1- Necessary definitions for expressions and words
The civil status follow the Ministry of Interior. (Minister of the Interior)
1- Central administration: Central administration of civil status in the Ministry of Interior.
2- Citizen: Each one that enjoys the Syrian nationality.
3- Civil register: is the register where the incidents of civil status get recorded based on the documents of these incidents and this register is either in paper or in electronic forms.
4- The Directorate General of Civil Status: It handles the implementation of legislations related to civil status and overseeing the works of the directorates of civil status in governorates.
5- Civil status directorate: It practices competencies and duties of the central administration directorates in the scope of the governorate and falls under it the supervision of the secretariat of civil registry and its manager gets appointed with a decision from the minister.
6- Civil registrar: He is the one responsible for implementing the duties of civil registry secretariat mentioned in second article from this law.
7- The record: It’s the total data related to the citizen which is recorded in the civil registry.
8- Main record data: and it’s the name and parentage- name of the father- name of the mother- place and date of birth- national ID number.
9- The incident: It means all civil status incidents from birth, death, marriage or divorce and what is branched from them.
10- Statement: A document that gets issued from the civil status secretariat for a specific incident.
11 Gender: Male or female
12- Household: The group that is consisted of father, mother and children.
13- Family: A group of households that belong to one origin.
14- Reporter: The one commissioned to report pursuant to this law in case of occurrence for a specific civil status incident.
15- Certificate: The document that gets issued from the authorized sides by this law for a civil status incident.
16- Parentage: Name of the family of what takes its place from the names of ancestors.
17- The record copy: The copy taken about the record of the citizen and his household from the civil registry.
18- The unregistered child: It’s the child whose parents are Syrians and registered in the Syrian civil records or his origin belongs to Syria but he wasn’t registered within the period specified for registration.
19- Place of residence: It’s the place where the citizen lives inside or outside Syrian lands.
3- How to register the last name of a person that didn’t mention it and only mentioned the name of his father?
A- A male or female registered his name without his last name and registered his father's name, so his last name will be his father’s name.
Basel Monir Hassna
B- And if the person’s name was registered without his last name and only registered his father's name and his father's last name, then he will take the last name of his father.
Basel Monir Gamal Hassna
5- What are the duties of the civil registrar regarding registering records and incidents of the citizens?
A- The duties of the civil registrar is to register the records of the citizens and the new incidents that happen to them of civil affairs incidents whether happened inside or outside his area as well as issuing copies for these records, issuing personal cards and family cards and he has other managerial duties related to the nature of managerial work of civil status, employees and authorizing signatures.
B- As well as registering the civil status incidents that happen in Syria for non-Syrians according to the effective regulations and issuing copies for these incidents.
C- Preparing charts and statistical data.
D- The registrar at the end of every month sends the monthly list that contains all the treatments in three paper or electronic copies to the central administration through the civil status directorate.
7- What is the legal proving power for the civil records?
A- The civil records written in the paper or electronic records has the power of legal proof and they are regarded a source of population statistics in its different forms.
B- The Civil Registrar cannot write anything in the civil register other than the things that are written in the incidents’ record based on the certificates provided to him and any violation for that shall be void.
C- For any correction for a mistake in registration in the incidents’ record based on birth or death certificates or other certificates, the civil registrar shall immediately correct the mistake and indicate in the notes field that the correction was made by him and he shall sign on that.
D- The civil status records shall be kept safe and there must be a backup copy for paper and electronic records on magnetic tapes.
9- What are the registration procedures in the civil register?
The period of reporting any civil status incident is thirty days if it happens inside Syria and ninety days if it happens outside Syria and the period shall start, during travel, from the moment of reaching the Syrian lands or the destination lands outside Syria and the day of incident shall not be counted in the specified period and if the last day of the period meets an official vacation, then the next day shall be the end of the legal grace period.
The Mukhtar of the place where the incident happen is the competent person of giving the certificate or the Mukhtar of the place of the owner of incident.
When a civil status incident happens to a citizen inside Syria, the documents that proves the occurrence of the incident shall be provided to the civil registry where he is registered directly or to the civil register of the place of the incident's occurrence as this registry will handle the process of registering the incident and then sends it immediately to the civil registry of that person to register it.
Birth incidents that didn’t provide its documents during the legal grace period or provided the documents during the legal grace period but its registration was delayed for some reason shall be registered in the record of unregistered children.
The civil registrar sends a copy of the incidents’ data that happens in Syria for non-Syrians in serial numbers in order sending them to their governments through the Ministry for Foreign Affairs under the condition of availability of reciprocity of treatment. The message gets sent to the administration of immigration or passports or their branches.
2- What are the duties of civil registry secretariat?
The duties of civil registry secretariat is specified as follows:
1- The registrar of the civil register has to daily authorize the pages of incidents’ records and immediate statements before the end of the official work hours of each day whether these records are in paper or electronic form.
2- There must be a special record with the registrar of each civil register where he proves his signature and official stamp as well as the signature of his assistants and employees in their woks. Also the registrar is responsible for organizing this record and keeping it and he must write in it the date of employee's leave from work.
3- The registrar must send a copy of his signature and the signatures of all employees to the director of civil status in the governorate.
4- The registrar, before sending any treatment to any circle, has to edit it and complete any shortage in it and he has to keep his official stamp from loss and take care of it to have documents of official treatments clear and readable.
