Act No. 194 / 1999 Coll.
Act amending Act No. 40 / 1993 Coll., on the Acquisition and Loss of Citizenship of the Czech Republic, as amended
Valid
Law
Effective from 02.09.1999
Text versions:
02.09.1999
194
THE LAW
of 29 July 1999
amending Act No. 40 / 1993 Coll., on the acquisition and renunciation of citizenship of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 40 / 1993 Coll., on the Acquisition and Loss of Citizenship of the Czech Republic, as amended by Act No. 272 / 1993 Coll., Act No. 140 / 1995 Coll. and Act No. 139 / 1996 Coll., is amended as follows:
1. in Article 2 (e), the words "or 18a" shall be inserted in brackets after the words "Article 6."
2. in § 3 (b):
"(b) if parents are persons without citizenship (hereinafter referred to as" homeless "), at least one of them is resident in the Czech Republic and the child is born in its territory."
3. In Article 6, the following paragraphs 2 to 6 are inserted after paragraph 1:
"(2) A declaration may be made separately by a natural person not earlier than the date on which he reaches the age of 15.
(3) Parents or, where appropriate, one of them may include a child under 15 years of age in the declaration.
(4) Parents or, where appropriate, one of them may make a separate declaration for a child under the age of 15.
(5) If only one of the parents of the child makes a declaration under paragraph 3 or 4, the consent of the other parent shall be attached to the choice of citizenship of the Czech Republic for the child, unless the exercise of parental responsibility by the other parent has been restricted or suspended or has been deprived of parental responsibility or of legal capacity.
(6) The descendants of a natural person who was a national citizen of the Czech and Slovak Federal Republic at 31 December 1992, but had neither the citizenship of the Czech Republic nor the citizenship of the Slovak Republic, in a direct line of 15 years of age or older, may choose the citizenship of the Czech Republic only by means of a declaration provided that they have no other citizenship. "
Paragraphs 2 and 3 shall be renumbered paragraphs 7 and 8.
4. in Article 7 (1) (a) and (b):
"(a) has been authorised for permanent residence in the Czech Republic on the date of application for a period of at least five years and is mainly present there for that period;
(b) proves that the acquisition of citizenship of the Czech Republic will render the citizenship of the Czech Republic forfeit, or that the citizenship of the Czech Republic has ceased, unless it is a homeless person or a person with a recognised refugee status in the Czech Republic, '.
5. in Paragraph 8 (b):
"(b) proof that, by acquiring citizenship of the Czech Republic, the existing citizenship or the existing citizenship, if not a homeless person or a person with a recognised refugee status in the territory of the Czech Republic, has ceased to exist,"
6. In Article 8, the following shall be added at the end of the text in point (c): "if the applicant is more than 15 years old; the document may not be more than six months old; ';
7. in Article 9 (1) (c):
"(c) proof that the child's citizenship of the Czech Republic has ceased to exist or that the existing citizenship of the child has ceased to exist, if not for a homeless person or a person with a recognised refugee status in the Czech Republic."
8. In Paragraph 10, the following sentence is added at the end of paragraph 2: "The District Office shall send an application to the Ministry of the Interior no later than 30 days after its submission. '
9. In Section 10, paragraphs 3 to 5, including footnote 3a, are added:
"(3) The Ministry of the Interior is required to assess the application for citizenship from the point of view of state security; may request opinions from the Police of the Czech Republic and the intelligence services of the Czech Republic; where the content of those opinions is a matter of secrecy under a special law, 3a) does not become part of the file.
(4) The administrative procedure for granting citizenship shall begin on the date on which the application was received by the Ministry of the Interior.
(5) The Ministry of the Interior will decide on the application for citizenship within 90 days of the start of the administrative procedure.
3a) § 3 of Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws. '
10. in the introductory sentence of Article 11 (1), the word "authorised" shall be inserted after the words "Czech Republic."
11. in Paragraph 11 (1) (a) to (d), "or" is replaced by "or";
12. in Article 11 (1) (e) and (f), a comma is inserted after the words "Czech Republic";
13. In Article 11, at the end of paragraph 1, the dot is replaced by "or 'and the following point (h) is added:
"(h) is homeless or has a refugee status in the Czech Republic."
14. Paragraph 11 (2) reads as follows:
"(2) The Ministry of the Interior may also waive the condition laid down in Section 7 (1) (b) if the applicant has been legally present in the Czech Republic
(a) for a period of at least five years, and where the legislation of the State of which the applicant is a national does not allow the release of a national union, or where that State refuses to issue proof of the release of the applicant from a state union, or where the applicant could expose himself or persons close to persecution on grounds of race, religion, nationality, belonging to a particular social group or for political conviction, or
(b) for a period of at least 20 years, if not for a case under Sections 18 and 18a. ';
15. in Article 11, paragraph 3 is deleted;
Paragraph 4 shall become paragraph 3.
16. In Paragraph 16 (1), the following words shall be inserted after the word "may ':" at the earliest the date on which it reaches the age of 15 years'.
17.
