TRAVEL DOCUMENTS ACT("Off. Herald of RS", Nos. 90/2007, 116/2008, 104/2009, 76/2010 and 62/2014) |
Article 1
This Act regulates travel documents of citizens of the Republic of Serbia for traveling abroad, defines types of travel documents, and terms of their issuing.
Definition and Purpose of a Travel Document
Article 2
A travel document is a legal instrument with an electronic data carrier, except for a travel certificate which does not contain an electronic data carrier which serves a citizen of the Republic of Serbia to cross the state border, to travel and stay abroad and to return to the country.
A travel document serves to its holder to prove his identity, as well as to prove the citizenship of the Republic of Serbia.
Entitlement to a Travel Document
Article 3
A citizen of the Republic of Serbia is entitled to a travel document under the conditions regulated by this Act.
A citizen of the Republic of Serbia may have only one travel document of a same kind.
A travel document can be used only by a person named as its holder.
Right of a Citizen to Enter the Country without a Travel Document
Article 4
A customs officer in charge of control of state border crossing is obliged to allow entry into the country to a person who does not possess a travel document provided that it has been established, after check-up, that such person is a citizen of the Republic of Serbia.
Article 5
If so stipulated under an international treaty that a travel document is not needed for traveling to certain countries, the Government shall determine which legal instrument shall be used as a substitute for a travel document.
Article 6
The law regulating general administrative procedure is applied to the procedure for issuing legal instruments stipulated under this Act, unless this Act or some other special law regulates otherwise.
What is Considered as Travel Document
Article 7
Travel documents in terms of this Act are: passport, diplomatic passport, official passport, travel certificate, as well as travel legal instruments issued on the basis of an international treaty.
Article 8
A passport is a travel document issued to a citizen of the Republic of Serbia for traveling and staying abroad, as well as for return to the country.
A passport is issued for an unlimited number of travels.
Diplomatic and Official Passport
Article 9
Diplomatic passport and official passport are travel documents issued for an efficient carrying out of state affairs abroad, as defined by international law.
Travel documents mentioned in the paragraph 1 of this Article are valid for unlimited number of travels.
A diplomatic passport and an official passport may also be issued to an immediate family member of the person to whom such a passport has been issued, if living in the same household and traveling or living abroad together with him.
A spouse and a child are considered to be the members of the immediate family, i.e. a person regarded as a child by law.
The issuance of a diplomatic passport and official passport is defined in more detail by a regulation of the Government.
Article 10
A diplomatic passport is issued to the citizens of the Republic of Serbia who, in accordance with the international law, abroad have a status of diplomatic agent, consular official, official of international organizations, to diplomatic couriers, as well as to the highest-ranked state officials, in accordance with the regulation referred to in Article 9, paragraph 5 of this Act.
Article 11
An official passport is issued to the officers of diplomatic or consular offices of the Republic of Serbia who are not included in Article 10 of this Act, as well as to members of the state administration, appointed state officials and managers with special authorizations in other government bodies, when traveling abroad on official state business which requires holding an official passport, in accordance with the regulation referred to in Article 9, paragraph 5, of this Act.
Article 12
Travel certificate is a travel document issued to a citizen of the Republic of Serbia who finds himself abroad without a travel document, for the purpose of his return to the Republic of Serbia.
Art. 13 and 14
(Deleted)
III AUTHORITY TO ISSUE TRAVEL DOCUMENTS
Authorized Agency for Passport Issuance
Article 15
A passport is issued, in a regulated manner, by a police administration or police station belonging to the Ministry of Interior on whose territory is located the domicile or temporary sojourn of the person submitting an application for passport issuance (hereinafter: agency authorized for passport issuance).
Persons who file the application for passport issuance via diplomatic or a consular office of the Republic of Serbia are issued the passport by the police administration or police station of the Ministry of Interior in whose territory is the domicile of the person applying for the passport issuance, while for the persons who have not reported a domicile in the territory of the Republic of Serbia, the passport is issued by the City of Belgrade Police Administration of the Ministry of Interior.
