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Law No. 25 Of December 17, 1969 * Republished Aliens In The Socialist Republic Of Romania

Original Language Title:  LEGE nr. 25 din 17 decembrie 1969 ***Republicată privind regimul străinilor în Republica Socialistă România

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LEGE no. 25 of 17 December 1969 *** on the regime of foreigners in the Socialist Republic
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 57 57 of 18 May 1972



Note * *) Republicated pursuant to art. III of Decree no. 131/1972 , published in the Official Bulletin no. 40 of 23 April 1972. + Chapter 1 General provisions + Article 1 In Romania foreigners have, under the law, the fundamental rights of Romanian citizens-except for political rights-, their civil rights, as well as any other rights recognized by law or by international agreements to which Romania is part. During their stay in Romania foreigners are obliged to respect the Romanian laws. + Article 2 They are foreigners, for the purposes of this law, people who do not have Romanian citizenship-whether they have a foreign citizenship or do not have any citizenship. + Chapter 2 Entry of foreigners in Romania + Article 3 Foreigners can enter the territory of Romania on the basis of documents for the passage of the Romanian state border, provided by law The documents for the crossing of the Romanian state border must be provided with the Romanian visa, which is granted by the diplomatic missions and consular offices of the Socialist Republic of Romania. Foreigners who want to visit Romania as tourists can enter the country on the basis of the tourist visa that is granted, on request, and by the checkpoints for the crossing of the Romanian state border. The documents for crossing the Romanian state border, issued by the competent bodies of another state, are exempt from the Romanian visa, in accordance with the international agreements to which Romania is a party. + Article 4 The foreigner can be refused entry to Romania, if: a) acted against Romania's interests or there are strong indications that coming to the country could act against the interests of the Romanian state; b) there are strong indications that they intend to enter the country to commit crimes; c) violated the norms regarding the regime of foreigners in Romania or customs, foreign exchange or those regarding the crossing of the Romanian state border; d) the right of residence in Romania was lifted, it was expelled or it is undesirable; e) does not prove that it has maintenance possibilities during the stay in Romania. + Chapter 3 Foreigners ' stay in Romania + Article 5 The legal provisions regarding domicile and residence established for Romanian citizens also apply accordingly to foreigners. The foreigner who enters Romania to establish himself with his domicile to establish his residence for a duration of more than 120 days will announce his arrival at the organ of the Ministry of Interior in the locality where he follows the domicilia or to have his residence, in days from the crossing of the Romanian state border, in order to take into account the Romanian identity document. The same obligation also have foreigners who entered the country, repeatedly, for personal interest, for a total duration of more than 120 days in a year. For the child under 14, the obligation to announce lies with the parent or other legal representative or his companion. Foreigners coming to Romania for a stay of less than 120 days are not obliged to appear at the organs of the Ministry of Interior to declare their residence. + Article 6 Foreigners who have reached the age of 14 are issued the following Romanian identity documents: a) identity card, for foreigners who establish their domicile in Romania; b) provisional card, for foreigners who establish their residence in Romania for a duration of more than 120 days. The child under 14 years is passed in the identity document of the parent or other legal representative or his companion. At the age of 14, foreigners are obliged to present themselves with the necessary documents to the local body of the Ministry of Interior, in order to obtain the Romanian identity document. + Article 7 The identity card is issued on the basis of the act of crossing the state border and civil status documents. The provisional ID is issued on the basis of the state border crossing act. + Article 8 The identity card shall be issued with a term of validity of 10 years and shall be aimed annually. The provisional card is issued with a term of validity for the period for which the stay in Romania was approved. + Article 9 At least 5 days before the expiry of the annual visa or the validity of the identity card, foreigners will present themselves to the local body of the Ministry of Interior in which they appear, for the annual visa or the issuance of a new carnet. The holder of the provisional card, who wants to obtain the extension of the term of stay in Romania, will present himself at least 24 hours before the expiry of its validity to the body provided for in the previous paragraph, for the issuance of a new identification or extension of the validity of the card. + Article 10 Any modification, addition or mention made on the identity card or on the provisional card by other organs than those of the Ministry of Interior is prohibited and attracts the nullity of these acts. + Article 11 A new identity card or a new provisional card shall be issued: a) on expiry of the validity period for which they were issued; b) to the name change; c) in case of cancellation; d) in case of destruction, damage, theft or loss. + Article 12 Within 48 hours of the lack of identity card or provisional identification, the holder of the act will notify the nearest organ of the Ministry of Interior. The person who finds an ID for foreigners will hand him over to the nearest organ of the Interior Ministry. + Article 13 The Romanian identity documents that have been issued to foreigners will be handed over, no later than 3 days after their erection, to the