|
Bulgarians Resident outside the Republic of Bulgaria Act
Last update: 2008-08-21 03:06:29
Chapter One
GENERAL PROVISIONS
Article 1. This act regulates the relations of the Bulgarian State with Bulgarians resident outside the Republic of Bulgaria.
Article 2. In this Act, a Bulgarian resident outside the Republic of Bulgaria is a person who:
1. has at least one ascendant of Bulgarian origin;
2. has Bulgarian national awareness;
3. is resident on a long-term or permanent basis on the territory of another state.
Article 3. (1) Bulgarian origin shall be proven by a document issued by:
1. A Bulgarian or foreign state body;
2. An organisation of Bulgarians resident outside the Republic of Bulgaria, recognized by the competent Bulgarian state body for maintaining relations with them;
3. The Bulgarian Orthodox Church.
(2) Bulgarian origin can also be proven by general action proceedings.
Article 4. (1) The Bulgarian state shall assist the establishment of favourable conditions for free development of Bulgarians resident outside the Republic of Bulgaria according to the principles of international law and the legislation of the respective state, with the purpose of protecting and supporting their rights and legal interests.
(2) The Bulgarian state shall support organisations of Bulgarians resident outside the Republic of Bulgaria seeking to preserve and develop Bulgarian linguistic, cultural and religious traditions.
Article 5. (1) Bulgarians resident outside the boundaries of the Republic of Bulgaria shall enjoy the right of protection by the Bulgarian state which, in compliance with the principles of the international law and the international agreements, shall protect their rights and legal interests.
(2) The Council of Ministers shall assign the respective ministers and heads of other departments the implementation of the state policy regarding Bulgarians resident outside the Republic of Bulgaria, and shall determine the structures established for the purposes of its implementation and the mechanisms for coordination of their activities.
(3) With the diplomatic representations of the Republic of Bulgaria in the states in which there are Bulgarian communities or Bulgarian national minorities, there can be established consultative bodies of Bulgarians resident in the respective state, comprising representatives appointed by the persons under Article 2.
Chapter Two
RIGHTS OF BULGARIANS RESIDENT OUTSIDE THE REPUBLIC OF BULGARIA
Article 6. (1) The Bulgarian state shall assist Bulgarians resident outside the Republic of Bulgaria, regardless of their citizenship, in exercising their right to access to the institutions and organisations competent in the respective case.
(2) While staying on the territory of this country, Bulgarians resident outside the Republic of Bulgaria, who are not Bulgarian citizens, shall be entitled to concessions in the payment of stamp duties related to the regulation of their stay or settlement in the Republic of Bulgaria, under conditions and by a procedure determined by the Council of Ministers.
Article 7. Bulgarians resident outside the Republic of Bulgaria, who are not Bulgarian citizens, can exercise the right to work during their stay in this country upon obtaining a permit under a simplified procedure, established by the Application Regulations of this Act.
Article 8. (1) Bulgarians resident outside the Republic of Bulgaria, who do not have Bulgarian citizenship, can carry out economic activity in the Republic of Bulgaria, invest and participate in cash privatization, restore their right of ownership and receive inheritance, according to the effective legislation, under the conditions and by the procedure stipulated for Bulgarian citizens, except in the case of land.
(2) When a law or international agreement, to which the Republic of Bulgaria is a party, stipulates more favourable conditions for carrying out economic activity and investment the more favourable conditions shall apply.
Article 9. Bulgarians resident outside the Republic of Bulgaria shall have the right to acquire, free of charge, primary and secondary education in state and municipal schools in the Republic of Bulgaria under the same conditions and by the same procedure as Bulgarian citizens.
Article 10. (1) Bulgarians resident outside the Republic of Bulgaria shall have the right to acquire higher education in the state higher schools in the Republic of Bulgaria under the same conditions as Bulgarian citizens.
(2) The Council of Ministers shall approve annually the number of the students and post-graduate students admitted under Paragraph (1) to the higher schools and specialities, and shall determine a simplified procedure for their admittance.
(3) Bulgarians resident outside the Republic of Bulgaria who are unable to pay on their own the expenses for their education can apply for assistance under programmes financed by the state budget, by the higher school or by other sources.
Article 11. (1) Bulgarian institutions and organizations shall support Bulgarians resident outside the Republic of Bulgaria in studying the Bulgarian language, Bulgarian literature, history, geography and other subjects by providing teachers, training aids and material resources or by other appropriate means in line with the norms of international law, the local legislation and bilateral agreements and treaties.
(2) The Bulgarian state shall establish conditions for raising the qualification of teachers in subjects studied in Bulgarian abroad and, if necessary, send Bulgarian teachers.
(3) The export of text-books and training aids for the purposes under Paragraph (1) shall be exempt from customs duties, customs charges and fees and shall be carried out through the respective state institutions.