The regulation mentioned in paragraph 1 of this Article is adopted by the minister in charge of the interior.
Authorized Agency for Issuance of Diplomatic and Official Passport
Article 16
Ministry of foreign affairs, in a regulated manner, issues the diplomatic passport and official passport.
The regulation mentioned in paragraph 1 of this Article is adopted by minister in charge of foreign affairs.
Authorized Agency for Travel Certificate Issuance
Article 17
A travel certificate is issued by a diplomatic or a consular office of the Republic of Serbia in whose territory a citizen of the Republic of Serbia finds himself abroad without a travel document.
The diplomatic or consular office of the Republic of Serbia mentioned in paragraph 1 of this Article is obliged to check the citizenship status of the person to whom it is to issue the travel certificate.
Article 18
(Deleted)
IV VALIDITY PERIODS OF TRAVEL DOCUMENTS
Article 19
A passport issued for a validity period of ten years.
Notwithstanding paragraph 1 of this Article, a passport is issued to persons below the age of 3 with a validity period of three years, while to the persons from 3 to 14 years of age with a validity period of five years.
Validity Period of a Diplomatic and Official Passport
Article 20
The validity period of a diplomatic or official passport is five years.
Upon termination of conditions stated in Articles 9 - 11 of this Act, a right to a diplomatic or official passport terminates even before the expiration of the time limit referred to in the paragraph 1 of this Article.
Validity Period of a Travel Certificate
Article 21
Travel certificate is issued with a validity period needed for the return to the Republic of Serbia, but no longer than 60 days.
Article 22
(Deleted)
Cases of Passport Issuance with Shorter Validity Period
Article 23
A passport can be issued with a shorter validity period than stipulated by Article 19 of this Act, if a competent court, i.e. a public prosecutor allows so in cases determined by this Act.
In cases mentioned in paragraph 1 of this Article, a passport can be issued for one or more travels to one or more countries.
A person whose fingerprints cannot be taken due to objective reasons of interim character, a passport is issued with a validity period of one year.
A person who, over a period of five years, loses two or more passports, a new passport is issued with a validity period of one year.
Regulating a Form. Form Contents
Article 24
Travel documents are issued in regulated forms.
Forms of a passport, diplomatic passport, official passport, and travel certificate are regulated by the minister in charge of the interior.
The forms of travel documents referred to in paragraphs 2 of this Article contain the space for inscription of the following data belonging to the holder of such legal instrument:
1) Family name and first name;
2) Day, month, and year of birth;
3) Place and country of birth;
4) Sex;
5) Citizenship;
6) Personal identity number;
6a) Domicile;
7) For persons without domicile in the territory of the Republic of Serbia, foreign country where such person lives.
The passport form, diplomatic passport, official passport, and travel certificate also has a space for a photograph and signature of the holder of such legal instrument.
In addition, diplomatic and official passports have a space designated for the title of the holder of such passport.
The form of the travel document also includes the date of issuing of such travel document and its validity period.
Machine Readable Data. Counterfeit Protection
Article 25
The form of a passport, diplomatic passport and official passport contains electronic data carrier and machine readable zone for the needs of automatic data reading.
A person to whom the travel document has been issued is entitled to inspect the data for automatic data reading contained by his travel document.
Printing the Forms. Entering the Data
Article 26
The forms of travel documents are printed in Serbian language, in Cyrillic alphabet, and in English and French, and are filled out in Serbian language, in Latin alphabet.
The data about the family name and first name are inscribed into travel document forms in their genuine form in the manner as they are written in the birth certificate.
The agency in charge of travel documents issuance is obliged to provide technical capabilities for inscription of data on family name and first name of members of national minorities in their genuine form, according to the language and spelling of such minority member.
Forms of travel documents are technically produced and printed by The National bank of Serbia - Institute for Manufacturing Banknotes and Coins.
VI TRAVEL DOCUMENTS ISSUING PROCEDURE
Application. Submission of an Application
Article 27
Travel documents are issued upon application.
