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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.07.2016.–31.08.2019.
Amendments not included: 25.04.2019.

Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of:

3 April 2003 [shall come into force from 1 May 2003];
23 March 2006 [shall come into force from 27 April 2006];
6 September 2007 [shall come into force from 10 October 2007];
4 December 2008 [shall come into force from 6 January 2009];
11 June 2009 [shall come into force from 1 July 2009];
29 October 2009 [shall come into force from 1 January 2010];
1 December 2009 [shall come into force from 1 January 2010];
20 January 2010 [shall come into force from 4 February 2011];
23 October 2014 [shall come into force from 19 November 2014];
8 October 2015 [shall come into force from 1 July 2016].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following law:

Declaration of Place of Residence Law

Section 1. Purpose of the Law

The purpose of this Law is to ensure that every person is reachable in terms of legal relations with the State or local government.

Section 2. Scope of Application of this Law

(1) This Law determines the duty of a person to declare his or her place of residence, as well as the quantity of information to be declared and procedures for the registration thereof. This law shall apply to persons the place of residence of this is in the Republic of Latvia.

(2) The fact of the declaration of the place of residence shall not of itself create civil law obligations.

[4 December 2008]

Section 3. Place of Residence

(1) A place of residence is any place (with an address) connected with immovable property freely selected by a person, in which the person has voluntarily settled with an intention to reside there expressed directly or implicitly, in which he or she has a lawful basis to reside and which has been recognised by him or her as a place where he or she is reachable in terms of legal relations with the State or local government.

(2) A person has a lawful basis to reside in a particular immovable property if he or she owns such immovable property, or a rental contract or leasing contract has been entered into in relation to such property or he or she has obtained the right of use of such property on the basis of marriage, kinship, affinity or on another legal or contractual basis.

(3) A place of residence of a minor is the place of residence of his or her parents (guardians), if the parents (guardians) have not declared a place of residence elsewhere for the minor.

Section 4. Change of Place of Residence

(1) In case of change of the place of residence, the relevant person has a duty to declare it at the institution for the declaration of a place of residence within one month from the day he or she permanently resides at the new place of residence.

(2) The absence of a person that exceeds one month shall not be deemed to be a change in the place of residence if it is connected with:

1) the fulfilment of duties of employment on the sea;

2) [6 September 2007];

3) receipt of medical assistance in a medical treatment institution;

4) detention or serving a sentence in a place of imprisonment.

(3) [29 October 2009]

[23 March 2006; 6 September 2007; 29 October 2009]

Section 5. Exceptions from General Provisions for Registration of Place of Residence

(1) A minor who, based on a decision of the Orphan's court regarding out-of-family care, has been placed in a childcare institution or in a foster family in the administrative territory of another local government shall retain registration at the previous place of residence but the childcare institution or foster family address shall be indicated as an additional address. If he or she has no lawful basis to retain registration at the previous place of residence, as his or her place of residence shall be registered the relevant address of the child care institution or foster family in accordance with Section 10 of this Law. Such address of a child may also be registered by a local government in the territory of the operation of which the Orphan's court, which has taken a decision on out-of-family care of the child in a child care institution or foster family, is located, by notifying the local government thereon in the administrative territory of which the registered address is located.

(2) A person who, based on a decision of the local government, has been placed in an old people's home in the administrative territory of another local government shall retain registration at the previous place of residence and old people's home address shall be indicated as an additional address. If such person has no lawful basis to retain registration at the previous place of residence and he or she has not declared a place of residence elsewhere, as his or her place of residence shall be registered the relevant old people's home in accordance with Section 10 of this Law.

[23 March 2006; 29 October 2009]

Section 6. Duty to Declare a Place of Residence

(1) The following persons has a duty to declare a place of residence:

1) a Latvian citizen;

2) non-citizen;

3) a citizen of the Member State of the European Union, European Economic Area State and Swiss Confederation and his or her family members who has received a registration certificate or permanent residence certificate issued in the Republic of Latvia;

4) a foreigner who has received a residence permit issued in the Republic of Latvia;

5) a stateless person who has received a residence permit issued in the Republic of Latvia.

