Law No. 21 Of 1 March 1991 On Romanian Citizenship Law

Original Language Title:  LEGE nr. 21 din 1 martie 1991 LEGEA cetăţeniei române

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Law No. 21 of 1 March 1991 (republished * *) (* updated *) Romanian citizenship no. 21/1991 *) (updated until September 15, 2015 *) ISSUER-PARLIAMENT-------Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the Republished pursuant to art. 21 of the Government Emergency Ordinance nr. 5/2010 for the establishment, organization and functioning of the national authority for citizenship, published in the Official Gazette of Romania, part I, no. 93 of 10 February 2010, as amended by law No. 112/2010, published in the Official Gazette of Romania, part I, no. 405 of 17 June 2010, posing a new texts.

Romanian citizenship law No. 21/1991 was also republished in the Official Gazette of Romania, part I, no. 98 of 6 March 2000, and was subsequently amended and supplemented by:-the Government Ordinance. 84/2001 concerning the establishment, organization and functioning of public services to the community of persons, published in the Official Gazette of Romania, part I, no. 544 as of September 1, 2001, approved with amendments and completions by law No. 372/2002, published in the Official Gazette of Romania, part I, no. 447 of 26 June 2002, as amended and supplemented;

-Government Emergency Ordinance nr. 167/2001 on the suspension. 35 Romanian citizenship law No. 21/1991 republished, as published in the Official Gazette of Romania, part I, no. 802 of 14 December 2001, which was approved by law No. 225/2002, published in the Official Gazette of Romania, part I, no. 290 of 29 April 2002;

-Government Emergency Ordinance nr. 68/2002 modifying and completing the law on Romanian citizenship no. 21/1991, published in the Official Gazette of Romania, part I, no. 424 of 18 June 2002, as amended by law No. 542/2002, published in the Official Gazette of Romania, part I, no. 726 from October 4, 2002;

-Government Emergency Ordinance nr. 160/2002 concerning the suspension of the application of certain provisions of the Romanian Citizenship Act No. 21/1991, published in the Official Gazette of Romania, part I, no. 850 of 25 November 2002, as amended by law No. 165/2003, published in the Official Gazette of Romania, part I, no. 305 of 7 May 2003;

-Government Emergency Ordinance nr. 43/2003 modifying and completing the law on Romanian citizenship no. 21/1991, published in the Official Gazette of Romania, part I, no. 399 of 9 June 2003, as amended by law No. 405/2003, published in the Official Gazette of Romania, part I, no. 721 of 15 October 2003;

-Law No. 248/2003 for the completion of the Romanian Citizenship Law No. 21/1991 republished, as published in the Official Gazette of Romania, part I, no. 414 of 13 June 2003;

-Government Emergency Ordinance nr. 87/2007 for amending Romanian Citizenship Law No. 21/1991, published in the Official Gazette of Romania, part I, no. 634 from September 14, 2007, approved with amendments and completions by law No. 70/2008, published in the Official Gazette of Romania, part I, no. April 11, 2008 283;

-Government Emergency Ordinance nr. 147/2008 modifying and completing the law on Romanian citizenship no. 21/1991, published in the Official Gazette of Romania, part I, no. 765 of 13 November 2008, approved with amendments and completions by law No. 172/2009, published in the Official Gazette of Romania, part I, no. 321 of 14 May 2009;

-Government Emergency Ordinance nr. 36/09 modifying and completing the law on Romanian citizenship no. 21/1991, published in the Official Gazette of Romania, part I, no. 259 of 21 April, 2009, approved with amendments and completions by law No. 354/2009, published in the Official Gazette of Romania, part I, no. November 2009 16 781.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I General provisions Article 1 (1) is the Romanian Citizenship and membership of an individual to the Romanian State.
  

(2) Romanian citizens are equal before the law; but they will be admitted in public civil and military functions.
  

(3) citizens of Romania shall enjoy the protection of the Romanian State.
  


Article 2 modes of acquisition and loss of Romanian citizenship are those laid down in this law.


Article 3-conclusion Declaration of invalidity, annulment or dissolution of marriage between a citizen and an alien does not produce effects on the citizenship of the spouses.


Chapter II article 4 Acquisition of Romanian citizenship is acquired Romanian Citizenship by birth: (a));
  

b) adoption;
  

c) granting demand.
  

A. birth to article 5 (1) children born on the territory of Romania, Romanian citizens, parents are Romanian citizens.
  

(2) Are also the ones that Romanian citizens: a) were born in the territory of the Romanian State, even if only one parent is Romanian citizen;
  

b) were born abroad and both parents or only one of them has Romanian citizenship.
  

(3) the child found in the territory of the Romanian State is considered to be Romanian citizen, until proven otherwise, if none of the parents is not known.
  

