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Law No. 201 Of 2 June 2009 Amending And Supplementing Law No. 119/1996 On The Civil Status

Original Language Title:  LEGE nr. 201 din 2 iunie 2009 pentru modificarea şi completarea Legii nr. 119/1996 cu privire la actele de stare civilă

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LEGE no. 201 201 of 2 June 2009 to amend and supplement Law no. 119/1996 on civil status documents
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 391 391 of 10 June 2009



The Romanian Parliament adopts this law + Article I Law no. 119/1996 on civil status documents, published in the Official Gazette of Romania, Part I, no. 282 of 11 November 1996, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 3, paragraph 1 shall be amended and shall read as follows: "" Art. 3. -(1) The civil status tasks shall be fulfilled by the county councils, respectively by the General Council of Bucharest, by the local community public services of record of persons, in the administrative-territorial units where they are constituted, as well as by civil status officers from the mayoralties of administrative-territorial units in which local community public services of record of persons do not operate. " 2. In Article 3 (2), after letter c) a new letter, letter d) is inserted, with the following contents: " d) civil status officers designated by order of the Minister of National Defence or, as the case may be, of the Minister of Administration and Interior, according to the provisions of 8 8 para. ((7). ' 3. In Article 3, paragraph 3 shall be amended and shall read as follows: " (3) The mayors and heads of diplomatic missions and consular offices of Romania may delegate or withdraw, as the case may be, the performance of the duties of civil status officer to the secretary of the administrative-territorial unit or other officials public from their own apparatus with competence in this field, respectively to the diplomatic agent who performs consular functions or to one of the consular officials. " 4. In Article 4, paragraph 2 shall be amended and shall read as follows: "(2) Persons without citizenship are obliged to request the registration of civil status documents and facts at the local community public service of record of persons or, as the case may be, at the competent city hall." 5. In Article 8, paragraphs 1, 3 and 7 shall be amended and shall read as follows: "" Art. 8. -(1) If the birth or death takes place on the train, on a ship or aircraft or in another means of transport during the journey on the territory of Romania, the preparation of the civil status act is done at the local community public service of record persons of the place of descent or landing or, as the case may be, the civil status officer of the town hall of the administrative-territorial unit on whose radius the descent or landing takes place. .......................................................................... (3) The master of the ship may conclude marriages only between persons of Romanian citizenship. He may approve, for thorough reasons, the reduction of the deadline provided for in art. 29 29 para. ((1). .......................................................................... (7) In case of mobilization, war, participation of armed forces in missions outside the territory of the Romanian state, the Ministry of National Defence or, as the case may be, the Ministry of Administration and Interior, for its own personnel, civil persons who register the civil status acts and acts of the military, civil personnel, as well as other categories of participants and communicate them to the local community public service of record of persons or, as the case may be, to the civil status of the competent administrative-territorial unit. " 6. Article 9 is amended and shall read as follows: "" Art. 9. -Any modification in the civil status of a person following the preparation of an act of civil status or, as the case may be, ordered by a final and irrevocable court decision or by an administrative act shall be communicated ex officio, in within 10 days, the local community public service of record of persons or, as the case may be, the civil status officer of the town hall of the administrative-territorial unit who drew up the act of birth, marriage or death of the person which this amendment concerns, with a view to the inclusion of the corresponding particulars. ' 7. In Article 11, paragraphs 3, 5 and 7 shall be amended and shall read as follows: " (3) The application shall be submitted to the local community public service of record of persons or, as the case may be, to the town hall of the administrative-territorial unit that has in keeping the register of civil status or from the domicile or residence If the civil status register is not in the preservation of the authority to which the application was submitted, it shall request the local public service of record of persons or, as the case may be, the mayor of the administrative-territorial unit competencies, within 3 days. If the copy 1 of the civil status act is missing or the documents were handed over to the National Archives, the local community public service of record of persons or the competent city hall, which receives the request, requests the extract, as the case may be, from on the act found in the preservation of the county council, of the General Council of Bucharest Municipality or of the National Archives, on the basis of which it