IDENTITY CARD ACT("Off. Herald of RS", Nos. 62/2006 and 36/2011) |
Notion of Identity Card and its Purpose
Article 1
An identity card is a public instrument proving identity of the citizens of the Republic of Serbia.
In conformity with the law, an identity card also serves as proof of other facts contained in it.
If that is subject to a treaty, an identity card can also serve as a travel document.
Article 2
Each citizen of the Republic of Serbia over the age of 16 (hereinafter: citizen) shall be entitled to an identity card.
A citizen over the age of ten (hereinafter: child) shall also be entitled to an identity card.
Obligation to Have an Identity Card
Article 3
A citizen over the age of 16 residing in the territory of the Republic of Serbia shall have an identity card.
Article 4
Identity card shall be issued to foreign citizens and persons without citizenship residing in the territory of the Republic of Serbia in compliance with a special law.
II VALIDITY PERIOD OF IDENTITY CARD
Article 5
An identity card is issued for the validity period of ten years, while for children the validity period is five years.
An identity card without limited validity period may be issued to a citizen older than 65 years of age, at his/her request, using a form which does not contain a microcontroller (chip).
An identity card shall be issued to a citizen who is entitled to an identity card, but has no domicile in the territory of the Republic of Serbia, on the basis of an established residence, with a validity period of two years.
III COMPETENCE FOR ISSUING OF IDENTITY CARD
Article 6
An identity card shall be issued in regulated manner by the ministry in charge of internal affairs (hereinafter: competent authority).
The regulation referred to in para. 1 of this Article shall be enacted by the minister in charge of internal affairs (hereinafter: minister).
Article 7
An identity card shall be issued on in a form prescribed by the Minister.
The form of identity card shall contain the following data about the holder of that public instrument:
1) Family Name;
2) First Name;
3) Gender;
4) Day, month and year of birth;
5) Place, municipality, and state of birth;
6) Unique identification number of a citizen.
The form of identity card shall also contain pictures of biometric data on the holder of that public instrument (photograph, fingerprint, and signature).
The form of identity card shall also contain the date of its issuing and the period of its validity.
Automatic Data Reading. Protective Elements
Article 8
The form of an identity card shall contain a space for a microcontroller (chip) and a space for machine readable zone for the purpose of automatic data reading.
If the form contains a microcontroller (chip), all the visible data of an identity card shall be entered there, as well as data on citizenship, domicile, i.e. address of its holder and the name of one of his/her parents, while unique identity numbers of the holder’s parent may optionally be entered as well.
At the request of the identity card holder, and in accordance with special regulations, qualified electronic certificate of the holder and the corresponding data for the creation of qualified electronic signature shall be entered into the chip, so that such identity card becomes a means for the formation of qualified electronic signature, in accordance with law.
The form of an identity card shall also contain protective elements prescribed by the minister.
Printing of the Form. Entering of Data
Article 9
The form of an identity card shall be printed in Serbian language, in Cyrillic alphabet, and in English language.
The form of an identity care shall also be printed in language and alphabet of ethnic minorities, in compliance with law.
The information about name and family name shall be entered in original shape as it was recorded in the extract from the Register of births. The information about family name and name of the members of ethnic minorities shall parallelly, be also entered according to the rules of Serbian orthography and in Serbian alphabet.
The remaining data shall be entered in Serbian language, Cyrillic alphabet, and in language of national minorities, in line with the law.
Article 9a
At the request identity card applicant, the information about his/her family name and first name may be entered into the identity card in Latin alphabet as well, in addition to the Cyrillic alphabet, if technically possible.
Technical possibility, i.e. limitations with respect to the number of characters used to enter the appropriate information in the manner referred to in paragraph 1 of this Article, shall be determined by regulation referred to in Article 6, paragraph 2 of this Act.
V PROCEDURE FOR ISSUING OF IDENTITY CARD
Application. Submitting of Application
Article 10
An identity card shall be issued at personal request.
Application for issuing of an identity card shall be submitted to the competent authority through its organizational units within municipalities, cities and the city of Belgrade, but it can also be submitted via the competent diplomatic mission or consular office of the Republic of Serbia, who shall immediately forward it to the competent authority.