B. adoption of article 6 (1) Romanian Citizenship is acquired by the child is stateless or foreign citizen by adoption, if the adopters are Romanian citizens. Where major, psychical integrity is necessary consent.
  

(2) where only one of the adopters, citizenship is Romanian citizen adoptatului minor will be determined by mutual agreement by the adopters. In the event that the adopters disagree, the competent court shall decide on the adoption încuviinţeze citizenship of the child, taking into account its interests. In the case of the child who has reached the age of 14 years is necessary consent.
  

(3) If the adoption is made by a single person, and that is the citizen, the minor acquires citizenship of the adopter.
  


Article 7 (1) In the event of outbreaks of invalidity or annulment of adoption, the child who has not reached the age of 18 years is believed that there has never been a Romanian citizen, whether residing abroad or if he leaves the country to reside abroad.
  

(2) in case of sale of adoption the child who has not reached the age of 18 years or lose citizenship Romanian on disposal of adoption, if he is domiciled abroad or if he leaves the country to reside abroad.
  

C. Through granting demand from article 8 (1) Romanian Citizenship can be granted, on request, to the person without citizenship or foreign citizen, if it meets the following conditions: a) was born and residing at the time of application, or through the Romanian territory, although he was born in that territory, residing under the law in the territory of the Romanian State for at least eight years or, where he is married and cohabit with a Romanian citizen at least 5 years from the date of marriage;
  

b) proves, through behavior, attitude, action and loyalty to the State, does not undertake or endorse actions against rule of law or national security and declared that neither in the past did not take such actions;
  

c) has reached the age of 18 years;
  

d) has provided the legal means in Romania for a decent existence, under the conditions laid down in the legislation on aliens;
  

e) is known with good behavior and has not been sentenced in the country or abroad for an offence which makes him unworthy to be Romanian citizen;
  

f knows Romanian language) and possess the basics of Romanian culture and civilization, able to integrate into the social life;
  

g) knows the Constitution of Romania and the national anthem.
  

(2) the time limits laid down in paragraph 1. (1) (a). a) can be reduced by up to half in the following situations: a) the applicant is an internationally recognized personality;
  

(b) the applicant is a citizen) a Member State of the European Union;
  

(c) the applicant has acquired) refugee status according to the legal provisions in force;
  

d) the applicant has invested in Romania amounts exceeding 1,000,000 euros.
  

(3) If the foreign national or stateless person who has requested to be granted Romanian citizenship lies outside the territory of the Romanian State for a period exceeding 6 months during the year, that year is not taken into account in calculating the period referred to in paragraph 1. (1) (a). Article 8 a) ^ 1 Romanian Citizenship may be granted, on request, to the person without citizenship or foreign citizen who has contributed in particular to the protection and promotion of culture, civilization and spirituality, with the possibility of establishing residence in the country or abroad with its maintenance, if it meets the conditions laid down in article 21. 8 para. (1) (a). b), c) and (e)).
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Art. 8 ^ 1 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.


Article 8 ^ 2 Romanian Citizenship may be granted, on request, to the person without citizenship or foreign citizen may contribute significantly to promoting the image of Romania by outstanding performances in sports, with the possibility of establishing residence in the country or abroad with its maintenance, if the following conditions are met: a) the applicant will represent Romania in the national, in accordance with the statutory rules of International Sports Federation to which Romania is affiliated;
  

(b) the applicant satisfies the conditions laid down) at art. 8 para. (1) (a). b), c) and (e)) and expresses its attachment to Romania and to the system of values specific to the Romanian society.
  

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Art. 8 ^ 2 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.


Article 9


(1) a Child born of parents of foreign citizens or stateless and who has reached the age of 18 acquires Romanian citizenship once with his parents.
  

(2) where only one of the parents acquires citizenship of Romanian parents will decide, by common agreement, of the child's citizenship. In a situation where the parents disagree, the juvenile court will decide, taking into account its interests. In the case of the child who has reached the age of 14 years is necessary consent.
  

(3) the child acquires the citizenship of the Romanian on the same date with its parent.
  

(4) where the minor has acquired Romanian citizenship under the conditions of paragraph 1. (1) or (2) and has not been included in the certificate of your parent's citizenship or been issued citizenship certificate according to the provisions of article 3. 20 paragraph 1. (7) or (11), parents or, where applicable, the father, Romanian citizens, may apply for entry in the registers of the times transcript of the Romanian civil status certificates or extracts from civil status issued by foreign authorities in accordance with the law No. 115/1996 on acts of civil status, republished, with subsequent amendments and additions.
— — — — — — — — —-. (4) article. 9 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 115/1996 on acts of civil status has been republished in the Official Gazette of Romania, part I, no. 743 from November 2, 2009.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (5) a child who has reached the age of 14 years may in its own name the request for transcript inclusion of certificate or extract of birth times. In this case, proof of citizenship of the minor is made with their identity card or passport issued by the Romanian authorities issued/parent or with the certificate provided for in article 10. 20 paragraph 1. 4. Article 10 (1) Romanian Citizenship may be granted to persons who have lost this citizenship, as well as their descendants up to and including degree requiring recovery of her foreign citizenship, for the maintenance and establishment of residence in the country or abroad with its maintenance, if they fulfil the conditions laid down in an appropriate manner in article 40. 8 para. (1) (a). b)-(e)).
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply to stateless former Romanian citizens and their descendants up to grade II.
  