Article 12. Bulgarians resident outside the Republic of Bulgaria shall be provided possibilities to acquaint themselves with the centuries-old Bulgarian culture and Bulgarian science and to take part in their development according to their wish and interests. To this end, through the respective institutions the Republic of Bulgaria shall:
1. Send printed matter, technical carriers of information and other materials about life in Bulgaria, Bulgarian culture and other spheres of the development of Bulgaria;
2. Organise meetings with specialists and prominent personalities in the respective spheres;
3. Encourage and assist the establishment and operation of centres for the popularisation and development of Bulgarian culture and science on the territories of the respective states;
4. Organise cultural, scientific and other events on the territories of the respective states or in the Republic of Bulgaria, including with the participation of international organisations and prominent representatives of science, art, culture and sport;
5. Provide, whenever possible, premises and equipment to Bulgarian communities or Bulgarian national minorities abroad for carrying out cultural and educational, scientific and other similar activities.
Article 13. (1) The Bulgarian state shall assist the preservation and the profession of the Eastern Orthodox religion as a traditional religious affiliation of Bulgarians and as a factor for the preservation of Bulgarian national identity. To this end and in coordination with the Bulgarian Orthodox Church, it shall assist the activities of the Bulgarian Orthodox Church among Bulgarians resident outside the Republic of Bulgaria, maintain contact with their religious communities outside the country and encourage their activities abroad, aimed at the strengthening of national and spiritual values.
(2) In coordination with the states in which Bulgarians live, as well as with the respective religious institutions on their territories, the Republic of Bulgaria shall assist the exercising of the religious rights of our compatriots.
Article 14. (1) Upon establishing inheritance by Bulgarians resident outside the Republic of Bulgaria, the state bodies and the bodies of the local self-government and the local administration shall inform the legatees through the respective diplomatic and consular representations.
(2) When obtaining documents related to their civil registration, Bulgarians resident outside the Republic of Bulgaria shall be charged the same fees as Bulgarian citizens.
Chapter Three
SETTLEMENT IN THE COUNTRY OF BULGARIANS RESIDENT OUTSIDE
THE REPUBLIC OF BULGARIA
Article 15. (1) Bulgarians living outside the Republic of Bulgaria who wish to settle in the Republic of Bulgaria shall be issued permanent residence permits under simplified terms and procedure.
(2) The state bodies and the bodies of local self-government and the local administration shall render assistance to the persons under Paragraph (1) and shall provide material and other support for their settlement under conditions and by a procedure determined by the Council of Ministers.
Article 16. (1) The Bulgarian state shall establish conditions for needy Bulgarians settling on its territory to be granted tenure of land of the state or municipal land stock in the first three years of their settlement.
(2) The Council of Ministers shall determine the conditions and the procedure by which persons under Paragraph (1) can use soft-term credits for buying immovable property, housing and stock.
Chapter Four
NATIONAL COUNCIL FOR BULGARIANS RESIDENT OUTSIDE
THE REPUBLIC OF BULGARIA
Article 17. (1) The National Council for Bulgarians Resident Outside the Republic of Bulgaria is a state-cum-public body of organisational, coordinating and representative functions, expressing and coordinating the national interests with the interests of Bulgarians resident outside the Republic of Bulgaria.
(2) The National Council shall assist the pursuance of a unified state policy regarding Bulgarians resident outside the Republic of Bulgaria, in line with the Constitution, traditions, national interests and international legal principles and norms; coordinate the activity of the Bulgarian public and private institutions related to Bulgarians resident outside the Republic of Bulgaria and render assistance to them and their organisations.
(3) The National Council shall assist the presentation of the interests of Bulgarians and Bulgarian communities outside the Republic of Bulgaria to the Bulgarian Government.
(4) The National Council shall:
1. Organise and coordinate with other state bodies and civil organisations the study of the state and the problems of Bulgarian communities outside the Republic of Bulgaria and the making of analyses, projections and programmes for working with them;
2. Coordinate, assist and consult the activities of ministries and other departments and the bodies of the local self-government and the local administration in the practical implementation of the state policy regarding Bulgarians resident outside the Republic of Bulgaria;
3. Maintain relations with Bulgarians resident outside the Republic of Bulgaria, with their organisations and their cultural and educational centres, assisting them with information materials or by other means;
4. Organize events jointly with Bulgarian patriotic organisations in the spirit of the state policy regarding Bulgarians resident outside the Republic of Bulgaria;
5. Organise publishing and distribution activities;
6. Prepare and, through the respective minister - member of the National Council, present for consideration by the Council of Ministers, draft statutory instruments according to its functions;
7. Take part in international activities on national minorities and linguistic and religious communities' issues, including in the drafting of international agreements to be acceded by the Republic of Bulgaria;
8. Establish and organise communication networks servicing contacts with Bulgarians resident outside the Republic of Bulgaria.
(5) The National Council shall present an annual report on its activities to the National Assembly.
Article 18. (1) The National Council for Bulgarians Resident outside the Republic of Bulgaria is a legal entity financed by the state budget and seated in Sofia.
(2) The funds under Paragraph (1) shall be allocated annually in the National Budget Act of the Republic of Bulgaria.
(3) The National Council shall adopt regulations for its organisation and activities.
Article 19. (1) The National Council for Bulgarians Resident outside the Republic of Bulgaria shall be made up of nine members.
