What is Act No. 186 / 2013 Coll.?

Act No. 186 / 2013 Coll., on citizenship of the Czech Republic and amending certain laws (Act on citizenship of the Czech Republic) — Act on citizenship of the Czech Republic and amending certain laws (Act on citizenship of the Czech Republic).

When it became Act No. 186 / 2013 Coll. effectiveness?

Act No. 186 / 2013 Coll. became effective 01.01.2014.

Is Act No. 186 / 2013 Coll. still valid?

Yes, Act No. 186 / 2013 Coll. is still valid and effective.

How many times was it Act No. 186 / 2013 Coll. amended?

Act No. 186 / 2013 Coll. has 8 time versions of the text.

Act No. 186 / 2013 Coll. - Act on citizenship of the Czech Republic...

186

THE LAW

of 11 June 2013

on citizenship of the Czech Republic and amending certain laws (Act on citizenship of the Czech Republic)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

STATE CITIZENSHIP OF THE CZECH REPUBLIC

HLAVA I

GENERAL PROVISIONS

§ 1

This law regulates the acquisition and withdrawal of citizenship of the Czech Republic, the demonstration and detection of citizenship of the Czech Republic, the issuing of certificates of citizenship of the Czech Republic (hereinafter referred to as "the certificate '), the keeping of records of natural persons who have acquired or lost citizenship of the Czech Republic, and offences in the area of citizenship.

§ 2

In this law, a child shall mean a natural person under 18 years of age, unless he has acquired full autonomy.

HLAVA II

LEVEL OF STATE CITIZENSHIP OF THE CZECH REPUBLIC

Díl 1

Ways for acquiring citizenship of the Czech Republic

§ 3

Citizenship of the Czech Republic

(a) born,

(b) determination of paternity,

(c) adoption;

(d) found in the territory of the Czech Republic,

(e) grant;

(f) a declaration; or

(g) in connection with the entrustment into a constitutional, foster or other form of replacement care ("replacement care").

Díl 2

Acquisition of citizenship of the Czech Republic by birth

§ 4

The child acquires citizenship of the Czech Republic by birth, if at least one of the parents is a Czech national on the day he was born.

§ 5

The citizenship of the Czech Republic is acquired by the birth of a child who is born on its territory and who would otherwise become a person without citizenship (hereinafter referred to as "homeless") if both parents of the child are homeless and at least one of them is allowed to stay on the territory of the Czech Republic on the date of childbirth (1) for a period of more than 90 days.

Díl 3

Acquisition of citizenship of the Czech Republic by paternity

§ 6

A child whose mother is not a citizen of the Czech Republic shall acquire citizenship of the Czech Republic on the date on which the decision of the court to determine the paternity of a Czech citizen becomes legal.

§ 7

(1) A child whose mother is not a citizen of the Czech Republic but is a citizen of another Member State of the European Union, of the Swiss Confederation or of a State Party to the Agreement on the European Economic Spaces2 (hereinafter referred to as "the State of the European Union"), or of a permanent residence 1) in the territory of the Czech Republic, shall acquire citizenship of the Czech Republic on the day on which the parent's consent for the determination of the paternity of a Czech citizen was made.

(2) A child whose mother is not a citizen of the Czech Republic, of the State of the European Union or does not have a permanent residence (1) in the territory of the Czech Republic or is not homeless shall acquire citizenship of the Czech Republic on the day on which the parent's consent was made to determine the paternity of a Czech citizen, provided that the parents have shown fatherhood to the matrices by genetic examination in the form of an expert opinion according to the law on experts and interpreters.

Díl 4

Acquisition of citizenship of the Czech Republic

§ 8

The child acquires citizenship of the Czech Republic by means of a decision of the institution of the Czech Republic, if at least one of the teachers is a national citizen of the Czech Republic, on the date on which the decision to adopt the decision becomes legal.

§ 9

The child, which has been adopted by a decision of a foreign state body and at least one of the adopters is a national of the Czech Republic, shall become a national of the Czech Republic on the date of the acquisition of the legal power of the decision on recognition of the adoption, provided that the adoption in the Czech Republic has been granted under the Act on International Private Law (3).

