Law of the Republic of Tajikistan “On the legal status of foreign citizens in the Republic of Tajikistan”

I. GENERAL PROVISIONS

Article 1. Foreign citizens in the Republic of Tajikistan

Foreign citizens in the Republic of Tajikistan are persons who are not citizens of the Republic of Tajikistan and who have a document confirming their citizenship of another state.

In accordance with the Constitution of the Republic of Tajikistan, foreign citizens in the Republic of Tajikistan are guaranteed the corresponding rights and freedoms.

Article 2. Legislation on 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 consists of this Law and other legislative acts of the Republic of Tajikistan which, in accordance with the Constitution of the Republic of Tajikistan, determine the legal status of foreign citizens in the Republic of Tajikistan.

The legal status of foreign citizens in the Republic of Tajikistan is also determined on the basis of international treaties of the Republic of Tajikistan.

Article 3. Principles of the legal status of foreign citizens in the Republic of Tajikistan

Foreign citizens in the Republic of Tajikistan enjoy the same rights and freedoms and bear the same duties as citizens of the Republic of Tajikistan, unless otherwise follows from the Constitution of the Republic of Tajikistan, this Law and other legislation of the Republic of Tajikistan.

Foreign citizens in the Republic of Tajikistan are equal before the Law, regardless of origin, social and property status, racial and national affiliation, sex, education, language, attitude to religion, type and nature of occupation, and other circumstances.

In respect of citizens of states where the rights and freedoms of citizens of the Republic of Tajikistan are deliberately restricted, the Republic of Tajikistan establishes corresponding restrictions.

The use by foreign citizens in the Republic of Tajikistan of rights and freedoms must not harm the interests of the republic, or the rights and legitimate interests of citizens of the Republic of Tajikistan and other persons.

Article 4. Duty to respect the Constitution and to observe the laws of the Republic of Tajikistan

The exercise of the rights and freedoms granted in the Republic of Tajikistan to foreign citizens is inseparable from the fulfilment by them of the duties established by the legislation of the republic.

Foreign citizens present in the Republic of Tajikistan are obliged to respect the Constitution of the Republic of Tajikistan and to observe the laws of the republic, and to treat with respect the traditions and customs of the peoples living in the territory of the Republic of Tajikistan.

Article 5. Foreign citizens permanently or temporarily residing in the Republic of Tajikistan

Foreign citizens who have obtained permission therefor, executed by a residence permit issued by the bodies of internal affairs, are recognized as permanently residing in the Republic of Tajikistan.

The rules for the issuance and granting of a residence permit and the specimen of the residence permit form are approved by the Government of the Republic of Tajikistan.

Foreign citizens present in the Republic of Tajikistan on other lawful grounds are considered to be temporarily residing. They are obliged, in the established procedure, within 3 days from the date of entry, to register their foreign passports or documents replacing them and, upon expiry of the specified period of stay, to leave the Republic of Tajikistan.

The rules of registration and the specimen of the registration form are approved by the Government of the Republic of Tajikistan. (Law of the Republic of Tajikistan of 26.03.09, No. 500).

Article 6. Granting of asylum

The Republic of Tajikistan may grant political asylum to foreign citizens who have become victims of a violation of human rights.

Political asylum is granted by the President of the Republic of Tajikistan.

II. BASIC RIGHTS, FREEDOMS AND DUTIES OF FOREIGN CITIZENS IN THE REPUBLIC OF TAJIKISTAN

Article 7. Labour activity

Foreign citizens permanently residing in the Republic of Tajikistan may work as workers and employees at enterprises, institutions and organizations or engage in other labour activity on the grounds and in the manner established for citizens of the Republic of Tajikistan.

Foreign citizens temporarily residing in the Republic of Tajikistan may engage in labour activity in the Republic of Tajikistan provided that it is compatible with the purposes of their stay in the Republic of Tajikistan.

Foreign citizens may not be appointed to certain positions or engage in certain labour activity if, in accordance with the legislation of the Republic of Tajikistan, appointment to those positions or engagement in such activity is connected with citizenship of the Republic of Tajikistan.

Foreign citizens enjoy rights and bear duties in labour relations on an equal basis with citizens of the Republic of Tajikistan.

Labour activity of foreign citizens in the Republic of Tajikistan is carried out on the basis of permits issued by the authorized state body for migration of the Ministry of Internal Affairs of the Republic of Tajikistan. (Law of the Republic of Tajikistan of 26.03.09, No. 500).

