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official transaltion REPUBLIC OF LITHUANIA Law on declaration of the place of residence 2 July 1998 No VIII-840 (As last

official transaltion REPUBLIC OF LITHUANIA Law on declaration of the place of residence 2 July 1998 No VIII-840 (As last amended on 7 December 2006 – No X-961) Vilnius CHAPTER ONE GENERAL PROVISIONS A

paragraph 6 until 1 July 2007: 6. Controller of the data of declaration of the place of residence – an institution authorised by the Government of the Republic of Lithuania that processes the data of declaration and establishes the rules and measures for processing the data of declaration.

paragraph 6 after 1 July 2007:

  1. Controller of the data of declaration of the place of residence – an institution authorised by the Government of the Republic of Lithuania that ensures keeping a record of the data of declaration and establishes the objectives and measures for processing the data of declaration.
  2. User of the data of declaration of the place of residence shall mean any natural or legal person to whom the data of declaration is provided.
  3. Persons who do not have a place of residence shall mean the persons who do not possess residential premises or who, due to objective reasons, cannot declare their place of residence in accordance with the procedure prescribed by this Law. CHAPTER TWO DECLARATION OF THE PLACE OF RESIDENCE Article
  4. Entities of Declaration
  5. The following persons must declare their place of residence: 1) citizens of the Republic of Lithuania who have come to live in the Republic of Lithuania for a period longer than 183 days per year, those who are changing their place of residence in the Republic of Lithuania or those who are leaving the Republic of Lithuania for a period longer than 6 months; 2) citizens of a European Union Member State or an EFTA Member State who have come to live in the Republic of Lithuania for a period longer than 3 months in half a year and who have acquired the right to reside in the Republic of Lithuania in accordance with the procedure established in the Republic of Lithuania Law on the Legal Status of Aliens, those who are changing their place of residence in the Republic of Lithuania or those who are leaving the Republic of Lithuania for a period longer than 6 months; 3) citizens of a foreign state other than a European Union Member State or an EFTA Member State who have a residence permit in the Republic of Lithuania and stateless persons who have come to live in the Republic of Lithuania, those who are changing their place of residence in the Republic of Lithuania or those leaving the Republic of Lithuania for a period longer than 6 months.
  6. The place of residence of minors shall be declared by their parents, adoptive parents, guardians or any other persons who, under laws or any other legal acts, must take care of them, defend their rights and legitimate interests except for the cases specified in paragraphs 3 and 4 of this Article.
  7. Upon reaching full civil capacity, minors shall declare their place of residence by themselves.
  8. Minors who have reached the age of 16 shall declare their place of residence if they do not live with their parents, adoptive parents, guardians or any other legal representatives and the latter have not declared their place of residence.
  9. The place of residence of persons who are placed under guardianship or custody shall be declared by their guardians or custodians, or the administration of health care institutions that have been assigned to act as a guardian or a custodian.
  10. Persons residing in foreign states who have left the Republic of Lithuania for a period shorter than 6 months but have stayed in the foreign state for more than 6 months shall declare about the change in their place of residence through a diplomatic mission or a consular post of the Republic of Lithuania. A declaration of the place of residence submitted by such persons shall be forwarded to a declaration institution.
  11. Persons who do not have a place of residence shall be entered in the records of a municipality in which they reside in accordance with the procedure established by the institution authorised by the Government of the Republic of Lithuania. Persons who do not have a place of residence shall submit to a declaration institution the data specified in subparagraphs 1-6 of paragraph 2 of Article 6 of this Law and indicate in which municipality they reside and from which they have moved there. Article
  12. Exemption from Declaration
  13. The following persons shall be exempt from obligation to declare their place of residence: 1) aliens who are employees of diplomatic and trade missions and consular posts of foreign states and representative offices of international organisations accredited to the Republic of Lithuania (diplomats, administrative, technical and service personnel) and their family members throughout the period of their accreditation; 2) aliens who are representatives of the means of the mass media of foreign states and their family members as well as aliens accredited to state institutions and their family members throughout the period of accreditation.
  14. In the cases specified in international treaties and the laws of the Republic of Lithuania, other persons may also be exempted from the obligation to declare their place of residence. Article
  15. Data of Declaration
  16. The data of declaration is a constituent part of information about residents of the Republic of Lithuania.
  17. When declaring the place of residence the following data shall be submitted: 1) personal code and in case a person does not have a personal code – the date of birth; 2) name (names); 3) surname; 4) previous surname; 5) citizenship; 6) type, series, number, date and place of issuance of the document confirming the identity of a person; 7) address of the place of residence; 8) data about the owner (co-owners) of residential premises (in case of a natural person – his/her name, surname, personal code or the date of birth and the place of residence; in case of a legal person – the name and code of the legal person and the address of the registered office); 9) address of the previous place of residence; 10) the date of arrival to the place of residence; 11) the date of departure from the place of residence (to be specified when leaving the Republic of Lithuania).