Díl 5

Acquisition of citizenship of the Czech Republic

§ 10

A child under 3 years of age found in the territory of the Czech Republic, whose identity cannot be ascertained, shall acquire citizenship of the Czech Republic on the day of being found in the territory of the Czech Republic, unless it becomes apparent within 6 months of being found that it has acquired citizenship of another state. In case of doubt as to the date of the finding, the date of acquisition of citizenship of the Czech Republic shall be decided in a procedure initiated ex officio or on a proposal made by the legal representative of the child or guardian, the Ministry of the Interior (hereinafter referred to as the Ministry).

Díl 6

Acquisition of citizenship of the Czech Republic by grant

§ 11

The Ministry decides on the granting of citizenship of the Czech Republic.

§ 12

There is no legal right to grant citizenship of the Czech Republic.

Conditions for granting citizenship of the Czech Republic

§ 13

(1) Citizenship of the Czech Republic may be granted if the applicant is integrated into a company in the Czech Republic, in particular as regards integration in terms of family, work, or social, and fulfils the other conditions set out in Section 14.

(2) The citizenship of the Czech Republic cannot be granted to an applicant who threatens the security of the state, its sovereignty and territorial integrity, democratic foundations, lives, health or property values.

§ 14

(1) Citizenship of the Czech Republic may be granted if the applicant is authorised to stay permanently on the territory of the Czech Republic (1) on the date of application

(a) for at least 5 years;

(b) for at least 3 years if the applicant is a citizen of a European Union State; or

(c) for a period of at least 10 years, together with the immediately preceding authorised stay in the Czech Republic.

Until the period of stay required in points (a) and (b), the period of any authorised stay in the Czech Republic before the age of 18 shall be counted.

(2) The citizenship of the Czech Republic may be granted if the applicant proves that he is actually present in the territory of the Czech Republic within at least one half of the period of residence as provided for in paragraph 1 (a) to (c). The period of absence of a stranger on the territory of the Czech Republic shall also be taken into account if the individual period of absence does not exceed 2 consecutive months, or for a serious reason 6 consecutive months; a serious reason is mainly pregnancy and birth of a child, serious illness, study, training or work trip.

(3) Citizenship of the Czech Republic may be granted to applicants over 15 years of age who:

(a) has not been convicted of a malpractice offence in respect of an unconditionally suspended sentence or an intentional offence;

(b) if he is in the Czech Republic for a period of less than 10 years, in a State of which he is a national citizen, not for an applicant who has been granted international protection in the territory of the Czech Republic in the form of asylum or supplementary protection4), or in countries where he has remained continuously more than 6 months after the date of application, for a negligent offence for an unconditional sentence or for an intentional offence.

The condition referred to in points (a) and (b) shall be fulfilled if the applicant is viewed as not being convicted or has been convicted in a foreign State for an act which is not criminal under the law of the Czech Republic.

(4) Citizenship of the Czech Republic can be granted to an applicant who can demonstrate knowledge of the Czech language. This condition may not be met by an applicant who has demonstrated that he has completed primary, secondary or university education for at least 3 school years in which the Czech language was the language of instruction, an applicant who is under 15 or over 65 years of age at the date of application, or an applicant with a physical or mental disability which makes it impossible to acquire knowledge of the Czech language.

(5) Citizenship of the Czech Republic can be granted to an applicant who can demonstrate basic knowledge of the constitutional system of the Czech Republic and basic orientation in cultural, social, geographical and historical realises of the Czech Republic. This condition may not be met by an applicant who proves that he has completed a basic, secondary or university course for at least three school years in which the Czech language was the language of instruction, an applicant who is under 15 or over 65 years of age at the date of application, or an applicant with physical or mental disabilities, which makes it impossible to acquire knowledge of the constitutional system of the Czech Republic and a basic orientation in cultural, social, geographical and historical realises of the Czech Republic.

(6) Citizenship of the Czech Republic may be granted to an applicant who, in the last 3 years preceding the date of application, has not seriously infringed the obligations arising from other legislation governing the entry and residence of foreigners in the territory of the Czech Republic (1), public health insurance, social security, pension insurance, employment, taxes, customs duties, levies and charges, maintenance obligation on a child who is permanently resident in the Czech Republic (1) or public obligations on the municipality in which the applicant is registered for residence, if the obligations imposed by the municipality are separate.