(2) Persons who enjoy diplomatic or consular privileges and immunities or privileges and immunities equivalent to them in accordance with the laws and regulations of the Republic of Latvia and international agreements binding on the Republic of Latvia may declare their place of residence in accordance with procedures stipulated by the Minister for Foreign Affairs.

(3) The place of residence for a minor child and in conformity with the amount of restriction of capacity to act determined by the court for a person with restricted capacity to act shall be declared by the person who in accordance with the law or a decision of the Orphan's court is a guardian or a trustee (hereinafter - legal representative) of the relevant person.

(4) If the place of residence of a person is in Latvia, the duty to declare a place of residence is fulfilled if the person referred to in Paragraph one of this Section (hereinafter - the declarant of a place of residence) has submitted to the institution for the declaration of a place of residence, a declaration of a place of residence form (hereinafter - declaration) completed and signed in accordance with the procedures laid down in this Law.

(5) If a person's place of residence is in a foreign state, the duty to declare a place of residence is fulfilled if the declarant of a place of residence has submitted information regarding the place of residence in accordance with the procedures laid down in the Population Register Law.

[23 March 2006; 4 December 2008; 23 October 2014]

Section 7. Institutions for the Declaration of a Place of Residence and Competence Thereof

(1) Institutions for the declaration of a place of residence shall be relevant local governments, institutions thereof (hereinafter - institution) or the Office of Citizenship and Migration Affairs (hereinafter - the Office).

(2) The institution shall register the information regarding the declared place of residence and ensure the computerised processing, protection and storage, as well as updating in the Population Register of the information provided by the person.

(3) The institution shall examine the veracity of the information declared in the cases specified in this Law, as well as upon its own initiative perform registration of a place of residence.

(4) The Office shall register information regarding declared place of residence and shall ensure the computerised processing, protection and storage, and also updating in the Population Register of the information provided by the person if the declaration of a place of residence is submitted electronically or if a place of residence is declared by a person referred to in Section 6, Paragraph one, Clause 3, 4 or 5 of this Law or by a person in respect of whom the Office has taken a decision to issue a residence permit, registration certificate, or a permanent residence certificate or to determine the legal status.

(5) After registration and updating of information in the Population Register, the Office shall send the information on the declared place of residence or the received declaration to the local government in the territory of operation of which the relevant place of residence is located.

[3 April 2003; 23 March 2006; 4 December 2008; 29 October 2009; 8 October 2015]

Section 8. Declaring a Place of Residence

(1) A declarant of a place of residence or his or her legal representative, or a person who has been authorised in writing by the declarant of a place of residence or his or her legal representative may submit a declaration personally to an institution in the territory of operation of which the relevant place of residence is located. In accordance with Paragraph ten of this Section, the declaration of the place of residence of a child shall be submitted to the local government that registers the birth of a child.

(2) A declarant of a place of residence or his or her legal representative may submit a declaration to the Office electronically, by using a special online form. The person referred to in Section 6, Paragraph one, Clause 3, 4 or 5 of this Section, his or her authorised person or legal representative, or his or her authorised person, may submit a declaration in person also to the Office. If a person has submitted a submission for requesting a residence permit, registration certificate, or permanent residence certificate or determining its legal status and the information provided in this submission contains the information necessary for the declaration, it shall be considered to be a declaration.

(3) The following information regarding a declarant of a place of residence shall be indicated in the declaration:

1) given name (names);

2) surname;

3) personal identity number;

4) address of the place of residence;

5) [4 December 2008];

6) lawful basis to reside in the place of residence to be declared.

(4) A declarant of a place of residence or his or her legal representative, or a person who has been authorised in writing by the declarant of a place of residence or his or her legal representative has the right to indicate in the declaration an additional address (addresses) of the declarant of a place of residence indicating a time period during which the declarant may be reached at such address (addresses).

(5) In declaring the place of residence in the cases specified in Section 5 of this Law, a declarant of a place of residence or his or her legal representative, or a person who has been authorised in writing by the declarant of a place of residence or his or her legal representative shall indicate in the declaration the childcare institution, foster family or old people's home address only as an additional address (addresses) of the declarant of a place of residence and the time period during which he or she has been placed therein.

