Category of documents necessary for the passaport issuing

The right of going abroad, of emigrating and of returning to Romania any time is guaranted for all the Romanian citizens fulfilling the conditions prescribed by Law no. 248/2005, law regarding the free circulation of Romanian citizens abroad, with the later modifications and additions. No Romanian authority can forbid the return of a Romanian citizen to Romania in any situation.

The travelling documents are the property of the Romanian state and they prove – for the Romanian and foreign authorities the identity, the citizenship, the qualities and the right of the entitled to travel abroad.

The types of travelling documents which make the Romanian citizen’s travel abroad possible according to the present legal conditions are detailed in the Law no. 248/2005, art. 6, par. (1) and its modifications and additions regarding the free travelling of Romanian citizens abroad. These documents are:

  1. diplomatic passport;
  2. duty passport;
  3. simple passport;
  4. simple temporary passport;
  5. travelling document.

On the basis of Law no. 248/2005, art. 20:

(1)The simple, the simple electronic and simple temporary passports are at the entitled, who is forbidden to give it to anyone except the competent authorities wanting to retain it or to the foreign diplomatic or consular authorities in order to get a visa.

(2) The simple, the simple electronic and simple temporary passports of minors having not completed 14 years must be held by the parents, by the legal representatives or – in case of travelling abroad – by the attendant, in the conditions of the present law.

(3) The simple, the simple electronic and simple temporary passports can be retained only by the police authorities, the judiciary, the diplomatic missions and the consular offices representing Romania abroad, by the public services which emit and keep the evidence of simple passports as well as by services for keeping the evidence of persons only in case of exercising specific attributions prescribed by law. In such cases the authority retaining the passport is obliged to emit a certificate proving that the passport has been retained and including the causes of such a procedure.

(4) The persons named in par. (1) and (2) are obliged to keep the passport in safe circumstances, without the risk of its being damaged or lost.

(5) In 5 days from the legal loss of the Romanian citizenship, the entitled of the simple, simple electronic or simple temporary passport is obliged to hand down his passport at any of the public services dealing with emission and evidence of simple passports in the country or at the residence of the General Service for Passports, while being abroad he is obliged to hand down his passport at the diplomatic missions and the consular offices representing Romania. As well, the parents or the minor’s legal representatives are obliged to hand down the passport at the above mentioned offices.

(6) The entitled persons of the simple, simple electronic or simple temporary passport, as well the persons mentioned in par. (2) are obliged  to hand down their simple, simple electronic or simple temporary passport at the request of the competent authorities mentioned in par. (3).

The validity of simple electronic passports is stated as it follows:

a)    3 years for persons who haven’t completed 6 years;

b)    5 years for persons who have completed 6tyears.

The validity of simple temporary passports is one year.

The validity of the passports ceases at the very moment when the competent authorities state the fact that they are deteriorated or damaged or in case of some erasure or modifications operated illegally.

The simple electronic and the simple temporary passport is emitted – at their request – for Romanian citizens fulfilling the conditions prescribed by the present law, if right to the free circulation abroad isn’t suspended.

The request for the simple and simple electronic passport can be laid down at the public service dealing with the emission and evidence of simple passports to which the citizen – thanks to his home or in certain cases to his residence – belongs. In foreign countries the request can be laid down at the diplomatic mission or the consular offices of Romania.

In cases in which the solicitant cannot go to the public service dealing with the emission and evidence of simple passports to which – thanks to his home or in certain cases to his residence – he belongs, the request can be laid down at the nearest service dealing with the emission and evidence of simple passports.

The request for the simple passport – in the case in which the solicitant is temporarily incapable of action – can be laid down in the name of the entitled by his legal representative or the Romanian medical authorities at the nearest public service dealing with the emission and evidence of simple passports.

The simple electronic and simple temporary passports will be received by the entitled or his legal representative after paying the equivalent and the consular taxes prescribed by the law.

If the entitled or his legal representative observes that the data are incompletely or incorrectly written in the passport, he has to direct the authorities’ attention to the mistakes. The authorities are obliged to emit a new document. In this case the new document will be emitted without paying the sums prescribed by the law.

