Czech Republic: Act No. 40/1992 on the Acquisition and Loss of Citizenship of the Republic (repealed)

Article 1 General Provisions

(1)  Natural persons - citizens of the Czech Republic and at the same time citizens of the Czech and Slovak Federal Republic on December 31, 1992 become citizens of the Czech Republic as of January 1, 1993.

(2)  The decision whether a natural person is a citizen of the Czech Republic, or was a citizen of the Czech and Slovak Federal Republic until December 31, 1992, shall be made on the basis of regulations valid at the time when the person was supposed to acquire or lose his/her citizenship.

Part ONE

Article 2 Acquisition of Citizenship

Citizenship of the Czech Republic can be acquired

a)   by birth (Article 3)

b)   adoption (Article 3a)

c)   by the establishment of paternity (Article 4)

d)   by being found on the territory of the Czech Republic (Article 5)

e)   by declaration (Article 6)

f)    by naturalization (Articles 7-12).

(amended by Law No. 272 of 12 October 1993)

Article 3 By Birth

A child acquires the right to citizenship of the Czech Republic by birth:

a)   provided at least one parent is the citizen of the Czech Republic, or

b)   provided the parents are stateless and at least one of them has permanent residence on the territory of the Czech Republic and the child is born on this territory.

Article 3a By Adoption

The child adopted by at least one parent being Czech citizen will obtain Czech citizenship with the date of decision of the court.
(inserted by Law No. 272 of 12 October 1993)

Article 4 By the Establishment of Paternity

A child born out of wedlock, whose mother is the citizen of a foreign state, or is stateless and whose father is the citizen of the Czech Republic, acquires the citizenship of the Czech Republic

a)   on the day of the identical declaration of the parents on the establishment of paternity, or

b)   on the day of entry into force of the court ruling establishing paternity.

Article 5 By Being Found on the Territory of the Czech Republic

A natural person under 17 years of age found on the territory of the Czech Republic is the citizen of the Czech Republic provided it is not established that he/she acquired citizenship of another state by birth.

Article 6 By Declaration

(1)  A natural person who was, on December 31, 1992, the citizen of the Czech and Slovak Federal Republic but not the citizen of the Czech or Slovak Republic may opt for citizenship of the Czech Republic by declaration.

(2)  The declaration is made before a district authority, in the capital of Prague before the municipal district authority, in the cities of Brno, Ostrava and Plzen, before the municipal authorities of these cities according to the place of permanent residence of the natural person making the declaration. Outside the Czech Republic the declaration is made at the Diplomatic Mission of the Czech Republic.

(3)  The competent authority shall issue a certificate of the declaration.

Article 7 By Naturalization

(1)  A natural person can become at his/her request a naturalized citizen of the Czech Republic upon meeting the following conditions:

a)         has continual residence on the territory of the Czech Republic for at least five years on the day of submitting his/her application;

b)         proves that he/she has been exempted from citizenship of another state or by becoming a naturalized citizen of the Czech Republic loses his/her citizenship of another state, provided he/she is not a stateless person;

c)         no sentence was pronounced on him/her in the past five years on charges of intentional crime;

d)         proves mastery of the Czech language.

(2)  Married couples may submit a joint application for becoming naturalized citizens of the Czech Republic.

(3)  The Ministry of Education, Youth and Sports of the Czech Republic defines in a generally binding legal regulation the criteria for proving the knowledge of the Czech language, pursuant to paragraph 1,(d).

Article 8

When applying for citizenship of the Czech Republic the applicant shall enclose his/her

a)   birth certificate and marriage certificate, if married, and possibly a document on divorce or the death certificate of the deceased spouse

b)   certificate of exemption from citizenship of another state, provided the applicant is not a stateless person or a person losing his/her existing citizenship upon acquiring citizenship of the Czech Republic

c)   excerpt from the record of crimes

d)   curriculum vitae.

Article 9

(1)  Parents of one of them may include in their application also a child under 15 years of age. In that case they will enclose:

a)         the birth certificate of the child

b)         the consent of the other parent to the change of citizenship of the child, provided this other parent was not deprived of his/her parental rights or responsibility for legal actions

c)         the certificate of exemption of the child from citizenship of another state, provided it is not stateless or a child losing its existing citizenship upon acquiring citizenship of the Czech Republic

(2)  A child under 15 years of age can become a naturalized citizen of the Czech Republic separately at the request of the legal representative. Documents listed in Paragraph 1 will be enclosed with the application.

