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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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LEGE no. 21 21 of 1 March 1991 (** republished) (* updated *) Romanian citizenship No. 21/1991 21/1991 * *) ((updated until 15 September 2015 *)
ISSUER PARLIAMENT




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** **) Republicated pursuant to art. 21 of Government Emergency Ordinance 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, approved with amendments by Law no. 112/2010 , published in the Official Gazette of Romania, Part I, no. 405 of 17 June 2010, giving the texts a new numbering.
Romanian Citizenship Law no. 21/1991 was also republished in the Official Gazette of Romania, Part I, no. 98 of 6 March 2000, and subsequently amended and supplemented by:
- Government Ordinance no. 84/2001 on the establishment, organization and functioning of the Community public records services, published in the Official Gazette of Romania, Part I, no. 544 of 1 September 2001, approved with amendments and additions by Law no. 372/2002 , published in the Official Gazette of Romania, Part I, no. 447 of 26 June 2002, with subsequent amendments and completions;
- Government Emergency Ordinance no. 167/2001 on suspension of application art. 35 of the Romanian Citizenship Law no. 21/1991 , republished, published in the Official Gazette of Romania, Part I, no. 802 802 of 14 December 2001, approved by Law no. 225/2002 , published in the Official Gazette of Romania, Part I, no. 290 290 of 29 April 2002;
- Government Emergency Ordinance no. 68/2002 to amend and supplement Romanian Citizenship Law no. 21/1991 , published in the Official Gazette of Romania, Part I, no. 424 of 18 June 2002, approved with amendments by Law no. 542/2002 , published in the Official Gazette of Romania, Part I, no. 726 726 of 4 October 2002;
- Government Emergency Ordinance no. 160/2002 on the suspension of the application of Romanian Citizenship Law no. 21/1991 , published in the Official Gazette of Romania, Part I, no. 850 of 25 November 2002, approved with amendments by Law no. 165/2003 , published in the Official Gazette of Romania, Part I, no. 305 305 of 7 May 2003;
- Government Emergency Ordinance no. 43/2003 to amend and supplement Romanian Citizenship Law no. 21/1991 , published in the Official Gazette of Romania, Part I, no. 399 of 9 June 2003, approved with amendments by Law no. 405/2003 , published in the Official Gazette of Romania, Part I, no. 721 721 of 15 October 2003;
- Law no. 248/2003 for completion Romanian Citizenship Law no. 21/1991 , republished, published in the Official Gazette of Romania, Part I, no. 414 414 of 13 June 2003;
- Government Emergency Ordinance no. 87/2007 for amendment Romanian Citizenship Law no. 21/1991 , published in the Official Gazette of Romania, Part I, no. 634 of 14 September 2007, approved with amendments and additions by Law no. 70/2008 , published in the Official Gazette of Romania, Part I, no. 283 283 of 11 April 2008;
- Government Emergency Ordinance no. 147/2008 to amend and supplement Romanian Citizenship Law no. 21/1991 , published in the Official Gazette of Romania, Part I, no. 765 of 13 November 2008, approved with amendments and additions by Law no. 171/2009 , published in the Official Gazette of Romania, Part I, no. 321 321 of 14 May 2009;
- Government Emergency Ordinance no. 36/2009 to amend and supplement Romanian Citizenship Law no. 21/1991 , published in the Official Gazette of Romania, Part I, no. 259 of 21 April 2009, approved with amendments and additions by Law no. 354/2009 , published in the Official Gazette of Romania, Part I, no. 781 781 of 16 November 2009.