  18. The data of declaration must conform to the data of documents confirming them. Article
  19. Declaration Procedure
  20. A resident of the Republic of Lithuania shall declare only one place of residence at a time even if he lived in several places.
  21. The following persons shall not be treated as having changed the place of residence: 1) citizens of the Republic of Lithuania employed in diplomatic missions and consular posts of the Republic of Lithuania and representative offices of international organisations and their family members who left with them for the period of employment in such agencies or organisations; 2) persons fulfilling mandatory military service or alternative national defence service; 3) persons undergoing treatment in stationary health care institutions; 4) pupils and students during the period of studies; 5) persons who serve the imprisonment sentence or those placed in pre-trial detention; 6) seamen.
  22. Persons specified in paragraph 2 of this Article shall declare their place of residence in case where they change it or where their relations with the previous place of residence terminate.
  23. Residents of the Republic of Lithuania who have declared their place of residence and whose residential premises do not change after the change of the number of an apartment (house) or the name of the street, residential area or administrative unit of the territory shall not be obliged to declare their place of residence anew.
  24. When declaring the place of residence, the consent, certified by the signature of the owner (co-owners) of the residential premises or a person authorised by him, that the person can live in the residential premises that belong to the owner (co-owners) shall be submitted to a declaration institution.
  25. A person shall be deemed as having declared the place of residence as of the day of submission of the declaration to a declaration institution.
  26. A controller of the data of declaration of the place of residence shall establish the rules for declaration. Article
  27. Correction, Changing and Removal of the Data of Declaration
  28. The data of declaration shall be corrected, changed and removed if: 1) a person who has declared the place of residence submits to a declaration institution a request to correct, change or remove incorrect data of declaration; 2) the owner (co-owners) of the residential premises submits to a declaration institution a request to correct, change or remove incorrect data of declaration of a person who has declared the residential premises that belong to the owner (co-owners) as his place of residence; 3) the owner (co-owners) of the residential premises submits to a declaration institution a request to change the data of declaration of a person who has declared the residential premises that belong to the owner (co-owners) as his place of residence and later changed it.
  29. A declaration institution shall consider a request to correct, change or remove the data of declaration and adopt a decision concerning their correction, changing and removal.
  30. A declaration institution, using other state registers and classifications, may check the accuracy of the data of declaration and shall have the right to demand a person who has declared the place of residence or the owner (co-owners) of the residential premises to submit the documents confirming or denying the data of declaration.
  31. By decision of a declaration institution, the data of declaration shall be removed if: 1) a residence permit in the Republic of Lithuania issued to an alien is revoked; 2) it is refused to issue or renew a residence permit in the Republic of Lithuania to an alien; 3) the term of validity of a temporary residence permit in the Republic of Lithuania issued to an alien expires; 4) a person looses the citizenship of the Republic of Lithuania, an act on granting the citizenship of the Republic of Lithuania or acquisition of the citizenship of the Republic of Lithuania is recognised as invalid or a decision concerning a person’s citizenship of the Republic of Lithuania is adopted pursuant to paragraph 5 of Article 4 of the Republic of Lithuania Law Implementing the Law on Citizenship (Valstybės Žinios (Official Gazette) No 95-4088, 2002) under which a person shall not be considered a citizen of the Republic of Lithuania if the said person fails to submit, in accordance with the procedure prescribed by legal acts, a request to issue a residence permit in the Republic of Lithuania within 3 months from loosing the citizenship of the Republic of Lithuania, from recognising as invalid of the act on granting the citizenship of the Republic of Lithuania or acquisition of the citizenship of the Republic of Lithuania or from adopting the decision that the person is not considered a citizen of the Republic of Lithuania.
  32. A decision concerning the correction, changing and removal of the data of declaration may be appealed against to a controller of the data of declaration of the place of residence or the court. Article
  33. Right of Information
  34. The owner (co-owners) of the residential premises or a person authorised by him shall have the right to receive from a declaration institution the information about the persons who have declared their place of residence in the residential premises that belong to the owner (co-owners).
  35. A person who has declared his place of residence, the owner (co-owners) of the residential premises or a person authorised by him shall have the right to receive from a declaration institution the information about the correction, changing or removal of incorrect data of declaration.
  36. A refusal to provide the information specified in paragraphs 1 and 2 of this Article may be appealed against to a controller of the data of declaration of the place of residence or the court. Article
  37. Deadline for Declaration
  38. Persons who must declare their place of residence shall declare it within 7 working days from the day of arising of the obligation to declare the place of residence.
  39. Persons leaving Lithuania for a period longer than 6 months shall declare about the change in the place of residence within 7 working days prior to the departure.