(6) In declaring a place of residence at an institution, a passport or other valid in Latvia personal identification document shall be presented to the employee of the institution.

(7) In declaring the place of residence of a minor child or a person with restricted capacity to act, documents that certify the right of the legal representative right of the declarant of the place of residence to act in the name of the relevant person shall be presented to the employee of the institution.

(8) The Cabinet shall approve the sample of the declaration form, as well as determine the procedures for evaluating the information submitted in the declaration. The Cabinet shall determine the website where a special online form for declaration of a place of residence electronically is available, and also the procedures for declaration of a place of residence electronically and the amount of information to be included in the form to be completed electronically.

(9) If the place of residence of a person is in a foreign state, the person shall notify the Office regarding this in accordance with the procedures laid down in the Population Register Law.

(10) The address indicated in the entry in the birth register upon registering the birth of a child shall be considered to be the declared place of residence if concurrently with the registration of the birth the legal status of the child is determined. The Office shall provide the Population Register information on the registration of the child's place of residence to the local government in the administrative territory of which the registered address is located.

(11) The address indicated in the submission addressed to the Office for requesting a residence permit, registration certificate, or permanent residence certificate or determining its legal status shall be considered to be the declared place of residence from the day the residence permit, registration certificate, or permanent residence certificate is issued or the legal status is determined, if the Office has not refused to register the declared place of residence.

[23 March 2006; 4 December 2008; 29 October 2009; 23 October 2014; 8 October 2015]

Section 8.1 Declaration of a Place of Residence by Post

[29 October 2009]

Section 9. Registration of the Declared Place of Residence

(1) An institution or the Office, upon receiving a declaration, shall:

1) ascertain the identity of the declarant of a place of residence or his or her legal representative or a person authorised by the declarant of a place of residence or his or her legal representative on the basis of a passport or other personal identification document valid in Latvia;

2) verify the authorisation of the representative;

3) verify the existence of the address to be declared.

(2) After the performance of functions referred to in Paragraph one of this Section, the institution or the Office shall update the information regarding the place of residence declared by the person, as well as an additional address (addresses) in the Population Register and upon request issue a document certifying the fact of declaration of a place of residence to the declarant of a place of residence, his or her legal representative or a person authorised by the declarant of a place of residence or his or her legal representative.

(3) [29 October 2009]

(4) [29 October 2009]

[3 April 2003; 23 March 2006; 29 October 2009]

Section 10. Registration of the Place of Residence on Initiative of the Institution

(1) Information regarding the place of residence of such persons who have not declared their place of residence shall be updated in the Population Register by the institution if immovable property (with an address) has been determined in which such person resides. The person shall be considered to reside in the immovable property in which he or she spends the time period necessary for daily rest at least once a week or proportionally the same time period necessary for daily rest during another specified time period.

(2) The place of residence shall be registered if the information on the actual place of residence of the person has been received from State or local government institutions, medical treatment, educational and other institutions or persons.

(3) The Cabinet shall determine the procedures for examination of information received, as well as the amount of information necessary for the registration of an actual place of residence of a person.

[3 April 2003]

Section 11. Examination of Information Declared

(1) The institution has the right upon its own initiative, but a duty on basis of a submission of other persons, to examine the veracity of information declared including conformity to information included in State registers, and whether the declarant has a lawful basis to declare a place of residence at the relevant address.

(2) If the institution has well-founded doubts that when declaring a place of residence, a person has provided false information, it shall invite the declarant of a place of residence to submit a document that certifies the veracity of the relevant information or request information from the owner or holder of the relevant immovable property.

(3) An owner of the relevant immovable property or another interested person may submit a written submission in which a substantiated request to examine the information regarding the declared place of residence is included. The institution shall notify the declarant of a place of residence regarding the submission and invite him or her to provide an explanation.

(4) If the institution determines that the information declared is not true, it shall invite the declarant of the place of residence to clarify the information.