(7) The citizenship of the Czech Republic may be granted to an applicant who can prove the amount and source of his income or, where appropriate, the fulfilment of the reporting obligation for cross-border transport5) or the transfer of funds from abroad without cash and who pays tax on his income at the declared amount, provided that another person does not comply with this obligation under another legislation6). The information referred to in the previous sentence shall be furnished by the applicant for the period of the last 3 years preceding the date of application. This condition may not be met by an applicant who is under 18 years of age at the date of application.

(8) Citizenship of the Czech Republic may be granted to an applicant who can prove that his residence in the Czech Republic during the last 3 years preceding the date of application did not significantly and without serious reasons burden the system of state social support, the system of state social assistance benefit or the system of assistance in material distress. A significant burden on the State social assistance system, the State social assistance benefit system or the system of material emergency aid is that the applicant is mainly dependent on the benefits provided by the State social aid system, the State social assistance scheme or the system of emergency aid, unless it is a person who is excluded from the pursuit of a gainful activity because of his or her health status, is preparing for a future profession (7), or draws on maternity or parental leave, or is constantly taking care of another person who is dependent on such care.

§ 15

remission of certain conditions laid down for the grant of citizenship of the Czech Republic

(1) Compliance with the condition laid down in Paragraph 14 (1) may be waived to an applicant who is authorised to reside on the territory of the Czech Republic, and

(a) born in the Czech Republic,

(b) is or has been a national citizen of the Czech Republic or the Czech Socialist Republic (hereinafter referred to as the "Czech national citizen"), or until 1968, a State citizen of the Czechoslovak Republic or the Czechoslovak Socialist Republic (hereinafter referred to as the "Czechoslovak national citizen"),

(c) at least one of his parents is a national of the Czech Republic,

d) was adopted after the age of 18 by a Czech national,

(e) his spouse or registered partner (8) (hereinafter referred to as "partner") with whom he lives in the common household is a national citizen of the Czech Republic,

(f) is authorised for permanent residence in the territory of the Czech Republic for humanitarian reasons, other reasons worthy of special consideration, or if his stay in the territory is in the interest of the Czech Republic 1),

(g) is under 18 years of age at the date of application; or

h) is a homeless person or has been granted international protection in the territory of the Czech Republic in the form of asylum (4) if the validity of the decision granting this form of international protection continues.

(2) Compliance with the conditions laid down in Section 14 (2) may be waived to the applicant who is authorised to reside on the territory of the Czech Republic, and

(a) his spouse or partner (8) with whom he lives in the common household is a national citizen of the Czech Republic; or

(b) is under 18 years of age at the date of application.

(3) Compliance with the conditions laid down in Article 14 (4) and (5) may be waived for reasons of particular consideration.

(4) Compliance with the condition laid down in Paragraph 14 (6) may be waived if the applicant has removed the damage caused or taken effective measures to eliminate it.

(5) Compliance with the condition laid down in Paragraph 14 (8) may be waived for reasons of special consideration, in particular the fact that the applicant is homeless or has been granted international protection in the Czech Republic by means of asylum or supplementary protection4).

§ 16

Granting citizenship of the Czech Republic due to a significant contribution to the Czech Republic

(1) The Ministry may grant citizenship of the Czech Republic to an applicant who is allowed to reside permanently on the territory of the Czech Republic (1), and the granting of citizenship of the Czech Republic would be of significant benefit to the Czech Republic from the point of view of scientific, educational, cultural, sporting, international obligations of the Czech Republic or humanitarian purposes, or in another state interest. The applicant may not fulfil the conditions set out in Paragraph 14, except as set out in Section 14 (3).

(2) The applicant shall submit a document which has been issued to him by one of the ministries or other central administrative authorities (9), the President's Office, a public or state university, or a public research institute (10), certifying the grounds for the granting of citizenship of the Czech Republic pursuant to paragraph 1; the applicant shall not submit the document referred to in § 19 (g) or the documents referred to in § 20.

Procedure for granting citizenship of the Czech Republic

§ 17

The application for citizenship of the Czech Republic shall be submitted in person to the Regional Office, in the capital city of Prague, at the Office of the City, as set out in Annex 1 to this Act (hereinafter referred to as the Regional Office) responsible for the permanent residence of the applicant.

