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Law No. 25 From 17 December 1969 On Aliens In The Socialist Republic Of Romania

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

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LEGE no. 25 25 of 17 December 1969 on the regime of foreigners in the Socialist Republic
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 146 146 of 17 December 1969



EXPLANATORY MEMORANDUM The continuous development of our country's external relations in the various fields (political, economic, cultural-scientific, sports, tourism) has led to an increase in interest in our country and as a result of an increase in the number of foreigners coming in Romania. Legislation relating to foreigners- Decree no. 260/1957 on the regulation of the entry, stay and exit of foreigners-included some restrictive provisions, such as those regarding the change of domicile and the movement of foreigners, which were exceeded, and also was not complete as it did not contain the rights and all the main obligations that foreigners have during their stay in Romania; it also does not establish the conditions of their employment or the criteria under which the competent bodies may allow their entry into the country. The considerations showed the adoption of a new law on the regime of foreigners. To this end, the law was adopted. This law establishes the principle that in Romania foreigners have, under the law, the rights of Romanian citizens, as well as their rights recognized by other laws or by international treaties to which Romania is a party. Foreigners do not enjoy political rights, however, they can only belong to Romanian citizens. Also, the law stipulates that, during the stay in Romania foreigners are obliged to comply with the Romanian laws. This specifies the rights and duties of foreigners in Romania and gives expression to the position adopted by our country in the recognition of human rights, in accordance with the principles enshrined in various international acts the promotion of which Romania has actively contributed. Recognizing foreigners the right to enter our country, the law also states situations in which, in the interest of state security and public order, they can be denied entry. In order to facilitate tourism, the law states the exemption from the obligation to register with the organs of the Ministry of Internal Affairs of foreigners who come to the country for a duration of less than 90 days. When determining the duration of less than 90 days it was envisaged that Decree no. 973/1968 on the passport regime provides in art. 7 7 para. 2 that the tourist visa entitles to stay in the Socialist Republic of Romania from 3 to 30 days and can be extended, on request, up to a maximum of 90 days. The extension of the tourist visa is granted by the organs of the Ministry of Internal Affairs which, on this occasion, exercises a control over foreigners who remain in the country and over the 30-day period. However, it is kept the obligation of registration for foreigners entering the country repeatedly for a total duration of more than 90 days in a year. The law establishes the conditions of issuing Romanian identity documents for foreigners, and in order to end improper practices prohibits the giving or receiving for the preservation of identity documents of foreigners, except for bodies of criminal prosecution that may keep the acts of persons detained. As regards the movement of foreigners from one locality to another, the change of domicile and their residence, in the law it was stipulated that the legal provisions existing in this matter for Romanian citizens also apply accordingly to foreigners. In this way the restrictions provided for by the old regulation on this issue are removed. For considerations of public order or state security, the law stipulates that the Ministry of Internal Affairs may limit the movement of foreigners, as well as the establishment of their domicile or residence in certain areas or localities. The foreigner who is made a communication in this regard is to change his domicile or residence in another locality. The law provides for the obligation of persons who provide a foreigner with housing for hosting or land for the installation of accommodation means, to announce about the arrival and departure of it the local body of the Ministry of Internal Affairs in hours term. This provision was necessary as the law no longer maintains the obligation of the travelling stranger, to present himself personally to the organs of the Ministry of Internal Affairs. This takes into account the interests of our country in the development of tourism and is envisaged in practice in this field in other countries. According to the law, the foreigner who violates the Romanian law or who by his attitude or behavior prejudices the interests of the Romanian state can be raised or limit the right to stay in Romania by the Ministry of Internal Affairs. This measure is also provided for in international agreements concluded by our country with other countries and is found regulated in the domestic legislation of other states. The foreigner who has been raised the right to stay in the country and who does not leave the Romanian territory within the term provided by law can be expelled by order of the Minister of Internal Affairs. For the case when the foreigner against whom the expulsion measure was taken is not allowed access to the territory of the state in which he is to enter or pass, it is stated that, by order of the Minister of Internal Affairs, his obligation will be established stay in a determined locality, prohibiting them from moving outside it. For considerations regarding the interests of the state, the law regulates the way and conditions in which foreigners can be employed during their stay in Romania. It is worth mentioning that the employment of foreigners is also subject in other states to restrictions arising from the interests of the defense of state security and other state superior interests. According to the law, the exit of foreigners from Romania can be done, as well as the entry, based on the acts provided by law for the passage of the However, the law provides for the possibility