prepares and issues the civil status certificate. The release of extracts from civil status documents in the preservation of the National Archives at the request of civil status offices and competent structures of the Ministry of Administration and Interior, as well as other public authorities is made Free. .......................................................................... (5) Applications regarding the procurement and issuance of civil status certificates of foreign citizens whose acts and civil status acts have occurred and registered in Romania, addressed to diplomatic missions and consular offices of these countries, accredited in Romania, as well as Romanian citizens abroad, addressed to diplomatic missions and career consular offices of Romania or the Ministry of Administration and Interior, will be solved by the National Inspectorate for the Records of Persons within the Ministry of Administration and Interior. .......................................................................... (7) Civil status certificates issued by the local community public service of record of persons or, as the case may be, of the civil status officer of the town hall of the administrative-territorial unit who registered the acts and deeds of state Civil are also valid abroad. " 8. in Article 11, after paragraph 7, a new paragraph (8) is inserted, with the following contents: "(8) The civil status certificates shall be completed with special black ink, as well as, as the case may be, in computer system, under the law." 9. In Article 12, paragraph 2 shall be amended and shall read as follows: " (2) If the authorities vested with civil status attributions find that some data from the contents of a civil status certificate do not correspond to those in the act on which it was issued, the certificate shall be retained and the service referred to local community public record of persons or, as the case may be, the civil status officer of the town hall of the competent administrative-territorial unit, in order to cancel and issue a new certificate. " 10. In Article 16, the introductory part shall be amended and shall read as follows: "" Art. 16. -The civil status may be proved by any means of evidence before the court, in the case provided for in art. 10, as well as in front of the local community public services of record of persons or civil status officer of the town hall of the competent administrative-territorial unit, when the civil status documents are requested, in the following situations: '. 11. In Article 17, paragraph 1 shall be amended and shall read as follows: "" Art. 17. -(1) The preparation of the act of birth is made at the local community public service of record of persons or, as the case may be, of the civil status officer of the town hall of the administrative-territorial unit in whose radius the event occurred, on the basis of the verbal declaration of the persons referred to in 19 19, of the identity document of the mother and of the declarant, of the medical certificate of birth and, as the case may be, of the marriage certificate of the parents. " 12. In Article 18, paragraph 3 shall be amended and shall read as follows: " (3) If the parents do not have a common household name or there is inconsistency between the last name of the child in the medical certificate of birth and the verbal declaration of the declarant, the preparation of the birth act is based on the declaration written and signed by both parents, showing the last name and surname of the child. In case of misunderstanding between the parents, the mayor of the administrative-territorial unit at the place of birth registration will decide. " 13. Article 19 is amended and shall read as follows: "" Art. 19. -They have an obligation to make the declaration of birth either of their parents, and if, for various reasons, they cannot do so, the obligation of declaration lies with the doctor, the persons who were present at birth, to the designated personnel in the health facility in which he held the birth or any person who became aware of the birth of the child. " 14. In Article 20, paragraph 2 shall be amended and shall read as follows: " (2) If the birth occurred abroad and the preparation of the act was not made at the diplomatic mission or at the consular office of Romania or at the local authority abroad, the preparation of the birth act is done in the country, at local community public service of record of persons or, as the case may be, of the civil status officer of the town hall of the administrative-territorial unit on whose radius the parents ' home is located, after the Ministry of Administration and Interior check, through the Ministry of Foreign Affairs, if the birth has not been registered abroad. " 15. In Article 21, paragraph 2 shall be amended and shall read as follows: " (2) The action is introduced at the court in whose territorial area the person concerned is domiciled or where the child protection institution is based. In order to settle, the court asks the local public service of record of persons in whose administrative-territorial area the person concerned is domiciled or the establishment of the institution of protection checks for the establishment identity, as well as the opinion of the coroner on the age and sex of the person whose birth act is required to be drawn up. The trial is done with the participation of the prosecutor. " 16. Article 24 is amended and shall read as follows: "" Art. 24. -In the cases