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+ Chapter I General provisions + Article 1 (1) The Romanian citizenship is the connection and belonging of a natural person to the Romanian state. (2) Romanian citizens are equal before the law; only they will be admitted to civil and military public offices. (3) The Romanian citizens enjoy the protection of the Romanian state. + Article 2 The modes of acquisition and loss of Romanian citizenship are those provided for in this law. + Article 3 The conclusion, declaration of nullity, cancellation or dissolution of marriage between a Romanian citizen and a foreigner does not produce effects on the citizenship of spouses + Chapter II Acquisition of Romanian citizenship + Article 4 Romanian citizenship is acquired by: a) birth; b) adoption; c) granting on request. A. By birth + Article 5 (1) Children born on the territory of Romania, from Romanian citizen parents, are Romanian citizens. (2) There are also Romanian citizens who: a) were born on the territory of the Romanian state, even if only one of the parents is a Romanian citizen; b) were born abroad and both parents or only one of them has Romanian citizenship. (3) The child found on the territory of the Romanian state is considered a Romanian citizen, until proven guilty, if none of the parents are known. B. By adoption + Article 6 (1) The Romanian citizenship is acquired by the child foreign citizen or without citizenship by adoption, if the adopters are Romanian citizens. If the adoption is major, it is necessary to consent to it. (2) If only one of the adopters is a Romanian citizen, the citizenship of the minor adoptage will be determined, by mutual agreement, by the adopters. If the adopters do not agree, the court competent to approve the adoption will decide on the minor's citizenship, taking into account its interests. In the case of the child who has reached the age of 14 it is necessary to consent (3) If the adoption is made by a single person, and this is a Romanian citizen, the minor acquires the citizenship of the adopter. + Article 7 (1) In case of declaration of invalidity or cancellation of adoption, the child who has not reached the age of 18 is considered to have never been a Romanian citizen, if he resides abroad or if he leaves the country to house abroad. (2) In case of dissolution of adoption the child who has not reached the age of 18 loses the Romanian citizenship on the date of dissolution of the adoption, if he resides abroad or if he leaves the country to house abroad. C. By granting on request + Article 8 (1) The Romanian citizenship may be granted, upon request, to the person without citizenship or to the foreign citizen, if he meets the following conditions: a) was born and domiciled, on the date of application, on the territory of Romania or, although he was not born on this territory, domiciled under the law on the territory of the Romanian state for at least 8 years or, if he is married and living with a Romanian citizen, at least 5 years after the date of marriage; b) proves, through behavior, actions and attitude, loyalty to the Romanian state, does not take or supports actions against the rule of law or national security and declares that even in the past it has not taken such actions; c) has reached the age of 18; d) has provided in Romania legal means for a decent existence, under the conditions established by the legislation on the regime of foreigners; e) is known with good behavior and has not been convicted in the country or abroad for a crime that makes him unworthy of being a Romanian citizen; f) knows the Romanian language and possesses elementary notions of Romanian culture and civilization, to the extent sufficient to integrate into social life; g) knows the Romanian Constitution and national anthem. (2) The terms provided in par. ((1) lit. a) can be reduced up to half in the following situations: a) the applicant is an internationally recognized personality; b) the applicant is the citizen of 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 citizen or the person without citizenship who requested to be granted Romanian citizenship is outside the territory of the Romanian state for a period of more than 6 months during a year, that year shall not be taken into account when establishing the period provided in par. ((1) lit. a). + Article 8 ^ 1 Romanian citizenship can be granted, upon request, to the person without citizenship or to the foreign citizen who has particularly contributed to the protection and promotion of Romanian culture, civilization and spirituality, with the possibility of establishing domicile in the country or its maintenance abroad, if it meets the conditions laid down in art. 8 8 para. ((1) lit. b), c) and e). ---------- Article 8 ^ 1 has been introduced by item 1. 1 1 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. + Article 8 ^ 2 Romanian citizenship can be granted, upon request, to the person without citizenship or to the foreign citizen who can contribute significantly to the promotion of Romania's image through outstanding performances in the field of sport, with the possibility of establishing residence in the country or with its maintenance abroad, if the following conditions are met: a) the applicant will represent Romania in the national lots, in accordance with the statutory regulations of the international sports federation to which Romania is affiliated; b) the applicant meets the conditions laid down in 8 8 para. ((1) lit. b), c) and e) and expresses its attachment to Romania and to the system of values specific to the Romanian society. ---------- Article 8 ^ 2 was introduced by the section 1 1 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. + Article 9 (1) The child born of parents foreign citizens or without citizenship and who has not reached the age of 18 acquires Romanian citizenship with his parents. (2) If only one of the parents acquires the Romanian citizenship, the parents will decide, in agreement, on the citizenship of the child. If the parents do not agree, the court of the minor's domicile will decide, taking into account its interests. In the case of the child who has reached the age of 14 it is necessary to consent (3) The child acquires Romanian citizenship on the same date as his parent. (4) If the minor has acquired Romanian citizenship under the conditions of par. ((1) or (2) and has not been included in the parent's certificate of citizenship or has not been issued a certificate of citizenship according to the provisions of art. 20 20 para. (7) or (11), parents or, as the case may be, the parent, Romanian citizens, may request the transcript or registration in the Romanian civil status registers of certificates or civil status extracts issued by foreign authorities under the conditions Law no. 119/1996 on civil status documents, republished, with subsequent amendments and completions. ---------- Alin. ((4) of art. 9 9 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. Note
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* *) Law no. 119/1996 on the civil status documents was republished in the Official Gazette of Romania, Part I, no. 743 743 of 2 November 2009.