§ 18

(1) Spouses may submit a joint application for citizenship of the Czech Republic, in which they may include their children.

(2) If only one of the parents of the child makes an application for citizenship of the Czech Republic, the child may be included in the application only with the consent of the other parent with his officially certified signature. An officially certified signature shall not be required if the other parent gives his consent and signs the application before the administrative department to which the application is submitted. The consent of the second parent is not required if he has been relieved of parental responsibility, the exercise of his parental responsibility has been restricted or suspended in this area, if his residence is not, if he lives outside the Czech Republic, known or died.

(3) Parents or one of their parents may submit a separate application for the Czech Republic's citizenship for a child. Where an application is submitted by one of the parents, it may only do so with the consent of the other parent with his officially certified signature. The consent of the second parent and, where appropriate, the official verification of the signature shall not be required under the conditions referred to in paragraph 2. If both parents died, were deprived of parental responsibility, the exercise of their parental responsibility was limited or suspended in this area, or if their residence is not known, if they live outside the territory of the Czech Republic, they may submit a separate application for the citizenship of the Czech Republic for the child by its legal representative or guardian. The guardian shall add to the application a final decision by the court on his provision.

(4) It is not possible to submit a joint application of spouses or an application involving children if the applicant applies for citizenship of the Czech Republic pursuant to § 16.

(5) The application for citizenship of the Czech Republic to a child aged 15 years or older requires his consent to an officially certified signature. An officially certified signature shall not be required if the child gives his or her consent and signs the application before the administrative department to which the application is made.

§ 19

In addition to the formalities laid down in the Rules of Procedure, it must be apparent from the application for citizenship of the Czech Republic whether and for what reasons the conditions for the granting of citizenship of the Czech Republic are being waived. The application for citizenship of the Czech Republic shall be accompanied by:

(a) birth certificate;

(b) a marriage certificate or evidence of the creation of a registered partner8) (hereinafter referred to as "partnership"), provided that he has concluded a marriage or entered a partnership;

(c) a proof of divorce or a decision to terminate a partnership where the marriage has been divorced or the partnership has been abolished;

(d) death certificate of the deceased spouse or partner8),

(e) an extract from the criminal record or an equivalent document issued by a competent court or administrative authority of a foreign State or another document proving the integrity of the applicant pursuant to Article 14 (3) (b), or an honourable declaration of integrity, if it is a foreign State where the applicant has remained for a shorter period of time or the foreign State does not issue or refuse to issue an equivalent document to the applicant, hereinafter referred to as "proof of integrity"; such documents may not be more than 6 months old;

f) a CV, processed in the Czech language in a free form, including details of residence in the Czech Republic, including the length of foreign stays during this period, professional or other gainful activities and studies in the Czech Republic and family and social life,

(g) a proof of completion of the examination of knowledge from the Czech language, basic knowledge of the constitutional system of the Czech Republic and basic orientation in the cultural, social, geographical and historical realises of the Czech Republic for the purposes of the grant of citizenship (hereinafter referred to as the "test of language and reality"), or documents which demonstrate that, in the past, he has completed at least three school years of primary, secondary or university education in which the Czech language was the language of instruction, or that he is an applicant with a physical or mental disability which makes it impossible to acquire knowledge of the Czech language or the constitutional system of the Czech Republic and a basic orientation in the cultural, social, geographical and historical realisations of the Czech Republic, if not discussed with an applicant younger than 15 or older 65 years.

§ 20

(1) The applicant also adds to the application for citizenship of the Czech Republic

(a) documents proving the applicant's residence in the Czech Republic and abroad;

(b) certificates which are not more than 30 days old and which do not include a non-payment in the tax records of the tax authorities of the Czech Republic or of the customs authorities of the Czech Republic, except for a arrears payment for which it is permitted to wait his payment or to distribute his payment in instalments.

(2) In addition to the application, the applicant shall attach to the application documents proving the sources of his financial resources used to ensure his / her living needs in the Czech Republic, in particular:

(a) confirmation that he is the beneficiary of an old-age, invalidity or other pension;

(b) documents proving the income of the spouse or partner8) if the applicant is linked to his income;

(c) proof that it has foreign income.