Article 10

(1)  The rights to citizenship of the Czech Republic are accorded by the Ministry of the Interior of the Czech Republic (henceforward referred to as "Ministry of the Interior"); the applicant is issued a List of Naturalized Citizen of the Czech Republic.

(2)  The application is submitted to the district authority administering the applicant's place of permanent residence. The district authority interviews the applicant to examine his/her knowledge of the Czech language and files the result. The knowledge of the Czech language is not examined provided the applicant is, or was the citizen of the Slovak Republic.

Article 11

(1)  The Ministry of the Interior may refrain from insisting on the condition laid down in Article 7, paragraph 1,a) provided the applicant has a permanent residence on the territory of the Czech Republic, and

a)         was born on the territory of the Czech Republic, or

b)         has been living on the territory of the Czech Republic continually for at least ten years, or

c)         was in the past a citizen of the Czech Republic or of the Czech and Slovak Federal Republic, or

d)         was adopted by a citizen of the Czech Republic, and/or

e)         his wife (her husband) is a citizen of the Czech Republic or

f)          one of the parents is citizen of the Czech Republic or

g)         resettled in the Czech Republic by 31 December 1994 by invitation of the government..

(amended by Law No. 272 of 12 October 1993, Law No. 140 of 28 June 1995)

(2)  The Ministry of the Interior may further refrain from insisting on the condition laid down in Article 7, paragraph l b), provided the applicant has had a continual permanent residence on the territory of the Czech Republic for the period of at least five years and the legal regulations of the state of which the applicant is a citizen do not provide for exemption from citizenship or this state refuses to issue a certificate of exemption for the applicant from citizenship.

(3)  The Ministry of the Interior may moreover waive the condition determined in Article 7, para 1 c) in respect of a citizen of the Slovak Republic or former citizen of the Slovak Republic who has had continuous permanent residence in the territory of the Czech Republic from 31 December 1992 at the latest.
(inserted by Law No. 139 of 26 April 1996)

(4)  The Ministry of the Interior may further refrain from insisting on the condition laid down in Article 7, paragraph l d) in cases deserving special consideration.

Article 12 Oath of Citizenship

(1)  A natural person over 15 years of age who was accorded the rights to citizenship of the Czech Republic acquires the citizenship of the Czech Republic under Article 7 on the day of taking the following oath:

"I pledge on my honor allegiance to the Czech Republic. I pledge to observe all laws and other generally binding legal regulations. I pledge to fulfill all duties of a citizen of the Czech Republic".

(2)  A child under 15 years of age, included in the application of parents, acquires the citizenship of the Czech Republic on the day of acquisition of citizenship by at least one of the parents; provided the child was accorded the rights of citizenship separately it acquires them on the day of taking over the List on Acquisition of Citizenship of the Czech Republic by its legal representatives.

(3)  The Ministry of the Interior may refrain from insisting on the oath of citizenship. In such a case the natural person acquires the citizenship of the Czech Republic on the day of entry into effect of the decision not to insist on the oath of citizenship.

(4)  A natural person takes the oath of citizenship into the hands of the head of the district authority, in the capital of Prague into the hands of the secretary of the district authority, in the cities of Brno, Ostrava and Plzen into the hands of the secretaries of the municipal authorities of these cities competent according to the place of permanent residence, if abroad, into the hands of the head of the Diplomatic Mission of the Czech Republic.

Part TWO

Article 13 Loss of Citizenship

Citizenship of the Czech Republic may be lost

[original sub-para a) deleted by Law No. 139 of 26 April 1996 and sub-para b) and c) were renumbered]

a)   by declaration (Article 16)

b)   by acquisition of citizenship of another country (Article 17) with the exception of cases of acquisition of citizenship of a foreign country in connection with marriage or birth of a child.

Articles 14-15 [deleted by Law No. 139 of 26 April 1996]

Article 16 By Declaration

(1)  A citizen of the Czech Republic residing in a foreign country who is simultaneously citizen of a foreign state may declare that he renounces the citizenship of the Czech Republic.