According to the instructions of Law no. 248/2005, art. 17

The simple temporary passport is emitted for Romanian citizens who fulfill the conditions prescribed by the present law and if their right to the free circulation abroad is not suspended. The longest term of emission is 3 working days, in the following situations:

  1. for persons who do not have the time necessary for the emission of a simple electronic passport;
  2. when the entitled gives a written declaration considering his future travelling in states being at war or at diplomatic conflict and when his simple or simple electronic passport emitting state and the state where he intends to go are at conflict;
  3. when the simple or simple electronic passport of the entitled contains valid visa, but because of the few pages left for the stamps in his passport, his travel to another state or other states  is not possible;
  4. when the entitled has laid down his simple or simple electronic passport in order to get some vise but he has to travel urgently abroad;
  5. when the minor is to travel abroad for his studies, to participate at official competitions or to have a medical treatment in lack of which his life and health would be in danger, and there is no sufficient time to get the consent of the other parent prescribed by art. 17. In such situations the authorities emitting the simple temporary passport are obliged to inform the other parent immediately or as soon as possible;
  6. for Romanian citizens being in a foreign country, who do not possess any valid travelling documents and declare the necessity of continuing their journey abroad, or for those who want to regulate their staying on the territory of that state.

The situations mentioned in par. (1), l. e) must be certified with the documents emitted by the institution organizing the study activity or the competition, as well by the competent Romanian administrative authority or by documents emitted and confirmed by the Romanian medical authorities. This document must refer to the period and the state or states where the studies, the official competitions or the medical treatment will take place.

For the emission of the simple temporary passport a supplementary sum of 100 lei must be paid or a sum fixed by Law no. 198/2008 abroad regarding the taxes of the consular services at the diplomatic missions and consular offices of Romania functioning abroad.

According to the prescriptions of art. 17, par. (1) l. b) –d), Romanian citizens can posses only a simple or a simple electronic valid passport and they can posses – at the same time – a simple temporary passport too.

Romanian citizens who – at the same time – posses a valid simple temporary passport and a valid simple or a valid simple electronic passport, are obliged to hand down their simple temporary passport at the competent authorities within 15 days from the ceasing of the situation specified in art. 17. par. (1) l. b) -d) or at the emission of a simple electronic passport.

Term of emission of passports

The requests are solved by the competent authorities in terms from the laying down of the requests, terms which cannot be passed:

  1. 3 working days in case of simple temporary passports; depending on the volume of work the term can be reduced to 2 hours from the filing of the request;
  2. 30 working days in case of requests for the emission of simple electronic passports filed in the country; according to the internal dispositions the term of solution is 14 calendar days;
  3. 90 working days in case of requests for the emission of simple and simple electronic passports filed abroad.

 

Necessary documents for:

  1. Emission of a simple electronic passport
  2. Emission of a simple electronic passport for minors not having completed 14 years
  3. Emission of a simple electronic passport for minors between 14 and 18
  4. Emission of a simple temporary passport
  5. Emission of a simple temporary passport for minors not having completed 14 years
  6. Emission of a simple temporary passport for minors between 14 and 18
  7. The loss, stealing or damage of passport
  8. Settling abroad
  9. Certificates/documents for the embassies or consulates

 

Necessary documents for

1. Emission of a simple electronic passport

            ▪ Identity card, temporary identity card or other valid identity document, the original. The birth certificate, the original must be annexed to the temporary identity card;

            ▪ invoice proving the payment of taxes and fees for the emission of the passport (the original invoices)

                        ▪ 32 lei paid at the Treasury or the CEC;

                        ▪ 244 lei paid at the CEC;

            ▪ the former passport.

Note:

            ▪The documents will be laid down personally by the solicitant;

            ▪ The request is emitted automatically at the presentation of the documents;

            ▪ When presenting the documents, the finger-prints of the entitled are taken and his photo too (excepting the situation when the taking of finger-prints is  physically impossible);

            ▪ the term of solution of the request cannot pass 30 working days; according to the internal dispositions the term of solution is 14 calendar days;

▪ the term of validity of the simple electronic passport is 5 years;

▪ according to the Governmental Ordinance no. 94/2006, art. 14, par. (1) approving the Methodological Norms of applying Law no. 248/2005 regarding

  the free travel of Romanian citizens abroad, modified by the Governmental Ordinance no. 219/2011, one can get his passport at any of the public services

  dealing with the emission and evidence of simple passports or at the diplomatic missions or consular offices representing Romania abroad and not only at the  service where the request was laid down. In order to take advantage of this opportunity, the solicitants has to mention – at the moment of presenting his  request – the public service dealing with the emission and evidence of the simple passports or the diplomatic mission or consular office where he intends  to get his passport. He can present his request concerning the place of getting his passport in written too, but only until the approval of his passport request.