(3) The applicant, who has carried out or performed dependent work in the Czech Republic, will also add to the application:

(a) a certificate of employment, including information on the amount of income;

(b) employment contracts or employment certificates, or other supporting documents proving the work activities of the applicant, to whom he has been involved in the Czech Republic in the past.

(4) The applicant studying or studying in the past in the Czech Republic also adds to the application

(a) a certificate of study;

(b) the last school diploma or other documents proving study.

§ 21

(1) The Regional Authority shall only complete a questionnaire on the application with the applicant and send it to the Ministry within 30 days of the date of submission of the application, together with the documents submitted and its opinion and the opinion of the municipal authority of the municipality in which the applicant is registered. the questionnaire is set out in Annex 2 to this Act.

(2) The opinions of the Municipal Office and the Regional Office contain a statement on the fulfilment of the conditions for the grant of citizenship of the Czech Republic, which may be assessed by the Municipal Office or the Regional Office on the basis of the information available to it.

§ 22

(1) Where the Ministry has doubts as to the accuracy of the information provided in the documents submitted, or considers it to be insufficient for the assessment of the application, it shall be entitled to request further information from another State authority, a local authority or a health insurance undertaking which is required to provide the requested information if it is available to them.

(2) For the purpose of demonstrating the condition set out in Paragraph 14 (3) (a), the Ministry shall, in accordance with another legislature11), request an extract from the Register of Penalties if applicants are more than 15 years old. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

(3) The Ministry will seek the opinions of the Czech Police and intelligence services of the Czech Republic for an application for citizenship of the Czech Republic, submitted by the applicant over 15 years of age; such opinions shall not be included in the file if they contain classified information. In the event that the proceedings reveal, on the basis of the opinion of the Czech Police or intelligence services containing classified information, that the applicant endangers the security of the State, its sovereignty and territorial integrity, democratic foundations, lives, health, or property value, the decision shall state only that the application was rejected because of a threat to the security of the State.

§ 23

(1) The Ministry will decide on the application for citizenship of the Czech Republic within 180 days of the date on which the application was received.

(2) The decision in the procedure on degradation against the decision to reject the application for citizenship of the Czech Republic shall be issued by the Minister within 120 days of the date of the submission of the decomposition.

§ 24

(1) If the application for citizenship of the Czech Republic is granted, the Ministry will issue to the applicant a document concerning the citizenship of the Czech Republic instead of a copy of the written copy of the decision. In such a case, the decision to grant citizenship of the Czech Republic shall take effect on the date referred to in Paragraph 27 (1).

(2) The Ministry will immediately inform the Regional Office of the granting of citizenship of the Czech Republic.

§ 25

If the Ministry rejects the application for citizenship of the Czech Republic, the applicant may submit a new application not earlier than 2 years after the date of the legal authority of the decision to refuse the application. This does not apply if the applicant was a child at the time when the application was refused or if the applicant had, in the meantime, met the condition laid down in Paragraph 14 due to the expiry of the time period, the non-compliance of which was the reason for the rejection of the application.

§ 26

Judicial review

The decision to reject the application for citizenship of the Czech Republic pursuant to § 22 (3) is excluded from the review by the court.

§ 27

State citizens' promise

(1) The citizenship of the Czech Republic shall be acquired on the date of the composition of the national citizens' promise, or on the date of the acquisition of the legal power of the decision to forgive the composition of the national citizens' promise, or on the date of the receipt of the instrument of the citizenship of the Czech Republic to a child under 15 years of age by his legal representative.

(2) The citizens' promise is: "I pledge allegiance to the Czech Republic in my honour. I promise to abide by its Constitution and other laws of the Czech Republic."

(3) The national citizens' promise is made by an applicant who has reached the age of 15 years.

(4) The civil oath shall be made publicly and ceremonially before the Director of the Regional Office, in the capital city of Prague, before the Secretary of the Office of the City of the City of Prague, set out in Annex 1 to this Act, or before the person appointed by it. In the case of reasons of special consideration, the civil oath may be lodged abroad in front of the head of the representative office or consular office of the Czech Republic, with the exception of the consular office held by the honorary consular officer (hereinafter referred to as the "representative office ') or before the authorised representative.

