Act No. 193 / 1999 Coll.
Act on citizenship of certain former Czechoslovak citizens
Valid
Law
Effective from 02.09.1999
193
THE LAW
of 29 July 1999
on citizenship of certain former Czechoslovak nationals
In order to mitigate the consequences of some of the injustices that occurred between 1948 and 1989, Parliament is aware that foreign Czechs and countrymen contribute to the maintenance and cultivation of national cultural heritage, as well as to the deepening of the relations of belonging to the Czech Republic, and that Czech exile has carried out important spiritual, political and cultural activities in favour of the restoration of freedom and democracy in its country and deserves extraordinary recognition, has passed on this law of the Czech Republic:
(1) A natural person who has lost his citizenship of the Czechoslovak Republic, the Czechoslovak Socialist Republic, the Czech Socialist Republic or the Czech Republic in the period from 25 February 1948 to 28 March 1990 by dismissal from the State Community1) or in the context of the acquisition of citizenship of another State with which the Czech Republic has or has concluded a treaty on the avoidance of double citizenship, 2) (hereinafter referred to as "former citizen") may acquire citizenship of the Czech Republic on the basis of a declaration on national citizenship of the Czech Republic (hereinafter referred to as "Declaration"), unless otherwise provided for in that international agreement.
(2) The former citizen shall prove his identity and shall indicate in the declaration:
(a) when and how citizenship is lost;
(b) the place of last residence in the Czech Republic; If he did not have such a stay, he shall state that fact.
(3) The declaration shall be accompanied by:
(a) the instrument (s) of release from the State Union or the decision to withdraw citizenship or the instrument (s) of naturalisation in the United States of America;
(b) birth certificate,
(c) marriage certificate, if it is a married person, divorced or widowed person,
(d) where appropriate, additional documents proving the correct form of his surname.
(4) A former citizen may make a statement on his own not earlier than the date on which he reaches the age of 18.
(1) A former citizen may include a natural person under the age of 18 (hereinafter referred to as "the child") in a declaration made under Paragraph 1, even if it is not a former citizen.
(2) In the case referred to in paragraph 1, the former citizen shall add to the declaration:
(a) the birth certificate of the child;
(b) the consent of the second parent to acquire the citizenship of the Czech Republic of the child, provided that the exercise of parental responsibility by the second parent has not been restricted or suspended or has not been deprived of parental responsibility or legal capacity;
(c) the consent of the child if it reaches the age of 15 at the date of the declaration.
(1) The competent representative office of the Czech Republic (hereinafter referred to as the "representative office") or the regional office, in the capital city of Prague, is the office of the city district designated by the Statute of the capital of Prague and in Brno, Ostrava and Pilsen by the magistrates of these cities (hereinafter referred to as the "office").
(2) Where a declaration is made in the Czech Republic, the competent authority shall, for its adoption, be permanently resident in the Czech Republic according to the place where the person making the declaration is resident; if he does not have such residence, the competent authority shall be in the territory of the Czech Republic according to his last permanent residence. If the person making the declarations has never had permanent residence on the territory of the Czech Republic, the Office of the City of Prague 1 is responsible.
(3) The representative office which received the declaration shall forward them together with the supporting documents to the competent authority.
The Office shall verify that the conditions laid down in this Law for declarations are met; if these conditions are met, it shall issue a certificate of acquisition of citizenship of the Czech Republic. Otherwise, the Office shall reject the declaration by decision.
The declaration provided for in Article 1 may be made within five years of the date of application of this law, otherwise this right shall cease to exist.
The declarations provided for in Article 1 which were not made within the time limit set out in Article 5 may be re-made as from 1 June 2005.
(1) The declaration provided for in Article 1 may be made by:
(a) a former citizen who did not have citizenship of the Czech Socialist Republic or the Czech Republic and who would become a citizen of the Slovak Socialist Republic on 1 January 1969, or
(b) a former citizen of the Slovak Socialist Republic, who has ceased that citizenship by releasing him from the state union or naturalisation in the United States of America between 25 February 1948 and 28 March 1990;
if his parents became or would become nationals of the Czech Socialist Republic on 1 January 1969, or had permanent residence in the territory of the Czech Socialist Republic or the Czech Republic at the time of his departure, if he was not a citizen of the Slovak Republic on the date of his declaration.
(2) The declaration shall be accompanied by the documents referred to in Article 1 (3) or, where appropriate, by the instrument of release from the State Union of the Slovak Socialist Republic or the Slovak Republic, or by a decision to withdraw the citizenship of that Republic and a certificate stating that it is not a national citizen of the Slovak Republic.
This law does not apply to a former citizen who did not have citizenship of the Czech Socialist Republic or the Czech Republic, and who
(a) would become a State citizen of the Slovak Socialist Republic on 1 January 1969 if it did not fulfil the conditions set out in Section 6; or
(b) after 1 January 1969, the Slovak Socialist Republic or the Slovak Republic has acquired citizenship and is still a citizen.
