Civil registration

Romania

Country Report: Civil registration Last updated: 30/04/21

Author

Felicia Nica with support from JRS Romania Visit Website

Civil registration

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.

The ASSOC representative reported that access to relevant information on marriage registration is hindered as the information is provided only in Romanian, being very difficult for beneficiaries of international protection to marry without the assistance of NGOs. In Şomcuta Mare, 2 marriages were officiated between 2014 and 2021. They were assisted by NGOs who provided information on the legal procedure, translated the required documents and identified an authorized translator, who offered his/her services for free.[4]

As regards birth registration, ASSOC mentioned that the procedure is very difficult. Asylum seekers and beneficiaries of international protection have no documents. As a consequence they have to make a declaration at the notary regarding the place of birth, the names of the parents and the name of the newborn. In Şomcuta Mare, the ASSOC representative participated as a translator and mediator in this procedure. During 2014-2021, 15 children obtained a birth certificate. In 2020 only 1 child was assisted.

  • 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 Afghan nationals) are not offered services for security reasons. Only one small bank agrees to open bank accounts for beneficiaries of international protection. Nevertheless in 2020 it was observed that in a few cases bank accounts were opened also by bigger banks.

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. In 2019, according to ASSOC, bank policies hindered beneficiaries to open bank accounts.[5] In 2020 it was reported that there is only one bank that agrees to open bank accounts for beneficiaries.

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.[6]It was reported by the director of Timișoara Regional Centre that this is still an issue.

In Rădăuţi: beneficiaries can only open a bank account when they have an employment contract. There is only one bank in Rădăuţi that opens bank accounts for beneficiaries.

In Giurgiu, in general banks refuse to open accounts, with the exception of 2 banks. It was also reported that several bank accounts opened in previous years were closed in 2020. The reason invoked by the banks was increased financial risks presented by the beneficiaries.

Bucharest: it was reported that many beneficiaries were unable to open a bank account. However, the majority of beneficiaries managed to open bank accounts.

AIDRom reported that many beneficiaries complain about this issue. Banks refuse to open bank accounts, invoking reasons such as: money laundering and terrorist financing. Although the Romanian National Bank has officially informed them that banks may open a bank account to anyone, it is up to each bank to decide after assessing these aspects prescribed by Law no. 656/2002 on preventing and sanctioning money laundering, as well as on the establishment of preventing measures and combating terrorist financing.

 

 

 

 

[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 ASSOC, 16 February 2021.

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

[6]        Information provided by AIDRom, 16 January 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