Ministry of Internal Affairs

Rights and duties

RIGHTS AND OBLIGATIONS

  • Rights of asylum-seekers/ art. 28 of Law 270 of 18.12.2008
  • Rights of refugees and beneficiaries of humanitarian protection/ art. 33 of Law 270 of 18.12.2008
  • Duties of asylum-seekers/ art. 31 of Law 270 of 18.12.2008
  • Duties of refugees and beneficiaries of humanitarian protection/ art. 34 of Law 270 of 18.12.2008
Rights of asylum-seekers/ art. 28 of Law 270 of 18.12.2008

An asylum-seeker shall enjoy the following rights:

a) not to be returned or expelled until his/her application for asylum is determined;

b) to stay in the Republic of Moldova until the expiry of the 15-day term following the date when the decision of rejection of his/her application for asylum becomes irrevocable, save the situation where the application for asylum has been rejected in an accelerated procedure, in which case the foreigner shall leave the Republic of Moldova on the date when the decision on his/her application becomes irrevocable;

c) to be informed in writing, upon submission of the application, in a language that he/she speaks or is reasonably presumed to speak about his/her rights and duties during the asylum procedure;

d) upon request to be interviewed by a person of the same sex;

e) to be provided for free with an interpreter (translator) at any stage of the asylum procedure;

f) to legal assistance at any stage of the asylum procedure, in accordance with the law;

g) to protection of personal data and any other details concerning his/her application;

h) to be informed of the possibility to contact representatives of UNHCR;

i) to be counselled and assisted by representatives of nongovernmental organisations at any stage of the asylum procedure;

j) to be issued for free a temporary identity document the validity of which shall be extended by the Refugee Directorate, pursuant to the provisions of this Law. In the absence of documents certifying the applicant’s identity, the temporary identity document shall indicate the declared identity the authenticity of

which shall be subsequently verified jointly with competent authorities.

k) to be informed about the possibility and terms of appeal against the decision of rejection of the application;

l) upon request, to work - the right granted temporarily - provided that, for objective reasons, the person lacks necessary means for subsistence;

m) to be placed in an accommodation centre for the period of the procedure;

n) in the case of an asylum-seeker with special needs, to benefit from the adjustment of the accommodation and assistance conditions in the accommodation centres;

o) to primary and emergency health care, in accordance with the law;

p) in the case of a minor asylum-seeker, to have access to general compulsory education under the same conditions as children citizens of the Republic of Moldova;

r) in the case of a family with children, as well as that of an unaccompanied minor, to benefit from all types of social assistance, in accordance with the legislation in force, under the same conditions as children citizens of the Republic of Moldova;

s) other rights as provided by the legislation.

Rights of refugees and beneficiaries of humanitarian protection/ art. 33 of Law 270 of 18.12.2008

(1) Refugee status of and humanitarian protection grant the beneficiary all the rights provided by the legislation on foreigners and stateless persons, as well as the following special rights:

a) to be informed, as soon as possible following the grant of a form of protection, in writing in a language that he/she speaks or is reasonably presumed to speak about his/her rights and

obligations;

b) to remain on the territory of the Republic of Moldova and obtain respective documents for confirming his/her identity and border crossing;

c) to choose a place of residence and move freely subject to the conditions set out in the legislation concerning foreigners;

d) to be employed by legal or natural persons, exercise freely professions, carry out entrepreneurial activities, pursuant to the provisions of the legislation in force;

e) to receive wages and benefit from the other material rights resulting from the activities performed, as well as the right to social insurance, pursuant to the provisions of the law;

f) to be enrolled in compulsory general education in accordance with the provisions set out in the legislation for citizens of the Republic of Moldova, as well as other forms of education set out in the legislation for foreigners and stateless persons;

g) in case of a family with children, as well as that of an unaccompanied minor, to benefit from all types of social assistance provided by the law to children citizens of the Republic of Moldova;

h) to benefit from treatment identical to the one offered to citizens of the Republic of Moldova with regard to freedom of practicing their religion and the right to provide their children with

religious education;

i) to enjoy the same rights regarding the system of compulsory medical insurance as citizens of the Republic of Moldova, in accordance with the conditions provided by the legislation in force;

j) to benefit from the right of protection of personal data and any other details in connection with his/her case;

k) to have unhindered access to courts and administrative assistance;

l) not to be returned or expelled, save the cases provided by this Law;

m) to be placed in an accommodation centre for a certain period of time if determined to be socially vulnerable;

n) upon request, to participate in programs of social integration.

(2) In the absence of necessary means of subsistence, a beneficiary of refugee status or humanitarian protection has the

right to financial aid, the procedure and amount of which are set by the Government. The period such assistance is 6 months and is subject to the following conditions:

a) submission of an application;

b) signing of a commitment to reimburse the amounts received;

c) availability of state funds.