An application for passport issuance is submitted to the agency competent for passport issuance in whose territory the applicant has his domicile, i.e. temporary sojourn, but it can also be submitted through a competent diplomatic or consular representative of the Republic of Serbia which shall forward it without delay to the Police Administration of the City of Belgrade of the Ministry of Interior, for further procedure.
A passport and a travel certificate are issued at personal request, while a diplomatic passport and an official passport at the request of the competent state authority.
Travel documents issued under international treaties are issued at personal request, unless provided otherwise by such international treaty.
The application for travel document issuance should contain correct and true data.
In order to determine the identity and other facts important for ruling on the application for issuance of a passport, a diplomatic passport, an official passport, and a travel certificate, as well as for the purpose of photographing and fingerprinting and signing, the presence of the person to whom the travel document is issued is mandatory at the moment of submission of the application.
Taking a photo and collecting necessary data mentioned in paragraph 6 of this Article is carried out in the manner regulated by the minister in charge of the interior affairs.
Article 28
Application for issuing of a travel document contains personal data which are entered in that legal instrument.
An application for issuing of a passport to a person living abroad in addition contains data about the place and country of temporary sojourn, i.e. domicile abroad.
Contents of an application for issuing of a travel certificate is deemed complete if the application for issuing of the travel certificate has been submitted without the presence of the person who found himself abroad without a travel document, and the competent agency referred in Article 17 of this Act indisputably determines identity of the person.
Submitting an Application for Minors, or Persons Contractually Incapable
Article 29
For minors, or contractually incapable persons, an application for issuing of a travel documents is submitted by one of the parents, with written consent of the other parent, i.e. another legal representative or guardian.
Exceptionally, the travel document shall be issued even without the consent referred to in paragraph 1 of this Article in the following cases:
1) If one of the parents is listed as a missing person;
2) If the domicile or temporary sojourn of one of the parents is unknown;
3) If one of the parents has deceased;
4) If custody over a minor is given to one of the parents by court decision, or issuance of the travel document has been allowed by court decision, except for the case when the same court decision conditions the issuance of the travel document and travel of the minor abroad with the consent of both parents;
5) In other cases of legal and physical incapacity of one of the parents to exercise their parental rights.
Fingerprints and signature are not taken from a child when submitting the application until the age of twelve.
Article 30
An identity card or another legal instrument which can prove the identity, a citizenship certificate - only in case of first issuance of a travel document pursuant to the present Act, as well as other legal instruments that prove the data contained in the application, are presented along with the application for the issuance of a travel document.
A photo fulfilling conditions stipulated in the regulation referred to in Article 27, paragraph 7 of this Act may be enclosed with the application.
The expired travel document or the one which may not serve its purpose anymore are enclosed with the application.
The travel document mentioned in paragraph 3 of this Article shall be nullified when the new passport is picked up.
Certificate of Submitted Application
Article 31
When submitting an application for issuing of a travel document, a certificate is issued to the applicant serving as proof that the application has been submitted.
Picking up the Travel Document
Article 32
A travel document shall be picked up by the applicant in person, i.e. a legal representative or a person he authorizes.
Issuing a New Travel Document even though the Existing One has not Expired
Article 33
A person having a travel document which has still not expired shall be issued a new travel document in following cases pending his application:
1) If the pages of the travel document have been completely used;
2) If the travel document has been damaged or worn out so that it cannot be used as such anymore;
3) It personal data of the travel document’s holder inscribed in the travel document have been changed;
4) If the photo or the image in the travel document does not fit the appearance of the person;
5) If a foreign country denies the issuance of a visa or residence permit because the travel document expires in less than six months.
The applicant is obliged to enclose the non-expired travel document with the application for issuance of the travel document, and when picking up a new passport the previous passport shall be nullified.
Time Limit to Resolve Application
Article 34
The competent agency is obliged to resolve an application for issuing of a travel document within 30 days from the day the application has been submitted.
The agency competent for issuance of a passport is obliged to resolve an application for issuing of a passport filed through a diplomatic or a consular representative office of the Republic of Serbia within 60 days from the day of the submission of the application.
