Law on the Legal Status of Foreign Citizens

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  • Country: Tajikistan
  • Language: English
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LAW ON THE LEGAL STATUS OF FOREIGN CITIZENS
Act of 1 February 1996
(Unofficial translation)

I-GENERAL PROVISIONS
II- FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES OF FOREIGN CITIZENS
IN THE REPUBLIC OF TAJIKISTAN
III- ENTRY INTO THE REPUBLIC OF TAJIKISTAN AND EXIT FROM THE
REPUBLIC OF TAJIKISTAN
IV- RESPONSIBILITY OF FOREIGN CITIZENS, REDUCTION OF THEIR STAY,
DEPORTATION
V- FINAL PROVISIONS

I-GENERAL PROVISIONS
Section 1- Foreign citizens of Tajikistan. Foreign citizens in the Republic of
Tajikistan shall be persons, who are not ci tizens of the Republic of Tajikistan and
possess documents confirming their belongin g to citizenship of the other state.
In conformity with the Constitution of the Republic of Tajikistan appropriate rights and
freedoms shall be guaranteed to foreign citizens.
Section 2- Legislation in the legal status of foreign citizens in the Republic of
Tajikistan.
The legislation of the Republic of Tajikistan on the legal status of foreign
citizens in the Republic of Tajikistan shall consist of the present Law and other
legislative acts of the Republic of Tajikistan, defining in conformity with the Constitution
of the Republic of Tajikistan the legal status of foreign citizens.
The legal status of foreign citizens in the Republic of Tajikistan shall be also defined
on the basis of international treaties of the Republic of Tajikistan.
Section 3- Principles of the legal status of foreign citizens in the Republic of
Tajikistan.
Foreign citizens in the Republic of Tajikistan shall enjoy the same rights and
freedoms and carry out the same duties as citi zens of the Republic of Tajikistan, unless
the Constitution of the Republic of Tajikist an, the present Law and other legislation of
the Republic of Tajikistan provide for otherwise.
Foreign citizens in the Republic of Tajikistan shall be equal before the law, irrespective
of origin, social and property status, racial and national affiliat ion, sex, education,
language, religion, pr ofessional affiliation and other aspects.

For citizens of those states, where the rights and freedoms of citizens of the Republic
of Tajikistan are deliberately infringed, the Republic of Tajikistan shall establish
reciprocal restrictions.
The exercise of rights and freedoms by foreig n citizens in the Republic of Tajikistan
should not be detrimental to the interests of the Republic of Tajikistan and lawful
interests of citizens of the Republic of Tajikistan and other persons.
Section 4- Obligation to respect the Co nstitution and to observe the laws of
the Republic of Tajikistan.
The exercise of rights and freedoms granted to foreign
citizens in the Republic of Tajikistan shall be inseparable from the performance of their
duties established by the legislation of the Republic of Tajikistan.
Foreign citizens staying in the Republic of Tajikistan shall be obliged to respect the
Constitution of the Republic of Tajikistan an d to observe the laws of the Republic and to
respect traditions and customs of the people living in the territory of the Republic of
Tajikistan.
Section 5- Foreign citizens permanen tly and temporarily residing in the
republic of Tajikistan.
Foreign citizens shall enter the Republic of Tajikistan provided
they have entry/exit visas, issued by the Mini stry of Foreign Affairs, its representations
abroad or by embassies and consulates of those states, with which the Republic of
Tajikistan has appropriate agreements.
If foreign citizens enter the Republic of Ta jikistan for the period of more than one
month, they shall obligatory obtain a residenc e permit at the offices of the Ministry of
Interior. The term of the residence permit sh all be extended together with the extension
of the term of entry/exit visas. The term of the residence permit shall not be extended
without the extension of entry/exit visas. Th e term of the residence permit extended
without the extension of the term of entry visa shall be invalid.
Section 6- Granting of asylum. The Republic of Tajikistan may grant political
asylum to foreign citizens who became vict ims of human rights violations. Political
asylum shall be granted by the Presid ent of the Republic of Tajikistan.
II- FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES OF FOREIGN CITIZENS
IN THE REPUBLIC OF TAJIKISTAN
Section 7- Labour activity. Foreign citizens perm anently residing in the Republic of
Tajikistan may work as employees at enterprises, organizati ons and institutions or be
engaged in other labour activities on the grounds and in the manner established for
citizens of the Repu blic of Tajikistan.
Foreign citizens temporarily staying in the Republic of Tajikistan may be engaged in
labour activity in the Republic of Tajikistan, provided it is compatible with the aims of
their stay in the Repu blic of Tajikistan.
Foreign citizens may not take certain offices or be engaged in certain labour activity,
if under the legislation of the Republic of Tajikistan appointment to these offices or
engagement; such activity is co nnected with affiliation to the citizenship of the Republic
of Tajikistan.
In labour relations, foreign citizens sha ll enjoy the rights and perform the duties
equally with citizens of the Republic of Tajikistan.

Section 8- Rest. Foreign citizens in the Republic of Tajikistan shall have the same
right to rest as citizens of the Republic of Tajikistan.
Section 9- Health Care. Foreign citizens in the Republic of Tajikistan shall have the
right to health care. Foreign ci tizens permanently residing in the Republic of Tajikistan
shall use medical services equally with citizens of the Republic of Tajikistan.
Foreign citizens temporarily staying in the Republic of Tajikistan shall use medical
services in the manner establis hed by the Ministry of Health Care of the Republic of
Tajikistan.
Section 10- Social Security. Foreign citizens permanently residing in the Republic
of Tajikistan shall have the right to obtain allowances, pensions and other social benefits
equally with citizens of the Republic of Tajikistan.
Foreign citizens temporarily slaying in the Republic of Tajikistan shall have the right to
obtain benefits and other social benefits on the grounds and in the manner established
by the legislation of the Republic of Tajikistan.
In those cases when the proper length of work is a necessary condition to obtain a
pension, the period of work abroad can be included to the length of work of foreign
citizens on the grounds and in the manner esta blished by the legislation of the Republic
of Tajikistan.
Section 11- Provision of dwelling. Foreign citizens perman ently residing in the
Republic of Tajikistan shall have the right to set a dwelling in houses of the state and
public housing fund, house-building cooperatives, and to own a house or a flat on the
grounds and in the manner established by the legislation of the Republic of Tajikistan.
Section 12- Property and personal non-property rights. Foreign citizens in the
Republic of Tajikistan may have personal property; they may inherit and devise
property; they may have the copy rights to the works of science, literature and art,
discovery, invention, industrial sample, an d other property and non-property rights,
unless the legislation of the Republic of Tajikistan provides for otherwise.
Section 13- Education. Foreign citizens in the Republic of Tajikistan shall have the
right to receive education equally with citizens of the Republic of Tajikistan in conformity
with the procedure established by the legi slation of the Republic of Tajikistan.
Foreign citizens admitted to educational inst itutions shall have the rights and perform
duties of students in conformity with the legislation of the Republic of Tajikistan, unless
the legislation of the Republic in force provides for otherwise.
Section 14- Cultural Achievements. Foreign citizens in the Republic of Tajikistan
shall have the right to enjoy cultural achievem ents equally with citizens of the Republic
of Tajikistan.
Foreign citizens in the Republic of Tajikistan shall be obliged to care for historical and
cultural monuments and other cultural values.
Section 15- Public Organizations. Foreign citizens perman ently residing in the
Republic of Tajikistan shall have the right, equally with citizens of the Republic of
Tajikistan, to join trade unions, cooperative organizations, scientific, cultural, sport

