Author
The procedure of civil registration is set out in Act 119/1996.[1]
Marriage and childbirth 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/LADO reported no such cases in 2021 and noted that interpretation for marriage registration or birth registrations is not ensured by their organisation.[4]
AIDRom reported some difficulties in registering a newborn. Even where the parents of the newborn child are married, many do not have the same surname. Therefore, both parents must go to the Population Registry – Newborn Service, to agree on the child’s name. Another issue is that in many countries there is no difference between last name and first name. Therefore, when a Romanian document is issued (birth certificate), it is a little harder to identify which is the first name and which is the last name. Some problems start right from the maternity ward, as the birth certificate attesting the birth of the living child is issued incorrectly. The error is also related to the name / surname – they are often written in reverse, the surname instead of the given name and vice versa.
In Galati the JRS representative provided assistance for the issuance of birth certificate for a 4-year-old child. The cost of authorized interpretation was also covered by the project.
In Radauti the NGO representative provided support for the registration of 2 newborns. The families were accompanied by the NGO representative and interpretation was also ensured. It was reported that the authorities are not familiarized with the residence permits. The same issue was also pointed out by IOM Romania.[5]
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 2021 it was observed that even the small banks were not opening bank accounts for beneficiaries of international protection and third country nationals. As a consequence they were unable to renew their residence permits.
In Şomcuta Mare there is not a single bank that opens bank accounts for beneficiaries, according to the JRS representative. According to ASSOC/LADO, in general there were no problems, except for people from countries such as Syria, Iran, etc. for whom only certain banks are opening accounts. There are very few cases of beneficiaries of international protection who open their accounts without having a job, because in order to benefit from the state allowance as well as the non-reimbursable aid a bank account is not necessary.[6]
In Timișoara, AIDRom reported that beneficiaries who would like to open a bank account for certain online services and receive money were often rejected, especially Syrian nationals. 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. 129/2019 on preventing and sanctioning money laundering, as well as on the establishment of preventing measures and combating terrorist financing. [7] The director of Timișoara centre said that this is not the case for all beneficiaries.
In Rădăuţi: beneficiaries can only open a bank account when they have an employment contract. Nevertheless, it was also reported that even if the beneficiary has an employment contract the bank still refuses to open the account. A beneficiary, Syrian national was refused by 3 banks.
In Giurgiu, in general banks refuse to open accounts according to the JRS representative. The reason invoked by the banks was increased financial risks presented by the beneficiaries. The director of Giurgiu stated that only certain banks open bank accounts. However, this was reported by a single beneficiary of international protection.
Bucharest: According to IOM Romania beneficiaries from Syria, Iran, Iraq, and Afghanistan often face difficulties in dealing with banking institutions. For opening an account they must meet several conditions, namely: residence permit, passport from the country of origin, proof of a stable income, as well as knowledge of the Romanian language. There were situations in which, after opening a bank account, it was suspended without notice and without receiving any justification / explanation from the bank. Also, most of the bank representatives who refused to open bank accounts to beneficiaries were reluctant to provide a written answer in this regard.[8] On the other hand, the director of Vasile Stolnicu centre said there are no problems with opening a bank account.
[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 LADO/ASSOC, 5 February 2022.
[5] Information provided by IOM ROMANIA ROMANIA, 19 February 2022.
[6] Information provided by LADO/ASSOC, 3 February 2022.
[7] Information provided by AIDRom, 14 January 2022.
[8] Information provided by IOM ROMANIA ROMANIA Romania, 19 Febraury 2022.