(3) recovery of citizenship by one of the spouses has no consequence on the citizenship of the other spouse. Foreign national husband or stateless person who regain citizenship may be required to grant Romanian Romanian citizenship under this law.
  


Article 11 (1) persons who were Romanian citizens, but have lost the Romanian citizenship for reasons not attributable to them or to whom this citizenship was raised without their own, and their descendants up to grade III, upon request, may regain or Romanian citizenship may be granted, with the possibility of keeping foreign citizenship and establishment of residence in the country or abroad with its maintenance If they fulfil the conditions laid down in article 21. 8 para. (1) (a). b), c) and (e)).
  

— — — — — — — — —-. (1) of article 1. 11 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.

(2) the provisions of article 4. 10 para. (2) and (3) shall apply accordingly.
  


Chapter III Procedure article 12 granting Romanian citizenship to approve applications for times of revival of Romanian citizenship is made by order of the President of the national authority for citizenship on the basis of Commission proposals for citizenship.


Article 13 (1) the application or, where applicable, regaining of Romanian citizenship to Romanian-language are formulated, is addressed to the Commission for citizenship and shall be filed in person or, in duly justified cases, through an agent with power of Attorney special and authentic to the National Authority for citizenship, being accompanied by documents proving the fulfilment of the conditions laid down in this law.
  

(2) applications for revival or the Romanian citizenship based on the provisions of art. 10 para. (1) and art. 11 may be submitted and the diplomatic missions or consular offices of Romania. Where applications have been made to the diplomatic missions or consular offices of Romania, they will be sent to the Commission for citizenship within the national authority for citizenship.
  

(3) applications for the granting of Romanian citizenship based on the provisions of art. 8 ^ 1 may be submitted and the diplomatic missions or consular offices of Romania in the State in whose territory the applicant is domiciled. In this case, the request will be sent immediately to the Commission for citizenship within the national authority for citizenship, through the Ministry of Foreign Affairs, accompanied by a statement issued by the diplomatic mission or consular post with regard to fulfilment of the condition that the applicant may have contributed significantly to the protection and promotion of culture, civilization and spirituality. In the situation where the application was lodged with the National Authority for citizenship, the Citizenship Commission will ask the Foreign Ministry its views with regard to the fulfilment of the condition that the applicant may have contributed significantly to the protection and promotion of culture, civilization and spirituality.
  

— — — — — — — — —-. (3) art. 13 was introduced by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.


Article 13 ^ 1 (1) where persons under article 4. 8 ^ 2, by way of derogation from the provisions of art. 12, the granting of Romanian citizenship is made by decision of the Cabinet of Ministers initiated by the Ministry of youth and sports.
  

(2) the application for the granting of Romanian citizenship founded on article 4. 8 ^ 2 is submitted to the Ministry of youth and sports, as a single public authority which formulates proposals concerning the granting of Romanian citizenship under this article.
  

(3) the Ministry of youth and sport will submit to the Commission for citizenship within the national authority for citizenship application accompanied by supporting documents and proposal on the granting of Romanian citizenship, in order to check the fulfilment of the conditions laid down in article 21. 8 para. (1) (a). b), c) and (e)).
  

(4) on the basis of the report of the Commission for citizenship within the national authority for citizenship, which finds fulfilment of the conditions laid down in article 21. 8 para. (1) (a). b), c) and (e)), the Ministry of youth and sports proposing the Government granting Romanian citizenship.
  

(5) where the Commission finds that the conditions for citizenship to non-compliance under article 4. 8 para. (1) (a). b), c) and (e)), the Chairman of the national authority for citizenship, by order, dismiss the application for the grant of citizenship. The order will be communicated immediately to the applicant, by registered letter with acknowledgement of receipt, as well as the Ministry of youth and sports.
  

(6) Romanian Citizenship is acquired at the time the oath of allegiance to Romania. Provisions of art. 20 concerning the oath of allegiance, shall apply accordingly.
  

(7) Failure, for reasons attributable to the person who has obtained Romanian citizenship under the conditions of art. 8 ^ 2, the oath of allegiance, within the period prescribed by law, cessation of the effects of the judgment referred to in paragraph 1. (1) termination of the effects of the judgment. a finding by the awarding of Romanian citizenship is made by the President of the national authority for citizenship.
  