2. Emission of a simple electronic passport for minors not having completed 14 years

(1) The request for a simple electronic passport for minors not having completed 14 years can be formulated by:

            a. both parents;

            b. the parent authorized by the other parent by a special authority or who has the written approval of the other parent;

            c. the parent whom the minor was entrusted by a definite and irrevocable legal decision;                    

            d. the parent entrusted by a definite and irrevocable legal decision, which replaces the approval of the other parent;

            e. one of the parents, even if the approval of the other parent is missing, only in situations detailed in Law no. 248/2005, art. 17, par. (1), l. e);

            f.  the surviving parent;

            g. the minor’s legal representative;

            h. the person authorized by a special authority according to l. a), c), d), f) and g).

(2) The request formulated by the persons named in par. (1) will be presented together with the following documents:

            ▪ the minor’s birth certificate, the original;

            ▪ the valid identity documents of the parents or of one of them, of the legal representative or of the authorized person, the original;

            ▪ the definite and irrevocable judicial decision concerning the entrusting the minor to the named person, the original, only in case of requests formulated by persons enlisted in par. (1), l. c) or g) or in case of requests formulated by authorized persons according to par. (1) l. h);

▪ the definite and irrevocable judicial decision, which replaces the approval of the other parent, the original, only for the requests formulated by the person named  in  par. (1), l. d) or formulated by the person authorized by this person according to the par. (1), l. h);

▪ the document naming the legal representative only for the requests formulated by the legal representative in case of minors who at the datum of their place in charge of a guardian are not under their parents’ patronage;

▪ documents emitted by the institution organizing the study activity or the competition, as well by the competent Romanian administrative authority or by

  documents emitted and confirmed by the Romanian medical authorities. This document must refer to the period and the state or states where the studies, the  official competitions or the medical treatment will take place. This document is needed only when the requests are formulated by the person named in par. (1) l. e) or by the person authorized by him according to par. (1), l h);

▪ the original death certificate of the parent in case when the request is formulated by the surviving parent according to par. (1) l f) or by the authorized person according to par. (1) l h);

            ▪ the original special authority or declaration regarding the other parent’s approval for the requests formulated by the parent named in par. (1) l b);

            ▪ the original special authority for the requests formulated by the authorized person according to par. (1) l h);

            ▪ invoice proving the payment of taxes and fees for the emission of the passport (the original invoices)

            ▪ 32 lei paid at the Treasury or the CEC;

            ▪ 244 lei paid at the CEC;

            ▪ the former passport.

(3) The request for a simple electronic passport for minors not having completed 14 years can be formulated by the persons enlisted in par. (1), at the handing down of the request the presence of the minor is obligatory. Together with the request from time to time the documents enlisted in par. (2) l a)-j) must be presented.

Note:

            ▪ at the handing down of the request the presence of the minor is obligatory;

            ▪ the documents will be handed down by the parents/parent/legal representative/authorized person;

            ▪ the request is emitted automatically at the presentation of the documents;

            ▪ when presenting the documents, the finger-prints of the entitled are taken and his photo too (excepting the minors under 6 years);

             ▪ the term of solution of the request cannot pass 30 working days; according to the internal dispositions the term of solution is 14 calendar days;

            ▪ the term of validity of the simple electronic passport for minors of this category  is:

                        - 3 year for minors who haven’t completed 6 years;

                        - 5 years for minors who have completed 6 years;

            ▪ according to the Governmental Ordinance no. 94/2006, art. 14, par. (1)  approving the Methodological Norms of applying Law no. 248/2005 regarding the free travel of Romanian citizens abroad, modified by the Governmental Ordinance no. 219/2011, one can get his passport at any of the public services dealing with the emission and evidence of simple passports or at the diplomatic missions or consular offices representing Romania abroad and not only at the service where the request was laid down. In order to take advantage of this opportunity, the solicitants has to mention – at the moment of presenting his request – the public service dealing with the emission and evidence of the simple passports or the diplomatic mission or consular office where he intends to get his passport. He can present his request concerning the place of getting his passport in written too, but only until the approval of his passport request.