The rules for the issuance of work permits for foreign citizens to engage in labour activity in the Republic of Tajikistan and the specimens of their forms are approved by the Government of the Republic of Tajikistan. (Law of the Republic of Tajikistan of 26.03.09, No. 500).

Article 8. Rest

Foreign citizens present in the Republic of Tajikistan have the right to rest on the same grounds as citizens of the Republic of Tajikistan.

Article 9. Health protection

Foreign citizens present in the Republic of Tajikistan have the right to health protection.

Foreign citizens permanently residing in the Republic of Tajikistan enjoy medical care on an equal basis with citizens of the Republic of Tajikistan.

Medical care is provided to foreign citizens temporarily staying in the Republic of Tajikistan in the manner established by the Ministry of Health of the Republic of Tajikistan.

Foreign citizens permanently residing in the Republic of Tajikistan have the right to receive benefits, a pension and other forms of social security on the same grounds as citizens of the Republic of Tajikistan.

Foreign citizens temporarily staying in the Republic of Tajikistan have the right to receive benefits and other forms of social security on the grounds and in the manner established by the legislation of the Republic of Tajikistan.

In cases where a certain length of service is required for the award of a pension, work abroad may be counted towards that length of service for foreign citizens on the grounds and in the manner established by the legislation of the Republic of Tajikistan.

Article 11. Provision of housing

Foreign citizens permanently residing in the Republic of Tajikistan have the right, on the grounds and in the manner established for citizens of the Republic of Tajikistan, to obtain for use a dwelling in houses of the state and public housing stock and of housing-construction cooperatives, and to have a house or an apartment in personal ownership.

Article 12. Property rights and personal non-property rights

Foreign citizens in the Republic of Tajikistan may have property in personal ownership, inherit and bequeath property, have the rights of an author of a scientific work, a work of literature and art, a discovery, an invention, an industrial design, as well as other property and non-property rights, unless otherwise provided by the legislation of the Republic of Tajikistan.

Article 13. Obtaining an education

Foreign citizens in the Republic of Tajikistan have the right to obtain an education on an equal basis with citizens of the Republic of Tajikistan in accordance with the procedure established by the legislation of the Republic of Tajikistan.

Foreign citizens admitted to educational institutions have the rights and bear the duties of pupils and students in accordance with the legislation of the Republic of Tajikistan, unless otherwise provided by the legislation in force of the republic.

Article 14. Use of cultural achievements

Foreign citizens in the Republic of Tajikistan have the right to use cultural achievements on an equal basis with citizens of the Republic of Tajikistan.

Foreign citizens in the Republic of Tajikistan are obliged to treat with care monuments of history and culture and other cultural values.

Article 15. Participation in public organizations

Foreign citizens permanently residing in the Republic of Tajikistan have the right, on the same grounds as citizens of the Republic of Tajikistan, to join trade unions, cooperative organizations, scientific, cultural and sports societies and other organizations, except political parties, if this does not contradict the charters (regulations) of those organizations and the legislation of the Republic of Tajikistan.

Article 16. Freedom of conscience

Foreign citizens present in the Republic of Tajikistan are guaranteed freedom of conscience on an equal basis with citizens of the Republic of Tajikistan.

Incitement of hostility and hatred in connection with religious beliefs is prohibited.

Article 17. Marital and family relations

Foreign citizens in the Republic of Tajikistan may conclude and dissolve marriages with citizens of the Republic of Tajikistan and other persons in accordance with the legislation of the Republic of Tajikistan and international treaties.

Foreign citizens in the Republic of Tajikistan enjoy rights and bear duties in marital and family relations on an equal basis with citizens of the Republic of Tajikistan.

Article 18. Inviolability of the person and of the home

Foreign citizens are guaranteed, in accordance with the legislation of the Republic of Tajikistan, inviolability of the person and inviolability of the home in the republic, and other personal rights.

Article 19. Movement in the territory of the Republic of Tajikistan and choice of place of residence

Foreign citizens may move in the territory of the Republic of Tajikistan and choose a place of residence in the Republic of Tajikistan in accordance with the procedure established by the legislation of the Republic of Tajikistan. Restrictions on movement and on the choice of place of residence are permitted when this is necessary to ensure national security, the protection of public order, the health and morals of the population, and the protection of the rights and legitimate interests of citizens of the Republic of Tajikistan and other persons.