(5) The applicant may make a national citizens' promise no later than 12 months from the date on which the call for the national citizens' promise was delivered to him. If he does not take the civil oath within this period, the Ministry will stop the procedure by order and cancel the decision to grant citizenship to the Czech Republic.

(6) The Ministry may forgive the composition of the State's citizens' promise for reasons of particular concern.

Special arrangements for the grant of citizenship of the Czech Republic

§ 28

(1) The Ministry will grant citizenship of the Czech Republic to a child whose mother is not a citizen of the Czech Republic, the State of the European Union or a homeless, on the basis of an affidavit of parents on the determination of the paternity of a national citizen of the Czech Republic, if the determination of paternity by a national citizen of the Czech Republic was not merely of a purposeful nature, the purpose of which was in particular to obtain a residence permit for a child and his mother in the Czech Republic, the abuse of a benefit scheme of state social assistance or the abuse of a state aid system in the Czech Republic. In assessing whether the determination of the paternity of a Czech national to a child of a foreign national was not merely of a purposeful nature, the Ministry shall take into account in particular whether the father of the child to whom he has designated paternity,

(a) live with a child in the same household or in regular contact with the child;

(b) participate in the raising of the child; and

(c) fulfil a maintenance obligation towards the child.

(2) An application for citizenship of the Czech Republic pursuant to paragraph 1 may be made to the Ministry by the legal representatives of the child or guardian within 1 year of the date on which the parent's declaration of determination of paternity was made, where paternity was determined before the child was born, within 1 year of the date of birth. The applicant may not comply with the conditions laid down in § 14.

(3) If only one of the parents of the child makes an application, he may do so only with the consent of the other parent with his officially certified signature. An officially certified signature shall not be required if the other parent gives his consent and signs the application before the administrative department to which the application is submitted. The consent of the second parent is not required if he has been relieved of parental responsibility, the exercise of his parental responsibility has been restricted or suspended in this area, if his residence is not, if he lives outside the Czech Republic, known or died.

(4) The request is made to the Ministry. The application may also be lodged with any regional authority. The Regional Office shall send the request within 30 days of its submission to the Ministry. An application may be submitted abroad to the representative office, which shall send it within 30 days, together with its opinion to the Ministry; Paragraph 21 (2) shall apply mutatis mutandis to the content of the opinion. The application shall be accompanied by a legal representative or guardian of the birth certificate of the child and shall be accompanied by a questionnaire containing the identification of the child and the parents, the identification of the paternity and other facts relevant for the assessment of the application; the questionnaire is set out in Annex 2 to this Act. The guardian shall add to the request a final decision by the court on his provision.

(5) The time limit for the decision is 60 days from the date on which the request was received by the Ministry.

(6) The Ministry will request the opinion of the municipal authority from the place of residence of the child and his parents, the police of the Czech Republic and the institution of the social legal protection of children. Paragraph 21 (2) shall apply mutatis mutandis to the content of the opinion.

(7) During the proceedings and provided that the paternity of a national of the Czech Republic has been determined, the residence of the child in the Czech Republic is considered as a permanent residence (1).

(8) The acquisition of citizenship of the Czech Republic will take place on the day of the receipt of the instrument of citizenship of the Czech Republic by the legal representative of the child or guardian.

§ 29

(1) The Ministry grants citizenship of the Czech Republic to a child born in the territory of the Czech Republic and will not acquire citizenship of any of the parents and at least one of the parents is allowed to stay in the territory of the Czech Republic on the date of childbirth (1) for a period of more than 90 days.

(2) Applications for citizenship of the Czech Republic under paragraph 1 may be submitted to the Ministry by legal representatives of the child or by a guardian. The applicant may not comply with the conditions laid down in § 14.

(3) If only one of the parents of the child makes an application, he may do so only with the consent of the other parent with his officially certified signature. An officially certified signature shall not be required if the other parent gives his consent and signs the application before the administrative department to which the application is submitted. The consent of the second parent is not required if he has been relieved of parental responsibility, the exercise of his parental responsibility has been restricted or suspended in this area, if his residence is not, if he lives outside the Czech Republic, known or died.

(4) The citizenship of the Czech Republic referred to in paragraph 1 shall not be granted by the Ministry to a child who would become homeless solely because his or her parent would not take the nationality of that State in relation to the competent authorities of the State of which he or she is a national without serious reasons. If the parents of the child were granted international protection in the Czech Republic by means of asylum or supplementary protection4 at the time when the action was possible, this shall be deemed to be a serious reason in the first sentence.