Duties of asylum-seekers/ art. 31 of Law 270 of 18.12.2008

An asylum-seeker shall:

a) present all relevant elements of his/her application for asylum: statements and all existing documents, information on his/her identity, citizenship, previous countries and places of residence,

previous applications for asylum, transit itineraries, identity and travel documents and the reasons for which a form of protection is sought;

b) be truthful and cooperate with the eligibility counsellor to comprehensively establish all the relevant circumstances pertaining to his/her application;

c) make efforts to support his/her declarations with any available proofs and offer justifications for the absence of proofs;

d) provide detailed and complete information regarding them and their personal experiences in order to give the eligibility counsellor the possibility to establish relevant facts;

e) hand over the identity documents, including travel documents, that he/she holds;

f) inform within 10 days the Refugee Directorate of any change of residence, legal status, civil status, of any loss or deterioration of identity documents issued by the Refugee Directorate;

g) inform the Refugee Directorate about leaving the place of residence;

h) co-operate with the authorities for the determination of his/her application and reply to all question addressed to him/her by the competent authorities in the field of asylum;

i) respond to the requests of the authorities competent in the field of asylum;

j) undergo photographing and to mandatory fingerprint registration;

k) undergo free medical examination for public health reasons;

l) comply with the internal regulations of the accommodation centres;

m) upon placement in an accommodation centre, to produce all the goods that he/she possesses for their inclusion in the inventory;

n) leave the territory of the Republic of Moldova before the expiry of the 15-day term following the date when the decision of rejection of his/her application for asylum becomes irrevocable, save the situation where the application for asylum has been rejected in an accelerated procedure, in which case the foreigner shall leave Republic of Moldova on the date when the decision of rejection of his/her application for asylum becomes irrevocable;

o) comply with the provisions of this Law and of the legislation in force.


Duties of refugees and beneficiaries of humanitarian protection/ art. 34 of Law 270 of 18.12.2008

(1)   Refugee and beneficiaries of humanitarian protection are obliged to:

a) know and respect the Constitution of the Republic of Moldova, provisions this Law and other normative acts;

b) have correct and civilised behaviour, respect the rules established by the competent authorities in the field of asylum and respond to their requests;

c) respect internal regulations of the accommodation centre;

d) reimburse the amounts of assistance received, if the beneficiary has gained income which allows him to do so; the

reimbursed amounts shall be considered as income to the state budget.

(2) Refugees shall contact the Refugee Directorate with a view to obtaining a new identity card, upon the expiry of its validity, with at least 30 days prior to the expiration, and, in case of a loss or damage, within 3 days;


(3) Beneficiaries of humanitarian protection shall contact immediately the Refugee Directorate in case of a loss or damage of the humanitarian protection identity card.

RIGHTS AND OBLIGATIONS OF PERSONS ACCOMMODATED IN THE ACCOMMODATION CENTER OF THE GENERAL INSPECTORATE FOR MIGRATION

  • RIGHTS OF PERSONS ACCOMMODATED IN THE ACCOMMODATION CENTER
  • OBLIGATIONS OF PERSONS ACCOMMODATED IN THE ACCOMMODATION CENTER
RIGHTS OF PERSONS ACCOMMODATED IN THE ACCOMMODATION CENTER

RIGHTS OF PERSONS ACCOMMODATED IN THE GIM ACCOMMODATION CENTER (HG No. 1023 of 28-12-2012, CHAPTER IV)

37. Persons accommodated in the Center shall be informed in writing and under signature, in the state language or in a language they understand or are reasonably presumed to understand, about their rights and obligations, as well as about the internal rules of the Center.

38. Asylum seekers who have received international protection and whose accommodation in the Center has been extended shall be repeatedly informed about their rights and obligations during their stay, as well as about the internal rules, under signature.

39. During their stay in the Center, persons shall benefit from the following rights:

  1. to have their opinions and personal specificities respected in religious, philosophical, and cultural matters;
  2. to be provided with minimum accommodation conditions within the limits of available funds;
  3. to use common areas in strict compliance with the schedule approved by the administration;
  4. to have access to telephone services at their own expense;
  5. to receive visitors in accordance with the schedule approved by the administration, in specially designated areas;
  6. to request social and psychological assistance through specialized professionals, when necessary;
  7. in the case of persons with special needs, to benefit from adapted accommodation conditions and assistance within the Center;
  8. to receive medical assistance in accordance with the legislation in force;
  9. to leave and return to the Center premises between 06:00 and 23:00;
  10. to hand over valuables and personal belongings for safekeeping to the responsible person;
  11. to have free access to information;
  12. to organize their free time in strict compliance with the provisions of this Regulation;
  13. to participate in cultural, educational, recreational, and sports activities;
  14. to benefit from activities carried out by representatives of the United Nations High Commissioner for Refugees in the Republic of Moldova and other institutions and non-governmental organizations with which cooperation agreements have been concluded in this field;
  15. to submit requests and complaints (petitions, proposals, notifications) to the Center administration and to higher authorities.