3. Emission of a simple electronic passport for minors between 14 and 18

(1) The requests for the emission of a simple electronic passport for minors who have completed 14 years will be formulated by the entitled only with the approval of:

a. both parents;

b. the parent whom the minor was entrusted by a definite and irrevocable legal decision;

c. the parent entrusted by a definite and irrevocable legal decision, which  

    replaces the approval of the other parent;

d. one of the parents, even if the approval of the other parent is missing, only in  

    situations detailed in Law no. 248/2005, art. 17, par. (1), l. e);

e. the surviving parent;

f. the minor’s legal representative;

(2) The requests for the emission of a simple electronic passport can be formulated by the legally married minors, without needing the parents’ or the legal representative’s approval.

(3) The requests formulated by the persons enlisted in par. (1) or (2) will be handed down together with the following documents:

            ▪ The minor’s valid identity card or from time to time his temporary valid identity card, the original. Both the temporary identity card and the identity card must have the form and content according to the Governmental Ordinance no. 839/2006. regarding the form and content of the identity card, of the residence certificate and of the inhabitants’ register, with the later modifications. The original birth certificate must be annexed;

▪ declaration, juridical order or register as it follows:

      - the original declaration regarding the approval of both parents referring to the emission of the passport for the minor

     or

      - the original declaration regarding the approval of the parent or the legal representative referring to the emission of the passport for the minor.

     The legal representative must present the original definite and irrevocable decision of the court and the original decision of the instance;

     or

  1. the original declaration regarding the approval of one parent referring to the emission of the passport for the minor, even if the other parent’s approval is missing. This declaration must be followed by the documents emitted by the institution organizing the study activity or the competition, as well by the documents emitted or confirmed by competent Romanian administrative authority or by documents emitted and confirmed by the Romanian medical authorities. These documents must refer to the period and the state or states where the studies, the official competitions or the medical treatment will take place;

                 or

      2. the original declaration regarding the approval of the surviving parent referring to the emission of the passport for the minor, followed by the 

     original and the photocopy of the death certificate of the other parent;

     or

       3.  the original declaration regarding the approval of one parent referring to the emission of the passport for the minor as well as the original  and

     the photocopy of the definite and irrevocable judicial decision by which the instance replaces the other parent’s approval;

                 or

       4.the original and the photocopy of the marriage certificate of the minor, proving his legal marriage.

                    ▪ invoice proving the payment of taxes and fees for the emission of the passport completed in the minor’s name (the original invoices)

                    ▪ 32 lei paid at the Treasury or the CEC;

                    ▪ 244 lei paid at the CEC;

                    ▪ the former passport if it exists.

The declarations, the special authorization and the registers of foreigners and of citizens of the states belonging to the European Union and the European Economical Area emitted by the foreign authorities, must suit the following conditions:

  1. Romania accepts the documents emitted by the authorities of states which are members of the Convention. The Convention - regarding the super legalization of official foreign documents - was adopted in Hague, on 5th October 1961., Romania has joined it on the basis of Governmental Ordinance no. 66/1999. This joining was approved by Law no. 52/2000 with the later modifications;
  2. The documents emitted by the authorities of states with which Romania has signed conventions of juridical assistance are excused from super legalization or from any other formality according to the details compiled in the respective conventions;
  3. The documents which do not fulfill the conditions detailed in l a) and b), will be super legalized according to Law no. 105/1992, art. 162 regarding the regulation of the international private legal relations.

The declarations regarding the parents’ approval and the documents emitted by the foreign institutions offering the study possibility or by those organizing the competitions, as well as the documents concerning the medical treatment must be followed by their authorized translation.

Note:

            ▪ at the handing down of the request the presence of the minor is obligatory;

            ▪ the request is emitted automatically at the presentation of the documents;

▪ When presenting the documents, the finger-prints of the entitled are taken and his photo too (excepting the cases when the taking of finger-prints is physically impossible);

            ▪ the term of solution of the request cannot pass 30 working days; according to the internal dispositions the term of solution is 14 calendar days;

▪ the term of validity of the simple electronic passport is 5 years:

▪ according to the Governmental Ordinance no. 94/2006, art. 14, par. (1)  approving the Methodological Norms of applying Law no. 248/2005 regarding

  the free travel of Romanian citizens abroad, modified by the Governmental Ordinance no. 219/2011, one can get his passport at any of the public services

  dealing with the emission and evidence of simple passports or at the diplomatic missions or consular offices representing Romania abroad and not only at the  service where the request was laid down. In order to take advantage of this opportunity, the solicitants has to mention – at the moment of presenting his request – the public service dealing with the emission and evidence of the simple passports or the diplomatic mission or consular office where he intends  to get his passport. He can present his request concerning the place of getting his passport in written too, but only until the approval of his passport request.