(5) A person who owns immovable property or to whom immovable property has been transferred for holding has a duty upon a request of the institution to submit the information provided for in Cabinet regulations regarding persons who reside in the referred to immovable property.

Section 12. Annulment of Information regarding a Declared Place of Residence

(1) Information regarding a declared place of residence shall be annulled by the institution if:

1) a declarant of the place of residence or his or her legal representative or a person authorised by the declarant of the place of residence or his or her legal representative declaring the place of residence has provided false information;

2) the relevant person has no lawful basis to reside in the declared place of residence.

(2) The institution shall update the fact of the annulment of the information regarding the declared place of residence in the Population Register and notify the declarant of the place of residence thereof.

(3) The Cabinet shall determine procedures by which the institution annuls the information regarding the declared place of residence.

(4) If information regarding the declared place of residence has been annulled and the relevant person has not declared his or her place of residence anywhere within one month, the institution may register information regarding the place of residence of such person in accordance with the procedures laid down in Section 10 of this Law.

(5) The local government in the administrative territory of which the place of residence of such person has been previously declared or registered shall be considered a place of residence of the person from the day when the information on the place of residence declared has been annulled up to the day when the relevant person has declared his or her place of residence elsewhere or the information on the place of residence in the same or another local government has been registered in conformity with the provisions of Section 10 of this Law.

(6) A decision to annul information regarding a declared place of residence shall come into effect at the time of taking thereof. Contesting and appeal of the decision shall not suspend operation thereof. The institution shall immediately enforce the decision after coming into effect thereof.

(7) If a declarant of a place of residence has lost the status of a Latvian citizen or non-citizen and other legal status in the Republic of Latvia has not been determined for him or her within two months or a declarant of a place of residence has not received a registration certificate, a permanent residence certificate or residence permit, information regarding his or her declared place of residence shall be regarded as annulled from the day of losing the relevant status.

(8) If the issued registration certificate, a permanent residence certificate or residence permit is annulled or the term of validity thereof has expired and within a month another legal status in the Republic of Latvia has not been determined for him or her or a declarant of a place of residence has not received a registration certificate, a permanent residence certificate or residence permit, information regarding his or her declared place of residence shall be regarded as annulled from the date of annulment of the registration certificate, permanent residence certificate or residence permit or expiry of the term of validity thereof.

[3 April 2003; 4 December 2008; 29 October 2009]

Section 13. Provision of Information

(1) The Cabinet shall determine the procedures for providing information to natural and legal persons by the Office and institution in the administrative territory of which the place of residence of a person is declared or registered regarding the declared or registered place of residence of a person.

(2) The Office shall provide information on the place of residence of a person and an additional address (addresses) to State authorities and administration institutions, local governments and their institutions, organisations and other legal persons to which State administration functions have been delegated, as well as to the court and the Office of the Prosecutor in conformity with the competence of the abovementioned institutions in accordance with the procedures laid down in the Population Register Law.

(3) The Cabinet shall determine the procedures for providing information upon request of the owner of the immovable property or his or her authorised persons free of charge to the owner of the immovable property or his or her authorised person regarding persons the place of residence of which is declared or registered in his or her property and also the amount of data to be provided.

[3 April 2003; 23 March 2006; 20 January 2011]

Section 14. State Fee for Registration of a Declared Place of Residence

[23 March 2006]

Section 14.1 Expenditures for Registration of a Place of Residence

[11 June 2009]

Section 14.2 State Fee for Registration of Information Regarding a Declared Place of Residence

The State fee shall be paid for registration of information regarding a declared place of residence, the amount, payment procedures of and reliefs from which shall be determined by the Cabinet.

[11 June 2009]

Section 15. Supervision, Contesting and Appeal of Decisions

(1) The Office shall ensure supervision of registration of a place of residence, as well as the methodological administration of the institutions.

(2) A decision by an official of the institution may be contested to the higher local government institution (official) laid down by the local government council, but if there is no such - appealed to the court in accordance with the procedures laid down in the Administrative Procedure Law. A decision of the higher local government institution (official) may be contested to the court in accordance with the procedures laid down in the Administrative Procedures Law.