competent body of the Ministry of Interior, by: a) the body that ordered the arrest; if the measure was taken by the court, the obligation to hand over the documents lies with the body that executed the arrest; b) the civil status body, for the dead. + Article 14 Giving or receiving for safekeeping for any purpose the identity documents of foreigners, apart from the cases provided in art. 13, is prohibited. The prosecution body can keep the acts of the detained persons, during the time the detention lasts. + Article 15 The Romanian identity documents issued to the foreigner shall be withdrawn by the competent bodies of the Ministry of Interior, if: a) leave the country; b) the right of residence has been lifted in his country or is expelled; c) has acquired Romanian citizenship. + Article 16 The natural or legal person who provides a foreigner with housing for hosting or land for the installation of mobile accommodation is obliged to announce about the arrival and departure of it to the local body of the Ministry of Interior, in hours term. For the announcement the foreigner will be asked to complete a type record sheet, the content of which will be established by the Ministry of Interior. If it is found that the foreigner does not have a passport or other act of crossing the state border, identity card or provisional identity, the one to whom the hosting is requested is obliged to immediately notify the local body of the Ministry of Internal. + Article 17 The foreigner domiciled in Romania will announce to the body of the Ministry of Interior, in the record of which there is, any act or fact of civil status regarding his person, within the deadlines provided by law for Romanian citizens. The act or the fact of civil status intervened abroad will be announced when the foreigner found out about it, respectively on the date when he returned to Romania. + Article 18 For considerations of public order or state security, the Ministry of Interior may limit the movement of foreigners, as well as the establishment of their domicile or residence in certain areas or localities. The foreigner with domicile or residence in an area or locality of those provided in the previous paragraph shall be obliged, within the period set out in the communication to be made by the body of the Ministry of Interior, to change his domicile or residence in another locality. + Article 19 The foreigner who came to Romania for a temporary stay is obliged to leave the country at the end of the stay. The stay in Romania can be extended by the competent body of the Ministry of Interior. The request for extension will be made at least 24 hours before the expiry of the term of stay; in case of force majeure, it may also be made after the expiry of the term of stay, but no later than 24 hours after the end of the major force. + Article 20 The Minister of Interior can raise or limit the right of residence in Romania to the foreigner who violated the Romanian law, as well as to the one who through his attitude or behavior has prejudiced the interests of the Romanian state + Article 21 The foreigner temporarily in Romania who has been raised the right of residence is obliged to leave the country within 48 hours from the date when it was brought to his attention, and if his right of residence was limited, he is obliged to leave the country at Date fixed. The foreigner with domicile in Romania who has been raised the right to stay in the country is obliged to leave the territory of Romania within 60 days from the date when he was brought to his attention. If they do not comply with the provisions of the preceding paragraphs, the foreigner may be expelled by order of the Minister of the Interior. If the foreigner is not allowed access to the territory of the state in which he is to enter or through which he is to pass, by order of the interior minister he will be established the obligation of residence in a determined locality, until the departure from the country be possible. The foreigner who has been established the obligation of stay in a certain locality can not move outside it except with the approval of the competent bodies of the Ministry of Interior. + Article 22 The foreigner is obliged to present himself immediately at the invitation to be made by any state body. Also, when asked by a state body, he must declare his quality as a foreigner. + Chapter 4 Employment of foreigners or their interest in the quality of members of public organizations + Article 23 Foreigners cannot be employed in the apparatus of state power bodies, in the units of the Ministry of Armed Forces, the Ministry of Interior, nor in the other organs of the state administration; they also cannot be elected or employed in the organs courts or the prosecutor's office. Foreigners can be employed, without being able to occupy management positions, in institutions, in enterprises or economic, state or public organizations, except for those who by the specificity of their activity present importance for defense and security the state. Ministries and other central state and public bodies will establish institutions, businesses and economic organizations where foreigners cannot be employed. Foreigners can interest the quality of members of public organizations if the status of these organizations does not prohibit them from the endowment of this quality. For the employment of foreigners according to the provisions of paragraph 2, as well as for the interest of the quality of members of an public organization, the agreement of the Interior Ministry is necessary The agreement provided for in the previous paragraph does not require the employment of foreign nationals coming to Romania for the performance of a fixed-term activity, on the basis of contracts or international commitments concluded by Socialist organizations. + Article 24 Employment, transfer and termination of employment of foreigners shall be announced within 5 days by the employee, at the local body of the Ministry of Interior. The same obligation lies properly with public organizations, in terms of