societies and other public organizations, except for political parties, unless it contradicts
the statutes of these organizations and the legislation of the Republic of Tajikistan.
Section 16- Freedom of conscience . Foreign citizens in the Republic of Tajikistan
shall have the guaranteed freedom of conscience equally with citizens of the Republic of
Tajikistan.
Excitation of enmity and hatred on religious grounds shall be prohibited.
Section 17- Marital and family relations . Foreign citizens in the Republic of
Tajikistan may contract and dissolve marriages wi th citizens of the Republic of Tajikistan
and other persons in conformity with the legislation of the Republic of Tajikistan and
international treaties.
Foreign citizens in the Republic of Tajikistan shall enjoy the rights and bear
responsibilities in marital and family relations equally with citizens of the Republic of
Tajikistan
Section 18- Security of a person and home . Foreign citizens in the Republic of
Tajikistan shall be guaranteed the security of their person and home and their personal
belongings in conformity with the legislation of the rights.
Section 19- Movement within the territory of the Republic of Tajikistan and
choice of the place of residence.
Foreign citizens may move within the territory of
the Republic of Tajikistan and chose a place of residence in th e Republic of Tajikistan in
conformity with the procedure established by the legislation of the Republic of
Tajikistan. Restrictions on movement and choice of pl ace of residence shall be
permitted, if it is necessary for national security, protection of public order, health and
morality of population, protec tion of rights and lawful interests of citizens of the
Republic of Tajikistan and other persons.
Section 20- Taxes and duties . Foreign citizens in the Republic of Tajikistan shall be
subject to taxation on equal grounds with citizens of the Republic of Tajikistan, unless
the legislation of the Republic of Tajikistan provides for otherwise.
Section 21- Protection of rights of foreign citizens . Foreign citizens in the
Republic of Tajikistan shall have the right to appeal to court and other state organs for
the protection of their person, property, family and other rights.
In a court, foreign citizens shall enjoy the legal procedure rights equally with citizens
of the Republic of Tajikistan.
Section 22- Suffrage. Foreign citizens in the Repub lic of Tajikistan may not elect
and be elected to legislative organs as we ll as may not be appointed to executive
organs, or take part in all-nation voting (referenda).
Section 23- Military service . Foreign citizens shall not be obliged to serve in the
Armed Forces of the Republic of Tajikistan.
III- ENTRY INTO THE REPUBLIC OF TAJIKISTAN AND EXIT FROM THE
REPUBLIC OF TAJIKISTAN
Section 24-Entry into the Republic of Tajikistan .

Foreign citizens may enter the Republic of Tajikistan with valid travel passports or
equivalent documents if they have an entry visa granted by the Ministry of Foreign
Affairs and its representations abroad, and also by embassies and consulates of foreign
countries, with which the Republic of Ta jikistan has appropriate agreements.
A foreign citizen may be denied to enter the Republic of Tajikistan:
• 1) in the interests of na tional security or protec tion of public order;
• 2) if it is necessary for the protection of ri ghts and lawful interests of citizens of the
Republic of Tajikistan and other persons;
• 3) if during the previous visit to the Republic of Tajikistan, it was established that
he/she violated the legislation on the legal status of foreign citizens in the Republic
of Tajikistan, customs, hard currenc y or other laws of the Republic;
• 4) if applying for entry he/she provided false information or did not provide necessary
documents;
• 5) on other grounds, established by the le gislation of the Republic of Tajikistan.
Section 25-Exit from the Republic of Tajikistan . Foreign citizens shall exit from
the Republic of Tajikistan with travel passports or equivalent documents if they have an
exit visa granted by the Ministry of Foreign Affairs of the Republic of Tajikistan.
A foreign citizen shall not be allowed to exit from the Republic of Tajikistan:
• 1) if there are grounds to institute criminal proceedings against him/her until the
termination of the case;
• 2) if he/she has been convicted for a crime until the sentence is served or
• lifted;
• 3) if it contradicts the intere sts of national security until the circumstances preventing
the exit cease to exist;
• 4) if there are other circumstances establis hed by the legislation of the Republic of
Tajikistan that pr event the exit.
Departure of a foreign citizen from the Repu blic of Tajikistan may be delayed until he
fulfils property obligations related to substantial interests of citizens of the Republic of
Tajikistan and other persons, state, co-o perative and other public organizations.
Section 26- Transit movement . Foreign citizens who transit through the territory of
the Republic of Tajikistan, follow the establis hed route, with the observation of rules of
transit, to the border point of exit from th e Republic of Tajikistan and may stop on the
territory of the Republic of Tajikistan if they have a transit visa granted by the Ministry
of Foreign Affairs of the Republic of Tajikistan.
Section 27- Establishment of rules for entry into the republic of Tajikistan,
exit from the Republic of the Republic of Tajikistan, transit through the
territory of Tajikistan
.
The rules for entry into the Republic of Tajikistan of foreign citizens, their exit from
the Republic of Tajikistan and transit through the territory of the Republic of Tajikistan
shall be established by the present Law and other legislative acts of the Republic of
Tajikistan.
IV- RESPONSIBILITY OF FOREIGN CITIZENS, REDUCTION OF THEIR STAY,
DEPORTATION

Section 28- Grounds for responsibility for delinquency. Foreign citizens who
have committed crimes, administra tive and other violations of the law in the territory of
the Republic of Tajikistan shall be liable equally with citizens of the Republic of
Tajikistan.
Section 29-Responsibility for violation of the rules for stay in the Republic of
Tajikistan and transit trough the territory of the Republic of Tajikistan
. For
violation by foreign citizens of the rules for stay in the Republic of Tajikistan, i.e.
residence without documents, gi ving the right to residence in the Republic of Tajikistan
or residence with invalid documents, non-ob servation of the established procedure for
registration and obtaining regi stration certificate or movement and choice of place of
residence, evasion from departure on the expiry of the term of their residence
established for them, and also non-observat ion of the rules for transit through the
territory of the Republic of Tajikistan, may be subject to administrative and criminal
punishment.
Section 30- Reduction of the stay in the Republic of Tajikistan . The term of the
stay in the Republic of Tajikistan establis hed for a foreign citizen may be reduced if
he/she violates the legislation on the legal status of foreign citizens in the Republic of
Tajikistan and other legislative acts of the Re public of Tajikistan.
The stay of a foreign citizen in the Republic of Tajikistan may be also reduced where
the grounds for his/her further stay have ceased to exist.
A decision on the reduction of the stay shall be taken by internal affairs bodies.
Section 31- Deportation from the Republic of Tajikistan. A foreign citizen may
be deported from the Republic of Tajikistan:
1) if his/her actions contradict the interests of national security or protection of public
order;
2) if it is necessary for the protection of health and morality of population, protection
of rights and lawful interests of the ci tizens of the Republic of Tajikistan;
3) if he/she grossly violated the legislation on the legal status of foreign citizens in
the Republic of Tajikistan, cu stoms, hard currency and othe r legislation of the Republic
of Tajikistan.
A decision on deportation shall be taken by th e Ministry of Security or the Ministry of
Internal Affairs in cooperation with the Prosec utor General of the Republic of Tajikistan.
If a deportee does not appeal to the court ag ainst the legitimacy of this decision within
one week, the decision shall be executed. The court shall take its decision in accordance
with the procedure established for citi zens of the Republic of Tajikistan.
V- FINAL PROVISIONS
Section 32- Application of the present law to stateless persons. Provisions of
the present Law shall apply to stateless persons in the Republic of Tajikistan, unless the
legislation of the Republic of Tajikistan provides for otherwise.
Section 33- Privileges and immunities of heads and staff members of
representation of foreign states and other persons.
The provisions of the present
Law shall not infringe on the privileges and immunities established by the legislation of

the Republic of Tajikistan and international treaties of the Republic of Tajikistan, for
heads and staff members of diplomatic, cons ular representations and liens with equal
status.
Section 34- Staff members of foreign representations . Stay in the Republic of
Tajikistan of diplomatic and consular repr esentations of foreign slates, staff members
and their families shall be defined by in ternational treaties and other acts of
international law.