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(5) The child who has reached the age of 14 may make the application for transcription or enrolment of the certificate or the birth extract in his own name. In this case, the proof of the minor's citizenship is made with the identity card or passport issued/issued by the Romanian authorities to the parent or with the certificate provided in art. 20 20 para. ((4).
+ Article 10 (1) The Romanian citizenship may also be granted to persons who have lost this citizenship, as well as to their descendants up to the second degree inclusive and who demand their regaining, with the preservation of foreign citizenship and the establishment of domicile in the country or with keeping it abroad, if they properly meet the conditions laid down in art. 8 8 para. ((1) lit. b)-e). (2) Provisions of para. (1) shall also apply to the stateless former Romanian citizens and their descendants up to the second degree inclusive. (3) The acquisition of citizenship by one of the spouses has no consequence on the nationality of the other spouse. The foreign or non-citizen spouse of the person who reacquires Romanian citizenship may ask for the granting of Romanian citizenship under the present law. + Article 11 (1) Persons who were Romanian citizens, but lost Romanian citizenship for reasons not attributable to them or to whom this citizenship was lifted without their will, as well as their descendants up to the third degree, on request, can regain or receive their citizenship. may grant Romanian citizenship, with the possibility of preserving foreign citizenship and establishing domicile in the country or with its maintenance abroad, if they meet the conditions provided in art. 8 8 para. ((1) lit. b), c) and e). ---------- Alin. ((1) of art. 11 11 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. (2) Provisions art. 10 10 para. ((2) and (3) shall apply accordingly.
+ Chapter III Procedure for granting Romanian citizenship + Article 12 The approval of applications for granting or reacquisition of Romanian citizenship is made by order of the President of the National Authority for Citizenship, based on the proposals of the Commission for Citizenship. + Article 13 (1) The application for granting or, as the case may be, the reacquisition of Romanian citizenship shall be formulated in Romanian, shall be addressed to the Commission for citizenship and shall be submitted personally or, in duly justified cases, by proxy with special and authentic power of attorney the headquarters of the National Authority for Citizenship, being accompanied by acts proving the fulfilment of the conditions provided by this law. (2) Applications for the reacquisition or granting of Romanian citizenship based on the provisions of art. 10 10 para. ((1) and art. 11 may also be submitted to diplomatic missions or consular offices of Romania. If applications have been submitted to the diplomatic missions or consular offices of Romania, they will be sent immediately to the Citizenship Commission of the National Citizenship Authority. (3) Applications for granting Romanian citizenship based on the provisions of art. 8 ^ 1 can also be submitted to the diplomatic missions or consular offices of Romania in the state on the territory of which the applicant is domiciled. In this case, the application will be sent, immediately, to the Citizenship Commission of the National Citizenship Authority, through the Ministry of Foreign Affairs, accompanied by a view issued by the diplomatic mission or office. consular on the fulfilment of the condition that the applicant has significantly contributed to the protection and promotion of Romanian culture, civilization and spirituality. If the application was submitted to the National Authority for Citizenship, the Citizenship Commission will ask the Ministry of Foreign Affairs for the view on meeting the condition that the applicant has contributed to the Significant way to protect and promote Romanian culture, civilization and spirituality. ---------- Alin. ((3) of art. 13 13 has been introduced by section 4 4 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. + Article 13 ^ 1 (1) In the case of persons provided in art. 8 ^ 2, by derogation from the provisions of art. 12, the granting of Romanian citizenship is made by Government decision initiated by the Ministry of Youth and Sports. (2) The application for granting of Romanian citizenship based on the provisions of art. 8 ^ 2 is submitted to the Ministry of Youth and Sports, as the only public authority that formulates proposals on the granting of Romanian citizenship based on this article. (3) The Ministry of Youth and Sports shall submit to the Commission for citizenship of the National Authority for Citizenship the application accompanied by the supporting documents and the proposal on the granting of Romanian citizenship, in order to verify the fulfilment the conditions provided in art. 8 8 para. ((1) lit. b), c) and e). ((4) Based on the report of the Commission for Citizenship of the National Authority for Citizenship, which finds that the conditions laid down in art. 8 8 para. ((1) lit. b), c) and e), the Ministry of Youth and Sports proposes to the Government to grant Romanian citizenship. ((5) If the Commission for Citizenship finds that the conditions laid down in art. 8 8 para. ((1) lit. b), c) and e), the President of the National Authority for Citizenship rejects, by order, the application for citizenship. The order will be communicated, immediately, to the applicant, by registered letter with confirmation of receipt, as well as to the Ministry of Youth and Sports. (6) The Romanian citizenship shall be acquired on the date of the swearing-in of the faith towards Romania. Art. 20 relating to the submission of the oath of allegiance shall be duly applicable. (7) Failure, for reasons attributable to the person who obtained the Romanian citizenship under the conditions of art. 8 ^ 2, of the oath of faith, within the period provided by law, shall entail the termination of the effects of the decision provided in ((1). The finding of termination of the effects of the Romanian citizenship award is made by the president of the National Authority for Citizenship. ---------- Article 13 ^ 1 was introduced by item 1. 