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Art. 13 ^ 1 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.


Article 14 (1) the Citizenship Commission, hereinafter called the Commission, unincorporated entity within the national authority for citizenship checks fulfilment of the conditions laid down by the law for granting recovery, withdrawal or renunciation of Romanian citizenship.
  

(2) the Commission has a technical secretariat set up within the national authority for citizenship.
  

(3) members of the Commission and its Chairman shall be appointed by order of the Minister of Justice for a term of two years and may have to cancel the whole term of Office by order of the Minister of Justice.
  

(4) the Commission has a permanent activity, is composed of 21 members, specialized legal staffing assimilated judges and prosecutors within the national authority for citizenship, one of whom shall act as Chairman. Work of the Commission are not public, these shall be carried out in the presence of at least 3 members and shall be chaired by the President, and in his absence, by a member designated by him.
  

— — — — — — — — —-. (4) article. 14 was amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.

(5) the fulfilment or, where appropriate, non-fulfilment of the conditions laid down by law for the granting of Romanian citizenship regaining times is found through a reasoned report which will be adopted by the Commission by a majority vote of those present. In the event of parity, the vote of the President of the Commission or of its replacement is decisive.
  


Article 15


(1) an application for the grant or regaining of citizenship shall be registered with the Secretariat of the Commission. If it finds the absence of necessary documents to settle the application, the Commission shall, by resolution, completing. Where, within a period of no more than six months after the receipt of the request, are not transmitted the necessary documents, the application will reject as unsupported.
  

(2) the President of the Commission, by resolution, appoint the date on which it will discuss applications or regaining of citizenship at the same time the customer request from any authority concerning the fulfilment of the conditions laid down in article 21. 8 para. (1) (a). b) and (e)).
  

(3) The time limit laid down in order to debate the request, the Commission shall check the fulfilment of the conditions necessary to grant or reinstating citizenship, except in the case of the conditions laid down in article 21. 8 para. (1) (a). f) and (g)).
  

(4) where the Commission finds that the need for the hearing of persons who could give information useful in settling their demand, citing, setting a new deadline.
  

(5) where the conditions are met for the granting of Romanian citizenship, the Commission shall, within a period not exceeding six months, the person scheduling the interview for verification of the conditions laid down in article 21. 8 para. (1) (a). f) and (g)).
  

(6) in the case of applications for Romanian citizenship brought under art. 8 ^ 1, the Commission, in a report drawn up with the reasoned consideration of the point of view of the Ministry of Foreign Affairs, as well as other documents needed for resolution of the request, as provided by law, finds fulfilment or non-fulfilment of the conditions for the granting of Romanian citizenship. 8 ^ 1.
  

— — — — — — — — —-. (6) article. 15 was introduced by point 7 of article. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.


Article 16 (1) the application for the grant or regaining of Romanian citizenship, in accordance with article 21(2). 11, is registered with the Commission's technical secretariat.
  

(2) the President of the Commission for citizenship, through resolution, features: a customer request) from any authority with regard to the fulfilment of the conditions laid down in article 21. 8 para. (1) (a). b) and e) to be communicated to the Commission in a period not exceeding 60 days, and in exceptional circumstances, within the time limit laid down in (a). c);
  

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Lit. of paragraphs 1 to 5). (2) of article 9. 16 was amended by section 1 of article. in accordance with law No. 44 from 14 March 2013, published in MONITORUL OFICIAL nr. 148 of 20 March 2013.

b) completing, within a maximum period of four months following the receipt of the request the technical secretariat of the Commission by the complainant in the event that it is established absence of documents necessary for resolution of the request, under penalty of refusal as unsupported;
  

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Lit. b) of paragraph 2. (2) of article 9. 16 was amended by section 8 of article. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.

c) fixing the first deadline, the Commission will verify compliance with the conditions of granting or reinstating the Romanian citizenship under art. 11, to a maximum of five months from the date of registration of the application.
  

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Lit. c) of paragraph 2. (2) of article 9. 16 was amended by section 8 of article. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.


Article 16 ^ 1 where the person requesting the grant or regaining of Romanian citizenship is being investigated in a criminal case, the Commission shall, if there are no other reasons for rejection of the application, may order the suspension of the procedure for the granting of Romanian citizenship regaining or until completion of that cause.
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Art. 16 ^ 1 was introduced by point 9 of article. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.


Article 17 (1) if the conditions are not met as required by the law for granting citizenship, recovery times and, in the case referred to in article nepromovării of the interview. 15 para. (5) or no-show, unjustifiably, to its support, the Commission shall, by means of a reasoned report, proposes the President of the national rejection of the application for Citizenship.
  