(2) The National Assembly shall elect, for a period of five years, the Chairman of the National Council and six of its members, five of whom shall be Bulgarians resident outside the Republic of Bulgaria.
(3) The motion for their election under Paragraph (2) shall be moved by the Chairman of the National Assembly who shall take into consideration the opinion of the Bulgarian communities abroad.
(4) The President of the Republic shall appoint one of the members of the National Council.
(5) The Council of Ministers shall appoint one of the ministers as member of the National Council.
Article 20. (1) The powers of the Chairman of the National Council or of an elected member shall be terminated before the expiry of their term upon any of the following occurrences:
1. Resignation submitted to the Chairman of the National Assembly;
2. Permanent inability to participate in the work of the National Council;
3. enacted sentence for deliberate crime;
4. Death.
(2) In the cases listed in Paragraph (1), Items 2 and 3 the powers shall be terminated by a decision of the National Assembly.
Article 21. The work of the National Council for Bulgarians Resident outside the Republic of Bulgaria shall be assisted by an administration set up under the conditions and by the procedure established by the Administration Act.
Article 22. (1) The National Council shall perform its functions in close interaction with the central and local bodies of state power carrying out the state policy regarding Bulgarians resident outside the Republic of Bulgaria and with the structures they establish for the purposes of its implementation and shall participate in the coordination of their activities.
(2) The National Council shall receive information regarding the activities of the bodies under Paragraph (1) on the implementation of this Act.
Chapter Five
PROGRAMMES FOR BULGARIANS RESIDENT OUTSIDE
THE REPUBLIC OF BULGARIA
Article 23. Support for Bulgarians resident outside the Republic of Bulgaria and their organisations shall be provided through governmental and private programmes.
Article 24. (1) The governmental programmes shall be drafted by the respective ministries, coordinated with the National Council and approved by the Council of Ministers.
(2) The programmes under Paragraph (1) shall be financed by the state budget by funds allocated to this end in advance.
(3) The programmes shall cover between one- and five-year periods and shall seek to establish favourable conditions for Bulgarians resident outside the Republic of Bulgaria in the field of science, culture, education and health care. A programme may also provide for initiatives for the preservation of Bulgarian cultural and historical sites abroad.
(4) The programmes shall be implemented through projects approved by the respective ministry on a competitive basis. The projects shall be financed through the respective ministry within the framework of the funds provided for the respective programme.
(5) The conditions and procedure for participation in each of the programmes shall be determined by the respective ministry in coordination with the National Council.
Article 25. (1) The National Council shall assist the drafting and shall approve private programmes for Bulgarians resident outside the Republic of Bulgaria.
(2) Private programmes shall be financed through the National Council, by individuals and funds of the National Council received in the form of donations, legacies, aid, etc.
(3) Programmes under Paragraph (1) shall be implemented through projects approved by the National Council on a competitive basis, in coordination with the individuals providing the bulk of the funds in financing the respective programme.
(4) The conditions and procedure for participation in each of the programmes shall be determined by the National Council.
Article 26. (1) The extra budgetary funds of the National Council shall not be used for purposes other than the financing of programmes under Article 25.
(2) The National Council can constitute, according to the will of the donors, foundations or funds with resources and property received as donations, legacies and aid.
(3) The purpose of the foundations and the funds under Paragraph 2 shall be to take part in the financing of private programmes for Bulgarians resident outside the Republic of Bulgaria and to control the implementation of projects approved under and financed by these programmes.
Article 27. (1) The Council of Ministers shall, within its competence, propose to the National Assembly tax, customs and other fiscal concessions for persons financing private programmes for Bulgarians resident outside the Republic of Bulgaria, corresponding to the contributed funds, as well as for persons implementing programmes through projects approved by the procedure envisaged in Article 24, Paragraph (4) and Article 25, Paragraph (3).
(2) Motions for exercising the powers of the Council of Ministers under Paragraph (1) can be moved by the National Council, the ministries and the departments involved in implementing the state policy related to Bulgarians resident outside the Republic of Bulgaria.
TRANSITIONAL AND FINAL PROVISIONS
§ 1. (1) During the first term of the National Council, new members of the quota of Bulgarians resident outside the Republic of Bulgaria shall be appointed by the drawing of lots.
(2) Upon the expiry of a three-year period since its formation, three members of the quota of the National Council under Paragraph (1) shall be replaced by the procedure described in Article 19, Paragraphs (2) and (3). Article
(3) The principle of proportional representation of Bulgarian communities abroad shall be observed in the appointment of new members of the National Council.
§ 2. The Council of Ministers shall bring in compliance with this act acts of secondary legislation regulating the relations of the Republic of Bulgaria with Bulgarians resident outside the Republic of Bulgaria.
§ 3. The Council of Ministers shall adopt Application Regulations for this Act.
§ 4. The implementation of this Act is assigned to the Council of Ministers.
This Act was passed by the 38th National Assembly on March 29, 2000 and affixed with the official seal of the National Assembly.
|
Phone: +44 20 8123 5542
Phone: +359 298 711 33
Sending... 
Sending... 