5 5 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. + Article 14 (1) The Commission for Citizenship, hereinafter referred to as the Commission, an entity without legal personality within the National Citizenship Authority, shall verify that the conditions laid down by law for granting, reacquiring, withdrawing or renunciation of Romanian citizenship. (. The Commission shall have a technical secretariat set up within the framework of the National Citizenship Authority. (3) Members of the Commission and its chairman shall be appointed by order of the Minister of Justice, for a term of 2 years, and may be revoked for the term of office by order of the Minister of Justice. (4) The Commission has permanent activity, consists of 21 members, legal specialized personnel assimilated to judges and prosecutors of the National Authority for Citizenship, of which one has the status of president. The works of the Commission are not public, they are carried out in the presence of at least 3 members and are chaired by the president, and in his absence, by a member appointed by him. ---------- Alin. ((4) of art. 14 14 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. (5) The fulfilment or, as the case may be, the failure to fulfil the conditions provided by law for granting or regaining the Romanian citizenship shall be found by a reasoned report, which shall be adopted by the Commission with the vote of In the event of parity, the vote of the President of the Commission or his replacement shall be + Article 15 ((. The application for granting or re-acquisition of citizenship shall be registered with the technical secretariat of the Commission. If it finds the lack of documents necessary to address the request, the President of the Commission shall request, by resolution, the completion of the If, no later than 6 months after receipt of the request, the necessary documents are not sent, the application will be rejected as unsupported. (2) The President of the Commission, by resolution, shall determine the time limit at which the application for granting or re-acquisition of citizenship will be debated, while at the same time ordering relations from any authorities regarding the fulfilment of the conditions laid down in art. 8 8 para. ((1) lit. b) and e). ((. At the time limit set for the purpose of the debate on the application, the Commission shall verify that the conditions necessary for granting or re-acquiring the nationality are fulfilled, except 8 8 para. ((1) lit. f) and g). ((4) Where the Commission finds the need for the hearing of persons who might give useful information in order to resolve the application, it shall order them to be read, setting a new deadline. ((5) If the conditions for granting Romanian citizenship are met, the Commission shall establish, within a period not exceeding 6 months, the appointment of the person to the interview organized for the verification of the conditions provided for in art. 8 8 para. ((1) lit. f) and g). (6) In the case of applications for granting Romanian citizenship formulated according to art. 8 ^ 1, the Commission, through a reasoned report, elaborated with the consideration of the point of view of the Ministry of Foreign Affairs, as well as the other documents necessary for the resolution of the application, provided by law, failure to meet the conditions for granting Romanian citizenship provided in art. 8 8 ^ 1. ---------- Alin. ((6) of art. 15 15 has been introduced by section 7 7 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. + Article 16 (1) The application for granting or reacquiring the Romanian citizenship, formulated according to art. 11 11, is registered with the Technical Secretariat of the Commission. (. The President of the Commission for Citizenship, by resolution, shall: a) the request for relations from any authorities regarding the fulfilment of the conditions provided in art. 8 8 para. ((1) lit. b) and e), to be communicated to the Commission within a period not exceeding 60 days, and in exceptional situations, within the limits of the term provided for in lett. c); ---------- Lit. a) a par. ((2) of art. 16 16 has been amended by section 4.2 1 1 of art. unique from LAW no. 44 44 of 14 March 2013 , published in MONITORUL OFFICIAL no. 148 148 of 20 March 2013. b) the completion of the file, no later than 4 months after receipt of the request of the technical secretariat of the Commission by the applicant, if the lack of documents necessary to settle the application is found, under penalty of rejection of the application as unsupported; ---------- Lit. b) a par. ((2) of art. 16 16 has been amended by section 4.2 8 8 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. c) fixing the first term, to which the Commission will verify the fulfilment of the conditions necessary to grant or regain the Romanian citizenship according to art. 11, no later than 5 months after the date of registration. ---------- Lit. c) a par. ((2) of art. 16 16 has been amended by section 4.2 8 8 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. + Article 16 ^ 1 If the person who has applied for the grant or re-acquisition of the Romanian citizenship is investigated in a criminal case, the Commission, if there are no other reasons for the rejection of the application, may order the suspension of the procedure for granting or reacquiring of Romanian citizenship until the completion of that cause. ---------- Article 16 ^ 1 has been introduced by item 1. 