Civil registration

Romania

Country Report: Civil registration Last updated: 30/11/20

Author

JRS Romania Visit Website

The procedure of civil registration is set out in Act 119/1996.[1]

 

Marriage and child birth registration

 

With regard to marriage registration, the law provides the obligation for the future spouses to present identity documents, birth certificates, and medical certificates.[2] Beneficiaries of international protection have to present several documents, such as:

–        Identity document, which in their case may be the travel document issued after granting a form of protection;[3]

–        Birth certificate;

–        Certificate/ evidence issued by diplomatic missions or consular offices;

–        Declaration, authenticated by the notary, which proves that they fulfil the necessary conditions for getting married;

–        Proof of divorce/ death certificate of the spouse as the case may be;

–        Prenuptial medical certificate;

–        Marriage convention.

 

In addition, foreign citizens who do not speak Romanian have to submit the marriage declaration in the presence of and through an authorised translator, which they have to pay for.

 

According to IOM Romania, no obstacles were reported as regards marriage registration, where the only step that may take longer is obtaining the celibacy certificate from the country of origin’s embassy / consulate in Romania, as it was also reported for 2018.[4]

 

As regards birth registration, IOM Romania mentioned that there were cases where families could not afford to pay the notaries fees for a declaration requested by the authorities in charge of birth registrations. This declaration must be made by the parents even though they have their marriage certificate translated and registered in Romania, and which already contains their names, place and date of marriage. All this information has to be repeated in the declaration given at the notary, as well as the fact that the father recognises the child in order to obtain the birth certificate.[5]

 

According to the AIDRom representative in Timișoara, in 2018 difficulties were only encountered in other localities in the south-western region of Romania. Cases from Arad and Caras-Severin County were reported.[6]

 

In 2018, ASSOC mentioned that in the past beneficiaries faced some difficulties in getting the celibacy certificate, as their countries of origin do not have embassies in Romania; it is impossible to obtain them through another family member who still lives in the country of origin, as they cannot apply for the certificate.  In case of birth registration it was reported that some difficulties may arise if the mother does not have the same surname with the father and they cannot prove they are married.[7] As for 2019, no problems were reported regarding marriage and child birth registration, even more beneficiaries are aided by the competent persons.[8]

 

Bank accounts

 

According to the legal counsellor in Galaţi, beneficiaries are unable to open bank accounts at some banks as it appears there are certain third countries whose nationals (Syrian, Iraqi, Iranian and sometimes Afghan nationals) are not offered services for security reasons. Only one small bank agrees to open bank accounts for beneficiaries of international protection.

 

In Şomcuta Mare some of the banks are also reluctant to open bank accounts, according to JRS representative, but there are a few banks that are opening bank accounts for beneficiaries of international protection. Beneficiaries are required to present their residence permit and travel document. According to ASSOC representative, in 2018 beneficiaries of international protection may open a bank account more easily than asylum seekers because their residence permit is valid for longer periods than temporary identity documents issued for asylum seekers. Usually beneficiaries deal with this on their own or are accompanied by fellow nationals; ASSOC has not received many requests of this kind.[9] In 2019, according to ASSOC, bank policies hindered beneficiaries to open bank accounts.[10]

 

In Timișoara, in most cases beneficiaries were not able to open bank accounts in 2018. The banks required not only the residence permit, but also the beneficiaries’ passport or travel document issued by IGI-DAI. In 2019 some beneficiaries were able to open bank accounts. The AIDRom representative together with their legal counsel tried to find out why this issue occurred and it seems that there was a decision of the Romanian National Bank regarding the opening of bank accounts for Syrian, Afghan, Iraqi and Sudanese nationals.[11]

 

In Rădăuţi: beneficiaries can only open a bank account when they have an employment contract.

 

In Giurgiu, according to the legal counsellor, banks open bank accounts for beneficiaries of international protection only for salary transfers and do not issue debit cards for them. People therefore have to withdraw their salaries from the bank.

 

IOM Romania reported that the problems are similar to those identified in 2018, namely: inclusion of the country of origin on the list of risk countries (terrorist financing, etc.); social condition of the family; proof of the need for an account; validity of the residence permit. It was also mentioned that the number of beneficiaries of international protection reporting these issues was lower than in 2018.[12]

 



[1]          Act 119/1996 on civil registration acts, available in Romanian at: http://bit.ly/2nFDcYr.

[2]          Article 25(3) Act 119/1996.

[3]          Local Council of Timișoara, Marriage Registration, available in Romanian at: https://bit.ly/2CSb8si.

[4]          Information provided by IOM Romania, 18 November 2019.

[5]          Information provided by IOM Romania, 18 November 2019.

[6]          Information provided by AIDRom, 16 January 2019.

[7]          Information provided by ASSOC, 30 January 2019.

[8]          Information provided by ASSOC, 5 March 2020.

[9]          Information provided by ASSOC, 30 January 2019.

[10]         Information provided by ASSOC, 5 March 2020.

[11]         Information provided by AIDRom, 16 January 2019.

[12]         Information provided by IOM Romania, 18 November 2019.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation