Law of the Republic of Tajikistan on
Migration, No. 881
This law shall regulate social relations in the sphere of population migration,
determine legal, economic and social grounds of migration processes, and regulate
creation of necessary living conditions in a new place for individuals and their
families returning to their historical motherland.
Article 1. Main definitions used in the present Law.
The following basic definitions are used in this Law:
migration - it is an irretrievable, temporary or seasonal movement of natural
persons to and from the Republic of Tajikistan, as well as movements of natural
persons within the Republic of Tajikistan because of changing a place of residence or
work;
labor migration abroad is the voluntary legal travel of citizens abroad, who
permanently live within the territory of the Republic of Tajikistan and also travel of
foreign citizens and people, who haven’t a citizenship and who are permanently living
beyond the territory of the Republic of Tajikistan, to the territory of the Republic of
Tajikistan for doing a paid work according to the labor agreement;
the frontier labor migration is the everyday and or once a week travel of
citizens of the Republic of Tajikistan to the territory of frontier state and the everyday
and or once a week travel of frontier state’s citizens to the territory of the Republic of
Tajikistan with the aim of being occupied with paid work according to the labor
agreement, with the condition of permanent residence within the territory of the
abandoned state;
the migrant worker is a person who doesn’t permanently live within the state
where he works, who is not the citizen of that state, was working, is working or will
work for the paid labor;
frontier worker is the migrant worker, who keeps his usual place of residence
in the neighboring state and working or will work for the paid labor;
the abandoned state is the state in which the migrant worker permanently lives
and for being occupied with the paid work goes to another country;
the state of the place of work is the state in which the migrant worker was
busy, is busy and or will be busy with the paid labor activity.
internal migration - an irretrievable, temporary or seasonal displacement of
natural persons within the Republic of Tajikistan;
immigrant - a foreigner or a stateless person arrived to the RT for permanent or
temporary residence;
immigration - arrival of foreigners or a stateless persons to the RT for
permanent or temporary residence;
family migration - arrival of a group of relatives into the Republic of Tajikistan
for temporary or permanent residence;
collective immigration - organized resettlement of foreigners or stateless
persons into the Republic of Tajikistan;
illegal immigrants - foreigners or stateless persons arrived to the Republic of
Tajikistan on their own, without a permission of an authorized organ, or have received
such permission by fraud, as well as those, who have entered the territory of the RT
on the basis of a relevant permission, but have not left the country after the expiration
of tenure;
re-settlers - people who have left the country of their permanent residence on
their own and arrived to the territory of the RT for permanent residence:
o
With a purpose to reunite with their families living on the territory of the
Republic of Tajikistan;
o
With a purpose to return to the former place of residence;
o
With a purpose to return to their historical motherland (repatriates);
o
Because of getting married a person who is a citizen of the Republic of
Tajikistan.
forced re-settlers - persons-citizens of the RT, who have forcedly left their
permanent place of residence, and now are staying on the territory of another state
because of violence or persecution committed against them; or because of the real
danger to undergo the persecution not only against themselves, but also against
members of his family in regards to race, nationality, religion, language, political
credo, belonging to a definite social group; and also if there is any connection
between the commitment of violence or persecution, and the real danger to undergo
persecution in armed and international conflicts;
temporary place of resettlers’ residence - an inhabited locality on the territory
of the Republic of Tajikistan that was determined by the central executive body upon
agreement with local executive and other competent bodies, where living quarters,
suitable for accommodation and temporary stay of repatriates, re-emigrants, forced resettlers and refugees, are located;
repatriation - return of prisoners of war, displaced persons, refugees and
emigrants to their homeland;
-
repatriates natural persons returning under the repatriation;
emigration - irretrievable or temporary leaving of natural persons out from the
RT to other countries;
re-emigrants - natural persons returning to their homeland after spending spent
some time in emigration;
-
emigrants - natural persons being in emigration;
ecological migrants - people forced to leave their houses because of ecological
disasters;
Article 2. Basic principles of the regulation of
migration
Migration is based on the following principles:
ensuring of human right for the free choice of place of residence, freedom of
labor, free choice of activity or profession, freedom for exit, freedom of movement;
inadmissibility of any discrimination in regards to origin, social, official or
property status, sex, race, nationality, language, religion, political credo, education,
social or material status;
participation of relevant state organs in the organization of the work on
regulating migration processes;
personal participation of migrants in getting settled on the new place of
residence, with addressed support of the government of the initiatives and
independent activity of each person, first of all of resettlers from zones of ecological
and natural disasters;
to prohibit deportation or forced return of migrants to the countries they have
come from;
-
cooperation with other countries.
Article 3. Legislation of the RT about migration
Legislation of the RT is based on the Constitution of the RT and consists of this law,
of other laws of the RT and other international treaties, recognized by the RT
Article 4. Migration Subjects
Persons legally arriving from other states into the Republic of Tajikistan for
permanent residence on the period of over six months shall acquire the status of
immigrants.
Persons legally going out of the Republic of Tajikistan to other states for permanent
residence on a period of over six months shall acquire the status of emigrants (except
of employees of Embassies and Representation of the Republic of Tajikistan to
foreign countries, as well as persons temporarily working abroad, servicemen on a
peace-making or peace-keeping mission, persons taking medical treatment, students,
tourists or persons being on a business trip).
Persons forcedly resettled within the Republic of Tajikistan for a period of over six
months shall acquire the status of internal migrants.
A person, committed crime against world, against humanity can not be recognized as
immigrant or re-emigrant.
Article 5. Order of implementation of internal
migration and ecological migrants.
The Government of the RT determines the order of implementation of internal
migration and ecological migrants.
Article 6. The authorized organ on the management
of migration processes in the RT.
The state organ authorized by the Government of the RT (further-authorized organ)
carries out the management of migration processes in the RT.
The Government of the RT approves regulations about authorized organ.
Article 7. Authorities of the authorized organ.
The authorized organ has the following authorities:
1. To coordinate the work on migration processes in the RT;
2. To issue foreigners and stateless persons relevant permission(licenses) for the
labor activity;
3. To analyze and make prognoses about migration processes in the country and
to inform the Government of the RT and other local organs of executive power
about them.
4. To submit proposals on forming of migration quota for the consideration of
the Government of the RT;
5. To organize resettlement, reception and settling down of repatriates, reemigrants and forced migrants within the limits of approved quota;
6. To implement registration of arrived repatriates, re-emigrants and forced
migrants;
7. To accept written applications of persons, wishing to receive political asylum
in the RT and process necessary documents.
The authorized organ implements other powers, determined by this Law and other
laws of the RT.
Article 8. Sending of migrant worker to work abroad
The state facilitates, that migrant workers - citizens of the Republic of Tajikistan
should be sent in an organized manner and according to their agreement only to those
countries, where their rights is defended.
The guarantee for the defense of migrant workers’ rights abroad may be the following
cases:
the existence of labor and social legislature with the purpose of defending the
rights of migrant workers in a state where they work
the participation of state of the place of work in international agreements,
declaration and resolutions, which have a connection with the defense of migrant
workers’ rights
the existence of bilateral or multilateral agreements with the state of the place of
work with the Republic of Tajikistan on concerning the defense of migrant workers’
rights by the state of the place of work.
Article 8(1). Order of sending and attracting the
manpower
The accomplishment of activities on providing citizens of the Republic of Tajikistan
with the place of work abroad by the management subjects of the Republic of
Tajikistan and attracting foreign manpower to the Republic of Tajikistan on the basis
of license given by the plenipotentiary officials of the Republic of Tajikistan is hold
according to the arranged order of the Government of the Republic of Tajikistan.
Article 8(2). The order of migrant workers’ travel.
Citizens of the Republic of Tajikistan, who go abroad for doing a paid work, must
have a labor contract signed by employer, passport for traveling abroad, which is
legalized according to the arranged order of home affairs’ officials and in necessary
case, should have a visa of diplomatic representatives or consular office of state
employer.
Order of attracting the migrant workers, age requirements and other requirements to
them is arranged according to the laws of state of the place of work and international
agreements of the Republic of Tajikistan.
Migrant workers come to work in the Republic of Tajikistan according to the visa
arranged by diplomatic representatives or consular offices of the Republic of
Tajikistan.
In case of presenting the documents, certifying the reasons of not using it (illness,
emergency cases and other reasons) and preserving the place of work, the visa is
prolonged according to the labor contract signed between employer and
plenipotentiary officials of the Republic of Tajikistan. The order of prolongation of
visa is determined by the Ministry of foreign affairs of the Republic of Tajikistan.
According to the arranged order of home affairs’ office migrant workers came to the
Republic of Tajikistan should be registered in the temporary place of residence on the
basis of written presentation of plenipotentiary offices.
Migrant workers and members of their family have a right to leave and come back to
the Republic of Tajikistan freely.
When the date of labor agreements is expired, migrant workers and members of their
families are obliged to leave the state of the place of work.
Article 8(3). Labor agreement
Labor relation between migrant workers and employer should be legalized by means
of labor agreement and should comprise the following information:
the duration of it’s activity, character and the place of paid work, the condition
of labor and the order of giving a salary, including the night-time, working in restdays and holidays;
the measure of bonuses, additional payments and preserving a certain amount of
money out of salary;
rights, obligation and responsibilities of both side, the order and condition of
cancel and prolongation of labor agreements;
the organization of changing the place, provision with foods, residence, medical
service for migrant workers and members of their family;
-
order and conditions of social insurance of migrant worker;
order of compensating the damages caused to the health of migrant worker
during his activities paid work and other social guarantees.
The employer of the Republic of Tajikistan is obliged to register the signed labor
agreement in the regional office for migration.
A copy of labor agreement should be given to migrant worker before his depart for
the state of the place of work .
Article 9. The arrangement of quotas for foreign
migration and attraction of foreign manpower.
Quotas of foreign migration and attraction of foreign manpower for the Republic of
Tajikistan for the period of every calendar year is arranged by the President of the
Republic of Tajikistan according to the offer of Government of the Republic of
Tajikistan.
Article 9(1). Statistical account and information
about migration
In order to appraise the condition of labor migration abroad and migration itself, the
state statistical account is arranged.
Along with the concerned state offices the plenipotentiary office have a free of charge
exchange of account documents and other information necessary for implementing
their activity.
The plenipotentiary office provides the publication of statistical accounts and
information materials about the condition of labor migration abroad and migration,
demand and supply of labor migration abroad, the possibilities of providing with
work, measures of choosing professions and crafts.
Article 9(2). The transfer of monetary funds
According to the legislature of the Republic of Tajikistan and international
agreements of the Republic of Tajikistan, those migrant workers, who are busy with
the paid work within the territory of the Republic of Tajikistan can transfer their
earned and surplus money to the territory of a state left by them.
Article 10. Rights and Obligations of Immigrants
A person recognized as immigrant and received a residential permit enjoys in the
Republic of Tajikistan all rights and freedoms, and also equally with the citizens of
the Republic of Tajikistan, undertakes all obligations stipulated by laws or
international treaties of the Republic of Tajikistan.
Article 11. Persons without Immigrant’s Status
The immigrant’s status shall not be provided to foreigners and stateless persons
staying in the Republic of Tajikistan, if they are:
on military service in military units located on the territory of the Republic of
Tajikistan;
-
members of diplomatic missions or international organizations;
-
on study or on practical training of the Republic of Tajikistan;
-
implement their labor activity in accordance with international treaties;
tourists, people on business trip, temporary labor migrants (including sportsmen,
sport teams, actors), passing by transit, tradesmen, depositors-investors;
representatives of foreign media, radio or television accredited to the Republic
of Tajikistan;
implement their professional activity in religious associations, officially
registered in the Republic of Tajikistan;
-
have come to the Republic of Tajikistan on a charity or humanitarian mission;
-
crewmembers of sea and river ships, of air, railway and automobile transport.
The legal status of people indicated in part 1 of this article shall be determined by the
legislation of the Republic of Tajikistan and by international treaties of the Republic
of Tajikistan.
Article 12. Procedure for applying and consideration
of applications of a person about recognizing him
immigrant, re-settler.
Application for being recognized immigrant, re-settlers is submitted personally or
through an authorized representative, to the Diplomatic mission of the Republic of
Tajikistan abroad or to the authorized organ.
The authorized organ shall consider the application about recognition a person as
immigrant, re-settler and takes a decision on it in accordance with the fixed
immigration quota within two months from the date of registration of the application.
If a person is officially recognized as immigrant, re-settler, organs of internal affairs
shall issue him or her a document of the established pattern - residential permit in the
Republic of Tajikistan in 15-days period after application.
The document identifying the immigrant’s residential permit shall provide a basis for
his or her employment and registration in the organs of internal affairs, and - in cases
stipulated in the legislation and in other normative legal acts - shall enable the
immigrant to receive allowances and other kinds of support.
The authorized organ and its relevant regional structures are obliged to familiarize a
person received the immigrant’s status with his or her rights and duties ensuing from
this Law, set up conditions for realization of them and take control over their
implementation.
Article 13. Rights and duties of persons applying for
being recognized as immigrants and re-settlers.
After registration of the application about recognition as an immigrant or re-settler,
the person, who has submitted the application and is staying on the territory of the
RT, receives an assignment to the temporary place of residence of immigrants and resettlers, as well as to the place chosen on his own, but obligatorily coordinated with
the relevant service-body of the authorized organ.