The acquisition of citizenship of the Czech Republic shall take place on the date of issue of the certificate referred to in Article 4.
Acquisition of citizenship of the Czech Republic will be announced by the Office
(a) the place of permanent residence or the last permanent residence in the Czech Republic,
(b) The police of the Czech Republic,
(c) the regional military administration, if it is a person subject to a military obligation; and
(d) Ministry of the Interior.
Documents accompanying the declaration referred to in Article 1 (3) issued by the authorities of a foreign State shall be submitted:
(a) with the necessary verifications, (3) unless the approved and declared international treaty, which the Czech Republic is bound by, provides otherwise;
(b) officially translated into the Czech language, 4) if they are issued in a foreign language, unless the approved and declared international treaty, which the Czech Republic is bound by, provides otherwise.
(1) If the person making the declarations does not have a document (certificate) of release from the State Union or a decision to withdraw citizenship, the Office shall verify the necessary information by official means.
(2) A document which is otherwise required under this Act shall not be provided if the fact in that Act can be verified by that authority from the population base register, from the population information system, from the alien information system, from the civil registration information system or from the travel document registration information system.
(3) The Office may not insist on the presentation of the documents referred to in points (b) to (d) of Paragraph 1 (3) if their procurement would be accompanied by a difficult obstacle. For the same reasons, they may not be required to be verified in accordance with Section 10 (a).
The Ministry of Interior and the Office shall use the following reference data from the basic population register for the purposes of this Act:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) the date, place and district of birth of the data subject who was born abroad, the date, place and state where he was born;
(e) the date, place and district of death, if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the day on which it did not survive and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(1) The Ministry of Interior and the Office use the following data from the information system of the population register for the purposes of this Act:
(a) the name and, where appropriate, the names, surnames, including previous surnames, surnames,
(b) the date of birth;
(c) sex;
(d) place and district of birth, where born abroad, place and state,
(e) birth number,
(f) citizenship and, where appropriate, multiple citizenship,
(g) the address of the place of permanent residence, including the previous addresses of the place of permanent residence, and, where appropriate, the address to which the documents are to be served under another legislation;
h) the beginning of the permanent residence or, where applicable, the date of cancellation of the permanent residence or the date of termination of the permanent residence in the Czech Republic;
(i) the removal or limitation of legal capacity, the name and, where applicable, the names, surnames and birth number of the guardian, if not allocated to him, the date, place and district of his birth; where the guardian is appointed by the local authority, the name and address of the registered office;
(j) the name and / or surname (s), including previous surnames, the birth number of the father, the mother, or any other legal representative; where one of the parents or other legal representative is not assigned the birth number, the name and, where applicable, the names, surnames and date of birth; where another legal representative of the child is a legal person, the name and address of the registered office;
(k) the family status, the date, place and district of the marriage, where the marriage was concluded outside the territory of the Czech Republic, the place and state, the date on which the court's decision to declare the marriage null, the date on which the court's decision on the absence of marriage became final, the date on which the marriage was terminated by the death of one of the spouses, or the date on which the court's decision on the divorce of the marriage was acquired, and the date on which the final decision on the death was declared as the day of death, or the date on which the court's decision on the divorce of the marriage was acquired;
(l) the date and place of establishment of the partnership, the date on which the court of invalidity or absence of partnership takes jurisdiction, the date of termination of the partnership by the death of one of the partners, or the date on which the court's decision to declare one of the partners dead, and the date on which the final decision of the court of death was referred to as the day of death, or, where appropriate, the date on which the court of annulment of the partnership was acquired,
(m) the name and, where applicable, the name, surname, including previous surnames, and the home number of the spouse or partner; where the spouse or partner is a natural person who is not assigned a birth number, the name or, where applicable, the name, surname of the spouse or partner and the date of birth;
(n) the name, names, surnames, including previous surnames, and the birth number of the child; if the child is a stranger who is not assigned a birth number, the name and, where applicable, the name, surname of the child and the date of birth;
(o) information on an adopted child within the scope of the date on which the adoption decision or decision to revoke the adoption of the child becomes final;
(p) the date, place and district of death; if the death of a citizen is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred,
(q) the date given in the court's decision on the death declaration as the day of death, or the day which he did not survive.
(2) Data which are kept as references in the population base register shall be used from the population registration information system only if they are in the form preceding the current situation.
(3) The Ministry of the Interior and the Office use the following data from the register of birth numbers for the purposes of this Act:
(a) the reason for the assignment of the birth number;
(b) the indication of the place of issue which the birth number has been assigned,
(c) the name and / or surname, surname and / or maiden name of the carrier of the birth number;
(d) birth number,
(e) the date on which the birth number was assigned,
(f) the date, place and district of birth and, in the case of the carrier of the birth number born abroad, the State in whose territory he was born.