(1) A natural person who, at 31 December 1992, had the citizenship of the Czech and Slovak Federal Republic and who became a candidate for citizenship of the Slovak Republic during the period from 1 January 1993 to 31 December 1993 shall be deemed to be a national citizen of the Czech Republic unless it is established that the citizenship under this Act has ceased after the election of the Slovak Republic.
(2) A national of the Czech Republic, who, on 31 December 1992, had citizenship of the Czech and Slovak Federal Republic, will not lose his citizenship of the Slovak Republic. "
18. Paragraph 18a, including footnotes 3b and 3c, reads:
(1) A natural person who, on 31 December 1992, had citizenship of the Czech and Slovak Federal Republic, who was not a national citizen of the Czech Republic and who had permanent residence in the territory of the Czech Republic under special laws 3b) on 31 December 1992 and is still in residence or who has lived permanently in the Czech Republic since that date, may make a declaration on the acquisition of citizenship of the Czech Republic.
(2) The declaration referred to in paragraph 1 shall be made before the district office responsible for the place of residence of the declarant or, where appropriate, for the place where the declarant lives. The declaration shall be accompanied by:
(a) the birth certificate and, where the declarant has entered into marriage, the marriage certificate or, where appropriate, the proof of divorce or the death certificate of the deceased spouse;
(b) documents by which the declarant can prove permanent residence in the territory of the Czech Republic or the fact that he is permanently resident in the territory of the Czech Republic no later than 31 December 1992. (c)
(3) Parents or, where appropriate, one of them may include a child under 15 years of age in the declaration; the child may not fulfil the condition referred to in paragraph 1. The declaration shall be accompanied by:
(a) the birth certificate of the child;
(b) the consent of the second parent to acquire citizenship of the Czech Republic, provided that the exercise of parental responsibility of the second parent has not been restricted or suspended or has not been deprived of parental responsibility or legal capacity.
(4) Parents or, where appropriate, one of them may make a separate declaration for a child under the age of 15; this child may not fulfil the condition set out in paragraph 1 if at least one of the parents is a national of the Czech Republic. The declaration shall be accompanied by the documents referred to in paragraph 3.
(5) If both parents of a child under 15 years of age living on the territory of the Czech Republic are deprived of parental responsibility or the exercise of their parental responsibility has been suspended or limited or are not legally competent, a statement may be made by a court-appointed guardian or guardian of the child; parental consent is not required in such cases. The delegate or guardian shall add to the application:
(a) the birth certificate of the child;
(b) a final decision by the court on its provision by the guardian or guardian.
(6) According to this provision, citizenship of the Czech Republic is acquired on the date of issue of the certificate of acquisition of citizenship of the Czech Republic by a declaration. If the conditions for certification are not fulfilled, the district office shall reject the declaration by decision.
(7) Acquisition of citizenship of the Czech Republic is notified by the competent district office
(a) the reporting institution of the place of permanent residence or of the place where the natural person lives;
(b) The police of the Czech Republic,
(c) the district or equivalent of the military administration, if it is a person subject to a military obligation;
(d) Ministry of the Interior.
3b) Act No. 135 / 1982 Coll., on the reporting and registration of residents. Act No. 123 / 1992 Coll., on the residence of foreigners in the territory of the Czech and Slovak Federal Republic, as amended.
3c) § 34 to 39 of Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulation). '
19.
Applications for citizenship of the Czech Republic submitted before the entry into force of this Act, which will not be decided upon until its entry into force, shall be deemed to have been submitted in accordance with the provisions of Paragraph 18a. '
20. In Paragraph 20, the following sentence is added at the end of paragraph 2: "If the applicant has never had such a stay, the National Citizenship Certificate of the Czech Republic is issued by the District Office in Prague 1."
21. in Article 20, the following paragraph 3 is added:
"(3) An application for a certificate of citizenship of the Czech Republic shall be submitted by the person not earlier than the date on which he reaches the age of 15; for a person under 15 years of age, the application shall be made by his legal representative. ';
22. In Section 21, the words "(§ 6) 'are inserted after the words" on choice' and the words "on the expiry of citizenship of the Czech Republic 'are inserted.
23. In Article 24, the following paragraph 3 is added:
"(3) The application for citizenship of the Czech Republic shall be submitted by the person not earlier than the date on which he reaches the age of 15; for a person under 15 years of age, the application shall be made by his legal representative. ';
24. The following Section 27c is inserted after Section 27b:
A child whose adopters were, or would have become, nationals of the Czech Republic on the date of its adoption on 1 January 1969 has acquired citizenship of the Czech Republic, unless that citizenship has acquired otherwise. "
The President of the Chamber of Deputies is hereby authorised to declare in the Collection of Laws the full text of Act No. 40 / 1993 Coll., on the Acquisition and Abandonment of Citizenship of the Czech Republic, as is apparent from the laws amending it.
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 194 / 1999 Coll., amending Act No. 40 / 1993 Coll., on the Acquisition and Loss of Citizenship of the Czech Republic, as amended |
|---|---|
| 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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