(5) The acquisition of citizenship of the Czech Republic will take place on the day of the receipt of the instrument of citizenship of the Czech Republic by the legal representative of the child or guardian.

§ 30

(1) The Ministry will grant the citizenship of the Czech Republic to a natural person older than 3 years of age found in the territory of the Czech Republic who, for the degree of intellectual maturity or disability, will not be able to establish its identity if, within 6 months of the date of the finding, it does not reveal that it has acquired citizenship of another State. A natural person may not fulfil the conditions laid down in § 14.

(2) The application for the acquisition of citizenship of the Czech Republic by finding it in its territory is submitted to the Ministry by the guardian of the natural person whose citizenship is concerned, who will add to the request a final decision by the court on his provision. The application may also be lodged with any regional authority. The Regional Office shall send the request within 30 days of its submission to the Ministry. The Ministry may also initiate the procedure on its own initiative if it is informed of a natural person who can reasonably be expected to acquire the citizenship of the Czech Republic by finding in its territory in accordance with paragraph 1.

(3) The Ministry will request the opinion of the Municipal Office from the place of residence of the natural person whose citizenship is concerned and the Police of the Czech Republic. Paragraph 21 (2) shall apply mutatis mutandis to the content of the opinion.

(4) The acquisition of citizenship of the Czech Republic will take place on the date of receipt of the instrument of citizenship of the Czech Republic by the guardian.

Díl 7

Acquisition of citizenship of the Czech Republic by declaration

§ 31

(1) A declaration on the acquisition of citizenship of the Czech Republic (hereinafter referred to as the "Declaration") may give rise to the acquisition of citizenship of the Czech Republic by a natural person who has lost Czech or Czechoslovak citizenship before the date of the entry into force of this Act, if the expiry of Czechoslovak citizenship did not take place under the constitutional decree of the President of the Czech Republic on the modification of Czechoslovak citizenship of persons of German and Hungarian nationality or under the contract between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Zakarpatian Ukraine12), or if the Czechoslovak citizenship of the Slovak Socialist Republic or the Slovak Republic has not yet become a citizen on 1 January 1969.

(2) The declaration may also be made by a former Czechoslovak national who had a permanent residence on the territory of the Czech Republic or the Czech Socialist Republic before going abroad unless he is a national citizen of the Slovak Republic at the date of the declaration.

(3) A natural person whose parents or grandparents are at least one of the former citizens referred to in paragraph 1 may acquire citizenship of the Czech Republic by a declaration, provided that he is not a national citizen of the Slovak Republic on the date of the declaration.

(4) The declaration shall be accompanied by:

(a) birth certificate;

(b) a marriage certificate, a partnership document, and, where appropriate, a marriage document, a cancellation document, a death certificate of the deceased spouse or partner8),

(c) birth certificates of parents, their marriage certificate and, where applicable, proof of divorce or death certificates, where such documents are necessary for making a declaration;

(d) birth certificates of grandparents, their marriage certificate or, where appropriate, proof of divorce or death certificates, where such documents are necessary for making a declaration;

(e) a document proving the date and manner of the expiry of the Czech or Czechoslovak citizenship of the declarant or a document proving the date and manner of the expiry of the Czech or Czechoslovak citizenship of one of the parents or grandparents.

(5) Parents or, where appropriate, one of them may make a separate declaration for the child in accordance with paragraph 3. The declaration shall be accompanied, in addition to the documents referred to in paragraph 4, by:

(a) the birth certificate of the child;

(b) the consent of the second parent to acquire citizenship of the Czech Republic with his officially certified signature. The consent of the second parent is not required if he has been relieved of parental responsibility, the exercise of his parental responsibility has been restricted or suspended in this area, if his residence is not, if he lives outside the Czech Republic, known or died.

(6) If both parents died, were deprived of parental responsibility, the exercise of their parental responsibility was restricted or suspended in this area, or if their residence is not known, if they live outside the territory of the Czech Republic, a declaration on the acquisition of citizenship of the Czech Republic may be made for the child by a legal representative or guardian who attaches to the declaration