4. Emission of a simple temporary passport for adults

▪ Identity card, temporary identity card or other valid identity document, the original. The original birth certificate must be annexed to the temporary  

  identity card;

            ▪ invoice proving the payment of taxes and fees for the emission of the passport (the original invoices)

                        ▪ 32 lei paid at the Treasury or the CEC;

                        ▪ 84 lei paid at the CEC;

                        ▪ 100 lei (supplementary fee) at the CEC;

                        ▪ the former passport if it exists.

Note:

            ▪ The documents will be laid down personally by the solicitant;

            ▪ The request is emitted automatically at the presentation of the documents;

            ▪ the term of solution of the request cannot pass 3 working days; according to the internal dispositions the term of solution is 2 hours from the handing down of the request;

            ▪ the term of validity of the simple electronic passport is 12 months.

5. Emission of a simple temporary passport for minors not having completed 14 years

(1) The requests for the emission of a simple temporary passport for minors who haven’t completed 14 years will be formulated by:

a. both parents;

b. the parent who owns the other parent’s special authority or who has the written approval of the other parent;

c. the parent entrusted with the care of the minor by a definite and irrevocable legal decision;

  1. d. the parent entrusted by a definite and irrevocable legal decision, which replaces the approval of the other parent;
  1. e. one of the parents, even if the approval of the other parent is missing, only in situations detailed in Law no. 248/2005, art. 17, par. (1), l. e);

f. the surviving parent;

g. the minor’s legal representative;

h. the person authorized by a special authority according to l a), c), d), f) and g).

(2) The following documents will be annexed to the requests formulated by the persons named in par. (1):

            ▪ the original of the minor’s birth certificate;

            ▪ the valid identity document(s) of the parents or of one of the parents, of the legal representative or from time to time of the authorized person, the original;

▪ the definite and irrevocable judicial decision concerning the entrusting of the minor, the original, only in case of requests formulated by persons enlisted in

  par. (1), l. c) or g) or in case of requests formulated by authorized persons according to par. (1) l. h);

▪ the definite and irrevocable judicial decision, which replaces the approval of the other parent, the original, only for the requests formulated by the person named in  par. (1), l. d) or formulated by the person authorized by this person according to the par. (1), l. h);

▪ the document naming the legal representative only for the requests formulated by the legal representative in case of minors who at the datum of their place in charge of a guardian are not under their parents’ patronage;

▪ documents emitted by the institution organizing the study activity or the competition, as well documents emitted or signed by the competent Romanian

  administrative authority or from time to time documents emitted and confirmed  by the Romanian medical authorities. This document must refer to the period and the state or states where the studies, the official competitions or the medical treatment will take place. This document is needed only when the requests are formulated by the person named in par. (1) l. e) or by the person authorized by him according to par. (1), l h), the original;

▪ the original death certificate of the parent in case when the request is formulated by the surviving parent according to par. (1) l f) or by the authorized person according to par. (1) l h);

 ▪ the original special authority or declaration regarding the other parent’s approval for the requests formulated by the parent named in par. (1) l b);

▪ the original special authority for the requests formulated by the authorized person according to par. (1) l h);

▪ invoice proving the payment of taxes and fees for the emission of the passport (the original invoices):

                        ▪ 32 lei paid at the Treasury or the CEC;

                        ▪ 84 lei paid at the CEC

                        ▪ 100 lei (supplementary fee) at the CEC;

                        ▪ the former passport.

Note:

            ▪ The documents will be laid down by the parents/parent/legal representative/authorized person;

            ▪ The request is emitted automatically at the presentation of the documents;

            ▪ the term of solution of the request cannot pass 3 working days; according to the internal dispositions the term of solution is 2 hours from the handing down of the request;

▪ if the minor is not present at the handing down the request, the parents/parent/legal representative/authorized person will annex two colored photos of 3,5 x 4,5 cm, which will be confirmed by them as representing the minor;

▪ the term of validity of the simple temporary passport is 12 months.