(2) a new application for the grant or regaining of Romanian citizenship may be lodged after 6 months from the previous rejection of the application.
  


Article 18 (1) if the applicant is accepted at the interview, the Commission will draw up a report which will include meeting the legal conditions for the grant or, if necessary, recovery of citizenship.
  

(2) the report, together with the application for revival times, citizenship will be submitted to the President of the national authority for citizenship.
  


Article 19 (1) the President of the national authority for citizenship, noting conditions laid down by this law, shall issue in a period not exceeding 3 days after the order granting or regaining of Romanian citizenship, where applicable. Order granting or regaining of Romanian citizenship shall be communicated to the applicant, by registered letter with acknowledgement of receipt, within 3 days from the date of issue of the order.
  

— — — — — — — — —-. (1) of article 1. 19 was amended by paragraph 2 of article 9. in accordance with law No. 44 from 14 March 2013, published in MONITORUL OFICIAL nr. 148 of 20 March 2013.

(2) where the failure to comply with the requirements of finds bill, President of the national authority for citizenship, by order, dismiss the application or regaining of citizenship.
  

(3) order of the President of the national authority for granting Citizenship or regaining of Romanian citizenship, i.e. the order dismissing the application for the grant or regaining of Romanian citizenship shall be communicated immediately to the applicant, by registered letter with acknowledgement of receipt.
  

(4) the order dismissing the application for regaining of Romanian citizenship or can be challenged, within a period of 15 days from the date of such communication, the Department of administrative and fiscal court. Judgment of the Court of first instance may be appealed to the appeal of the administrative and Tax Court of appeal.
  

— — — — — —-. (4) article. 19 was amended by section 1 of article. VII of law No. 2 in 1 February 2013, published in MONITORUL OFICIAL nr. 89 of 12 February 2013.


Article 20 (1) Romanian Citizenship shall be granted to or regain the oath of allegiance.
  

(2) within 6 months from the date of service of the order of the President of the national authority for granting Citizenship or regaining of Romanian citizenship or, where appropriate, of its publication in the Official Gazette of the governmental decision granting Romanian citizenship to persons who have been granted or have regained Romanian citizenship will oath of allegiance to Romania.
  

3. in duly justified cases, the time limit referred to in paragraph 1. (2) may be extended once only, if the application for renewal accompanied by documentary proof is sought before reaching it.
  

(4) application for renewal pursuant to paragraph 4. (3) shall be approved by the President of the national authority for citizenship or, where appropriate, the head of the diplomatic mission or consular post.
  

5. Leap of faith in solemn sitting in front of the Minister of Justice or the President of the national authority for citizenship of one of the two Vice-Presidents you in this sense delegates authority and has the following content: «I swear to be devoted to the fatherland and the Romanian people, to defend national rights and interests, to respect the Constitution and the laws of Romania.

(6) After taking the oath, the Commission issuing Romanian citizenship, which will be drawn up in two copies, signed by the President of the national authority for citizenship, of which one copy shall be given to the holder. Both copies of the certificate contain safety features and have applied to photos of the holder.
  

(7) where the minor children acquire Romanian citizenship with their parents or one of them, they will be entered in the certificate of citizenship of the parents and not lay their oath.
  

(8) a person who has acquired citizenship of the Romanian under conditions laid down in article 21. 10 and 11, with the maintenance of domicile abroad, will take the oath of allegiance, within the period prescribed by law, in front of the Chief of the diplomatic mission or consular office of the country in which they reside. In this case, the Romanian citizenship certificate will be issued by the head of the diplomatic mission or consular post concerned. The head of the diplomatic mission or consular post may delegate these powers to another Member of the diplomatic or consular staff.
  

(9) a person who has acquired citizenship of the Romanian under conditions laid down in article 21. 10 and 11, with the maintenance of domicile abroad, can the oath of allegiance and under the conditions laid down in paragraph 1. (5) within the period prescribed by law, with the consent of the head of the diplomatic mission or consular office of the country in which they reside.
  

(10) the provisions of paragraphs 1 and 2. (8) and (9) shall apply accordingly in respect of persons who have obtained Romanian citizenship under the conditions laid down in article 21. 8 ^ 1.
  

(11) where the child becomes major during the process of solving the application and up to the date of acquisition by the parents of Romanian citizenship oath, it will and i will release separate citizenship certificate.
  

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Art. 20 was amended by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.


Article 21


(1) Failure, for reasons attributable to the person who has obtained the citizenship oath, the Romanian faith, within the time limit provided for in art. 20 paragraph 1. (2) termination of effect of the order, to grant or regaining of Romanian citizenship towards the person concerned.
  

