (1) on the exercise of the right to choose, the date of arrival shall be deemed to be the date of arrival. (30.12.2010/1377)

ARTICLE 11 (10/122010/1095)
Notification of hometown labelling

Where, on the basis of information received by the person concerned, the indication of the place of residence or place of residence made by the Register is different from that of the person concerned or if the entry has been made on the basis of information obtained from a non-migrant or family member, Indicate the relevant marking and the way in which it may be rectified or typed.

ARTICLE 12 (9.7.2004)
Obligation

If a moving person has failed to comply with the obligation to notify under this law or an obligation to provide additional information, he shall be obliged to fulfil his obligations within the prescribed period. If, on the basis of the notification to the Population Information System, it has not been possible to make the municipality and the place of residence or temporary residence there, the Registry shall require the notification to supplement the notification within the time limit. At the same time, the Maistraat must indicate that the omission does not prevent the marking or resolution of the marking. The obligation may be omnipresent for a specific reason.

In order to verify the determination of the right home municipality and of the place of residence there, the indication of the place of temporary residence or the verification of the information entered into the population information system, it shall oblige the owner of the building or his representative to: Within a period of time, information on dwellings or dwellings in the building and the information provided by the owner or holder of the apartment in the apartment or dwellings.

ARTICLE 13 (9.7.2004)
Periodic penalty payment

If the obligation under Article 12 (2) has not been complied with, the Register may impose a new obligation and a periodic penalty payment, as well as a periodic penalty payment, as in the case of the (1113/1990) Provides.

ARTICLE 14
Notification fee

Where a moving person has not complied with the obligation imposed pursuant to Article 12 (1) of the Register, a declaration fee of EUR 50 shall be imposed on him. The payment may be waived where the omission appears to have been due to reasons of an independent nature, or if the imposition of a charge would be manifestly unreasonable due to illness or similar cause. (9.7.2004)

The notice fee shall not be imposed on a 15-year-old. (9.7.2004)

The notification fee shall be enforceable without a judgment or decision, as is the case in the law on the levying of taxes and charges (2006) Provides.

L-enforcement of taxes and charges 367/1961 Has been repealed by L for the implementation of taxes and charges 706/2007 .

§ 15 (10/122010/1095)
Consultation

Where a change of notice has been made by a child under 15 years of age, the sample shall provide the child's guardians with an opportunity to report on the notification within the time limit. Where the notification has been made by a person aged 15 to 17 years, the Register shall, where appropriate, allow his guardians the opportunity to report on the notification within the time limit.

Prior to the payment of the notification fee, the Registry shall provide the person concerned with an opportunity to report on the matter within the time limit.

CHAPTER 4

Repair of subscription to the home municipality and the population accounting system (22.12.1995-1650)

ARTICLE 16
Repair of error

Where, pursuant to Articles 9 and 10, a residence, a place of residence or a place of residence, temporary residence or a population accounting system is based on an erroneous or incomplete report or on the application of the wrong law, the label shall: The Registry may, on its own initiative or at the request of the person concerned, rectify the error. Before repairing the error on its own initiative, the Register shall provide the person concerned with the opportunity to report on the matter within the time limit. Failure to comply is not an obstacle to the correction of the error. (9.7.2004)

Where a sample is corrected by a sample of its own motion, contrary to the opinion of the person concerned, or does not accept the request made by him for the correction of a clerical error, it shall, upon request, adopt a written decision with a view to appeal. (10/122010/1095)

§ 17
Correction of a clerical error

Where there is an obvious clerical error in the marking of a home or place of residence pursuant to Articles 9 and 10, or on the labelling of the population accounting system, its registered office shall, of its own motion or The requirement for the marking to be corrected. (9.7.2004)

The Maistraat shall inform the person concerned of its own initiative. (10/122010/1095)

CHAPTER 5

Appeals appeal

ARTICLE 18 (10/122010/1095)
Appeals against the Landscape

The person concerned may appeal for a change in the case of a penalty payment, the imposition of a penalty payment, the fixing of a declaration fee, and, in the case of a correction of the home and demographics, the amount of the contract for the repair of the subscription fee, as referred to in the Administrative Law Act. (18/06/1996) Provides.

