Act of the Czech National Council No. 39 / 1969 Coll.
Act of the Czech National Council on the acquisition and renunciation of citizenship of the Czech Socialist Republic
Valid
Effective from 08.05.1969
39
THE LAW
Czech National Council
of 29 April 1969
on the acquisition and renunciation of citizenship of the Czech Socialist Republic
The Czech National Council, based on the principles of acquisition and renunciation of citizenship laid down by the law of the National Assembly, decided on this law:
Preliminary provisions
(1) A citizen of the Czech Socialist Republic (hereinafter referred to as "the Republic") is also a citizen of the Czechoslovak Socialist Republic.
(2) The need for national citizenship of the Republic renounces the citizen and citizenship of the Czechoslovak Socialist Republic.
State citizens of the Republic
Designation of citizenship
(1) The national citizen of the Republic is the one who, on 1 January 1969, had the citizenship of the Czechoslovak Socialist Republic (hereinafter referred to as the Czechoslovak national) if he was born in the territory of the Republic.
(2) A Czechoslovak citizen who was born abroad is a national of the Republic if he was registered for permanent residence on 1 January 1969. If he has not been registered for permanent residence in the territory of the Republic or in the territory of the Slovak Socialist Republic, he shall be the last permanent resident in the territory of the Republic, if and where applicable his parents, before going abroad.
Election of citizenship
A Czechoslovak national whose citizenship cannot be determined under § 2, nor will he become a national citizen of the Slovak Socialist Republic under the Slovak National Council, choose to become a state citizen of the Republic by declaration.
(1) A citizen of the Republic who became a citizen of the Slovak Socialist Republic, under Article 2 of this Act, may choose the citizenship of the Slovak Socialist Republic by declaration.
(2) The national citizenship of the Republic may be chosen by a declaration of the national citizen of the Slovak Socialist Republic, who became it on 1 January 1969 under the Law of the Slovak National Council. *)
(3) The declaration referred to in paragraphs 1 and 2 may be made by 31 December 1969 at the latest.
Citizenship of children
(1) If parents become national citizens of the Republic pursuant to § 2, 3 or 4, their citizenship and children under 15 shall be monitored. Otherwise, the provisions of Section 2 apply to the determination of citizenship of these children.
(2) Statements of the choice of citizenship of children under the age of 15 shall be made by their legal representatives; If both parents live, a similar statement shall be required if one of them is not deprived of parental rights.
Selection declaration
(1) The declaration of choice must show:
(a) who makes them;
(b) the place of birth or permanent residence on 1 January 1969 (the last permanent residence of the citizen or his parents in the Czechoslovak Socialist Republic),
(c) that the citizen making the declaration was a Czechoslovak national on 1 January 1969,
(d) which citizenship is chosen by the citizen.
(2) The spouses may make a declaration of choice together.
The election declaration shall be made at the local national committee responsible for the management of the matrix, abroad at the diplomatic mission or consular office of the Czechoslovak Socialist Republic, responsible for the whereabouts of the citizen.
Acquisition of citizenship of the Republic
Birthday
(1) A child whose parents are national citizens of the Republic is born into the citizenship of parents.
(2) A child whose parent is a national citizen of the Republic and a second national of the Slovak Socialist Republic shall be born of a national citizenship of the Republic if born in its territory. The child of these parents, who were born abroad, shall acquire the citizenship of the Republic, if the mother is a national citizen of the Republic. Parents may agree on the citizenship of the child and choose the citizenship of the Slovak Socialist Republic by a declaration made within 6 months after the birth of the child.
(3) A child whose parents are a national citizen of the Republic and of the Slovak Socialist Republic and who, under the Slovak National Council law, will acquire citizenship of the Slovak Socialist Republic shall become a national citizen of the Republic if parents agree to this by a declaration made within 6 months after the birth of the child.
(4) A child whose parent is a foreigner is born a national of the Republic if the other parent is a national of the Republic.
(5) The child found on the territory of the Republic shall be its national citizen until it is established that he has other citizenship.
By marriage
(1) The citizenship of the Republic may be chosen by a citizen of the Slovak Socialist Republic, who has married a national citizen of the Republic, by a declaration made within 6 months of the conclusion of the marriage. It shall be accompanied by the citizenship of the Republic and its children under 15 years of age over whom it exercises sole parental rights or on whom it agrees with the other parent and which it shall include in its declaration.
(2) A foreign citizen who has married a national citizen of the Republic shall acquire citizenship of the Republic if the district national committee, at its request, gives its consent. The application must be lodged no later than 6 months after the marriage. Together with a foreigner, her children under the age of 15 are becoming nationals of the Republic, which she has introduced into her application.
Granting
(1) The citizenship of the Republic may be granted at the request of a person who is permanently resident in the territory of the Republic for at least 5 years and who, if he is not homeless, loses his citizenship to date. Continuous residence in the territory of the Czechoslovak Socialist Republic before 1 January 1969 shall be deemed to be a continuous stay in the territory of the Republic for this purpose.
(2) The citizenship of the Republic may be granted to a citizen of the Slovak Socialist Republic who is registered in the territory of the Republic for permanent residence.