Article 11before 1 July 2007: Article 11.

Declaration Institution A declaration institution is an institution authorised by a controller of the data of declaration of the place of residence that keeps, under its instruction, records of the data of declaration and of the persons who do not have a place of residence. A declaration institution shall issue, at the request of a person, a document certifying the place of residence and shall also send to the owner (co-owners) of the residential premises a notification about the persons who have declared their place of residence in the residential premises that belong to the owner (co-owners). At the request of a person who does not have a place of residence, but who is entered in the records in accordance with the procedure established by the institution authorised by the Government of the Republic of Lithuania, a declaration institution shall issue a certificate confirming that this person is entered in the records. The certificate shall specify the municipality in which the person lives.

Article 11after 1 July 2007: Article 11.

Declaration Institution A declaration institution is an institution that keeps records of the data of declaration and of the persons who do not have a place of residence. Municipalities shall perform the function of keeping records of the data of declaration and of the persons who do not have a place of residence. In municipalities where wards are founded, the function of a declaration institution shall be performed by a ward and in municipalities where wards are not founded or in territories of municipalities which are not attributed to wards, the function of a declaration institution shall be performed by another division of the municipal administration. At the request of a person, a declaration institution shall issue a document confirming the place of residence declared by him and in case of a request of a person who does not have a place of residence, but who is entered in the records in accordance with the procedure established by the institution authorised by the Government of the Republic of Lithuania - a certificate confirming that this person is entered in the records of persons who do not have a place of residence. The certificate shall specify the municipality in which the person lives. CHAPTER THREE KEEPING RECORDS, PROCESSING AND USING OF THE DATA OF DECLARATION Article 12. Keeping Records of the Data of Declaration An institution authorised by the Government – a controller of the data of declaration of the place of residence - shall keep records of the data of declaration.

Article 13before 1 July 2007: Article 13.

Processing of the Data of Declaration A controller of the data of declaration of the place of residence shall harmonize the data with other state registers and classifications and shall process them in compliance with the Law on State Registers and the Law on Legal Protection of Personal Data.

Article 13after 1 July 2007: Article 13.

Processing of the Data of Declaration The data of declaration of the place of residence shall be processed in compliance with the Republic of Lithuania Law on Legal Protection of Personal Data, other laws of the Republic of Lithuania and regulatory enactments. Article

  1. Using of the Data of Declaration The data of declaration of the place of residence shall be used in accordance with the procedure prescribed by laws. CHAPTER FOUR LIABILITY Article
  2. Liability of Residents of the Republic of Lithuania Residents of the Republic of Lithuania who must declare their place of residence shall be held liable in accordance with the procedure prescribed by laws for violation of this Law, the procedure for declaration or for submission of false data of declaration. Article
  3. Liability of Controllers of the Data of Declaration and Users of the Data of Declaration Controllers of the data of declaration of the place of residence who have violated the rules for data processing and users of the data of declaration who have violated the procedure for using the data shall be held liable in accordance with the procedure prescribed by laws. CHAPTER FIVE FINAL PROVISIONS Article
  4. Procedure for Entry into Force and Implementation of this Law
  5. This Law shall enter into force as of 1 January
  7. The Republic of Lithuania Law on the Implementation of the Law on Declaration of the Place of Residence shall establish the procedure for the implementation of this Law. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS Republic of Lithuania Annex to the Law on Declaration of the Place of Residence LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 Special edition, Chapter 5, Volume 5, p. 46).

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