of prohibiting the exit from Romania of foreigners against whom acts of prosecution are carried out or there is a criminal trial, until the end of the reasons that determined this measure. In order to correspond to the international commitments that the Socialist Republic of Romania has assumed, the law states that its provisions on the regime of foreigners do not apply to foreigners citizens of the states with which Romania has concluded international agreements, in so far as they are otherwise ordered. Merging on the line of passing criminal acts that present a reduced social danger in the category of administrative deviations, the law establishes the contraventions that are enjoyed in violation of its provisions, as well as the corresponding sanctions. The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 In Romania foreigners have, under the law, the fundamental rights of Romanian citizens -except for political rights-, their civil rights, as well as any other rights recognized by law or by international agreements to which Romania is part. During their stay in Romania foreigners are obliged to respect the Romanian laws. + Article 2 They are foreigners, for the purposes of this law, people who do not have Romanian citizenship-whether they have a foreign citizenship or do not have any citizenship. + Chapter 2 Entry of foreigners in Romania + Article 3 Foreigners can enter the territory of Romania on the basis of documents for the passage of the Romanian state border, provided by law The documents for the crossing of the Romanian state border must be provided with a Romanian visa, which is granted to the diplomatic missions and consular offices of the Socialist Republic of Romania. Foreigners who want to visit Romania as tourists can enter the country on the basis of the tourist visa that is granted, on request, and by the checkpoints for the crossing of the Romanian state border. The documents for crossing the Romanian state border, issued by the competent bodies of another state, are exempt from the Romanian visa, in accordance with the international agreements to which Romania is a party. + Article 4 The foreigner can be refused entry to Romania, if: a) acted against Romania's interests or there are strong indications that coming to the country could act against the interests of the Romanian state; b) there are strong indications that they intend to enter the country to commit crimes: c) violated the norms regarding the regime of foreigners in Romania or customs, foreign exchange or those regarding the crossing of the Romanian state border; d) the right of residence in Romania was lifted, it was expelled or it is undesirable; e) does not prove that it has maintenance possibilities during the stay in Romania. + Chapter 3 Foreigners ' stay in Romania + Article 5 The legal provisions regarding domicile and residence established for Romanian citizens also apply accordingly to foreigners. The foreigner who enters Romania to establish himself with his domicile to establish his residence for a duration of more than 90 days will announce his arrival at the organ of the Ministry of Internal Affairs in the locality where he follows the domicilia or to have residence, within 3 days from the crossing of the Romanian state border, in order to take into account the Romanian identity document. The same obligation also have foreigners who have entered the country repeatedly, for personal interest, for a total duration of more than 90 days in a year. For the child under 14, the obligation to announce lies with the parent or other legal representative or his companion. Foreigners who come to Romania for a stay of less than 90 days are not obliged to present themselves to the organs of the Ministry of Internal Affairs to declare their residence. + Article 6 Foreigners who have reached the age of 14 are issued the following Romanian identity documents: a) identity card, for foreigners who establish their domicile in Romania; b) provisional card, for foreigners who establish their residence in Romania for a duration of more than 90 days. The child under 14 years is passed in the identity document of the parent or other legal representative or his companion. At the age of 14, foreigners are obliged to present themselves with the necessary documents to the local body of the Ministry of Internal Affairs, in order to obtain the Romanian identity document. + Article 7 The identity card is issued on the basis of the act of crossing the state border and civil status documents. The provisional ID is issued on the basis of the state border crossing act. + Article 8 The identity card shall be issued with a term of validity of 10 years and shall be aimed annually. The provisional card is issued with a term of validity for the period for which the stay in Romania was approved. + Article 9 At least 5 days before the expiry of the annual visa or the validity of the identity card, foreigners will appear at the local body of the Ministry of Internal Affairs in which they appear, for the annual visa or the issuance of a new carnet. The holder of the provisional card, who wants to obtain the extension of the term of stay in Romania, will present himself at least 24 hours before the expiry of its validity to the body provided for in the previous paragraph, for the issuance of a new identification or extension of the validity of the card. + Article 10 Any modification, addition or mention made on the identity card or on the provisional card by other bodies than those of the Ministry of Internal Affairs is prohibited and attracts the nullity of these acts. + Article 11 A new identity card or a new provisional card shall be issued: a) on expiry of the validity period for which they were issued; b) to the name change; c) in case of cancellation; d) in case of destruction, damage, theft or loss. + Article 12 Within 48 hours of the lack of identity card or provisional identification, the holder of the act will notify the nearest organ of the Ministry of Internal Affairs. The person who finds an ID for foreigners will hand him over to the nearest organ of the Ministry of Internal Affairs. + Article 13 The Romanian identity documents that have been issued to foreigners will be