40. The exercise of the rights of persons accommodated in the Center must not infringe upon the rights and legitimate interests of other persons, including other residents, nor violate the rules and conditions for the operation of the Center.

OBLIGATIONS OF PERSONS ACCOMMODATED IN THE ACCOMMODATION CENTER

OBLIGATIONS OF PERSONS ACCOMMODATED IN THE IGM ACCOMMODATION CENTER (GD No. 1023 of 28-12-2012, CHAPTER IV)

41. During their stay in the Center, persons are obliged to:

  1. comply with the established rules, daily schedule, internal regulations, and room assignments given at the time of accommodation;
  2. observe sanitary and personal hygiene standards, as well as collective hygiene;
  3. present all personal belongings for inventory;
  4. comply with the legitimate requirements of the Center’s staff and not engage in activities that hinder the proper performance of their duties;
  5. observe rules of politeness in interactions with Center staff and other residents, and show respectful behavior towards Center staff and any external persons they interact with, such as representatives of state institutions or national and international non-governmental organizations;
  6. respect the personality, dignity, honor, political and religious beliefs of other residents of the Center;
  7. appear when requested by the administration and provide verbal and/or written explanations regarding actions or circumstances that breach internal regulations;
  8. preserve material goods, equipment, inventory, and other Center property throughout their stay;
  9. participate in all informational and training sessions regarding health, personal hygiene, and cleanliness during their stay;
  10. repair damages caused in accordance with the law;
  11. present a valid identification document upon entering the Center;
  12. participate in all informational and training sessions related to fire safety, electrical hazards, and the use of equipment operating on natural gas during their stay;
  13. maintain cleanliness in common areas (corridors, kitchens, sanitary blocks, etc.) and in living rooms. Cleaning of common areas and the Center’s premises is carried out according to a set schedule;
  14. leave the Center on the date specified in the decision for leaving the Center;
  15. return the accommodation space and material goods provided for use when leaving the Center;
  16. comply with other obligations arising from this Regulation.


42. It is strictly prohibited:

  1. insulting, using obscene words, gestures, or acts, or performing actions that violate the dignity of Center staff, accommodated persons, and other individuals;
  2. subscribing to, receiving, procuring, storing, or distributing publications, watching TV shows and films, or listening to radio programs that promote war, ethnic, national, racial, or religious intolerance, glorification of violence and cruelty, or pornographic content;
  3. making, acquiring, possessing, or introducing into the Center any objects prohibited by the legislation of the Republic of Moldova, namely: firearms, cold weapons, explosives, prohibited chemical substances, or radioactive substances;keeping perishable or easily spoiled food products, expired food, or food without a validity date in living rooms or other common areas, which may cause infection outbreaks;
  4. introducing any animals or birds into the Center or living rooms for the purpose of breeding or slaughter;
  5. hanging or attaching reproductions, illustrations, or cutouts from newspapers and magazines on walls, nightstands, wardrobes, or beds;
  6. preparing, introducing, storing, distributing, selling, or consuming alcoholic beverages, drugs, hallucinogenic substances, psychotropic substances, or other narcotics within the Center;
  7. placing goods (equipment, technical installations, mechanisms, furniture, household appliances, computers, etc.) in living rooms that are not part of the Center’s inventory;
  8. changing rooms or sleeping places without the permission of the Center administration;
  9. rearranging furniture or modifying living spaces without the administration’s consent;
  10. using heaters, electrical or makeshift installations, or other devices that may cause fires or accidents;
  11. smoking in living rooms or common areas, except in specially designated smoking areas;
  12. climbing on the roofs of the Center;
  13. connecting to electrical networks or modifying them without authorization from the Center administration, interfering with the heating or water supply system, or using electric water heating devices over 240 W;
  14. intentionally harming one’s own health or the health of another person in the Center;
  15. initiating, organizing, supporting, participating in, or conducting any actions, demonstrations, or gatherings that compromise the safety of staff or the internal order of the Center;
  16. committing acts of violence against staff, persons carrying out missions in the Center, visitors, other residents, or any other persons;
  17. inciting, organizing, supporting, or participating in acts of indiscipline, revolt, rebellion, active or passive disobedience, or other violent group actions that endanger the Center’s order, discipline, and safety;
  18. threatening staff, mission personnel, visitors, residents, or any other person;
  19. blocking access or evacuation routes in or out of living spaces or common areas;
  20. intentionally preventing the performance of activities conducted within the Center;
  21. using open flames outside designated cooking or dining areas or using flammable substances;
  22. using electrical installations, equipment, or materials for purposes other than those intended or modifying them;
  23. covering light bulbs, lamps, or other heat sources with cloth, paper, or other flammable materials;
  24. disabling fire safety equipment provided in the Center;
  25. exchanging or selling food, equipment, or other goods for profit;
  26. using the services of other residents for personal benefit without their consent;
  27. gambling or fortune-telling to obtain benefits.


43. Persons requesting accommodation in the Center must present a chest X-ray and its report.

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