Application for issuing of an identity card shall be submitted in person.
For a child or a legally incapable person, application shall be submitted by a parent with the written consent of the other parent, i.e. by other legal representative or legal guardian.
Identity card shall be issued to a minor who is older than 16 without the consent of the other parent if that parent does not exercise parental rights.
Identity card shall be issued to a child even without the consent of the other parent if that parent does not exercise parental rights, provided that the certificate of the competent guardianship is submitted which certifies that the issuance of the identity card is in the best interest of the child.
In order to ascertain identity and other facts significant for deciding upon application for issuing of an identity card and to get other biometric identifiers (photography, fingerprint, signature), it is necessary that the person to whom the identity card shall be issued be present when submitting the application.
The person referred to in the paragraph 7 of this Article, who in conformity with a national or religious affiliation, or folk customs is wearing a hat or a scarf as an integral part of his/her costume, i.e. clothes, may be photographed with a hat or scarf, in compliance with the regulation governing the manner of getting biometric data.
The biometric data referred to in the paragraph 7 of this Article shall be obtained in a way prescribed by the minister.
Time Limit for Submitting of Application
Article 11
Persons who, pursuant to the provisions of this Act have a duty to hold an identity card, shall apply for issuing of the identity card at the latest within 15 days after becoming of age 16, i.e. within 15 days upon fulfillment of the requirements defined in the Article 3 of this Act.
Article 12
The application for issuing an identity card must contain truthful data.
Article 13
An applicant shall provide the following data in the application for issuing of an identity card:
1) Unique identification number of citizen;
2) Family name and first name;
3) Gender;
4) Date of birth;
5) Place, municipality and state of birth;
6) Citizenship;
7) Unique identification number of parents;
8) Domicile in the territory of the Republic of Serbia (place, municipality and address) at the time of submission of the application;
9) Foreign state where he/she lives, in case of persons who have no domicile in the territory of the Republic of Serbia;
10) Date of submission of application.
Article 14
An official shall, upon receiving the application and establishing the identity of the applicant, instruct the applicant to present the relevant public instrument issued on the basis of prescribed official records, if the competent authority - ex officio - is not able to determine the facts about the fulfillment of requirements for the issuance of the identity card either by accessing data in a central system for electronic processing and storage of data, or by inspection of the records of citizenship, the birth register, marriage register, death certificates and other records which, in accordance with the law, are maintained by such official or by another ministry.
A person who is issued an identity card for the first time can enclose to the application a photograph of a prescribed size, reflecting exactly his/her face.
Confirmation of Submitted Application
Article 15
Following the application for issuing of an identity card, the applicant shall be issued a confirmation on a form prescribed by the minister, which serves as a proof of submitted application.
Awarding Unique Registration Number of the Citizens when such number has not been awarded
Article 16
If, in the procedure of identity card issuing it is determined that a citizen, who was not born in the territory of the Republic of Serbia and has no domicile in it, was not awarded with a unique identification number of citizens, the competent authority shall award him/her such a number when issuing the identity card, in compliance with the law.
For awarding of the unique identification number of citizens referred to in the para. 1 of this Article, number 70 shall be fixed as the register number (group 4).
Time Limit for Issuing of Identity Card
Article 17
The competent authority shall issue an identity card at the latest within 15 days from the day of application submission.
In emergency cases (medical treatment, disease or death of a family member, urgent business travel) of for some other justifiable reasons, subject to fulfillment of the conditions prescribed by the minister, the competent authority shall issue an identity card even in a shorter time limit.
Terminating Previously Issued Identity Card
Article 18
When handing out the identity card, the competent authority shall terminate the previously issued identity card.
The termination of an identity card shall be carried out in a way prescribed by the minister.
VI SPECIAL OBLIGATIONS REGARDING THE ISSUED IDENTITY CARD
Prohibition of Use of Identity Card. Issuing of New Identity Card
Article 19
A holder shall not use the identity card:
1) If his/her personal data referred to in Article 7 paragraph 2 of this Act have been changed;
2) If the photograph in the identity card no more reflects his/her appearance;
3) If the identity card is damaged or for any other reason fails to serve the intended purpose;
4) If he/she finds out later that inaccurate data was entered in the identity card.