handed over, no later than 3 days after their erection, to the competent body of the Ministry of Internal Affairs, by: a) the body that ordered the arrest; if the measure was taken by the court, the obligation to hand over the documents lies with the body that executed the arrest: b) the civil status body, for the dead. + Article 14 Giving or receiving for safekeeping for any purpose the identity documents of foreigners, apart from the cases provided in art. 13, is prohibited. The prosecution body can keep the acts of the detained persons, during the time the detention lasts. + Article 15 The Romanian identity documents issued to the foreigner shall be withdrawn by the competent bodies of the Ministry of Internal Affairs, if: a) leave the country; b) the right of residence has been lifted in his country or is expelled; c) has acquired Romanian citizenship. + Article 16 The natural or legal person who provides a foreigner with housing for hosting or land for the installation of mobile accommodation is obliged to announce about the arrival and departure of it to the local body of the Ministry of Business Internal, within 24 hours. For the announcement the foreigner will be asked to complete a type record sheet, the content of which will be established by the Ministry of Internal Affairs. If it is found that the foreigner does not have a passport or another act of crossing the state border, identity card or provisional card, the one to whom the hosting is requested is obliged to notify immediately the local body of the Ministry Internal Affairs. + Article 17 The foreigner domiciled in Romania will announce to the body of the Ministry of Internal Affairs, in the record of which there is, any act or fact of civil status regarding his person, within the deadlines provided by law for Romanian citizens. The act or the fact of civil status intervened abroad will be announced when the foreigner found out about it, respectively on the date when he returned to Romania. + Article 18 For considerations of public order or state security, the Ministry of Internal Affairs may limit the movement of foreigners, as well as the establishment of their domicile or residence in certain areas or localities. The foreigner with domicile or residence in an area or locality of those provided in the previous paragraph shall be obliged, within the period established in the communication to be made by the body of the Ministry of Internal Affairs, to change his domicile or residence in another locality. + Article 19 The foreigner who came to Romania for a temporary stay is obliged to leave the country at the end of the stay. The stay in Romania can be extended by the competent body of the Ministry of Internal Affairs. The request for extension will be made at least 24 hours before the expiry of the term of stay; in case of force majeure, it may also be made after the expiry of the term of stay, but no later than 24 hours after the end of the major force. + Article 20 The Minister of Internal Affairs can raise or limit the right of residence in Romania to the foreigner who violated the Romanian law, as well as to the one who through his attitude or behavior has harmed the interests of the Romanian state + Article 21 The foreigner temporarily in Romania who has been raised the right of residence is obliged to leave the country within 48 hours from the date when it was brought to his attention, and if his right of residence was limited, he is obliged to leave the country at Date fixed. The foreigner with domicile in Romania who has been raised the right to stay in the country is obliged to leave the territory of Romania within 60 days from the date when he was brought to his attention. If they do not comply with the provisions of the previous paragraphs, the foreigner may be expelled by order of the Minister of Internal Affairs. If the foreigner is not allowed access to the territory of the state in which he is to enter or through which he is to pass, by order of the Minister of Internal Affairs he will be established the obligation of residence in a determined locality, until the departure from the country will be possible. The foreigner who has been established the obligation of stay in a certain locality can not move outside it except with the approval of the competent bodies of the Ministry of Internal Affairs. + Article 22 The foreigner is obliged to present himself immediately at the invitation to be made by any state body. Also, when asked by a state body, he must declare his quality as a foreigner. + Chapter 4 Employment of foreigners or their interest in the quality of members of public organizations + Article 23 Foreigners cannot be employed in the apparatus of state power bodies, in the units of the Ministry of Armed Forces, the Ministry of Internal Affairs, the Council of State Security, nor in the other organs of the state administration; they also cannot be elected or employed in the judicial or prosecutorial bodies. Foreigners can be employed, without being able to occupy management positions, in institutions, in enterprises or economic, state or public organizations, except for those who by the specificity of their activity present importance for defense and security the state. Ministries and other central state and public bodies will establish institutions, businesses and economic organizations where foreigners cannot be employed. Foreigners can interest the quality of members of public organizations if the status of these organizations does not prohibit them from the endowment of this quality. For the employment of foreigners according to the provisions of paragraph 2, as well as for the interest of the quality of members of an public organization, the agreement of the Ministry of Internal Affairs The agreement provided for in the previous paragraph does not require the employment of foreign nationals coming to Romania for the performance of a fixed-term activity, on the basis of contracts or international commitments concluded by Socialist organizations. + Article 24 Employment, transfer and termination of employment of foreigners shall be announced within 5 days by the employee, at the local body of the Ministry of Internal Affairs. The same obligation lies