(2) the finding of the effects of termination of grant or regaining of Romanian citizenship towards people who haven't sworn according to law shall be made by the President of the national authority for citizenship, from referral to specialized Directorate within the authority, or, where appropriate, the head of the diplomatic mission or consular post.
  

(3) a person who dies before the oath of allegiance to Romania is recognized as Romanian citizen, at the request of his successors in title, date of issue of the order of the President of the national authority for granting Citizenship or regaining of Romanian citizenship to be issued a certificate of citizenship. The application may be filed within one year after the date of the application for a pensioner or regaining of Romanian citizenship.
  

(4) a person who is unable to the oath of allegiance to Romania due to a permanent disability or a chronic illness obtain Romanian citizenship from the date of issue of the order of the President of the national authority for granting Citizenship or, where appropriate, of regaining the Romanian citizenship, on the basis of the application and medical records, to that end, personally or through legal representative with warrant particular conventional times until the completion of the procedure for granting or, where appropriate, regaining of citizenship. The request addressed to the Commission concerning the issuance of the certificate of citizenship can be made within one year from the date of the referral to the knowledge of the deadline for the submission of the oath of allegiance. Failure within one year after termination of effect of the order of the President draws national authority for granting Citizenship or regaining of Romanian citizenship.
  


Chapter IV Proof of Romanian citizenship in article 22 (1) proof of Romanian citizenship is made with their identity card or, where applicable, with the identity card, passport, with the title of journey without mentioning the «uncertain identity», with the certificate referred to in article 1. 20 paragraph 1. (6) or documents referred to in article 1. 23. (2) the nationality of the child up to the age of 14 turns with your Passport, with the title of journey without mentioning the «uncertain identity "or his birth certificate, accompanied by the bulletin times ID card, if applicable, or the passport of any of the parents, or with the documents referred to in article 1. 23. — — — — — — — — — — Art. Amended 22 of point 11 of article 1. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.


Article 23 if necessary diplomatic missions or consular offices of Romania shall, on request, evidence of citizenship for Romanian citizens abroad.


Chapter V Loss of Romanian citizenship article 24 Romanian Citizenship is lost by: a) withdrawing Romanian citizenship;
  

b) waiving Romanian citizenship approval;
  

c) in other cases provided by law.
  

A. by withdrawing Romanian citizenship in article 25 (1) Romanian Citizenship may withdraw the person: a) located abroad, commits acts particularly grave liberty interests of the Romanian State or harm the prestige of Romania;
  

b) located abroad, enlist in the armed forces of a country with which Romania broke diplomatic relations or with which it is in a State of war;
  

c) Romanian citizenship has been obtained by fraudulent means;
  

d) is known as having ties to terrorist groups or supported them, in any form, or committed other acts that endanger safety.
  

(2) Romanian Citizenship can be withdrawn and not the person who has acquired it by birth.
  


Article 26 withdrawal of Romanian citizenship does not produce effects on the citizenship of the husband or of children of the person whose citizenship was withdrawn.

B. approved dropping the Romanian citizenship in article 27 For special reasons may approve the renunciation of Romanian citizenship to the person who has reached the age of 18 years and who is not: a) blamed or in an indicted criminal case has not executed a criminal punishment;
  

b) is not tracked for the State debt, natural or legal persons in the country, or having such debts, pays the appropriate guarantees for times payment;
  

c) acquired or applied for and are satisfied that it will acquire another citizenship.
  


Article 28 (1) loss of Romanian citizenship through approval of the waiver does not produce any effect on the citizenship of the spouse or minor children.
  

(2) However, in cases where both parents shall obtain the approval of the surrender to the Romanian citizenship, while the minor child lies with them abroad times together with her leaving the country, the minor Romanian citizenship lose with his parents, and if they have lost their Romanian citizenship on different dates, on the last of these dates. Minor child to reside abroad, leaves the country after both parents have lost their Romanian citizenship lose Romanian citizenship on the date of his departure from the country.
  

(3) the provisions of paragraphs 1 and 2. (2) apply properly and where only one parent is unknown or is alive.
  

(4) minor Child, entrusted by the court order that parent domiciled abroad and renounced citizenship, Romanian citizenship lose on the same date as the parent to whom it was entrusted and the dwelling, provided the consent of the other parent, the Romanian citizen.
  

(5) in the cases referred to in paragraph 1. (2) to (4) of the child who has reached the age of 14 years shall be required consent.
  

C. other cases of loss of Romanian citizenship in article 29 (1) minor Child, Romanian citizen, adopted by a foreign citizen, Romanian citizenship, if they lose, at the request of the adopter or adopters, of their citizenship, acquires under the foreign law. The minor who has reached the age of 14 years shall be required consent.
  

(2) the date of the loss of Romanian citizenship under the conditions of paragraph 1. (1) the date of acquisition is the minor of the adopter's citizenship.
  