Notwithstanding the provisions of paragraph 1 and 2 of this Article, in emergency situations (need for urgent medical treatment abroad, notification of decease or grave illness of a member of immediate family, urgent business trip) or due to other justified reasons, if the proofs confirming the emergency reasons have been enclosed with the application, the competent agency is obliged to issue the travel document at the latest within 48 hours from the moment the application has been submitted.
The competent agency shall issue the travel document within the time limit referred to in paragraph 3 of this Article even without the enclosed evidence which confirm the reasons for urgency, if requested so by the applicant, in accordance with a regulation issued by the Government.
Denying the Applications for Issuance of Travel Documents
Article 35
An agency to which an application for issuance of a travel document has been filed, shall render a decree to deny the application, i.e. it shall not issue the travel document in the following cases:
1) If an order to conduct investigation, or an indictment has been issued against the person who applies for issuance of the travel document – at the request of the competent court, i.e. public prosecutor’s office;
2) If the person who applies for issuance of the travel document applicant has been sentenced, without parole, to a prison sentence that is longer than 3 months, i.e. until he serves the sentence;
3) If the person who applies for issuance of the travel document has been forbidden to travel, in accordance with recognized international documents;
4) In cases when, in accordance with the applicable regulations, the movement of the person who applies for issuance of the travel document has been forbidden in order prevent the spread of diseases, i.e. epidemic;
5) If, due to reasons related to defense of the country, a regulated approval for travel abroad has not been issued or if there is another obstacle prescribed by law which regulates compulsory military service, in cases of declared martial law or state of emergency.
An application for issuance of a travel certificate cannot be denied.
Duty to Notify about Existence of Reasons for Denying an Application
Article 36
The competent judicial bodies referred to in Article 35, paragraph 1, items 1) and 2) of this Act are obliged to deliver to the Ministry of the Interior Affairs, through police administrations, i.e. police stations, in whose territory is the person's domicile, a request in relation to the reasons referred to in Article 35, paragraph 1, item 1), i.e. a notification about the existence of reasons stipulated in Article 35, paragraph 1, item 2) of this Act.
Confiscation of Travel Documents
Article 37
The agency in charge of issuing of travel documents shall confiscate a travel document in the following cases:
1) If a travel document has been issued on the basis of incorrect data;
2) If its holder enables another person to use the travel document as his own;
3) If its holder’s citizenship of the Republic of Serbia has terminated;
4) If it has been found out retrospectively that there have been obstacles named in Article 35, paragraph 1, items 1) to 4) of this Act prior to the issuance of the travel document, but the competent agency found out about them later, or if such reasons began after the issuing of a travel document.
The agency competent for issuing travel documents rules on confiscation of a travel document for reasons given in paragraph 1 of this Article.
Procedure with Confiscated Travel Documents
Article 38
An agency in charge of state border crossing control shall deliver to the Ministry of Interior Affairs the travel documents temporarily confiscated due to reasons from Article 37 of this Act.
A diplomatic or consular representative office of the Republic of Serbia shall deliver to the Ministry of Interior Affairs a travel document confiscated due to reasons from Article 37, paragraph 1, item 3) of this Act, and upon request it may return it to its holder after revocation.
Duty to Notify on Cessation of Reasons for Denial of Application and Confiscation of the Travel Document
Article 39
A competent court or another government agency is obliged to immediately notify the agency in charge of issuing of a travel document about all the facts whose consequence is the cessation of reasons for denial of application for issuance of a travel document and confiscation of a travel document.
The reasons for denial of the application for issuing of a travel document, i.e. reasons for confiscation of a document shall be deemed as ceased if the competent court does not renew the request referred to in paragraph 1 of this Article within six months from the day of submission of the application.
The agency competent for issuing travel documents shall inform the person who has applied for issuing of a travel document, i.e. a person whose travel document has been confiscated about the cessation of reasons referred to in paragraph 2 of this Article.
