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Law No. 5 Of 18 March 1971 Concerning Identity Documents Of Romanian Citizens As Well As The Procedure Of Change Of Domicile And Habitual Residence

Original Language Title:  LEGE nr. 5 din 18 martie 1971 cu privire la actele de identitate ale cetăţenilor români precum şi la procedura schimbării domiciliului şi a reşedinţei

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LEGE no. 5 5 of 18 March 1971 on the identity documents of Romanian citizens as well as on the procedure of changing domicile and residence
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL MONITOR no. 36 36 of 18 March 1971



+ Chapter 1 + Article 1 Identity document within the meaning of this law is the identity card. In the cases and conditions provided by this law act of identity is also the certificate of identity. + Article 2 Identity documents are issued to Romanian citizens who have reached the age of 14 years and who reside on the territory of the Socialist Republic of Romania. + Article 3 The identity document, the Romanian citizenship and the domicile of the holder are shown with the identity document. + Article 4 The issuance of identity documents and the registration of mentions in these acts are made by the militia bodies. In the cases provided by art. 10 10 para. 1 lit. b, the particulars in the identity documents shall be entered by the civil status bodies, and in the cases provided by art. 12, by the health organs. + Article 5 Persons who have been issued identity documents register in the records. + Chapter 2 + Article 6 Romanian citizens who have reached the age of 14 are obliged to have an identity document. At least 15 days before the fulfillment of this age, they must present themselves to the militia body to ask for the issuance of the identity card or, in the cases provided by law, of the identity certificate. + Article 7 The identity document shall be drawn up and shall be issued by the militia body in the constituency to which the person who makes the application resides or has his/her residence. The identity document is drawn up on the basis of the documents with which, according to the law, proof is made before the militia bodies, the family name and surname, civil status, Romanian citizenship, domicile, as well as, in the case of persons subject to obligations military, military situation. + Article 8 The identity card shall be issued with a term of validity of 10 years. Persons who have reached the age of 44 years are issued identity cards without a term of validity. + Article 9 Identity certificate shall be issued: a) persons who have lost or who have been destroyed, damaged or stolen identity card, until another bulletin is issued; b) persons who do not yet possess the necessary documents for issuing the identity card. The validity period of the identity certificate is established by the issuing body. + Article 10 A new identity document is issued: a) on expiry of the term for which the identity document has been issued; b) if the date of birth, surname or surname of the holder of the identity document or the surname of the parents has been modified; c) in case of cancellation of the identity document; d) in case of loss, destruction, damage or theft of the identity document; e) if the photo in the identity document no longer corresponds to the physiognomy of the holder of the act f) upon the expiry or revocation of the prohibition of being in certain localities. The holder of the identity document is obliged to present himself to the militia body for the issuance of the new identity document, within 15 days from the production of one of the situations provided in the letters a-d, and in the case provided for in the letter e, from the date when the finding of the mismatch between the photo on the identity document and the physiognomy is made by the militia body. If the amendments provided in par. 1 letter b, the civil status body is obliged to mention them in the identity document, while also enrolling the date of issue of the new certificate of civil status, and if situations are produced provided for in other letters of par. 1, the militia's organ is obliged to make mention of them. The identity document in which the militia or civil status body has entered into mention about one of the situations provided for in this Article shall lose its validity on the expiry of a period of 15 days from the date of registration of the term. + Article 11 In the identity documents the authorities of the militia register mentions regarding the change of domicile and residence, and on request, the data on the children of the holder of the act, if they have not reached the age of 14 years. At the communication of the courts, the authorities of the militia register in the identity documents the mention of the prohibition to be in certain localities, in the case of persons against whom this safety measure was taken. + Article 12 The identity document includes the blood group by the health bodies established by the Ministry of Health. For this purpose, the holder of the identity document is obliged to appear to the health bodies, in order to ask for the registration of the blood group, within 3 months of the issuance of the act. Holders of identity documents issued before the date of entry into force of this Law shall be obliged to request the registration of the blood group within one year from this date. In the identity documents of the parents will be able to register, on request, the blood group of children under the age of 14. + Article 13 Any changes, additions or mentions other than those provided for in this law, registered in the identity document, are prohibited and attract the nullity of the act. The annulment of the identity document in the situations provided for in the previous paragraph is made by the militia body that finds the existence of the case + Article 14 The person who finds an ID is obliged to hand him over within 48 hours to the nearest organ of the militia. + Article 15 They have the obligation to hand over the identity document to the nearest militia: a) the person who lost the Romanian citizenship; b) the person who leaves the country permanently; c) the civil status body, for the dead. The person who holds the identity document of the person who died is obliged to hand him over to the civil status organ where the death is inscribed. In the case referred to in point c the term of surrender of the identity document of the civil status body is 3 days. The civil status body is obliged to hand over the identity document to the militia body within 30 days at the latest. + Article 16 The identity documents of the persons detained, remanded in custody or serving custodial sentences shall be kept, as the case may be, by the administration of the arrests or penitentiaries and shall be handed over to the holders in their freedom. During the time the persons are admitted to special education institutes, their acts will be kept by the administration of these institutions in the institutions of protection or medical. + Article 17 Holders of identity documents, as well as those who according to this law have the right to detain and retain the identity documents of other persons, are obliged to take measures to avoid their loss, destruction, damage or theft. It is forbidden to give or receive for storage or for any other purpose of the identity document, apart from the cases provided by law. + Chapter 3 + Article 18 The person who changes his domicile is obliged within 5 days from the