(1) The Ministry of the Interior and the Office use the following data from the information system of aliens for the purposes of this Act:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) sex;
(d) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(e) birth number,
(f) citizenship and, where appropriate, multiple citizenship,
(g) the type and address of the place of residence in the Czech Republic,
(h) the beginning of the stay or, where appropriate, the date of termination of the stay;
(i) depriving or restricting legal capacity;
(j) the status of the family, the date and place of the marriage, the date on which the court's decision to declare the marriage null and void was taken, the date on which the court's decision on the absence of marriage was acquired, the date of the death of one of the spouses, or the date on which the court's decision on the death of one of the spouses was acquired, and the date on which the court's decision on the divorce was referred to as the date of death, or, where appropriate, the date on which the marriage was acquired,
(k) the date and place of establishment of the partnership, the date on which the court's decision on invalidity or absence of a partnership is acquired, the date on which the partnership is terminated by the death of one of the partners, or the date on which the court's decision to declare one of the partners dead, and the date on which the court's final decision on the death declaration was referred to as the date of death, or the date on which the court's decision to revoke the partnership was taken,
(l) the name and, where appropriate, the name, surname of the spouse or partner and his birth number; if the spouse is a foreigner who is not assigned a birth number, the name and, where applicable, the name, surname and date of birth;
(m) the name and, where appropriate, the name, surname and birth number of the child; where the child has not been assigned a birth number, the name and, where applicable, the names, surnames and date of birth;
(n) the name and, where applicable, the name of the father, the mother or any other legal representative and their birth number; where one of the parents or other legal representative is not assigned a birth number, name or, where applicable, names, surname and date of birth;
(o) information on an adopted child within the scope of the date on which the adoption decision or decision to revoke the adoption of the child becomes final;
(p) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(q) the date given in the court's decision on the death declaration as the day of death, or the day which he did not survive.
(2) Data which are kept as references in the population base register shall be used from the alien information system only if they are in the form preceding the current situation.
For the purposes of this Act, data from the basic register of residents, the information system of residents and the information system of foreigners may be further transmitted by the Ministry of Interior and the Office.
The Ministry of the Interior and the Office shall use the following data from the information system for the registration of civil ID cards and their holders for the purposes of this Act, in a manner enabling remote access:
(a) the name and, where appropriate, the name and surname;
(b) birth number,
(c) place and district of birth, where born abroad, place and state;
(d) the number or series of identity cards, where applicable;
(e) the date of issue of the identity card;
(f) the designation of the office which issued the identity card;
(g) the expiry date of the identity card;
(h) the numbers and, where appropriate, the series of lost, stolen, destroyed or invalid identity cards and the date of the declaration of loss, theft or destruction of the identity card.
The Ministry of the Interior and the Office shall use the following data from the travel document registration system and its holders for the purposes of this Act in a way that allows remote access:
(a) the name and, where appropriate, the name, surname and birth number;
(b) the place and district of birth, in the case of foreign birth, the State of birth;
(c) the number and type of travel document issued;
(d) the date of issue of the travel document;
(e) the date of receipt of the travel document;
(f) the expiry date of the travel document;
(g) an indication of the issuing authority;
(h) the number, type, date of issue and the expiry date of the travel document lost, stolen or invalidated and the date and place of its loss or theft.
Only such data as are necessary to fulfil the task may be used from the data used in a particular case.
Statements under this Act shall not be subject to administrative charges.
(1) (5) Unless otherwise provided for in this law, administrative rules shall apply to proceedings under this law.
(2) Where a declaration is accepted, no administrative decision shall be taken.
The areas established by the Regional Office, the offices of the City of Prague and the Municipality of Brno, Ostrava and Pilsen under this Act are the exercise of the delegation.
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) § 32 of the General Civil Code, Imperial Patent No. 946 of 1 June 1811. Immigration patent of 24 March 1832 sb. pol. zák. sv. 60, no. 34. § 1 of Act No. 71 / 1922 Coll. on Immigration. Section 6 of Act No. 194 / 1949 Coll., on the Acquisition and Abandonment of Czechoslovak Citizenship, as amended. Section 14 of Act No. 39 / 1969 Coll., on the Acquisition and Absence of Citizenship of the Czech Socialist Republic. Article II (1) (b) of Act No. 88 / 1990 Coll., amending and supplementing the provisions on the acquisition and loss of Czechoslovak citizenship.
2) In particular the Convention on Naturalisation between Czechoslovakia and the United States of North America No. 169 / 1929 Coll. and Act No. 60 / 1930 Coll. and n.a. (repealed by Communication No. 229 / 1997 Coll.).
3) Article 52 of Act No. 97 / 1963 Coll., on Private International Law and Procedural Law, as amended.
4) Act No. 36 / 1967 Coll., on Experts and Interpreters. Treaty between the Czech Republic and the Slovak Republic on the regulation of certain questions on the section Matrica and Citizenship No. 235 / 1995 Coll.
5) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
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Regulation Information
| Citation | Act No. 193 / 1999 Coll., on citizenship of certain former Czechoslovak citizens |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.09.1999 |
|---|---|
| Effective from | 02.09.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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