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Identity Documents Act

Passed on 15 February 1999

Chapter 1

General Provisions

1. Scope of application

This Act establishes an identity document requirement and regulates the issue of identity documents to Estonian citizens and aliens by the Republic of Estonia.

2. Identity document

(1) An identity document (hereinafter document) is a document issued by a state agency in which the name, date of birth or personal identification code, and a photograph of the holder are entered, unless otherwise provided by law or legislation established on the basis thereof.

(2) The following documents are issued pursuant to this Act:

1. identity cards;
2. Estonian passports;
3. diplomatic passports;
4. seafarer's service record books;
5. alien's passports;
6. temporary travel documents;
7. travel documents for refugees;
8. certificates of record of service on Estonian ships;
9. certificates of return.

3. Travel document and internal document

(1) A travel document is an Estonian document prescribed by law for crossing the state border or a travel document issued by a foreign state recognised by the Ministry of Foreign Affairs (hereinafter travel document issued by a foreign state).

(2) An internal document is a document which is prescribed for the identification of a person within Estonia and which is not prescribed for crossing the state border, unless otherwise provided by law or an international agreement.

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Chapter 7

Documents Held by Aliens

26. Status of alien's passport

(1) An alien's passport is a travel document issued to an alien by the Republic of Estonia in which data concerning the residence permit and, if necessary, work permit of the alien are entered.

(2) An alien's passport does not grant the holder thereof the right to the protection of a foreign mission of Estonia unless otherwise provided by law or an international agreement.

27. Basis for issue of alien's passport

(1) An alien's passport shall, on the basis of a personal application, be issued to an alien who holds a valid residence permit in Estonia if it is proved that the alien does not hold a travel document issued by a foreign state and that it is not possible for him or her to obtain a travel document issued by a foreign state.

(2) An alien's passport may be issued to an alien under 15 years of age at the request of his or her legal representative if he or she complies with the conditions established in subsection (1) of this section and travels to a foreign state separately from the person in whose travel document data pertaining to him or her are entered.

(3) In order for an alien's passport to be issued to a citizen of a foreign state, the alien shall submit the consent of a competent administrative agency of his or her country of nationality to the issue of an alien's passport to him or her, or prove that it is not possible to obtain the specified consent.

28. Period of validity of alien's passport

An alien's passport shall be issued with a period of validity of up to five years, but the period of validity shall not exceed the period of validity of the residence permit issued to the alien.

29. Status and basis for issue of temporary travel document

(1) A temporary travel document is a travel document issued by the Republic of Estonia to an alien staying in Estonia for departure from and return to Estonia.

(2) A temporary travel document may be issued to an alien who departs or is obliged to depart from Estonia without the right of return if he or she does not hold a valid travel document or a certificate of return issued by a foreign state.

(3) A temporary travel document for a single departure from and return to Estonia may be issued to an alien residing in Estonia on the basis of a residence permit if he or she does not hold a valid travel document, if he or she does not have the right to receive an alien's passport and if, in order to receive a travel document issued by a foreign state, he or she must address a state agency in the foreign state.

(4) A temporary travel document does not grant the holder thereof the right to the protection of a foreign mission of Estonia unless otherwise provided by law or an international agreement.

30. Period of validity of temporary travel document

A temporary travel document shall be issued with a period of validity of up to two years.

31. Status and basis for issue of travel document for refugee

(1) A travel document for a refugee is a travel document issued by the Republic of Estonia to an alien who is granted asylum in Estonia.

(2) A travel document for a refugee does not grant the holder thereof the right to the protection of a foreign mission of Estonia unless otherwise provided by law or an international agreement.

(3) A travel document for a refugee shall comply with the requirements of the Convention relating to the Status of Refugees (RT II 1997, 6, 26).

(4) A travel document for a refugee shall be issued to an alien who is granted asylum in Estonia.

32. Period of validity of travel document for refugee

A travel document for a refugee shall be issued with a period of validity of up to two years, but the period of validity shall not exceed the period of validity of the residence permit issued to the refugee.

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Chapter 9

Implementing Provisions

37. Identity documents register

The State Register of Identity Documents shall be maintained concerning documents issued pursuant to this Act.

38. Validity of previously issued documents

(1) Estonian passports, diplomatic passports and seafarer's service record books issued pursuant to the Estonian Citizens Identity and Citizenship Documents Act (RT I 1993, 43, 618) are valid until the date of expiry thereof, and the provisions of this Act apply thereto.

(2) alien's passports issued pursuant to the Aliens Act (RT I 1993, 44, 637; 1994, 41, 658; 1995, 57, 981; 1997, 19, 306; 53, 837; 73, 1202; 1998, 98/99, 1575) are valid until the date of expiry thereof, and the provisions of this Act apply thereto.

(3) Temporary travel documents issued pursuant to the Temporary Travel Documents Act (RT I 1994, 41, 658) are valid until the date of expiry thereof, and the provisions of this Act apply thereto.

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41. Amendments to other legislation

(1) Chapter 3 of the Aliens Act is repealed.

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42. Repeal of legislation

(1) The Estonian Citizens Identity and Citizenship Documents Act (RT I 1993, 43, 618) is repealed.

(2) The Temporary Travel Documents Act (RT I 1994, 41, 658) is repealed.

43. Entry into force of Act

This Act enters into force on 1 January 2000.


Source: Estonian Legal Translation Centre
http://www.legaltext.ee/indexen.htm


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