A holder of an identity card shall submit an application for issuing of a new identity card within 15 days from the day of occurrence of some of the reasons referred to in the paragraph 1 of this Article.
Restrictions on the Use of Identity Card for Border Crossing
Article 19a
Notwithstanding Article 1, paragraph 3 this Act, an identity card may not be used as a travel document, and it may not be used to replace the use of a travel document in order to cross state border if the conditions for revocation of the travel document have been fulfilled - established by the law governing the travel documents of citizens of the Republic of Serbia who travel abroad.
If the conditions set in paragraph 1 of this Article are fulfilled, the competent authority shall issue a decision prohibiting the use of the identity card as a travel document, which shall be applicable for six months and delivered to the holder and the authority which submitted the request.
The authority at whose request the decision prohibiting the use of the identity card was issued may renew its request for prohibition of the use of the identity card for crossing state border as long as reasons specified in paragraph 1 of this Article exist.
Expiry of Validity of Identity Card
Article 20
An identity card ceases to be valid:
1) On the expiry of the period of its validity;
2) Upon death of its holder;
3) If its holder stops to meet the requirements defined in the Article 2 of this Act.
In the case referred to in the item 1 paragraph 1 of this Article, a person who in line with this Act must possess an identity card, shall apply for issuing of a new identity card not later than 15 days upon expiry of the validity period of the previously issued identity card.
A person holding an identity card of a deceased person, i.e. a person referred to in item 1 of this Article shall return the identity card to the competent authority for termination within 15 days from the cessation of validity of such an identity card.
Showing Identification Card. Prohibition of Abuse
Article 21
A person, who, in line with the provisions of this Act must possess an identity card, shall carry it and present it at the request of an official authorized for identifying.
It shall be forbidden to give the identity card to another person to use it as its own i.e. to use someone else’s identity card as one’s own or to abuse it in some other way.
Losing and Finding of Identity Card
Article 22
A person who loses the identity card or who finds someone else’s identity card shall report immediately the loss or find of an identity card to the competent authority.
If an identity card is lost or was found abroad, the person referred to in the paragraph 1 of this Article shall report its loss or find to a diplomatic-consular mission of the Republic of Serbia which shall notify a competent authority thereof.
Article 23
A competent authority shall issue a decision to void the lost identity card.
No complaint shall be allowed against the decision referred to in the paragraph 1 of this Article.
An identity card declared void shall be announced in the "Official Herald of the Republic of Serbia" at the expense of the person whose identity card has been announced as void.
Upon adopting the decision to declare the identity card as void and delivering the decision to the "Official Herald of the Republic of Serbia" the competent authority shall issue an identity card.
Costs of Issuing of the Identity Card. Exemption from Fee Payment
Article 24
A fee shall be paid for the issuing of an identity card, the amount of which includes the price of the form of identity card and the costs of technical manufacturing.
The price of the form of identity card and technical manufacturing costs shall be determined by the minister.
No tax shall be paid in the procedure of issuing of an identity card.
Records on Identity Cards. Competence for Records Keeping
Article 25
Records shall be kept on issued identity cards, submitted applications for issuing of identity cards, terminated identity cards and identity cards which have been declared as void (hereinafter: identity card records).
Identity card records shall be kept by the competent authority.
The way of keeping the identity card records and the forms for keeping such records are prescribed by the minister.
Protective measures against unauthorized access and storage of data in shape it has been formed i.e. received shall be applied when keeping identity card records in means of automatic data processing.
Article 26
Identity card records shall contain data on the applicant referred to in the Article 13 of this Act and images of his/her biometric data; serial and registration number of the identity card; expiry date and date of issuing of the identity card; reasons for termination of an identity card and data on void identity cards.
The records shall also contain data that can identify the official of the competent authority who decided about the application for issuing of identity card.
Data Protection
Article 27
Identity card records shall be up to date, accurate and protected by security measures from unauthorized access and usage.