Until the issue about being recognized as an immigrant or a re-settler is decided, the
person who has submitted an application and is staying on the territory of the RT,
during the period of application consideration, enjoys rights and undertakes
responsibilities, stipulated by laws of the RT for foreigners and stateless persons.
In the time of refusal to be recognized as an immigrant or a re-settler, the applied
person is delivered a written notification in 30-days period from the time of taking
decision. If the indicated person is outside the RT, then the written notification is sent
to him with the indication of reasons, and with the right to appeal the accepted
decision.
Decisions about refusal in recognition of a person as an immigrant or re-settler, may
be appealed in the higher authorized organs or in the legal form during one month
after receiving the written notification. After taking the legal effect, the decision about
refusal in recognition of a person as an immigrant or re-settler is also sent to the
relevant organ of Inferior with the purpose to arrange the departure of a person, who
has received the refusal, from the territory of the RT.
Article 14. Rights and duties of people applied for
being recognized as repatriates, forced migrants and
re-emigrants.
Until the issue about being recognized as a repatriate, forced migrant or re-emigrant is
decided, the person who has submitted an application and is staying on the territory of
the RT, during the period of application consideration, enjoys rights and undertakes
responsibilities, stipulated by laws of the RT for foreigners and stateless persons.
For persons applied for being recognized as repatriates, forced migrants or reemigrants, conditions for living in places of temporary residence of migrants and the
order of payment of expenses for public utilities, medical assistance, providing of
other facilities and compensations is determined by the Government of the RT.
A person applied for being recognized as a repatriate, forced migrant or a re-emigrant
and staying on the territory of the RT is obliged:
after receiving a warrant to the temporary place of migrants, he should go there
within the period of one month, and if the place of residence has been chosen on his
own, it is necessary to agree it with the relevant department of the authorized organ on
the management of migration processes;
to observe the established order for living in the place of temporary residence of
migrants;
to undergo the medical examination upon the demand of health-care organs, to
receive vaccination, treatment and to carry out prescriptions of health-care organs;
to submit information necessary for the consideration of the mentioned
application to the relevant departments of the authorized organ on migration process
management.
Article 15. Order for recognizing people as
repatriates, forced migrants or re-emigrants.
Decision about recognition of a person as repatriate, forced migrant or re-emigrant
shall be made by relevant territorial branches of the authorized organ within 30 days
from the day of registration of application about being recognized as a repatriate,
forced migrant or re-emigrant.
A person recognized as repatriate, forced migrant or re-emigrant is given a relevant
certificate.
In the time of refusal to be recognized as a repatriate, forced migrant or re-emigrant,
the applied person is delivered a written notification within 30 days after the decision
is made. If the indicated person is outside the RT, then a written notification is sent to
him with the indication of reasons of refusal and wth a right to appeal the accepted
decision.
Decisions about refusal in recognition of a person as a repatriate, forced migrant or reemigrant may be appealed in the higher authorized organs or in the legal form during
one month after receiving the written notification.
After taking the legal effect, the decision about refusal in recognition of a person as a
repatriate, forced migrant or re-emigrant is also sent to the relevant organ of Inferior
with the purpose to arrange the departure of a person, who has received the refusal,
from the territory of the RT.
Article 16. Family Immigration
The following people are considered to be members of immigrant’s family: his or her
spouse, their parents and dependent children, including adopted children, as well as
under-age brothers and sisters who have no parents or guardians, and also other
disabled relatives dependant on him and whom he had to support at the former place
of residence.
Moving of children under 18 into the RT is decided by the consent of their parents
and foster parents (trustees or guardians). At the same time for children in the age of
14 till 18, their consent certified in the notary office should be submitted.
Article 17. The collective (group) immigration.
The group immigration is implemented in accordance with the resolution of the
government of the RT about organized re-settlement of people express their wish to
return in an organized order to their historical motherland.
Article 18. The order of entrance of immigrants to the
republic of Tajikistan.
The order of registration of entrance of immigrants to the territory of the RT is
determined by the government of the RT.
Article 19. Reasons for refusal to enter the RT to
foreigners or stateless persons.
The entrance to the republic of Tajikistan may be prohibited to a foreigner or to a
stateless person in the following cases:
1.
2.
3.
4.
If he had committed a crime against peace and security of the humanity.
If he kindles inter-state and international enmity;
If he consciously speaks against sovereignty and independence of the RT;
If he was convicted for terrorist activity or has convictions for previously
committed grave or especially grave crime.