9 9 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. + Article 17 (1) If the conditions required by law for granting or regaining citizenship are not met, as well as in case of non-promotion of the interview provided in art. 15 15 para. ((5) or the failure to submit, unduly, to support it, the Commission, by a reasoned report, proposes to the President of the National Authority for Citizenship to reject the application. (2) A new application for granting or reacquiring Romanian citizenship may be submitted 6 months after the rejection of the previous application. + Article 18 (. If the applicant is declared admitted to the interview, the Commission shall draw up a report stating the meeting of the legal conditions for granting or, where appropriate, the regaining of the nationality. (2) The report, accompanied by the application for granting of citizenship, shall be submitted to the President of the National Authority for Citizenship. + Article 19 (1) The President of the National Authority for Citizenship, ascertaining the conditions provided for by this Law, shall issue within a period that shall not exceed 3 days the order granting or reacquiring the Romanian citizenship, as the case may be. The order for granting or reacquiring the 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. ---------- Alin. ((1) of art. 19 19 has been amended by section 2 2 of art. unique from LAW no. 44 44 of 14 March 2013 , published in MONITORUL OFFICIAL no. 148 148 of 20 March 2013. (2) If it finds the non-fulfilment of the conditions provided by law, the President of the National Authority for Citizenship shall reject, by order, the application for granting or regaining citizenship. (3) The Order of the President of the National Authority for Citizenship for granting or reacquiring the Romanian citizenship, respectively the order rejecting the application for granting or reacquiring the Romanian citizenship shall be communicated, immediately, to the applicant, by recommended letter with acknowledgement of receipt. (4) The order rejecting the application for granting or regaining the Romanian citizenship can be appealed, within 15 days from the date of communication, to the Administrative and Fiscal Litigation Section of the Bucharest Tribunal. The judgment of the tribunal can be appealed to the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal. ------- Alin. ((4) of art. 19 19 has been amended by section 1 1 of art. VII of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 89 of 12 February 2013. + Article 20 (1) The Romanian citizenship shall be granted or reacquired on the date of the swearing-in of the faith. (2) Within 6 months from the date of communication of the order of the President of the National Authority for Citizenship granting or regaining the Romanian citizenship or, as the case may be, from the publication in the Official Gazette of the Government's decision granting Romanian citizenship, people who have been granted or who have regained Romanian citizenship will take the oath of allegiance to Romania. (3) In duly justified cases, the term provided in par. ((2) may be extended only once, if the request for extension accompanied by documentary evidence is made before its fulfilment. (4) The request for extension provided in par. (3) is approved by the President of the National Authority for Citizenship or, as the case may be, the head of the diplomatic mission or consular office. (5) The oath of allegiance shall be submitted at the solemn sitting before the Minister of Justice or the President of the National Authority for Citizenship or one of the 2 Vice-Presidents of the delegated authority in this regard and shall have the following content: "I swear to be devoted to the Romanian homeland and people, to defend national rights and interests, to respect the Constitution and the laws of Romania." (6) After taking the oath, the Commission shall issue the certificate of Romanian citizenship, which shall be drawn up in two copies, signed by the President of the National Authority for Citizenship, of which a copy shall be presented to the holder. Both copies of the certificate contain safety features and have applied photographs of the holder. (7) If minor children acquire Romanian citizenship with their parents or with one of them, they will be enrolled in the parents ' citizenship certificate and do not take the oath. (8) The person who obtained the Romanian citizenship under the conditions provided in art. 10 and 11, with the maintenance of domicile abroad, will take the oath of allegiance, within the deadline provided by law, before the head of the diplomatic mission or the consular office of Romania in the country where he resides. In this case, the Romanian citizenship certificate will be issued by the head of the diplomatic mission or the respective consular office. The head of the diplomatic mission or consular office may delegate these duties to another member of the diplomatic staff or consular. (9) The person who obtained the Romanian citizenship under the conditions provided in art. 10 and 11, with the maintenance of domicile abroad, can take the oath of faith and under the conditions provided in par. (5), within the period provided by law, with the agreement of the head of the diplomatic mission or of the consular office of Romania in the country where they reside. (10) Provisions of para. (8) and (9) shall also apply accordingly to persons who have obtained Romanian citizenship under the conditions provided in art. 8 8 ^ 1. (11) If the child becomes a major during the process of settling the application and until the date of the acquisition by the parents of the Romanian citizenship, he will take the oath and be issued a certificate of distinct citizenship. ---------- Article 20 has been amended by point 10 10 