(3) A decision by an official of the Office may be contested to the Head of the Office, but a decision of the Head of the Office may be appealed to the court in accordance with the procedures laid down in the Administrative Procedure Law.

[20 January 2011]

Transitional Provisions

1. A note made in the passport of a citizen of Latvia, the passport of a non-citizen of Latvia, the personal identification document of a stateless person, the personal identification document of a refugee or another personal identification document valid in Latvia regarding the registration of a person in a place of residence up to the day of the coming into force of this Law, and registered in the Population Register, shall be considered the first declaration of a place of residence until the person declares another place of residence in accordance with the procedures laid down in this Law.

2. A person whose actual place of residence on the day of the coming into force of this Law does not match with the place of registration has the right to declare a place of residence once without paying the State fee within six months after the coming into force of this Law in accordance with the provisions of Section 3 of this Law.

3. Information on the place of residence of such persons who are not registered anywhere on the day of the coming into force of this Law and who have no lawful basis to declare their place of residence in any immovable property (with an address), shall be registered in conformity with the provisions of Section 10 of this Law. Up to the registration of a place of residence the provisions of Section 12, Paragraph five of this Law shall be applied to such persons.

4. [23 March 2006]

5. By 1 October 2002 the Cabinet shall determine:

1) the procedures for completing and submitting a declaration of a place of residence and the procedures for examining the information provided in the declaration, as well as shall approve the sample declaration of a place of residence form and the sample document certifying the fact of the declaration of a place of residence;

2) the amount of information necessary for the registration of an actual place of residence of a person, as well as the procedures for examining the information received;

3) the procedures by which the institution shall annul information regarding the place of residence declared;

4) the procedures by which the Population Register upon request of an owner of immovable property or his or her authorised person shall provide information to the owner of immovable property regarding persons who have declared a place of residence in his or her property;

5) the amount of the State fee and procedures by which the State fee shall be paid into the budget of the relevant local government for the registration of a declared place of residence.

6. By 1 June 2003 the Cabinet shall determine the procedures by which an institution, which has on-line data transmission with the Population Register shall provide information regarding the place of residence declared by a person or an additional address (addresses) to natural persons and legal persons.

[3 April 2003]

7. Up to the moment when for the relevant local government on-line data transmission with the Population Register is ensured, on the basis of a request from the local government the Office shall prepare once a month computerised information regarding persons who have changed their place of residence by declaring it in the territory of another local government.

[3 April 2003]

8. Amendments to Section 7, Paragraph one of this Law, as well as Section 7, Paragraphs four and five; Section 8, Paragraph two; Section 8.1 and Section 9, Paragraphs three and four of this Law in the new wording, which determines the Office as a place of residence declaration institution and the declaration of place of residence electronically and by post shall come into force on 1 January 2007.

[23 March 2006]

9. The condition referred to in Section 8, Paragraph two of this Law, that a declarant of a place of residence or his or her legal representative may submit a declaration to the Office electronically by using a special online form which comes into effect from 1 July 2009.

[4 December 2008]

10. [20 January 2011]

11. [1 December 2009]

12. Submissions for declaration of place of residence which were sent by post until 31 December 2009, the Office shall examine in conformity with the procedures for reviewing submissions in force on the day of sending of the relevant submission.

[29 October 2009]

13. The address that is indicated in the Population Register upon registering the birth of a child or issuing a residence permit, registration certificate, permanent residence certificate or determining the legal status by 30 June 2016 shall be considered to be the declared place of residence of the person from 1 July 2016, and the Office shall immediately update the relevant information in the Population Register if the status of the referred to person in the Population Register is active and he or she has not declared another address.

[8 October 2015]

This Law comes into force on 1 July 2003.

[3 April 2003]

This Law has been adopted by the Saeima on 20 June 2002.

President V. Vīķe-Freiberga

Rīga, 10 July 2002

 


1 The Parliament of the Republic of Latvia

Translation © 2017 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 20.06.2002.Entry into force: 01.07.2003.Theme:  Apartment rightsPublication: Latvijas Vēstnesis, 104, 10.07.2002.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 16, 22.08.2002.
Language:
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