provided in art. 22 and 23, if the surname and surname of the child are not known, they shall be established, by provision, by the mayor of the administrative-territorial unit where the birth is registered. " 17. Article 26 is amended and shall read as follows: "" Art. 26. -(1) In the case of adoption, a new act of birth will be drawn up by the local community public service of record of persons or, as the case may be, the civil status officer of the town hall of the administrative-territorial unit within whose radius they are located the home of the adopter or the seat of the institution of protection in the care of which the adoption is (2) If the adopters are foreign citizens or Romanian citizens residing or residing abroad, the new birth act will be drawn up by the local community public service of record of persons or, as the case may be, by the civil status within the city hall of the administrative-territorial unit within which the domicile of the one adopted or the seat of the protection institution is located, in the case of the children in (3) In the new act of birth, the heading "Place of birth" shall be completed with the name of the administrative-territorial unit where the local community public service of record of persons or, as the case may be, the town hall where the act is drawn up. " 18. Article 27 is amended and shall read as follows: "" Art. 27. --(1) The marriage shall be concluded by the civil status officer, at the headquarters of the local community public service of record of persons or, as the case may be, of the city hall in whose area the territorial competence has its domicile or residence one of the future husbands. (2) Marriage may be concluded outside the headquarters of the local community public service of record of persons or, as the case may be, of the competent city hall, with the approval of the mayor, if for thorough reasons one of the spouses is unable to presence. " 19. Article 28 is amended and shall read as follows: "" Art. 28. -(1) The marriage declaration is made personally by the future spouses, in writing, at the local community public service of record of persons or, as the case may be, at the competent city hall where the marriage is to end. (2) The civil status officer who receives the marriage declaration requests the future spouses to present the identity documents, birth certificates, medical certificates on the state of their health, as well as: a) the approval of the president of the county council or the general mayor of Bucharest, as the case may be, for the conclusion of the marriage, in case of impediments resulting from natural kinship or adoption, under the conditions provided by law; b) the medical opinion, proof of the consent of the parents or, as the case may be, of the guardian and authorization of the general direction of social assistance and child protection for the conclusion of the marriage, in case of impediments resulting from the conditions of age, in compliance with the provisions of the (3) With the documents provided in par. (2), the future spouses shall, on a compulsory basis, make a declaration on their own responsibility that they do not know any reason of a legal nature to prevent the marriage. (4) If one of the future spouses is not in the administrative-territorial unit where the marriage is to end, he may make the marriage declaration to the local community public service of record of persons or, as the case may be, to the town hall the administrative-territorial unit where it is temporarily located, which transmits it within 48 hours to the local community public service of record of persons or, as the case may be, to the town hall where the marriage is to end. " 20. In Article 29, paragraph 2 shall be amended and shall read as follows: " (2) The mayor of the municipality, of the sector of Bucharest, of the city or of the commune where the marriage is to end may approve, for thorough reasons, the conclusion of the marriage before the end of the term provided in par. ((1). Marriage can also be officiated after the expiry of the term provided in par. (1), only with the approval of the mayor, but without exceeding the term of validity of medical certificates on health status. " 21. In Article 33, two new paragraphs are inserted, paragraphs 2 and 3, with the following contents: "" (2) The citizens of the states with whom Romania has concluded treaties/agreements/agreements of legal assistance in civil or family matters, as well as the citizens of states that do not have an accredited diplomatic mission in Romania the substantive conditions required by their national law for the conclusion of the marriage, with supporting documents issued by the competent authorities of the State of nationality. (3) The documents provided in par. ((1) and (2) must be accompanied by notary statements of the future spouses showing that they meet the necessary conditions for the conclusion of marriage in Romania. " 22. Article 34 is amended and shall read as follows: "" Art. 34. -(1) The preparation of the death act is done at the local community public service of record of persons or, as the case may be, the civil status officer of the town hall of the administrative-territorial unit in whose radius the death occurred, based on the medical certificate of death and the verbal declaration made by the members of the family of the deceased or, in the absence thereof, of one of the following persons: a) the doctor or other framework in the health