However, a decision on the correction of a clerical error which has not been accepted for the correction of a clerical error shall not be subject to appeal.

§ 19 (10/122010/1095)
Appeals against the decision of administrative court

The person concerned may appeal against the decision under Article 18 of the Administrative Court by appeal to the Supreme Administrative Court as provided for in the Administrative Law.

However, the decision of the administrative court in the municipality of residence or of the population accounting system shall not be subject to appeal.

CHAPTER 6

Outstanding provisions

§ 20 (9.7.2004)

§ 20 has been repealed by L 9.7.2004/624 .

CHAPTER 7

Entry provisions

ARTICLE 21
Entry into force

This Act shall enter into force on 1 June 1994.

Before the entry into force of this Act, measures may be taken to implement it.

§ 22
Relationship with previous domicile rules

Where another law or regulation determines a person's right or obligation on the basis of the concept of domicile or other equivalent content referred to in the population data law, the home municipality, in accordance with this law, The place of residence or temporary residence.

ARTICLE 23
Transitional provisions

Where, at the time of entry into force of this Act, the register office is subject to an immigration or migration declaration, it shall be subject to the provisions of the Demographic Data Act as they entered into force when this Act entered into force.

If, at the time of the entry into force of this Act, a person had not been amended by the Population Information Regulation (886/93) Within the prescribed period, the provisions of this Act shall apply to his removal. However, no notification fee may be imposed on him.

Where, at the time of entry into force of this Act, the register office is subject to a review of the decision on migration, it shall be subject to the provisions of the Demographic Data Act as they entered into force at the time of this Act.

If, at the time of entry into force of this Act, the Court of First Instance or the Supreme Administrative Court has brought proceedings before the Court of Justice for a decision to lodge an appeal against the Office, the provisions of the Population Information Act as they were When this Act enters into force.

THEY 104/93 , HaVM 27/93

Entry into force and application of amending acts:

22.12.1995/1650:

This Act shall enter into force on 1 January 1996.

Before the law enters into force, measures may be taken to implement it.

Before the entry into force of this Act, a resident of a Finnish national who is normally resident shall be regarded as a local authority for the purposes of drawing up the electoral register of the constituency before the law enters into force.

THEY 175/95 , 4/95, No 161/95

13.3.2003/219:

This Act shall enter into force on 1 September 2003.

LA 49/2001, HaVM 17/2002, EC 36/2002

9.7.2004/624:

This Act shall enter into force on 1 September 2004.

Before the law enters into force, measures may be taken to implement the law.

THEY 67/2004 , HaVM 12/2004, EV 99/2004

2.12.2005/956:

This Act shall enter into force at the time of the Council Regulation. (L 956/2005 enters into force as of 1 January 2007 in accordance with A 1070/2006)

THEY 159/2005 , HaVM 17/2005, EV 136/2005

10.11.2006/957:

This Act shall enter into force on 1 March 2007.

Before the law enters into force, measures may be taken to implement the law.

THEY 229/2005 , HVM 16/2006, EV 118/2006

30.3.2007/399:

This Act shall enter into force on 1 September 2007.

THEY 206/2006 , HaVM 38/2006, EV 313/2006

9.11.2007-10:

This Act shall enter into force on 1 January 2008.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 56/2007 , HaVM 5/2007, EV 51/2007

10.12.2010/1095:

This Act shall enter into force on 1 January 2011.

Before the law enters into force, measures may be taken to implement the law.

THEY 180/2010 , HaVM 18/2010, EV 176/2010

30.12.2010/1377:

This Act shall enter into force on 1 January 2011.

THEY 101/2010 , HaVM 27/2010, EV 261/2010