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. + Article 21 (1) Failure, for reasons attributable to the person who obtained the Romanian citizenship, of the oath of faith, within the term provided in art. 20 20 para. ((2), shall bring an end to the effects of the order granting or reacquiring the Romanian citizenship to the person concerned. (2) The finding of termination of the effects of the order granting or reacquiring the Romanian citizenship to persons who have not been sworn in under the law shall be made by the President of the National Authority for Citizenship, upon referral the specialist directorate within the authority, or, as the case may be, the head of the diplomatic mission or consular office. (3) The person who dies before the oath of allegiance to Romania is recognized as a Romanian citizen, at the request of his legal successors, from the date of issue of the order of the President of the National Authority for Citizenship granting or reacquiring the Romanian citizenship, to be issued the certificate of citizenship by the Commission. The application may be submitted within one year from the date of death of the holder of the application for granting or reacquiring the Romanian citizenship. (4) The person who cannot take the oath of allegiance to Romania due to a permanent disability or chronic disease shall obtain the Romanian citizenship from the date of issue of the order of the President of the National Authority for the Citizenship of granting or, where applicable, the reacquisition of the Romanian citizenship, on the basis of the application and medical records, transmitted in this regard, personally or through the legal or conventional representative with a special mandate, until the date of completion of the granting procedure or, where applicable, of regaining citizenship. The application to the Commission on the issue of the certificate of citizenship may be made within one year from the date of the date of the taking-to-knowledge of the term of the oath Failure to submit the application within one year shall bring an end to the effects of the order of the President of the National Authority for Citizenship to grant or regain the Romanian citizenship. + Chapter IV Proof of Romanian + Article 22 (1) The proof of Romanian citizenship is made with the identity card or, as the case may be, with the identity card, with the passport, with the travel title without the mention "uncertain identity", with the certificate provided in art. 20 20 para. (6) or with the documents provided in art. 23. ((2) The child's citizenship until the age of 14 turns out with the passport, with the travel title without the mention "uncertain identity" or with his birth certificate, accompanied by the bulletin or identity card, as the case may be, or the passport of any of the parents, or with the documents provided in art. 23. ---------- Article 22 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. + Article 23 In case of need the diplomatic missions or consular offices of Romania issue, on request, evidence of citizenship for Romanian citizens abroad. + Chapter V Losing Romanian citizenship + Article 24 Romanian citizenship is lost by: a) withdrawal of Romanian citizenship; b) approval of the waiver of Romanian citizenship; c) in other cases provided by law. A. By withdrawing Romanian citizenship + Article 25 (1) The Romanian citizenship can be withdrawn to the person who: a) abroad, performs particularly serious acts by which the interests of the Romanian state harm or damage the prestige of Romania; b) located abroad, enlist in the armed forces of a state with which Romania has broken diplomatic relations or with which it is in a state of war; c) obtained Romanian citizenship by fraudulent means; d) is known to have links with terrorist groups or has supported them, in any form, or has committed other acts that endanger national security. (2) The Romanian citizenship cannot be withdrawn from the person who acquired it by birth. + Article 26 The withdrawal of the Romanian citizenship does not take effect on the citizenship of the spouse or children of the person who was withdrawn B. By approving the waiver of Romanian citizenship + Article 27 For thorough reasons one can approve the renunciation of Romanian citizenship to the person who has reached the age of 18 and who: a) is not accused or indicted in a criminal case or does not have to execute a criminal punishment; b) is not pursued for debits to the state, natural or legal persons in the country or, having such debits, acquits them or presents appropriate guarantees for their payment; c) has acquired or requested and has the assurance that it will acquire another citizenship. + Article 28 (1) The loss of Romanian citizenship by the approval of the waiver does not produce any effect on the citizenship of the minor (2) However, if both parents obtain the approval of the waiver of Romanian citizenship, and the minor child is with them abroad or leaves with them the country, the minor loses Romanian citizenship with his parents, and if they lost Romanian citizenship on different dates, on the last of these dates. The minor child who, to house abroad, leaves the country after both parents lost Romanian citizenship loses Romanian citizenship on the date of his departure from the country. ((3) Provisions of para. ((2) shall apply accordingly and where only one of the parents is known or is alive. (4) The minor child, entrusted by court decision to the parent who has his domicile abroad and who gives up his citizenship, loses Romanian citizenship on the same date as the parent to whom he was entrusted and to whom he lives, provided Obtaining the agreement of the other parent, (5) In the situations provided in par. (2)-(4) the child who has reached the age of 14 is required to consent. C. Other cases of loss of Romanian citizenship + Article 29 (1) The minor child, a Romanian citizen, adopted by a foreign national, loses the Romanian citizenship, if, at the request of the adopter or, as the case may be, the adopters, acquires their citizenship under the conditions provided by the foreign law. The minor who has reached the age of 14 is required to consent. (2) Date of loss of Romanian citizenship under par. (1) is the date of acquisition by the minor of the adopter's citizenship. (3) In case of declaration of invalidity or cancellation of adoption, the child who has not reached the age of 18 is considered to have never lost Romanian citizenship. + Article 30 (1) In the situation provided for in art. 5 5 para. (3) the child found loses Romanian citizenship, if until his 18th birthday he was established his parentage to both parents, and they are foreign citizens. (2) The Romanian citizenship is also lost if the parentage was established only towards a foreign citizen parent, the other parent remaining unknown. (3) Date of loss of Romanian citizenship under par. ((1) and (2) is the date of establishment of the child's branch + Chapter VI Procedure for withdrawing Romanian citizenship and approving the waiver of Romanian citizenship + Article 31 (1) The application for waiver of Romanian citizenship, accompanied by the supporting documents provided in art. 27 27, shall be submitted to the technical secretariat of the Commission or to the diplomatic missions or consular offices of Romania in the country where the applicant has his domicile or residence. ((. If it finds the lack of documents necessary to resolve the application, the President of the Commission shall, by resolution, request the completion of the If, no later than 6 months after the communication, the necessary documents are not sent, the application will be rejected as unsupported. ((3) If the file contains all the documents necessary to settle the application for renouncing the Romanian citizenship, the President of the Commission, by resolution, has the request for relations from any authorities regarding the fulfilment of the condition provided, as appropriate, in art. 27 lit. a) and b). (4) The President of the National Authority for Citizenship shall order, by order, his approval, as the case may be, to reject the application for renouncing the Romanian citizenship, on the basis of the Commission's report, by which it finds that provided in art. 27. (5) The Order of the President of the National Authority for Citizenship of Approval or, as the case may be, rejecting the application for waiver of Romanian citizenship shall be communicated to the applicant, by registered letter with acknowledgement of receipt (6) The order to reject the request for waiver of Romanian citizenship can be appealed, within 15 days from the date of communication, to the Bucharest Court. The judgment of the tribunal can be appealed to the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal. ------- Alin. ((6) of art. 31 31 has been amended by section 2 2 of art. VII of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 89 of 12 February 2013. (7) The loss of Romanian citizenship by renunciation takes place on the date of issue of the certificate of waiver of Romanian citizenship. ((8) The proof of waiver of Romanian citizenship is made with the certificate issued by the secretariat of the Commission, for persons residing in Romania, or by the diplomatic missions or consular offices of Romania, for persons residing or residence abroad, based on the order of the President of the National Citizenship Authority. (9) The non-submission in order to issue the certificate of waiver of Romanian citizenship, within 6 months from the date of communication of the order of the President of the National Authority for Citizenship approving the request for waiver of Romanian citizenship, attracts termination of the effects of the order to the person ---------- Alin. ((9) of art. 31 31 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. (10) The finding of termination of the effects of the order approving the waiver of Romanian citizenship towards persons who did not appear in order to issue the certificate of waiver of Romanian citizenship within the period provided in par. (9) shall be made by the President of the National Authority for Citizenship, upon referral of the specialized direction within the authority or, as the case may be, by the head of the diplomatic mission or consular office. ---------- Alin. ((10) of art. 31 31 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 37 37 of 9 September 2015 published in MONITORUL OFFICIAL no. 697 697 of 15 September 2015. + Article 32 ((1) Any authority or person who is aware of the existence of a reason for the withdrawal of the Romanian citizenship may refer the matter to the Commission in writing, having the obligation to present the evidence at its disposal. (. The President of the Commission shall, by resolution, determine the time limit for the withdrawal of the withdrawal notice, while at the same time: a) the request of the competent authorities regarding the fulfilment of the legal conditions regarding the withdrawal of citizenship; b) the invitation of the person who made the complaint, as well as of any person who could give useful information to the resolution of the application; c) the citation of the person concerned at the known domicile or, if it is not known, by publishing the citation in the Official Gazette of Romania, Part III. The citation of the person takes place at least 6 months before the deadline fixed for the debate of the complaint. (3) At the time limit set for the debate on the complaint, the Commission shall verify the fulfilment of the conditions It hears the persons cited according to par. ((2) lit. b) as well as the person concerned. The lack of the legal person cited does not prevent the