unit where the death occurred; b) any person with knowledge of the death. (2) The declarant shall submit the medical certificate of death, the document with which the proof of identity is made and, as the case may be, the military record of the deceased. " 23. Article 38 is amended and shall read as follows: "" Art. 38. -(1) The document with which proof is made of the identity and military record of the deceased person shall be retained by the civil status officer and shall be submitted, as the case may be, to the Community public service of record of persons to whom the unit is aronded administrative-territorial within the radius of which the deceased person had the last domicile or military command, until the 5th of the month following the month in which the act was registered. (2) In cases where the declarant cannot present the documents provided in par. ((1), states in writing the reason for their non-presentation and the civil status data of the deceased. The declaration shall be submitted to the authorities provided ((1). ' 24. In Article 39, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 39. -(1) The preparation of the death act on a found corpse is made at the local community public service of record of persons or, as the case may be, the civil status officer of the town hall of the administrative-territorial unit in whose radius it was Found. .......................................................................... ((3) The data on the identity of the corpse, subsequently established by the police, shall be entered by reference on the respective act. and, as the case may be, military command. " 25. In Article 40, paragraph 2 shall be amended and shall read as follows: " (2) The interment or cremation of a Romanian citizen whose death occurred and registered abroad is based on the certificate issued by the local community public service of record of persons or the civil status officer of the the city hall of the administrative-territorial unit in whose radius the burial or cremation is to be made. The certificate shall be drawn up on the basis of the death certificate issued by the foreign authorities, as well as its legalized translation. When the death of the Romanian citizen was registered with the diplomatic mission of Romania, the certificate shall be drawn up on the basis of the death certificate issued by the diplomatic mission or by the career consular office. " 26. In Article 40, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The certificate provided in par. ((1) and (2) shall be issued in a single copy. If the declarant of death no longer holds the certificate of interment or cremation, at his request, the authorities provided in par. ((1) and (2) shall release a duplicate. " 27. In Article 43, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 43. -(1) The heads of diplomatic missions and career consular offices of Romania conclude marriages between Romanian citizens or if one of the future spouses is a Romanian citizen, if it is in accordance with the legislation of the country in which they are accredited and if at least one of the future spouses, a Romanian citizen, has his domicile or residence in the consular constituency of the diplomatic mission or consular office. .......................................................................... (3) The civil status acts of Romanian citizens, drawn up by the foreign authorities, have proof power in the country only if they are registered or transcribed in the Romanian civil status registers. The transcript of certificates and civil status extracts shall be carried out with the approval of the mayor of the administrative-territorial unit at the applicant's place of residence, with the prior opinion of the county public community service of record of person. The Romanian citizen is obliged, within 6 months after returning to the country or from the reception abroad of the certificate or civil status extract, to ask for the transcription of these acts to the local community public service of record of persons or at the town hall of the administrative-territorial unit in whose radius they reside. " 28. In Article 43, after paragraph (3 ^ 1), a new paragraph (3 ^ 2) is inserted, with the following contents: "" (3 ^ 2) The transcription of certificates and civil status extracts on Romanian citizens who have never been domiciled in Romania is done with the approval of the mayor of sector 1 of Bucharest and with the prior opinion of the General Directorate of the People's Records of the Municipality of Bucharest. " 29. In Article 43, paragraph 4 shall be amended and shall read as follows: " (4) Romanian citizens whose civil status documents were registered in localities that belonged to Romania, and are currently found on the territory of other states can request the preparation of civil status documents at the local community public service the records of persons or the town hall of the administrative-territorial unit in whose radius they have their domicile, based on the extract from the civil status act found in the preservation of the National Archives, with the application of the provisions of art. 11 11 para. ((3). The transcript of these extracts in the civil status registers is made with the approval of the mayor of the administrative-territorial unit at the applicant's place of residence and with the prior opinion of the county public community service of record the person or, as the case may be, of the General Directorate