(3) In cases of special consideration, citizenship may be granted to an applicant who does not fulfil the conditions laid down in paragraphs 1 and 2.
(4) The spouses may apply for the citizenship of the Republic in a joint application. Every husband's request shall be examined separately. Children under the age of 15 who have been joined by their father or mother in their application shall acquire citizenship with their father or mother. If a national of the Slovak Socialist Republic includes children under 15 years of age in his application, the consent of a second parent shall be required to acquire the national citizenship of the Republic unless he is deprived of parental rights.
(5) The citizenship of the Republic is granted by the Ministry of the Interior.
State citizens' promise
(1) The acquisition of citizenship of the Republic by a foreigner becomes effective only by making the following promises:
"I promise in my honour and conscience that I will be faithful to the Czechoslovak Socialist Republic and the Czech Socialist Republic and to their socialist establishment and that I will perform all the duties of their citizen properly."
(2) Exceptionally, the composition of the State's citizens' promise may be waived by the Ministry of Interior; in that case, the acquisition of citizenship becomes an effective date on which the decision of remission became final.
(3) The State Civil Promise is accepted by the Regional National Committee, abroad by a diplomatic mission or consular office of the Czechoslovak Socialist Republic.
Jurisdiction of declaration
The declarations referred to in Articles 8 (2) and 8 (3) and 9 (1) shall be made at the local national committee responsible for the management of the matrices, responsible for the place of birth or, where appropriate, for the marriage or permanent residence of a citizen, abroad, at the diplomatic mission or consular post of the Czechoslovak Socialist Republic, responsible for the place of residence of the citizen.
Absence of citizenship
General provisions
(1) The citizenship of the Republic ceases to exist by the acquisition of citizenship of the Slovak Socialist Republic.
(2) A citizen of the Republic does not cease to be a citizen of the Republic by marriage.
(3) The need for the citizenship of the Republic with one spouse does not affect the citizenship of the other spouse or children, unless otherwise provided by this law.
Release
(1) State citizenship of the Republic shall cease to exist if the person is released from the State Union at his own request. Citizenship shall cease to exist on the date of service of the instrument of release.
(2) The spouses may request the release of the State in a joint application; each spouse's application shall be assessed separately. Children under 15 years of age who have joined their father or mother shall cease citizenship with their father or mother; where both parents live, the consent of the other parent shall be required for the application unless it is deprived of parental rights.
(3) The Regional National Committees decide on the release from the State Union.
Provisions common, transitional and final
The citizenship of the Republic is certified by the Regional National Committee and, where appropriate, by the Municipal National Committee. *)
(1) Save as otherwise provided in this law, local jurisdiction shall be governed by the permanent residence of the person whose citizenship is concerned. If that person is not resident in the territory of the Republic, local jurisdiction shall be governed by his last residence in the territory of the Republic; If there is no permanent residence on the territory of the Republic, the District National Committee in Prague 1 is responsible locally.
(2) The diplomatic mission or consular office of the Czechoslovak Socialist Republic, according to the place of residence of the person whose citizenship is concerned, shall be responsible for accepting the civil oath abroad.
(1) According to this Act, the birth of the Republic's citizenship gives rise to a child born between 1 January 1969 and the date of the entry into force of this Act.
(2) A child who was born abroad before the entry into force of this Act and whose parent is a citizen of the Republic and the other is a foreigner shall become a citizen of the Republic according to existing legislation. *)
The election or agreement under this Act shall take effect on the date on which the declaration is made. A declaration within the time limits laid down by this Law may only be made once.
(1) The authority which has accepted the declaration shall issue the citizen with a certificate of when the declaration was made and of which citizenship he has chosen.
(2) The conduct of the election or, where appropriate, the conclusion of a national citizenship agreement with the National Committee shall be noted on the identity card.
Statements made under this law shall not be subject to charges.
The procedure of the authorities in the implementation of this law will be further adapted by the Ministry of the Interior.
(1) Sections 3 (2) and 11 of Act No. 194 / 1949 Coll., on the acquisition and withdrawal of Czechoslovak citizenship, as amended by Act No. 72 / 1958 Coll., are hereby repealed.
(2) The provisions of international conventions governing citizenship remain without prejudice.
This Act shall take effect on the day of its publication.
Dr Emperor v. r.
Ing.
*) § 2 of Act SNR No. 206 / 1968 Coll., on the acquisition and renunciation of citizenship of the Slovak Socialist Republic.
*) Resolution of the National Assembly of CSSR No. 109 / 1967 Coll., which publishes the Model Statute of the Municipal National Committees (Part III, point B).
*) § 1 (2) of Act No. 194 / 1949 Coll., on the Acquisition and Absence of Czechoslovak Citizenship, as amended by Act No. 72 / 1958 Coll.
* *) § 7 of Act No. 194 / 1949 Coll., on the Acquisition and Abandonment of Czechoslovak Citizenship, as amended by Act No. 72 / 1958 Coll.
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Regulation Information
| Citation | Act of the Czech National Council No. 39 / 1969 Coll., on the acquisition and renunciation of citizenship of the Czech Socialist Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.05.1969 |
|---|---|
| Effective from | 08.05.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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