foreigners who become members of these organizations. + Article 25 Foreigners who come to Romania for a temporary stay for personal purposes or in transit on the Romanian territory cannot be employed or can carry out on their own any lucrative activity. + Chapter 5 Foreigners ' exit from Romania + Article 26 Foreigners can leave Romania based on the acts provided by law for the passage of the Romanian state border. + Article 27 The foreigner accused or indicted in a criminal case cannot leave the country only after removal from prosecution, termination of prosecution, termination of criminal proceedings or acquittal, and in case of conviction, only after the execution of the sentence. If the conviction was handed down with the conditional suspension of the execution of the sentence, the foreigner can leave the country after the decision has remained final. The foreigner who is not domiciled in Romania and is accused or indicted in a criminal case can leave the country even without fulfilling the conditions provided for in paragraph 1, if he has filed the bail provided by law. The foreigner who enjoyed a contravention sanctioned with contravention imprisonment or alternatively with contravention or fine imprisonment cannot leave the country, if the minutes of finding were submitted to the court for application. sanction, only after the final settlement of the case, and in case of application of the sanction of the contravention prison, only after the execution of the sanction. + Article 28 The foreigner who has to fulfill a maintenance obligation, an obligation resulting from the provision of public services or obligation of compensation to the state or socialist organizations for damages caused by acts provided by the criminal law can be allows the exit of the country, if there are adequate guarantees that they will be fulfilled. In the case of the obligations provided for in the previous paragraph, the foreigner can be allowed to leave the country and if it is found, according to the law, that there are no effective possibilities for the execution of the claim in Romania. Execution of civil damages due to the state or socialist organizations for damages caused by acts provided by the criminal law, as well as criminal and contravention fines due by a foreigner who is not domiciled in Romania, se make when the foreigner possesses the preserved goods, by the financial body of the executive board of the city, municipality or sector of the city of Bucharest within which the goods in question are found, or the financial organ of the executive board of the county folk council, if the goods are found within the territorial area of a commune. If the foreigner has no traceable goods, the civil compensation or established fines shall be recorded in the financial body of the Executive Board of the People's Council of District 1 of Bucharest. The same financial body shall also be highlighted the part of the debit not covered by the valorisation of the preserved goods, by the financial bodies in which those debits are located. The financial body shown in the preceding paragraph will immediately refer the matter to the commission provided for in Article 30 30 on civil compensation. In the case of compensation obligations, other than those provided in par. 1, the foreigner is allowed to leave Romania, their execution following the civil law. + Article 29 In criminal cases in which a foreigner who is not domiciled in Romania is accused or indicted, if a damage was brought to the state or to a socialist organization, the prosecution body or, as the case may be, the court will necessarily take precautionary measures in order to repair the damage and will immediately communicate a copy of the freezing act to the financial body shown in art. 28 28 para. 3. If it finds that the preserved goods do not cover the probable value of the damage, the body that took the precautionary measures will consider the foreigner obliged to compensation to present the certificate on his material situation or another act with regard to its income or wealth, issued by the fiscal body or other competent authority in the country of domicile, acts that will be sent to the financial body shown in the previous paragraph. The court to which the decision on civil compensation of a foreigner who is not domiciled in Romania communicates to the financial bodies shown in art. 28, within 48 hours of delivery, copy of the device of the decision. + Article 30 Note * *) In the case of civil damages due to the state or socialist organizations by a foreigner who is not domiciled in Romania, for damages caused by acts provided by the criminal law, the finding that there are no effective enforcement possibilities of these claims in Romania is made by a commission made up of delegates of the Ministry of Finance, Ministry of Justice, Prosecutor General's Office and the Ministry of Interior. The Commission shall decide, as regards the compensation, for the performance of the forms for the performance of the claim at the debtor's home. If the Commission considers, in relation to the personal and material situation of the debtor, as well as the nature or amount of the claim, that it is not appropriate to decide on the fulfilment of the forms for the execution of the claim abroad, it shall have the separate records of insolvent debtors until the prescription is fulfilled. This measure is communicated to the financial body of the Executive Board of the People's Council of Sector 1 in Bucharest. The finding of the situation shown in the preceding paragraph shall be made in the course of the execution of the sentence or not later than 30 days after the receipt by the financial body of the copy on the device of the decision if the penalty of fine or has suspended the execution of the sentence or it is no longer executed as a result of amnesty or pardon. The decrease of the contravention fines shall be decided by the financial body to which the debit has been recorded in so far as they cannot be covered by the valorisation of the preserved consequences. Criminal