of Records of Persons of Bucharest Municipality. " 30. After Article 43, a new article is inserted, Article 43 ^ 1, with the following contents: "" Art. 43 43 ^ 1. -(1) The national register of persons is updated by computer means with data contained in the certificates or extracts of civil status issued to Romanian citizens by foreign authorities that have been registered/transcribed in the Romanian civil status registers, as follows: a) in the case of administrative-territorial units where local community public services of record of persons operate, the mayor has the local community public service of record of persons updating the local component of the Register national record of persons; b) in the case of administrative-territorial units where local community public services of record of persons do not operate, the mayor or person delegated by him to perform the duties of civil status officer updates the Register national record of persons; c) The Local Community Public Service of Records of Persons of Sector 1 of the Municipality of Bucharest updates, by computer means, the National Register of Persons with the data contained in the civil status documents issued Romanian citizens by foreign authorities, registered under the conditions provided in art. 42 42 para. (2) in the Romanian civil status registers from the diplomatic missions or career consular offices of Romania. (2) Until the insurance infrastructure necessary to meet the obligation provided in par. ((1) lit. b), the mayor who approved the transcript or the person delegated by him to perform the duties of civil status officer shall transmit extracts for official use from the certificates or extracts of civil status transcribed to the Community public service the local administrative-territorial unit within which the holder of the transcribed act is domiciled, in order to update the local component of the National Register of Persons. ((3) As the necessary IT infrastructure is provided, the local community public records services shall carry out the updating activities directly in the National Register of Persons. " 31. After Article 44, two new articles are inserted, Articles 44 ^ 1 and 44 ^ 2, with the following contents: "" Art. 44 44 ^ 1. -The changes in the civil status of Romanian citizens abroad are registered by the civil status officer by mention on the civil status documents, with the approval of the National Inspectorate for the Records of Persons. Article 44 ^ 2. -As provided for the necessary IT infrastructure, communications on civil status acts, as well as those relating to the registration of claims in civil status documents, shall also be carried out in a computer system. " 32. In Article 54, paragraph 1 shall be amended and shall read as follows: "" Art. 54. -(1) The request for reconstitution or subsequent preparation of a civil status act, accompanied by the supporting documents, shall be submitted to the local community public service of record of persons or to the civil status officer of the City Hall the competent administrative-territorial unit shall draw up the act. In the situations provided in art. 52 lit. b), the application shall be submitted to the local community public service of record of persons or to the civil status officer of the town hall of the administrative-territorial unit on whose radius the person's domicile is located. The application shall be settled within 30 days, with the prior opinion of the county public community service of record of the person, by disposition of the mayor, which shall be communicated to the applicant within 10 days of the issuance. " 33. Article 57 (4) shall be repealed. 34. In Article 57 ^ 1, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 57 57 ^ 1. -(1) The rectification of the civil status documents and of the entries on their margins shall be made pursuant to the provision of the mayor of the administrative-territorial unit who has in keeping the civil status act, ex officio or at the request of the person interested, with the prior opinion of the county public community service of record of the person. (2) The application for rectification of the civil status documents and of the entries registered on them, accompanied by the supporting documents, shall be submitted to the local community public service of record of persons or to the town hall of the administrative-territorial unit that has in keeping the act of civil status or, as the case may be, the local community public service of record of persons or the city hall at the place of residence. The application shall be settled within 30 days by issuing the provision referred to in par. ((1), which shall be communicated to the applicant within 10 days of the date of issue. " 35. In Article 57 ^ 1, paragraph 4 shall be repealed. 