6. Emission of a simple temporary passport for minors between 14 and 18

(1) The requests regarding the emission of a simple temporary passport for minors between 14 and 18 will be formulated by the minors only with the approval of:

            a. both parents;

            b. parent entrusted with the minor’s care by the definite and irrevocable judicial decision;

            c. parent possessing the definite and irrevocable judicial decision, which replaces the approval of the other parent, the original,

            d. a parent, even if the other parent’s approval is missing, only in situations detailed in art. 17, par. (1) l. e) of the law;

            e. the surviving parent;

            f. the minor’s legal representative.

(2) The requests for the emission of a simple temporary passport can be formulated by the legally married minors, without needing the parents’ or the legal representative’s approval.

(3) The following documents will be annexed to the requests formulated by the persons named in par. (1) or (2):

            ▪ The minor’s valid identity card or from time to time his temporary valid identity card, the original. Both the temporary identity card and the identity card must have the form and content according to the Governmental Ordinance no. 839/2006. regarding the form and content of the identity card, of the residence certificate and of the inhabitants’ register, with the later modifications. The original birth certificate must be annexed;

▪ declaration, juridical order or register as it follows:

  1. a. the original declaration regarding the approval of both parents referring to the emission of the passport for the minor;

    or

           b. the original declaration regarding the approval of the parent or the legal representative referring to the emission of the passport for the minor.

    The legal representative must present the original definite and irrevocable decision of the court and the original decision of the instance;

    or

           c. the original declaration regarding the approval of one parent referring the emission of the passport for the minor, even if the other parent’s  approval is missing. This declaration must be followed by the documents emitted by the institution organizing the study activity or the  competition, as well as by the documents emitted or confirmed bycompetent Romanian administrative authority or by documents emitted and confirmed by the Romanian medical authorities. These documents must refer to the period and the state or states where the studies, the official competitions or the medical treatment will take place;

                or

           d. the original declaration regarding the approval of the surviving parent referring to the emission of the passport for the minor, followed by the 

    original and the photocopy of the death certificate of the other parent;

    or

           e. the original declaration regarding the approval of one parent referring the emission of the passport for the minor as well as the original  and the photocopy of the definite and irrevocable judicial decision by which the instance replaces the other parent’s approval;

                or

           f.  the original and the photocopy of the marriage certificate of the minor, proving his legal marriage.

▪ invoice proving the payment of taxes and fees for the emission of the passport completed in the minor’s name (the original invoices):

                        ▪ 32 lei paid at the Treasury or the CEC;

                        ▪ 84 lei paid at the CEC;

                        100 lei (supplementary fee) paid at the CEC;

                         ▪ the former passport if it exists.

The declarations, the special authorization and the registers of foreigners and of citizens of the states belonging to the European Union and the European Economical Area emitted by the foreign authorities, must suit the following conditions:

  1. Romania accepts the documents emitted by the authorities of states which are members of the Convention. The Convention - regarding the super legalization of official foreign documents - was adopted in Hague, on 5th October 1961,Romania has joined it on the basis of Governmental Ordinance no. 66/1999.

     This joining was approved by Law no. 52/2000 with the later modifications;

  1. The documents emitted by the authorities of states with which Romania has signed conventions of juridical assistance are excused from super legalization or from any other formality according to the details compiled in the respective conventions;
  1. The documents which do not fulfill the conditions detailed in l a) and b), will be super legalized according to Law no. 105/1992, art, 162 regarding the  regulation of the international private legal relations.

The declarations regarding the parents’ approval and the documents emitted by the foreign institutions offering the study possibility or by those organizing the competitions, as well as the documents concerning the medical treatment must be followed by their authorized translation.

Note:

            ▪ the documents will be handed down personally by the minor;

            ▪ the request is emitted automatically at the presentation of the documents;

            ▪ the term of solution of the request cannot pass 3 working days; according to  the internal dispositions the term of solution is 2 hours from the presenting the request;

▪ the term of validity of the simple electronic passport is 12 months

7. The loss, stealing or damage of passport

The loss of the traveling documents will be declared by the entitled or from time to time by his parents, legal representatives or from time to time by his attendant if the minor is in legal conditions abroad with other persons, within 48 hours from the stating of the loss, at the nearest police office or any other public service dealing with the emission and evidence of simple passports or at the General Directorate of Police, while being abroad at the diplomatic mission or the consular offices of Romania. The damage of the traveling documents will be declared by the entitled or from time to time by his parents, legal representatives at the competent authorities on the occasion of requiring the emission of a new passport.