(3) In the event of outbreaks of invalidity or annulment of adoption, the child who has not reached the age of 18 is considered not lost never Romanian citizenship.
  


Article 30 (1) in the case referred to in article 1. 5 para. (3) the child found Romanian citizenship, if they lose up to 18 years of age has been established lineages toward both parents who are foreign nationals.
  

(2) Romanian Citizenship is lost and where this has been established only against a foreign national parent, the other parent while remaining unknown.
  

(3) the date of the loss of Romanian citizenship under the conditions of paragraph 1. (1) and (2) the date of the child's filiation.
  


Chapter VI Procedure withdrawal of Romanian citizenship and renounce Romanian citizenship approval Article 31 (1) the request for waiver of Romanian citizenship, accompanied by the supporting documents referred to in article 1. 27, is submitted to the technical secretariat of the Commission or at the diplomatic missions of Romania's consular offices of the times of the country in which the applicant is domiciled or resident.
  

(2) where the lack of required documents notes the resolution of the request, the Chairman of the Commission shall, by resolution, completing. Where, within a maximum period of 6 months from the communication, are not transmitted the necessary documents, your request will be rejected as unsupported.
  

(3) if the folder includes all documents necessary for resolution of the request for waiver of Romanian citizenship, President of the Commission, by resolution, request customer from any authorities to fulfil the condition laid down, as appropriate, in article 19. 27 lit. the a and b)).
  

(4) the President of the national authority for citizenship has, by order, approve or, where appropriate, dismiss the application for waiver of Romanian citizenship, on the basis of the report of the Commission by which it finds fulfilment or non-fulfilment of the conditions laid down in article 21. 27. (5) the order of the President of the national authority for citizenship approval or, if appropriate, refusing the application for Romanian citizenship renunciation shall be communicated to the applicant, by registered letter with acknowledgement of receipt.
  

(6) the order dismissing the application for waiver of Romanian citizenship may be challenged, within a period of 15 days from the date of such communication, at the Bucharest Tribunal. Judgment of the Court of first instance may be appealed to the appeal of the administrative and Tax Court of appeal.
  

— — — — — —-. (6) article. 31 was amended by paragraph 2 of article 9. VII of law No. 2 in 1 February 2013, published in MONITORUL OFICIAL nr. 89 of 12 February 2013.

(7) loss of Romanian citizenship through the waiver takes place from the date of issue of the ownership of the Romanian citizenship.
  

(8) evidence of dropping the Romanian citizenship is made with certificate issued by the Secretariat of the Commission for persons with their domicile in Romania, the diplomatic missions or consular offices of Romania, for persons domiciled or resident abroad, on the basis of the order of the President of the national authority for citizenship.
  

(9) failure to release ownership of the Romanian citizenship, within 6 months from the date of service of the order of the President of the national authority for approving Citizenship application for Romanian citizenship, renunciation shall entail termination of effect of the order against the person concerned.
  

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Paragraphs 1 and 2. (9) article. 31 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.

(10) the effects of termination of the order Finding approval of Romanian citizenship to renounce for applicants who have not submitted for the issue of ownership of waiver of Romanian citizenship within the period referred to in paragraph 1. (9) shall be made by the President of the national authority for citizenship, from referral to specialized Directorate within the authority or, as the case may be, of the Chief of the diplomatic mission or consular post.
  

— — — — — — — — —-. (10) of article 1. 31 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 37 of 9 September 2015 published in MONITORUL OFICIAL nr. 697 15 September 2015.


Article 32 (1) any authority or person who has knowledge of the existence of a reason for withdrawing Romanian citizenship may refer the matter in writing to the Commission, having regard to the obligation to submit the evidence at its disposal.
  

(2) the Chairman shall, by resolution, the time at which it will discuss the appeal, featuring at the same time: a point of view) the request of the competent authorities regarding the legal conditions relating to the withdrawal of citizenship;
  

(b) to invite the person who) filed the appeal, and any person who could give information useful to the resolution of the application;
  

c) summoning the person concerned at his residence or, if he is not unknown, the summons by publication in the Official Gazette of Romania, part III. Citing the person takes place with at least 6 months before the deadline for discussion of referral.
  

(3) The time fixed for the debate Commission referral checks conditions of withdrawal of Romanian citizenship. It shall hear the persons cited according to para. (2) (a). (b)) and the person concerned. Lack of legal person cited does not hinder the procedures for withdrawing Romanian citizenship.
  

(4) where it finds fulfilment or, where appropriate, failure to comply with the legal conditions for withdrawing Romanian citizenship, the Commission will propose to the President of the national authority for citizenship through a reasoned report, approving the withdrawal of the Romanian citizenship or, where appropriate, dismiss the referral.
  

