1. Legal documents
The missions of the legal department consist of:
• The transmission of requests for criminal record no. 03 and delivery of this document to the interested parties.
• The transmission of requests for certificates of competency to the Algerian authority that issued the driving license in Algeria (daïra or wilaya).
• The protection of nationals within the framework of the consular convention and the agreements signed with the various countries and the provisions of presidential decree n°02-407 of 26/11/2002 fixing the attributions of the heads of consular posts.
• Mediation of family disputes, in collaboration with the social service of the consular services.
• Legal advice on the status and capacity of persons.
• Visits to detainees.
2. Procedure Child Legal Adoption (kafala):
Algerian Nationals registered at the Embassy in Kuala Lumpur-Thailand and the Philippines can apply to adopt (Kafala or Recueil Legal are the words used for in the Algerian Legislation) an Algerian infant.
The Application file must be lodged at the Algerian Embassy in Kuala Lumpur to be forwarded to the Ministry of Employment and National Solidarity.
The Agreement for Adoption is given by a National Commission on the basis of the applicant’s personal, social and professional profile and the results of the social investigation carried out by the Embassy.
It is advisable to seek an appointment with the person in charge for further information about this procedure.
Conditions and Required Documents
Basic Conditions
1. be of Muslim faith
2. Have a decent home;
3. Not exceed the age of 60 (for a man) and 55 years old (for a woman)
4. Be registered in the consular district
5. To be in a good health
Documents Required
1. Letter of motivation from the applicant(s)
2. Copy of the Consular Registration card of the applicant(s)
3. Birth certificate (s) of the applicant(s)
3. Family certificate of the couple (fiche familiale)
4. Police Clearance or Criminal Record (Casier Judiciaire)
5. Employment Certificate and last three (3) Pay slips of the Applicant(s)
6. Accommodation evidence (tenancy agreement, rent receipt…)
7. Medical Certificate (s) of good health of the Applicant(s)
8. A serological examination certificate (H.I.V).
9. A copy of the residence permits of each of the two spouses or any other document justifying their regular residence
10. The income tax notice for the past year
All documents must be provided in triplicate (one original and two copies), by each of the two spouses
Important:
A single woman meeting the above criteria can apply for an adoption.
Patronymic name match
The person (Kafil) having collected within the framework of the Kafala, a minor child (Makfoul) born of an unknown father, can proceed to the concordance of the patronymic name of the child collected with his, subject to the agreement, in the form of an authentic document of the mother, if she is known and alive.
The concordance of the patronymic name does not extend to filiations. It does not give right to transcription on the family record book.
For the change of name, the applicant must contact the Ministry of Justice, Keeper of the Seals, Directorate of Civil Affairs, under cover of the consulate, attaching the following documents:
● The birth certificate of the foster child.
● The birth certificate of each of the two spouses (transcribed certificates for persons born abroad).
● A photocopy of the Algerian national identity card or the consular registration card of each of the two spouses.
● The adoption (Kafala) issued by the competent Algerian court.
3. Succession
The devolution of inheritance refers to the relationship and the status of spouse.
In this context, the social service carries out the procedures relating to the liquidation of the estate's assets as well as the preservation of the social rights of the heirs (death benefit, survivor's pension, widow's pension).
The sharing "Fredha" is issued by the Algerian notary of the place of residence or the place of burial. It designates the heirs and the shares that each of them holds.
This document is essential for the liquidation of an estate.
Transfer of assets as part of an estate:
In accordance with Article 213 of the Customs Code, property left as an inheritance (furniture and personal effects) by an Algerian national who died in the country of residence may be imported by his family into Algeria exempt from foreign trade formalities and foreign exchange and free of duties and taxes.
Required conditions:
● The assets making up the estate must have belonged in full to the deceased before
his death
● The repatriation of these assets is carried out in one time within one year from the
date of establishment of the sharing “Fredha”
● only the duly authorized person can take the necessary steps
● The heirs can, by special power of attorney issued by a notary, authorize one of
them to transfer these assets to Algeria
Customs clearance will be carried out on presentation of the file including the following documents:
● A detailed inventory of estate assets duly completed dated and signed by the
applicant. This inventory must be legalized by the consular services.
● A customs declaration of release for consumption.
● A notarized copy of the sharing “Fredha” deed.
● the death certificate.
4. Body Transfer Authorization
It is important to note that the body transfer authorization allows the repatriation of the body for burial purposes in Algeria of a national who died abroad and whose identity and Algerian nationality is confirmed.
The transfer of the body is carried out according to the following modalities:
● The funeral organization chosen by the family undertakes the necessary steps to
compile the file to be provided to the consular post, in order to obtain authorization
to transfer the body.
● In the absence of family abroad, the consular post is empowered to take all the
steps necessary for the repatriation of the deceased when the latter is in possession
of a funded bank account. For unidentified Algerian or foreign people, the burial
authorization of the municipality (A.P.C) in Algeria is necessary.
5. Advice and social assistance
Research in the interest of families
The tracing request must be submitted by a family member, upon presentation to the head office of the consular post abroad or by sending a letter.
He must provide documents justifying the family relationship with the person who is the subject of the research. This request must be supported by any document likely to facilitate the location