date of obtaining the proof from which it follows that he has the insured home to present himself to the militia body in the constituency to which he establishes his new domicile, for registration the indication in the identity document and in the population record sheet. Proof that the person who changes his domicile has the insured home is done with the deed of ownership, with the lease or sublease. People who change their domicile in a home belonging to the state housing stock, managed by enterprises subordinated to the executive committees of the popular councils, will also present the distribution order. In the case of the husband who moves to the other husband, parents who move to children and children who move to their parents, minors who move to people forced to give them maintenance, to the tutor or to people or families to whom they were given in family placement or to whom they have been entrusted for growth, education and maintenance, according to the law, as well as persons put under prohibition who move to their legal representatives, proof that they have the insured home can be done on the basis the written declaration of receipt in space, accompanied by the legal act from which it follows that the person making the declaration is the holder of the housing In the communes, proof that a person has the insured home can also be made with written declaration given in front of the militia body by the person who changes his domicile. + Article 19 In the identity document and in the records of the population the organ of the militia registered the mention of change of domicile, based on the proof from which it follows that the person concerned has the insured home. People subject to military obligations will also prove that they have been taken into the military record at the new home. + Article 20 The change of domicile from other localities to cities declared, according to the law, as large cities is done under the conditions provided by the special law. For the registration of the change of residence in large cities, in addition to the documents provided in art. 19 the evidence provided by the legal provisions on establishment of domicile in large cities will also be presented. + Article 21 The annulment of the act by which a person has shown that he has the insured dwelling, insofar as this act was obtained by fraudulent works or by the enjoyment of a crime, attracts the cancellation of the mention of change of domicile registered in Identity card. The body that took the measure of annulment of the act is obliged to communicate this to the local authority of the militia, within no more than 10 days. + Article 22 The person who temporarily lives more than 45 days at an address other than at his home is obliged to appear at the militia body in the constituency to which he has established his residence, for the registration of the corresponding claim in the act of identity. At the request of the person concerned, the militia body shall enter the statement of establishment, even if the temporary habitation does not exceed 45 days. The statement of establishment of the residence, entered in the identity document, shall be valid during the time the holder of the act lives there, but not more than one year after the date of its performance. At the request of the person concerned, the militia body may enroll a new mention. The entry for establishment of the residence shall be entered on the basis of the consent of the receipt in the dwelling given by the holder of the right of use The person arrived in a locality considered, according to the law, the border area is obliged to present himself to the militia body within the deadline provided by the rules governing the border regime. + Article 23 The bookkeeping of the residents of the buildings located in cities or other localities established by the Ministry of Internal Affairs and that serve totally or partially as the home is held by the building book. The provisions of the previous paragraph are not applicable to the premises of buildings located on the premises of military units, offices of diplomatic missions and consular offices, as well as in dwellings occupied exclusively by members of these missions and offices. The immovable book is entrusted by the bodies of the militia administrators or one of the residents of the property who are obliged to register the persons residing or residing in the respective building. Persons who change their domicile or residence are obliged to ask for registration in the building book at their new home, within 5 days of arrival in the building; at hotels or other such accommodation places the registration is made upon arrival. + Article 24 The hosting of a person who does not possess an identity document or who does not have the mention of change of residence or residence, after the passage of the deadlines provided for in this law, is prohibited. + Chapter 4 + Article 25 It constitutes contravention to the provisions of this law and is sanctioned as follows: a) violation of art. 6, 12 para. 2 2 and 3, art. 18 18 para. 1 1, art. 21 21 para. 2 2, art. 22 22 para. 1 1, art. 23 23 para. 3 3 and 4 and art. 24, with a fine of 40 to 200 lei; b) violation of art. 10 10 para. 2 2 and 3, art. 13 13 para. 1 1, art. 14, 15 and 17, with a fine of 100 to 400 lei. + Article 26 The finding of contraventions provided for in this law is made by the militia officers and subofficers, who also apply the fine. + Article 27 Against the minutes of finding the contravention you can make a complaint within 15 days from its communication, as the case may be, to the head of the county militia inspectorate, to the head of the militia of the municipality or the city or to the residents to them, and for the city of Bucharest, to the head of the Inspectorate of the militia of Bucharest or to its deputies, or to the heads of the militia of the sectors of Bucharest or their deputies. The complaint shall be settled by reasoned conclusion no later than 30 days after the date of registration. The conclusion by which the complaint was resolved is final and enforceable. + Article 28 Whenever the facts considered contraventions by this law are enjoyed in such conditions that according to the criminal law constitute crimes, they will be pursued, tried and sanctioned according to the criminal law. + Chapter 5 Final provisions + Article 29 The form and contents of identity documents, immovable books and records of population records, shall be established by the Ministry of Internal Affairs. + Article 30 The authorities of the militia communicate, at the request of natural or legal persons, the data regarding the domicile or residence of persons resulting from the records of population records. Also, the militia bodies communicate to the Central Statistics Department the necessary data on the population record. These data shall be agreed by the Ministry of Internal Affairs and the Central Statistics Directorate. + Article 31 The evidence of foreigners residing or residing in Romania is related to the legal provisions governing their regime. + Article 32 Decree no. 334/1957 on the population records regime, as amended by Decree no. 346/1959 ,, the contrary provisions of Decision of the Council of Ministers no. 840/1964 on the application of the population records regime, Decision of the Council of Ministers no. 2292/1969 for the establishment and sanctioning of contraventions to the population records regime, as well as any other provisions contrary to this law, shall be repealed. -----------