fines for which there are no possibilities for collection are reduced to the fulfillment of the term of execution of the sentence. -------------- Note * *) In accordance with the provisions art. II of Decree no. 131/1972 ,, published in B. Of. nr. 40 of 23 April 1972, the finding of the situation provided in art. 30 of the present law, if the sentence has been executed, will be made within 30 days of publication Decree no. 131/1972 . + Article 31 In the cases provided in art. 27, 28 and 30, the competent bodies or interested persons, as the case may be, will immediately notify the Ministry of Interior about the obligations of the foreigner, as well as about the taking and termination of the measures regarding it, Proving. + Chapter 6 Contraventions + Article 32 The violation of the provisions of this law, shown below, constitutes contraventions and is sanctioned as follows: a) with a fine of 80 to 200 lei, contraventions to the provisions of art. 5, 6 para. 3 3, art. 9 9, 17, 22 and 41; b) with a fine of 160 to 300 lei, contraventions to the provisions of art. 10, 12 para. 1 1, art. 14 14 and art. 16 16 para. 1 1 and 2; c) with a fine of 200 to 500 lei, contraventions to the provisions of art. 16 16 para. 3 3, art. 19 19, 24 and 42; d) with a fine of 300 to 1000 lei, contraventions to the provisions of art. 18 18 para. 2 2, art. 21 21 para. 4 4, art. 23 23 para. 1 1, 2 and 4 and art. 25 25; e) with contravention imprisonment from 10 to 20 days or with a fine from 400 to 1,200 lei, contravention to the provisions of art. 21 21 para. 1. + Article 33 The finding of contraventions is made by minutes concluded by the militia officers and subofficers who, in the case of contraventions shown in art. 32 lit. a-d, also apply the sanction. Application of the sanction, its execution and the exercise of remedies in case of contravention art. 32 lit. e are made according to the provisions of Decree no. 153/1970 *) for the establishment and sanctioning of contraventions regarding the rules of social coexistence, public order and peace. ----------- Note * *) Decree no. 153/1970 is reproduced in C.L.D. no. 1/1970 1/1970. + Article 34 Note *) Against the minutes of finding the contraventions provided in art. 32 lit. a-d can be made a complaint within 15 days from the communication, as the case may be, to the head of the Bucharest City Militia, to the head of the county militia or their deputies, to the head of the militia of the municipality or the city. The complaint shall be settled, by reasoned conclusion, no later than 30 days after the date of its registration. The conclusion by which the complaint was resolved is final and enforceable. + Article 35 Whenever the facts considered contraventions by this law are enjoyed in such incit conditions, according to the criminal law, they constitute crimes, they will be pursued, tried and sanctioned according to the criminal law. + Chapter 7 Final and transitional provisions + Article 36 Note *) Within the meaning of the present law, organs of the Ministry of Interior are: Directorate for passports, record of foreigners and control of border crossing, Militia of Bucharest, militia of the county, municipality, city or commune. ---------- Note *) In art. 34 and 36 were considered the organizational measures that were taken as a result of Decree no. 130/1972 on the establishment, organization and functioning of the Interior Ministry. + Article 37 The record of foreigners is held by the organs of the Interior Ministry The Ministry of Interior will ensure the printing of the necessary record sheets, which it will provide to legal and physical persons who grant hosting to foreigners. The following categories of foreigners shall be exempted from the provisions of paragraph 1, the records of which shall be kept by the Ministry of Foreign Affairs: a) members of diplomatic missions, permanent representations, consular offices and consular-trade representatives, as well as members of their families; b) on the basis of reciprocity, invitations to members of diplomatic missions, permanent representations, consular offices and consular-commercial representations; c) foreigners who come on official missions to international governmental organizations and bodies or their departments, as well as their family members; d) correspondents of publications of news agencies and radio-foreign televisions, as well as their family members, on the basis of reciprocity. + Article 38 By decision of the Council of Ministers, special rules on the record and movement of foreigners mentioned in art. 37 37 para. 3. + Article 39 Foreigners who are granted the right of asylum can be exempted, by the Minister of Interior, from some obligations incumbent on them under the provisions of this law. + Article 40 The provisions of this law also apply to foreigners citizens of the states with which Romania has concluded international agreements, in so far as they do not have otherwise. + Article 41 Foreigners who come to the Socialist Republic of Romania and use their own means of accommodation can only be established with them on specially arranged land or which can be rented for this purpose. + Article 42 Socialist organizations that have foreign employees are obliged, within 60 days from the date of entry into force of this law, to submit their proposals to the bodies of the Ministry of Interior, in order to obtain the agreement provided in art. 23 23 para. 4. If the organs of the Ministry of Interior do not agree with the maintenance of the foreigner in the place of work they are in, or the foreigner, according to the provisions of art. 23, he cannot remain in office, the one who hired him will transfer him to another job, under the conditions of the Labor Code, in compliance with the provisions of art. 23 23 of this law. + Article 43 Decree no. 260/1957 on the regulation of the entry, stay and exit of foreigners from the Socialist Republic of Romania, published in the Official Bulletin, no. 15 of 15 June 1957, as amended, as well as any other provisions contrary to this law, shall be repealed. -----------