Article 28
Competent authority may share the data from identity card records with state and other authorities and organizations, as well as legal and natural persons under the following conditions:
1) That the entity seeking the data is authorized by law or by other regulations to seek and receive such data;
2) That the entity seeking the data needs such data for carrying out tasks from its jurisdiction;
3) That the entity seeking the data provides full protection of personal data.
Article 29
A misdemeanor fine amounting up to RSD 50.000 or imprisonment up to 30 days shall be imposed on a person who:
1) Contrary to established duty does not possess an identity card (Article 3);
2) Fails to apply within the prescribed time limit for issuing of an identity card (Art. 11 and 20, paragraph 2);
3) Provides false data in the application for issuing of identity card (Article 12);
4) Uses identity card whose usage is forbidden (Article 19);
5) Uses identity card in contravention to the prohibition of using the identity card as a travel document (Article 19a, paragraph 2);
6) Refuses to present the identity card to an official authorized for identifying (Article 21, paragraph 1);
7) Gives the identity card to another person to use it as its own, i.e. uses someone else’s identity card as his/her own or abuses it in some other way (Article 21, paragraph 2).
Article 30
A misdemeanor fine amounting up to RSD 5.000 shall be imposed on a person who:
1) Fails to return the identity card to a competent authority for the purpose of termination (Article 20, paragraph 3);
2) Fails to carry the identity card and is obliged to possess one (Article 21, paragraph 1);
3) Fails to report without delay the loss or find of an identity card (Article 22).
4) (Deleted)
IX TRANSITIONAL AND FINAL PROVISIONS
Validity of Identity Card Issued in Compliance with the Previous Regulations
Article 31
An identity card issued before entry into force of this Act shall be valid until the expiry of the time limit contained in the identity card, but the longest for five years from the day of entry into force of this Act.
Applicability of the Act to Citizens of Serbia and Montenegro who have Domicile in the Territory of the Republic of Serbia
Article 32
The citizens of Serbia and Montenegro domiciled in the territory of the Republic of Serbia who have no citizenship of the Republic of Serbia shall be subject to the provisions of this Act, but not longer than five years from the day of entry into force of this Act.
Procedures for Unresolved Applications
Article 33
A procedure for resolving of application for issuing of identity card, initiated prior to the day of this Act’s applicability, shall be completed pursuant to the provisions of this Act.
Time Limit for Enacting Secondary Legislation
Application of Previous Regulations
Article 34
Secondary legislation defined in the Article 6 paragraph 2, Article 7 paragraph 1, Article 8 paragraph 2, Article 10 paragraph 7, Article 14 paragraph 2, Article 15, Article 17 paragraph 2, Article 18 paragraph 2, Article 24 paragraph 2 and Article 25 paragraph 3 of this Act, shall be enacted by the minister within six months from the day of entry into force of this Act.
Until the beginning of application of the secondary legislation referred to in the paragraph 1 of this Article, the regulations enacted prior to the day of entry into force of this Act shall be applicable, if they are not contrary to the provisions of this Act.
Article 35
The following legislation shall be repealed on the day this Act becomes applicable: Law on Basic Data for Identity Card ("Official Gazette of the SFRY", No. 6/73) and Law on Identity Card ("Official Herald of SRS", No. 15/74, 54/77, 57/80, 45/85 and 40/88 and "Official Herald of RS", No. 53/93 - other law, 67/93 - other law, 48/94 - other law, and 101/05 - other law).
Entry into Force of the Act and Beginning of Application
Article 36
This Act shall enter into force on the eighth day from the date of publication in the "Official Herald of the Republic of Serbia", and shall become applicable upon expiry of six months from the day of entry into force.
Independent Articles of the Act Amending and Supplementing the Identity Card Act
("Off. Herald of RS", No. 36/2011)
Article 11
An identity card issued prior to day this Act became applicable shall be valid up to the validity date specified on the identity card, but no longer than 31 December 2016 - to which date the identity cards with the validity period of "27 July 2011", issued after the Identity Cart Act ("Official Herald of RS", No. 62/06) became applicable, shall also be valid.
Article 12
This Act shall enter into force on the eighth day from the date of publication in the "Official Herald of the Republic of Serbia".