Duties of the Agency when Rendering Decree
Article 40
In the decree whereby the application for travel document issuance has been denied, i.e. whereby the travel document has been confiscated, the competent agency must state the reasons taken into account when deciding on the merits of the case.
Issuing a Passport with a Limited Expiring Date
Article 41
At the request of the person whose application for issuing a travel document has been denied, i.e. whose travel document has been confiscated, except for the reasons given in Article 37 paragraph 1, item 3) of this Act, the agency that ruled on that may, in especially justified cases (death of a family member, medical treatment abroad, unavoidable business affairs), allow the issuance of a passport with a limited expiring date.
In cases from paragraph 1 of this Article, the agency competent for issuing of a passport is obliged, prior to issuance of the passport, to obtain the opinion of the competent court, i.e. public prosecutor who requested the ban on issuance of the travel document.
VII SPECIAL OBLIGATIONS CONCERNIG AN ISSUED TRAVEL DOCUMENT
Loss and Find of a Travel Document
Article 42
A person who loses a travel document or finds another person’s lost travel document is obliged to report the loss of find of a travel document to the nearest police administration, i.e. police station of the Ministry of Interior Affairs without delay.
If a travel document has been lost abroad, the person who has lost the travel document shall report its loss to the nearest diplomatic or consular representative office of the Republic of Serbia.
The competent agency for issuing of a travel document may, ex officio, issue a decree proclaiming a travel document invalid in the following cases:
1) If a person, who is in the procedure of repatriation under an international treaty, states that he has no travel document, and the competent agency determines that he is in possession of a valid passport and that he has not reported the loss of passport, in accordance with paragraphs 1 and 2 of this Article;
2) If a diplomatic or official passport is not returned to the Ministry of Foreign Affairs within 60 days after the day of cessation of legal grounds for issuance of this type of passport.
Article 43
The competent agency for issuance of travel documents shall issue a decree to proclaim a lost travel as invalid.
Appeal against the decree mentioned in paragraph 1 of this Article is not permitted.
The travel document which has been proclaimed invalid is put in the ad published in the “Official Herald of the Republic of Serbia”, at the expense of the person whose travel documents is put in the advertisement.
The agency competent for issuing of a travel document shall issue a travel document only upon rendering of the decree on proclamation of invalidity of the travel document.
Costs of Issuing a Travel Document
Article 44
A fee is payable for the issuance of a travel document which comprises the price of the travel document booklet and technical processing costs, as well as the costs of delivery, if the delivery is made through a diplomatic or a consular representative of the Republic of Serbia.
The amount of the fee from paragraph 1 of this Article is determined by the Government.
Records of Travel Documents. Competence for Keeping Records
Article 45
Records of issued travel documents, of denied applications for issuing travel documents, of confiscated travel documents, invalid travel documents and the data referred to in Article 35, paragraph 1, items 1) through 4) of this Act are kept in a regulated manner.
The records mentioned in paragraph 1 of this Article are kept by the agency competent for the issuance of travel documents.
The manner of record-keeping mentioned in paragraph 1 of this Article and the forms for record-keeping are defined by the minister competent for internal affairs.
In the case of record-keeping referred to in paragraph 1 of this Article using the instruments for automatic data processing, the protection measures against unauthorized access are applied as well as the measures regarding storage of data in the shape in which they have been created i.e. received.
Article 46
Records of travel documents contain the following data: data on the applicant mentioned in Article 24, paragraph 3 of this Act and other data on the type of a travel document, serial number, date of expiry and issuing date of the travel document, reasons for denial of the application for issuance of the travel document, i.e. for confiscation of a travel document, and data on invalid travel documents.
Correctness of Data. Protection of Data
Article 47
The records held under the provisions of this Act must be up-to-date, correct, and protected by safety measures from unauthorized access and use.
Article 48
The data from the records on travel documents may be given exclusively to government authorities, and under the following conditions:
1) If the authority requesting the data is authorized by law for requesting and receiving such data;
2) If the requested data are requisite to the authority requesting the data for performance of duties from its competence;
3) If those data are impossible to collect in some other manner, or if their collection would demand disproportionate high costs.