5. If he in the time of submitting application about entrance gave false
information about himself or has not presented necessary documents
6. If he has been previously deported from the RT
7. If in time of his previous staying in the RT there were revealed facts of
infringements of law and normative-legal acts of the RT by him;
8. If it is necessary for the protection of rights and legal interests of the citizens
of the RT.
Article 20. Documents for the right of permanent
residence of foreigners and stateless citizens in the
RT.
Organs of Interior provide the residential permit (document) of foreign citizenship in
the RT to foreigners and stateless persons, who have received the permission of the
authorized organ for the permanent residence in the RT and to stateless persons - a
certificate of a stateless person. Samples of this document are determined by the
Government of the RT.
Article 21. Reasons for the refusal in giving the
residential permit in the RT and certificate of a
stateless person.
It may be refused to give the residential permit in the RT and certificate of a stateless
person to the following people:
1. illegal immigrants,
2. people released from prisons, whose permanent place of residence before
committing a crime was outside the RT
3. to persons committed a crime against humanity
4. to persons having a disease which may cause the epidemics on the territory of
the RT
5. to people, who have infringed the legislation about legal status of foreigners in
the RT on the grounds of motivated resolution of the authorized organ, organs
of Interior and the Ministry of Security of the RT in the order fixed by the
Government of the RT.
Refusal in giving residential permit for a foreigner and a certificate of a stateless
person may be appealed in the higher authorized organ or in the court.
Article 22. Non-repatriates.
The status of repatriate is given to the category of persons of native nationality, who
have become victims of mass political repression as well as to their relatives and
descendants.
The following people are considered relatives and descendants of repatriates:
-
children (including adopted ones), spouse of the repatriate;
-
brothers and sisters of the repatriate
-
grandchildren and great-grandchildren of the repatriate
families established by adult children, grandchildren and great grand children of
the repatriate.
The resolution about recognition of a person as a repatriate is accepted by the
authorized organ during 30 days after the day of registration of the application about
recognizing a person as a repatriate.
Article 23. Privileges and compensations provided to
repatriates.
The state creates privileged conditions for repatriation of natural persons to their
historical motherland, their settlement, adaptation and provides:
1. free-of-charge trip and delivery of the property to the temporary place of
residence of migrants, or to the permanent place of residence;
2. state protection of transference of money to the RT and right of inheritance;
3. rendering assistance in placing in a job, receiving an alliance on
unemployment in the case of being impossible to get a job, independently of
the time of living;
4. paying of pensions and alliances in accordance with the laws of the RT;
5. paying of one-time alliances, giving of land and privileged long-term loans for
the construction of housing and establishment of holdings in the order
determined by the Government of the RT;
6. providing of other privileges in accordance with the laws of Tajikistan.
Article 24. The order of registration and financing of
the departure of emigrants.
The order of registration of the emigrants’ departure is determined by the Government
of the RT.
Financing of expenses connected with the departure of citizens from the RT to other
states for the permanent place of residence is implemented on the account of own
means of emigrants, and it may also be implemented from other sources if it does not
contradict laws of the RT.
Citizens of the RT going out from the RT to other states for the permanent place of
residence have right to take out their property belonging them and members of their
families on the right f ownership in accordance with the legislation of the RT.
Taking subjects presenting the cultural, historical or other value for the state out of the
RT is regulated by relevant legislation of the RT and by international treaties.
Article 25. Reasons for refusal in departure from the
RT.
The citizen of the RT may be prohibited to leave the RT in the case if he:
1. owns information being state or other secret protected by law;
2. apprehended on suspicion in the committing of crime or is called to
responsibility as accused, up to the moment of pronouncement of the
resolution on this case or until sentence of the court comes into legal effect;
3. convinced for committing a crime - until serving the punishment;
4. is on a military service for a fixed period - until completion of this service;
5. provided wittingly false information about of himself in the time of
registration of documents for the departure from the RT until the resolution of
this issue, but not more than one month by organ registrating such documents.
6. inclines of fulfillment of duties lied upon him by court - until fulfilling these
duties;
7. if a civil suit is prosecuted against him - until completion of proceedings.
Article 26. Responsibility for illegal entrance of
foreigners and stateless citizens into the territory of
the RT and illegal exit out of the RT.
Responsibility for illegal entrance of foreigners and stateless citizens on the territory
of the RT or for illegal exit of the citizens of the RT out of the RT is determined by
the legislation of the RT.
Article 27. Responsibility for the infringement of this
law.
For the infringement of this law the accused persons are called to the responsibility in
accordance with the legislation of the RT.
The President of the Republic of Tajikistan E. Rahmonov.
Dushanbe, December, 11 1999 #881