(5) the President of the national authority for citizenship, noting conditions provided by law, shall issue an order withdrawing Romanian citizenship, namely the rejection of referral to the withdrawal of citizenship, if it finds that the conditions of non-compliance.
  

(6) order of the President of the national authority for citizenship for acceptance or rejection of referral to the withdrawal of citizenship shall be communicated to the person concerned, and the person who made the referral, by registered letter with acknowledgement of receipt.
  

(7) the order may be challenged, within a period of 15 days from the date of such communication, the Department of administrative and fiscal court of the place of residence or, where appropriate, the applicant's residence. If the applicant is not domiciled or resident in Romania, the order can be attacked at the same period, the Department of administrative and fiscal court. Judgment of the Court is final and irrevocable.
  

— — — — — —-. (7) article. 32 was amended by section 3 of article 9. VII of law No. 2 in 1 February 2013, published in MONITORUL OFICIAL nr. 89 of 12 February 2013.

(8) loss of Romanian citizenship through withdrawal takes place on the date of issue of the order of the President of the national authority for approval of withdrawal of Citizenship of Romanian citizenship.
  


Chapter VII final and Transitional Provisions Article 33 Are Romanian citizens and persons who have acquired and retained that nationality under the law.


Article 34 (1) applications for the granting of Romanian citizenship and renounce Romanian citizenship approval are subject to a fee prescribed by law.
  

(2) by way of derogation from paragraph 1. (1) recovery of Romanian citizenship under art. 10 para. (2) and article 3. 11 is exempted from payment of taxes provided by law.
  


Article 35 persons to whom it was given to the Romanian citizenship, according to the law, have all the rights and freedoms, and obligations laid down by the Constitution and by laws of the country for Romanian citizens.


Article 36 (1) Romanian Citizenship with the title of "honorary citizenship" of some foreigners may be granted for outstanding services rendered to their country and the Romanian nation, the Government, without further formality, by the Romanian Parliament.
  

(2) persons who have acquired citizenship of honour enjoys all civil and political rights recognised Romanian citizens except the right to vote and to be elected and to hold public office.
  


Article 37 where it requires the consent of the other parent or the minor who has reached the age of 14 years, it has to be done in the form of an authentic data statements in front of a notary public or in diplomatic missions abroad, the consular offices of the times.


Article 37 ^ 1 disputes relating to administrative acts issued or adopted pursuant to the provisions of this law, other than those provided for in art. 19 para. (4), art. 31 para. (6) and article. 32 para. (7), as well as disputes relating to refusal of unjustified issue of these acts within the competence of the administrative and tax court. Judgment of the Court may be appealed to the appeal of the administrative and Tax Court of appeal.
------- 37 ^ 1 was introduced by paragraph 4 of art. VII of law No. 2 in 1 February 2013, published in MONITORUL OFICIAL nr. 89 of 12 February 2013.


Article 38 (1) this law shall enter into force 30 days after its publication in the Official Gazette of Romania.
  

(2) applications pending resolution on the entry into force of this law shall be in accordance with its provisions. Conditions for acquisition of Romanian citizenship remain subject to the rules in force at the date of application.
  


Article 39 on the date of entry into force of this law shall be repealed law No. 24/1971-the Romanian Citizenship Law, Decree-Law No. 137/1990 concerning certain provisions relating to the Romanian citizenship, the provisions of art. 3 and art. 8 of Decree-Law No. 7/1989 on the repatriation of Romanian citizens and of former Romanian citizens, as well as any other provisions contrary to the provisions of this law.

Note Note: we present below which no provisions are incorporated in the form of law No. republished 21/1991 and which still applies, as the provisions of the acts modifying: 1. Art. IV of the Government Emergency Ordinance nr. 87/2007 for amending Romanian Citizenship Law No. 21/1991: "Art. IV.-the letter n) of article 11 of law No. 90/2001 on the Organization and functioning of the Romanian Government and the ministries, as published in the Official Gazette of Romania, part I, no. 164 of 2 April 2001, with amendments and additions thereto, is hereby repealed. "

2. Art. II of law No. 354/2009 approving Government Emergency Ordinance nr. 36/09 modifying and completing the law on Romanian citizenship no. 21/1991: "Art. II *). -From 1 January 2010, for the sake of regaining applications or the granting of Romanian citizenship, formulated pursuant to art. 101 *) of Romanian Citizenship Law No. 21/1991, republished, with subsequent amendments and additions, the territorial offices will be set up under the national authority for citizenship. "

*) Art. (II) amended by Emergency Ordinance of Government No. 5/2010 for the establishment, organization and functioning of the national authority for citizenship, published in the Official Gazette of Romania, part I, no. 93 of 10 February 2010.
*) Art. 101 has become as a result of renumerotării art. 11.
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