5- The registrar at the end of every month shall organize the monthly list that contains all the treatments in three paper or electronic copies and their original copies shall be sent to the central administration through the civil status directorate.
6- Each civil registrar shall be responsible for record of incidents beside the civil record.
7- All the documents of incidents get archived on the computer.
8- The civil registrar shall specify a special record for family card and another one for personal card.
9- The civil registrar cannot record any incident or perform any work of the civil status works if the situation is related to him or any of his close or far relatives or wives and in this case the direct managerial chief must take his place and any work that goes against that shall be regarded void.
4- How to register the fraternity linage in case their father didn’t have a record in the house where their names where enlisted?
If there is a record of two or more brothers or sisters in one residence without having a record for their father in this residence, the linage of one of these siblings shall be regarded the linage of the brother or sibling that has no mentioned linage and in case there was more than one linage for siblings, the linage of the oldest brother shall be taken as a linage for all of them.
6- What is the system of civil registration and it relies on which basis?
The civil registration system relies on the basis of enforceability of registration which means obliging the citizen to register all incidents that happen to his civil status.
8- What are the provisions of registration in the civil register?
Civil record, data of the citizen, his name and linage, his father’s name, mother's name and date of birth, his reference number, date of registration, place of residence, family number, and the civil record in its electronic form must contain personal picture and fingerprints of the ten fingers when the citizen comes to issue a personal identity card.
The national number must be used as a key for the data of the citizen at all official circles on all treatments, documents and certificates related to him.
10- What are the registration procedures in the foreign countries?
A- Each civil status incident that happens to an Arab Syrian person in a foreign country if it was treated pursuant to the provisions of this country’s laws and doesn’t contradict with the Syrian laws shall be regarded correct and valid. The owner of this incident has to register it at the Syrian embassy or the Syrian consulate or the embassy or consulate commissioned to manage the treatments of Syrians in his place of residence or in the place where the incident occurred and the consular shall send a copy of the record document to the competent civil status directorate through the Ministry of Foreign Affairs and these documents that got sent shall have the power of data and documents authorized in Syria.
B- In case the Syrian person wasn’t able to register the incident at the Syrian embassy or consulate where the incident occurred, he has to get the certificate of the incident or an authorized copy of it from the competent sides in the place of its occurrence and submit it to the civil status directorate where the owner of treatment is recorded (after writing a certificate at the Mukhtar for the birth or death incidents).
C- No civil status incident that happened to a citizen inside or outside Syrian lands shall be registered without:
- Original and authorized documents.
- The foreign countries might be also an Arab country.
Implementing deeds and decisions of marriage and divorce: they got implemented in case there was violation for effective Syrian laws and issued from the competent courts originally (religious courts) otherwise they will be covered with the form of implementation at the competent court in Syria.
- If a birth delivery happens in Pilgrimage or ship or plane and the competent authority or the captain didn't issue the requested birth certificate, the incident must be submitted immediately upon the arrival of the mother and baby to their place of residence in Syria and in this case the legal grace period starts from the next day to arrival date.
- The committee of unregistered children has to register the births and deaths of citizens that happen abroad if they were unable to provide the necessary registration documents or showing birth or death certificates that meet with the registration conditions. They must be referred to the competent committee respectively in order to register their incidents and if the incidents owners were unable to provide documents of their marriage or divorce registrations that happened outside Syria, they have to get a decision from the religious or spiritual courts (or competent civil courts if the person followed the civil law in the foreign country and these decisions shall be registered at the civil registrar) and then these decisions shall be registered at the civil registrar in his original place of residence. In case the owner of the incident got an additional nationality to the Syrian nationality and showed documents and certificates authorized from abroad that contain his other nationality, then the decisions shall be registered on his civil record without the need to correct his nationality in these documents and certificate and it shall be limited to referring to his other nationality in the notes field of the record after asserting that he still keeps his Syrian nationality.
- If the provided copy of the record isn’t complete and lacks all the requested information for registration, it can be completed with another accepted document like birth certificate or passport after keeping it or a copy of it. And if the passport and birth certificate were not complete too, the document can be registered according to the information mentioned in it and the treatment owner shall be commissioned to issue a judicial decision with the registration of the rest of requested information if the matter requires registering a baby or a wife on the house of the father or the husband. And if the matter requires only putting a sign of death and the copy of death document was incomplete, then the death sign shall be put after checking and connecting a certificate from the Mukhtar that the mentioned deceased person in the document is the same owner of the record and in all the previous cases it’s required to take the consent of the general directorate of civil status for this registration.
- If there was a difference between the content of the provided document and the record of the treatment owner and this difference was unessential, the document shall be registered based on the provided documents after checking and connecting a document from the Mukhtar stating that the deceased person or the father of the deceased person or the husband or the wife of the related persons meant in the document is the same one that is mentioned in the record after taking the consent of the general directorate on this registration also.
- For the Palestinians that live abroad and registered at the refugees organization in Syria, their incidents get registered in the incidents record specified for the Arab Syrians at the Syrian embassy to be sent in a statement in serial numbers to the mentioned organization or the owner of the incident gets a copy for these incidents from the foreign authorities and authorize them in order to put them in the refugees organization.
- The difference of place of record in the divorce document for the Syrian woman that hasn’t lost her Syrian nationality despite getting the nationality of her foreign husband and in her death certificate and for those who got a foreign nationality without losing the Arab Syrian nationality, doesn’t prevent the implementation of the document in the civil register if the rest of information conform with it.
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