The stealing of the traveling documents will be declared by the entitled or from time to time by his parents, legal representatives or from time to time by his attendant if the minor is in legal conditions abroad with other persons, immediately at the nearest police office in the country, from time to time on the territory of the state where the stealing has happened, asking the emission of a certificate proving the declaration of the event.

The Romanian authorities informed about the loss or stealing of the traveling document are obliged to emit - for the entitled or for his parents, his legal representatives or from time to time for the minor’s attendant if the minor is in legal conditions abroad with other persons – a certificate proving the declaration of the event. The competent authorities can emit – at request – new traveling documents instead of the lost or stolen ones which were not replaced only if the event was declared by the entitled in the conditions detailed by the law.

In case of finding the traveling document, which was declared lost or stolen, the entitled of the legally emitted document mustn’t use it any more, but he has to leave it immediately at the emitting authority or from time to time at the institution to which it belongs.

The document declared lost or stolen, found by the entitled, by his parents, by his legal representative or by the minor’s attendant if he is in legal conditions abroad with other persons, can be used – after declaring the event, but before the emission of a new document according to the present law – only after informing the emitting authority about the discovery of the document.

The entitled of the simple, simple electronic or simple temporary passport, from time to time his parents, legal representatives or the minor’s attendant if he is in legal conditions abroad with other persons, are obliged not to use the traveling document, if any modifications in the data of identity or major changes in the physiognomy of the entitled intervened.

8. Settling down abroad

The Romanian citizen who has settled down in a foreign country can present a request for the emission of a simple, simple electronic ot simple temporary passport mentioning the state in which he settled down in the following situations:

  1. he’s got the right of settling down for at least one year or from time to time if his right of settling down in the territory of that state has been extended during the year;
  2. he’s got the right of settling down in the territory of that state in order to reunify the family with a person who lives in the territory of that state;
  3. he’s got the right of settling down for a long period, or from time to time of a permanent settling down in the territory of that state;
  4. he’s got the citizenship of that state;
  5. he’s got the right to work there or if he attends a private or public institution in order to study, inclusively to professional perfection.

The Romanian citizen who owns a certificate of registration or a document proving that he lives in a state being member of the European Union or of the European Economical Area, document emitted by the competent authorities of a state being member of the European Union or of the European Economical Area, can ask the emission of a simple, simple electronic or simple temporary passport with the mentioning the state where he is settled down.

In case of asking the emission of a simple, simple electronic or simple temporary passport with the mentioning the state where he is settled down, the request will be handed down personally at the public service - dealing with the emission and evidence of simple passports – to which according to his last residence he belongs. In a foreign country he has to present his request at the diplomatic mission or the consular offices of Romania.

The following documents will be annexed to the request regarding the emission of a simple electronic or simple temporary passport with mentioning the state where his residence is:

            ▪ the previous passport, if it exists;

            ▪ invoice proving the payment of taxes and fees for the emission of the passport completed in the name of the entitled (paid at the CEC)

            Simple temporary passport:

                        ▪ 84 lei – counter-value of the simple temporary passport;

                        ▪ 32 lei – consulage;

                        ▪ 100 lei – supplementary fee of the simple temporary passport.

  Simple electronic passport:

                        ▪ 32 lei – consulage;

                        ▪ 244 lei - counter-value of the simple electronic passport.

                        ▪ Certificates of registration, the original (birth certificate, marriage certificate, divorce order in case of need);

                        ▪ document emitted by the authorities of the state in which he settles down regarding to his right of settling down, the original and from time to time its translation in Romanian. The following types of documents can be mentioned:

                        ▪ simple passport;

                        ▪ permission of settling down for at least a year;

                        ▪ permission of settling down emitted for the family reunion with a person who lives in the territory of that state;

                        ▪ permission of permanent settling;

                        ▪ document proving that the entitled has got the citizenship of the country where he intends to have residence;

                        ▪ right to work or document proving that he attends a private or public institution in order to study;

                        ▪ list of tenants – the original;

                        ▪ identity card or other written document emitted for this reason;

                        ▪ certificate of registration or other document proving the existence of his residence in a state which is member of the European Union or of the European Economical Area and in which he intends to live.