36. In Article 60, paragraph 2 shall read as follows: " (2) The first copy of the civil status registers shall be kept at the local community public service of record of persons or at the town hall of the administrative-territorial unit where it was drawn up, and the second copy shall be submitted to the county council or the General Council of the Municipality of Bucharest, as the case may be, within 30 days from the date when all the tabs in the register have been completed. " 37. Article 61 is amended and shall read as follows: "" Art. 61. -The local community public service of record of persons or the town hall of the administrative-territorial unit that has in keeping registers of civil status is obliged to ensure their preservation and security, in compliance with the legislation archival in force and internal rules of records and storage of archives. " 38. Article 62, point d) of paragraph 1 shall be amended and shall read as follows: " d) the non-communication to the local community public services of record of persons or, as the case may be, to the competent municipalities, by the civil status officer, of the mentions, of the children on the decisions to admit the name change, the non-registration mentions on civil status documents or non-transmission of the second copy of civil status registers to the county council or to the General Council of the Municipality of Bucharest, as the case may be, within 30 days from the date when all the tabs have completed; '. 39. Article 63 is amended and shall read as follows: "" Art. 63. -The finding of contraventions and the application of sanctions shall be made by mayors, persons empowered by the president of the county council, respectively of the general mayor of Bucharest, as well as by persons empowered within the framework of Community public services for the record of persons and police officers designated. " 40. Article 68 is amended and shall read as follows: "" Art. 68. -(1) At the written request of the National Inspectorate for the Records of Persons, Community public services of record of persons, courts, prosecutor's offices or police, extracts for official use may be submitted, accompanied by copies of the documents that were based on the preparation of civil status documents, and for thorough reasons, at the request of the local community public service of record of persons, of civil status offices within the mayoralties of the units administrative-territorial where the local community public service of record does not work persons, units in the public order and safety system of the Ministry of Administration and Interior, institutions responsible for social assistance and protection of the rights of the child, as well as of public notaries, shall be issued free of charge extracts for official use from the civil status documents in their own archive. (2) Provisions of para. (1) shall also apply to requests addressed to the county departments and the city of Bucharest of the National Archives, for the acts in their preservation, in compliance with the provisions of art. 11 11 para. ((3). ' 41. Article 69 is amended and shall read as follows: "" Art. 69. -The communication of the data registered in the civil status documents can be made, in duly justified cases, at the request of the public authorities, other than those with legal powers in the matter, with the approval of the mayor of the administrative-territorial has in store the act. " 42. In Article 71, paragraph 1 shall be amended and shall read as follows: "" Art. 71. -(1) Local community public services of record of persons and civil status officers of the mayoralties draw up statistical ballots of birth, marriage and death, and judgments, statistical ballots of divorce. " 43. Article 72 is amended and shall read as follows: "" Art. 72. -(1) The Ministry of Administration and Interior directs and controls, under the law, the activity of local community public services of record of persons, in the field of civil status. (2) The presidents of the county councils and the general mayor of Bucharest, through the county community public services of record of persons, respectively through the General Directorate of Records of Persons of Bucharest, organize the guidance and methodological control of the civil status activity carried out by the local community public services of record of persons within the county, respectively of the city of Bucharest and take measures on conservation and security civil status documents. " 44. In Article 74, a new paragraph (2) is inserted, with the following contents: " (2) The county community public services of record of persons, respectively the General Directorate of Records of Persons of the Municipality of Bucharest ensure the distribution, for a fee, to the local community public services of record of persons from the county, respectively of the city of Bucharest, of registers and certificates of civil status, of special inks and auxiliary forms. " + Article II Requests for transcription of certificates or civil status extracts registered abroad, submitted before the entry into force of this law, shall be resolved according to the regulations in force at the date of application. + Article III Ensuring the technical support necessary to update, by computer means, the National Register of Persons with the data contained in the certificates or extracts of civil status issued to Romanian citizens by foreign authorities who have Submitted/transcribed in the Romanian civil status registers shall be staggered, from the date of entry into force of this Law, as follows: a) at the level of local community public services of record of persons, within 2 years; b) at the level of the mayoralties in the administrative-territorial units in which the local community public services of record of persons do not operate, within 3 years. + Article IV Law no. 119/1996 on civil status documents, published in the Official Gazette of Romania, Part I, no. 282 of 11 November 1996, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. PRESIDENT CHAMBER OF DEPUTIES ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, June 2, 2009. No. 201. -----------