The authorities under paragraph 1 of this Article are obliged to use the data from the records of travel documents in accordance with regulations governing protection of personal data.
Delivering Data to Foreign Authorities
Article 49
The data from records on travel documents may be delivered to authorities of foreign countries, under the condition of reciprocity and if the following terms have been fulfilled:
1) If the delivery is done through foreign country’s authority in charge of diplomatic and consular affairs;
2) If the recipient of data undertakes to use the received data only for the intended purpose, in relation to resolving personal matters, or if that is necessary for preventing and suppressing more serious forms of crime, or if the provision of data is undoubtedly useful to an individual to whom the data are referring to;
3) If the protection of personal data in the country where the seat of the authority to whom the data are delivered to is also provided to foreigners.
Article 50
A fine ranging from 5,000 to 150,000 dinars or a punishment of up to 30 days of imprisonment shall be a penalty for a misdemeanor or attempted misdemeanor and imposed on:
1) Whoever possesses of more than one travel document of a kind (Article 3, paragraph 2 of this Act);
2) Whoever gives his travel document to another person to use it as one's own, or whoever uses somebody else’s travel document as one’s own (Article 3, paragraph 3 of this Act);
3) Whoever by providing false data, manages to have a travel document issued by the competent agency, and thereafter uses such travel document (Art. 27, paragraph 5 of this Act).
For the misdemeanor referred to in paragraph 1 of this Article, a protective measure of seizing the issued travel document can be imposed.
Article 51
A fine ranging from 4,000 to 40,000 dinars shall be imposed as a penalty for a misdemeanor on a person who fails, without delay, to report to the competent agency for issuance of travel document the loss of the travel document or its finding (Article 42 of this Act).
Article 52
A fine ranging from 40,000 to 50,000 dinars shall be imposed on a responsible person in an agency in charge of issuing travel documents if such person fails to resolve an application for issuance of a travel document within the prescribed time limit referred to in Article 34 of this Act, or if such person fails to reconsider the reasons non issuance, i.e. revocation of a travel document due to reasons under Article 39 of this Act, and on a responsible person in a government agency or a legal person, if such a person fails to immediately notify the agency competent for issuing travel documents about the facts whose consequence is the termination of reasons for denying the application for issuing a travel document referred to in Article 39 of this Act.
X TRANSITIONAL AND FINAL PROVISIONS
Validity of Travel Documents Issued according to Former Regulations
Article 53
Passport, diplomatic passport and official passport issued prior to the effective date of this Act shall be valid until the date of expiry stated in such travel document, but no longer than 31 December 2011.
Proceedings with Unresolved Applications
Article 54
A proceeding to resolve an application for issuing travel documents initiated prior to the day this Act became effective shall be completed according to the provisions of this Act.
Adoption of Secondary Legislation
Article 55
The regulations to be enacted on the basis of authorization under this Act shall be enacted within three months from the day this Act enters into force.
Until the regulations referred to in paragraph 1 of this Article become applicable, the regulations adopted up to the day of entry into force of the present Act shall apply, provided that they are not in contravention of the provisions of this Act.
Article 56
As of the day this Act becomes effective, the Law on Travel Documents of Yugoslav Citizens is repealed (“Official Gazette of FRY, Nos. 33/96, 49/96, 12/98, 16/99, 35/99, 44/99, 15/00, 7/01, 71/01, 23/02, 53/02, 68/02 and 5/83, and “Official Herald of RS, No. 101/05 - other act), with the exception of Article 56 which shall be applicable until enacting of Serbian Armed Forces Act.
Entry into Force and Effective Date
Article 57
This Act enters into force on the eighth day after being published in the “Official Herald of the Republic of Serbia”, while it takes effect upon expiry of six months after the day of entry into force, with the exception of the provisions of Article 55 which shall take effect as of the day of entry into force of this Act.
Independent article of the
Law ammending the travel documents act
(“Official Herald of RS, No. 116/08)
Article 2
This law shall enter into force on the eighth day after being published in the “Official Herald of the Republic of Serbia”.