properly with public organizations, in terms of foreigners who become members of these organizations. + Article 25 Foreigners who come to Romania for a temporary stay for personal purposes or in transit on the Romanian territory cannot be employed or can carry out on their own any lucrative activity. + Chapter 5 Foreigners ' exit from Romania + Article 26 Foreigners can leave Romania based on the acts provided by law for the passage of the Romanian state border. + Article 27 The foreigner accused or indicted in a criminal case cannot leave the country only after removal from prosecution, termination of prosecution, termination of criminal proceedings or acquittal, and in case of conviction, only after the execution of the sentence. If the conviction was handed down with the conditional suspension of the execution of the sentence, the foreigner can leave the country after the decision has remained final. The foreigner who is not domiciled in Romania and is accused or indicted in a criminal case can leave the country even without fulfilling the conditions provided for in paragraph 1, if he has filed the bail provided by law. The foreigner who has to fulfil a maintenance obligation or an obligation resulting from the provision of public services may be allowed to leave the country, if there are adequate guarantees that they will be fulfilled. + Article 28 In the cases provided in art. 27, the competent bodies or interested persons shall notify the Ministry of Internal Affairs about the obligations of the foreigner, communicating the supporting documents. + Chapter 6 Contraventions + Article 29 The violation of the provisions of this law, shown below, constitutes contraventions and is sanctioned as follows: a) with a fine of 80 to 200 lei, contraventions to the provisions of art. 5, 6 para. 3. art. 9 9, 17, 22 and 38; b) with a fine of 160 to 300 lei, contraventions to the provisions of art. 10, 12 para. 1 1, art. 14 14 and Article 16 (1) and (2); c) with a fine of 200 to 500 lei, contraventions to the provisions of art. 16 16 para. 3 3, art. 19 19, 24 and 39; d) with a fine of 300 to 1000 lei, contraventions to the provisions of art. 18 18 para. 2 2, art. 21 21 para. 4 4, art. 23 23 para. 1 1, 2 and 4 and art. 25. + Article 30 The finding of the contraventions provided for in this law is made by the militia officers and subofficers, who, through the minutes of finding, also apply the sanction. + Article 31 Offenders can make a complaint against the minutes of finding the contravention within 15 days from its communication, as the case may be, to the head of the Bucharest City militia Inspectorate, to the head of the county militia inspectorate, to the head of the militia of the municipality or the city, or their deputies. The complaint shall be settled, by reasoned conclusion, no later than 30 days after the date of its registration. The conclusion by which the complaint was resolved is final and enforceable. + Article 32 Whenever the facts considered contraventions by this law are enjoyed in such incit conditions, according to the criminal law, they constitute crimes, they will be pursued, tried and sanctioned according to the criminal law. + Chapter 7 Final and transitional provisions + Article 33 Within the meaning of the present law, the organs of the Ministry of Internal Affairs are: the Directorate for passports, the registration of foreigners and the control of the border crossing, the Inspectorate of the militia of Bucharest and the municipal, city and communal of the militia. + Article 34 The record of foreigners is held by the organs of the Ministry of The Ministry of Internal Affairs will ensure the printing of the necessary record sheets, which it will provide to legal and physical persons who grant hosting to foreigners. The following categories of foreigners shall be exempted from the provisions of paragraph 1, the records of which shall be kept by the Ministry of Foreign Affairs: a) members of diplomatic missions, permanent representations, consular offices and consular-trade representatives, as well as members of their families; b) on the basis of reciprocity, invitations to members of diplomatic missions, permanent representations, consular offices and consular-commercial representations; c) foreigners who come on official missions to international governmental organizations and bodies or their departments, as well as their family members; d) correspondents of publications of news agencies and radio-foreign televisions, as well as their family members, on the basis of reciprocity. + Article 35 By decision of the Council of Ministers, special rules on the record and movement of foreigners mentioned in art. 34 34 para. 3. + Article 36 Foreigners who are granted the right of asylum can be exempted, by the Minister of Internal Affairs, from some obligations incumbent on them under the provisions of this law. + Article 37 The provisions of this law also apply to foreigners citizens of the states with which Romania has concluded international agreements, in so far as they do not have otherwise. + Article 38 Foreigners who come to the Socialist Republic of Romania and use their own means of accommodation can only be established with them on specially arranged land or which can be rented for this purpose. + Article 39 Socialist organizations that have foreign employees are obliged, within 60 days from the date of entry into force of this law, to submit their proposals to the bodies of the Ministry of Internal Affairs, in order to obtain the agreement provided for in art. 23 23 para. 4. If the organs of the Ministry of Internal Affairs do not agree with the maintenance of the foreigner in the place of work they are in, or the stranger, according to the provisions of art. 23, he cannot remain in office, the one who hired him will transfer him to another job, under the conditions of the Labor Code, in compliance with the provisions of art. 23 23 of this law. + Article 40 Decree no. 260/1957 on the regulation of the entry, stay and exit of foreigners from the Socialist Republic of Romania, published in the Official Bulletin no. 15 of 15 June 1957, as amended, as well as any other provisions contrary to this law, shall be repealed. ------------