According to the art. 28, par. (6) of Governmental Ordinance no. 94/2006 for the approval of the Methodological Norms of applying law no. 248/2005 regarding the free circulation of Romanian citizens abroad, in case of any differences between the names written in the presented documents and those requested to be written in the simple electronic or simple temporary passport mentioning the country where his residence is, as a consequence of the change of the name in the foreign country, the request can be accepted only after mentioning this change in the register according to Law no. 119/1996 regarding the documents of the register with the later modifications and additions.

The Romanian citizen who has settled down in a foreign country is obliged to hand down the document of identity proving the existence of his residence in Romania, emitted by the Romanian authorities, when he gets the simple electronic or simple temporary passport mentioning the country where his residence is.

The residence of the minor of Romanian citizenship will be stated in legal conditions in the state where both his parents live or from time to time one of them lives, if the approval of the other parent exists.

The residence in a foreign country of the minor can be attested by the minor’s passport mentioning the state where he lives, by the passports of both parents if they both live in the same state or by one parent’s passport and the other’s declaration regarding his approval of the residence. This declaration must be signed in front of the clerk who registers the request or it must be legalized by a public notary in the country. In a foreign country the declaration must be legalized by the diplomatic mission or the consular offices of Romania. If the declaration was given in front of foreign authorities, it must be supra legalized as the law prescribes it, or the apostil of the Convention – regarding the supra legalization of official foreign documents - must be applied. This Convention was adopted in Hague, the 5th October 1961, Romania joined it by the Governmental Ordinance no. 66/1999, approved by Law no. 52/2000 with later modifications.

If the Romanian citizens were born or married in a foreign country, the foreign registry documents must be registered at the diplomatic missions or the consular office or they must be transcribed at the registry in Romania.

The foreign decisions regarding the divorce must be admitted by the juridical instance in Romania. On this occasion the problem of names used after divorce will also be clarified (in case of need).

At the registration of the requests for the emission of a passport for Romanian citizens living abroad, the handing down of a registry document including the personal code number of the entitled is necessary. The Romanian citizens, who haven’t got a personal code number, will present a written request in this sense at the County Directorate for the Inhabitants’ Evidence indifferent of their place of birth or of their last residence in the country. The original and the photocopy of the following documents will be presented the at the handing down of the request:

            ▪ certificates of registration emitted by the Romanian authorities;

            ▪ valid identification document (identity card or passport) emitted by the foreign authorities;

            ▪ document certifying the Romanian citizenship;

            ▪ bill stamp of 4 lei value.

Romanian citizens who have left Romania before 1989, and settled down in Hungary, have got the citizenship of this state, and they don’t present any documents certifying their Romanian citizenship, have to present – in order to get a traveling document – a document emitted by the Hungarian authorities which includes the datum of obtaining the citizenship of the People’s Republic of Hungary (deed of nationalization or of naturalization).

If the Hungarian citizenship was obtained before the 10th of February 1990, according to the orders of the Convention between The Socialist Republic of Romania and The People’s Republic of Hungary, the person in question lost his Romanian citizenship, and thus he cannot get a Romanian traveling document.

The simple passport mentioning the settling down in a foreign country is given to the entitled by the competent authorities personally. In case when the entitled - for an objective reason - cannot go the public services, the passport can be given to the person authorized by a special authorization legalized in the country by a public notary, while abroad by the diplomatic mission or the consular offices of Romania.

The Romanian citizen whose residence is in a foreign country can freely settle down in Romania any time.

The request regarding the resettling down in Romania, respectively the request for the emission of the identity card is to be addressed to the public service dealing with the evidence of persons which is in the region where he intends to resettle.

9. Certificates/documents regarding the restriction of exercising the right of free circulation abroad/Certificate of the embassy regarding the retained passports

If the solicitant is personally present, the following documents will be annexed to the request:

            ▪ printed request;

            ▪ identity document/the solicitant’s passport, the original and the Xerox copy, each document must be valid;

            ▪ the original invoice proving the payment of the consulage of 22 lei (paid at the Treasury),

If the request is handed down by an authorization, the following documents will be annexed to the request:

            ▪ printed request;

            ▪ the original special authorization;

            ▪ identity document/passport of the authorized person, the original and the Xerox copy, each document must be valid;

▪ the original invoice proving the payment of the consulage of 22 lei (paid at the Treasury),

 



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