Article 20. Taxes and fees

Foreign citizens are taxed in the Republic of Tajikistan on the same grounds as citizens of the Republic of Tajikistan, unless otherwise provided by the legislation of the Republic of Tajikistan.

Article 21. Protection of the rights of foreign citizens

Foreign citizens in the Republic of Tajikistan have the right to apply to a court and to other state bodies for the protection of their personal property, family and other rights.

Foreign citizens enjoy procedural rights in court on an equal basis with citizens of the Republic of Tajikistan.

Article 22. Relation to electoral rights

Foreign citizens in the Republic of Tajikistan may not elect or be elected to legislative bodies or be appointed to executive bodies of power, or take part in nationwide votes (referendums).

Article 23. Relation to military service

Foreign citizens do not bear the duty of military service in the ranks of the Armed Forces of the Republic of Tajikistan.

III. ENTRY INTO THE REPUBLIC OF TAJIKISTAN AND EXIT FROM THE REPUBLIC OF TAJIKISTAN OF FOREIGN CITIZENS

Article 24. Entry into the Republic of Tajikistan

Foreign citizens may enter the Republic of Tajikistan on foreign passports or documents replacing them if they have entry visas issued by the Ministry of Foreign Affairs of the Republic of Tajikistan, diplomatic missions or consular institutions of the Republic of Tajikistan abroad, unless a different procedure is provided by an international agreement of the Republic of Tajikistan. (Law of the Republic of Tajikistan of 26.03.09, No. 500).

Entry into the Republic of Tajikistan may not be permitted to a foreign citizen:

1) in the interests of ensuring national security or the protection of public order;

2) if this is necessary for the protection of the rights and legitimate interests of citizens of the Republic of Tajikistan and other persons;

3) if during a previous stay in the Republic of Tajikistan facts were established of his violation of the legislation on the legal status of foreign citizens in the Republic of Tajikistan, or of the customs, currency or other legislation of the republic;

4) if when submitting an application for entry he provided false information about himself or did not submit the necessary documents;

5) on other grounds established by the legislation of the Republic of Tajikistan.

Article 25. Exit from the Republic of Tajikistan

Foreign citizens leave the Republic of Tajikistan on foreign passports or documents replacing them if they have exit visas issued by the Ministry of Foreign Affairs of the Republic of Tajikistan, unless a different procedure is established by an international agreement of the Republic of Tajikistan. (Law of the Republic of Tajikistan of 26.03.09, No. 500).

Upon exit from the Republic of Tajikistan of stateless persons, the document replacing a foreign passport is a stateless person’s identity document issued by the bodies of internal affairs. The rules for the issuance and granting of a stateless person’s identity document and the specimen of its form are approved by the Government of the Republic of Tajikistan. (Law of the Republic of Tajikistan of 26.03.09, No. 500).

Exit from the Republic of Tajikistan is not permitted to a foreign citizen:

1) if there are grounds for bringing him to criminal responsibility — until the completion of proceedings in the case;

2) if he has been convicted of a crime — until he has served the sentence imposed or been released from punishment;

3) (if his exit is contrary to the interests) of ensuring national security — until the circumstances preventing exit cease to apply

4) if there are other grounds established by the legislation of the Republic of Tajikistan that prevent exit.

Exit from the Republic of Tajikistan of a foreign citizen may be postponed until he has fulfilled property obligations with which the public interests of citizens of the Republic of Tajikistan and other persons, and of state, cooperative or other public organizations, are connected.

Article 26. Transit passage

Foreign citizens travelling in transit through the territory of the Republic of Tajikistan proceed, in compliance with the rules of transit passage, to the border checkpoint of exit from the Republic of Tajikistan along the established route and may stop in the territory of the Republic of Tajikistan if they have a transit visa issued by the Ministry of Internal Affairs and the Ministry of Foreign Affairs.

Article 27. Establishment of the rules of entry into the Republic of Tajikistan, exit from the Republic of Tajikistan, and transit passage through the territory of the Republic of Tajikistan

The rules of entry of foreign citizens into the Republic of Tajikistan, their exit from the Republic of Tajikistan and transit passage through the territory of the Republic of Tajikistan are established by this Law and by the Government of the Republic of Tajikistan.

IV. LIABILITY OF FOREIGN CITIZENS, REDUCTION OF THE PERIOD OF STAY, EXPULSION

Article 28. Grounds of liability for offences

Foreign citizens who have committed crimes, administrative or other offences in the territory of the Republic of Tajikistan are subject to liability on the same grounds as citizens of the Republic of Tajikistan.