procedures for withdrawing Romanian citizenship. (4) If the Commission finds its fulfilment or, as the case may be, not fulfilling the legal conditions for the withdrawal of the Romanian citizenship, the Commission will propose to the President of the National Authority for Citizenship, by a reasoned report Romanian citizenship or, where applicable, rejection of the complaint. (5) The President of the National Authority for Citizenship, ascertaining the conditions stipulated by the law, issues the order to withdraw the Romanian citizenship, respectively to reject the notification of withdrawal of citizenship, if it finds failure to meet the conditions provided by law (6) The Order of the President of the National Authority for Citizenship of Admission or rejection of the notice of withdrawal of citizenship shall be communicated to the person concerned, as well as to the person who made the referral, by registered letter with confirmation of reception. (7) The order may be appealed, within 15 days from the date of communication, to the administrative and fiscal section of the court of residence or, as the case may be, the residence of the applicant. If the applicant does not have his domicile or residence in Romania, the order can be appealed, at the same time, to the Administrative and Fiscal Division of the Bucharest Tribunal. The tribunal's ruling is final and irrevocable. ------- Alin. ((7) of art. 32 32 has been amended by section 3 3 of art. VII of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 89 of 12 February 2013. (8) The loss of Romanian citizenship by withdrawal takes place on the date of issue of the order of the President of the National Authority for Citizenship approving the withdrawal of + Chapter VII Final and transitional provisions + Article 33 There are and remain Romanian citizens the persons who have acquired and preserved this citizenship according to the previous legislation. + Article 34 (1) Applications regarding the granting of Romanian citizenship and the approval of the waiver of Romanian citizenship are subject to a tax provided by law. (2) By way of derogation from the provisions of paragraph (1), the regaining of Romanian citizenship according to art. 10 10 para. ((2) and art. 11 is exempt from the payment of the taxes provided by law. + Article 35 Persons who have been granted Romanian citizenship, according to the law, have all rights and freedoms, as well as the obligations provided by the Constitution and the laws of the country for Romanian citizens. + Article 36 (1) The Romanian citizenship entitled "honorary citizenship" may be granted to foreigners for special services to the Romanian country and nation, at the proposal of the Government, without any other formality, by the Romanian Parliament. (2) Persons who have acquired honorary citizenship enjoy all civil and political rights recognized to Romanian citizens, except for the right to choose and to be elected and to occupy a public office. + Article 37 For situations where the consent of the other parent or minor who has reached the age of 14 is required, it must be made in the form of a genuine declaration given before the notary public or, abroad, at diplomatic missions or consular offices of Romania. + Article 37 ^ 1 Disputes concerning administrative acts, issued or adopted in application of the provisions of this Law, other than those provided by art. 19 19 para. ((4), art. 31 31 para. ((6) and art. 32 32 para. (7), as well as disputes regarding the unjustified refusal of the issuance of these acts are the competence of the administrative and fiscal section of the tribunal. The judgment handed down by the court can be appealed to the administrative and fiscal litigation section of the appellate court. ------- Article 37 ^ 1 has been introduced by item 4 4 of art. VII of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 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 on the date of entry into force of this Law shall be resolved in accordance with its provisions. The conditions for the acquisition of Romanian citizenship remain subject to the regulations in force on the date of application + Article 39 On the date of entry into force of this Law, the Law no. 24/1971 -Romanian citizenship law, Decree-Law no. 137/1990 on some provisions on Romanian citizenship, the provisions of art. 3 3 and ale art. 8 of Decree-Law no. 7/1989 on the repatriation of Romanian citizens and former Romanian citizens, as well as any other provisions contrary to the provisions of this law. Note
NOTE:
We reproduce below provisions that are not incorporated into the republished form of Law no. 21/1991 and which continue to apply as own provisions of the amending acts:
1. Art. IV of Government Emergency Ordinance no. 87/2007 for amendment Romanian Citizenship Law no. 21/1991 :
" Art. IV. -Letter n) of Article 11 of Law no. 90/2001 on the organization and functioning of the Romanian Government and ministries, published in the Official Gazette of Romania, Part I, no. 164 of 2 April 2001, as amended and supplemented, shall be repealed. ';
2. Art. II of Law no. 354/2009 on approval Government Emergency Ordinance no. 36/2009 to amend and supplement Romanian Citizenship Law no. 21/1991 :
"" Art. II*). -As of 1 January 2010, in order to register applications for the acquisition or granting of Romanian citizenship, formulated under the provisions of art. 101 101 * *) of the Romanian Citizenship Law no. 21/1991 , republished, with subsequent amendments and completions, territorial offices will be established under the National Authority for Citizenship. "
* *) Art. II was amended by Government Emergency Ordinance 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 93 of 10 February 2010. **) Art. 101 has become following the renumbering of art. 11. ----------
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