Article 29. Liability for violation of the rules of stay in the Republic of Tajikistan and of transit passage through the territory of the Republic of Tajikistan

For violations by foreign citizens of the rules of stay in the Republic of Tajikistan, that is, residence without documents conferring the right of residence in the Republic of Tajikistan or residence on invalid documents, failure to observe the established procedure for registration or propiska, or for movement and choice of place of residence, evasion of departure upon expiry of the specified period of their stay, as well as for failure to observe the rules of transit passage through the territory of the Republic of Tajikistan, measures of an administrative and criminal nature may be applied to them.

Article 30. Reduction of the period of stay in the Republic of Tajikistan

The specified period of stay in the Republic of Tajikistan of a foreign citizen who violates the legislation on the legal status of foreign citizens in the Republic of Tajikistan and other legislative acts of the Republic of Tajikistan may be reduced.

The period of stay of a foreign citizen in the Republic of Tajikistan may also be reduced in cases where the grounds for his further stay have ceased to exist.

The decision to reduce the period of stay is taken by the bodies of internal affairs.

Article 31. Expulsion from the Republic of Tajikistan

A foreign citizen may be expelled from the Republic of Tajikistan:

1) if his actions are contrary to the interests of ensuring national security or the protection of public order;

2) if this is necessary for the protection of the health and morals of the population, and the protection of the rights and legitimate interests of citizens of the Republic of Tajikistan;

3) if he has grossly violated the legislation on the legal status of foreign citizens in the Republic of Tajikistan, or the customs, currency or other legislation of the republic.

The decision on expulsion is taken by the State Committee for National Security of the republic with the consent of the Prosecutor General of the republic; if the person to be expelled does not apply to a court concerning the lawfulness of that decision within one week after the decision on expulsion is taken, it is enforced. The court decision is taken in the procedure established for citizens of the Republic of Tajikistan. (Law of the Republic of Tajikistan of 26.03.09, No. 500).

The Ministry of Justice of the Republic of Tajikistan, not later than a month before the end of the term of punishment of a convicted foreign citizen subject to expulsion from the Republic of Tajikistan, informs the territorial bodies for migration, internal affairs and security at the location of the institution or body executing the criminal punishment of his forthcoming release.

V. FINAL PROVISIONS

Article 32. Effect of the Law in respect of stateless persons

The provisions of this Law apply to stateless persons in the Republic of Tajikistan, unless otherwise follows from the legislation of the Republic of Tajikistan.

Article 33. Privileges and immunities of heads and staff of missions of foreign states and other persons

The provisions of this Law do not affect the privileges and immunities of heads and staff of diplomatic and consular missions and of foreign persons equivalent to them that are established by the legislation of the Republic of Tajikistan and by international treaties of the Republic of Tajikistan.

Article 34. Employees of foreign missions

The presence in the Republic of Tajikistan of diplomatic missions and consular institutions of foreign states, as well as of members of their families, is regulated by international treaties and other acts of international law.

President of the Republic of Tajikistan E. Rakhmonov

Dushanbe, 1 February 1996

No. 230

RESOLUTION

OF THE MAJLISI OLI OF THE REPUBLIC OF TAJIKISTAN

“ON THE PROCEDURE FOR THE ENTRY INTO FORCE OF THE LAW OF THE REPUBLIC OF TAJIKISTAN

“ON THE LEGAL STATUS OF FOREIGN CITIZENS”

The Majlisi Oli of the Republic of Tajikistan resolves:

1. To put this Law into effect from the moment of its publication.

2. The Government of the Republic of Tajikistan shall, within one month, submit to the Majlisi Oli of the Republic of Tajikistan a proposal on bringing the legislation in force into conformity with this Law.

3. To instruct the Ministry of Foreign Affairs of the Republic of Tajikistan to bring the adoption of this Law to the attention of the United Nations.

Chairman of the Majlisi Oli of the Republic of Tajikistan S. Rajabov

Dushanbe, 1 February 1996
No. 231

(Akhbori Majlisi Oli of the Republic of Tajikistan, 1996, No. 3, Art. 55; 1997, No. 9, Art. 117; 1998, No. 10, Art. 119; 2001, No. 7, Art. 475; 2003, No. 8, Art. 452; 2009, No. 3, Art. 93)