(2)  The declaration under paragraph 1 shall be made at a Diplomatic Mission of the Czech Republic. The applicant shall state:

a)         when did he acquire citizenship of a foreign state,

b)         last place of permanent residence in the territory of the Czech Republic, or that never resided there.

Certificate of citizenship of the Czech Republic and document stating when did the applicant acquire citizenship of a foreign state shall be attached to the declaration.

(3)  Parents or, as the case may be, either parent may include in the declaration under paragraph 1 a child under 15 years of age who is citizen of the Czech Republic and simultaneously citizen of a foreign state. The following documents shall be attached to the declaration:

a)         birth certificate of the child

b)         consent of the other parent regarding loss of citizenship of the Czech Republic by the child, provided that the parent has not been deprived of his parental rights or legal capacity.

(4)  The Diplomatic Mission of the Czech Republic issues to the natural person a document on the loss of citizenship of the Czech Republic.

(paras (1) to (3) were amended by Law No. 139 of 26 April 1996)

Article 17 By Acquisition of Citizenship of Another Country

A citizen of the Czech Republic loses his/her citizenship of the Czech Republic at the moment he/she acquires at his/her own request, citizenship of another country with the exception of cases of acquisition of citizenship of another country by marriage or birth.

Part THREE - SPECIAL PROVISION ON CITIZENSHIP OF THE CZECH REPUBLIC IN CONNECTION WITH THE DISSOLUTION OF THE CZECH AND SLOVAK FEDERAL REPUBLIC

Article 18 Option for Citizenship

(1)  A citizen of the Slovak Republic may opt for citizenship of the Czech Republic by a declaration made on December 31, 1993 at the latest, provided:

a)         he/she has a continual permanent residence on the territory of the Czech Republic for the period of at least two years,

b)         he/she submits a document on exemption from citizenship of the Slovak Republic, with the exception of cases when the applicant proves that he/she has applied for exemption from citizenship of the Slovak Republic and his/her application was not complied with within three months and at the same time declares before the district authority he/she abandons citizenship of the Slovak Republic. This document shall not be required on the condition the option for citizenship of the Czech Republic annuls the citizenship of the Slovak Republic.

c)         he/she was not sentenced in the past five years on charges of intentional crime.

(2)  A citizen of the Slovak Republic who is not a permanent resident of the Czech Republic or the Slovak Republic may opt for citizenship of the Czech Republic by a declaration made on December 31, 1993 at the latest, provided:

a)         his/her last permanent residence before leaving for abroad was on the territory of the Czech Republic or provided at least one of his/her parents is a citizen of the Czech Republic.

b)         he/she submits a document on exemption from citizenship of the Slovak Republic, except he/she proves he/she has applied for exemption from citizenship of the Slovak Republic and his/her demand was not complied with within three months and declares at the same time before the district authority or at the Diplomatic Mission of the Czech Republic that he/she is abandoning citizenship of the Slovak Republic.

(3)  Provided both parents become citizens of the Czech Republic under the above-listed paragraphs, children under 15 years of age acquire citizenship of the Czech Republic; provided only one of a child's parents is alive, the child acquires the citizenship of this parent. The parents shall specify these children in their declaration on option for citizenship of the Czech Republic and enclose a document, with the exception of cases when they prove they had applied for exemption of the child from citizenship of the Slovak Republic and their demand was not complied with within three months and at the same time declare before the district authority that they abandon citizenship of the Slovak Republic on behalf of their child.

(4)  Parents may also opt for citizenship of the Czech Republic of their children under 15 years of age separately. They do so in a joint declaration; consent is not requested from a parent deprived of parental rights or responsibilities. The declaration made by one parent is sufficient provided the other parent is not alive or has been permanently staying abroad at an unknown address. They will enclose with the declaration a document on exemption of the child from citizenship of the Slovak Republic with the exception of cases when they prove that they had applied for exemption of the child from citizenship of the Slovak Republic and their demand was not complied with within three months and at the same time declare before the district authority that they abandon citizenship of the Slovak Republic on behalf of their child.

(5)  The declaration is made by a natural person before the district authority in the place of permanent residence or the place of the last permanent residence on the territory of the Czech Republic; abroad it is made at the Diplomatic Mission of the Czech Republic.

Article 18a

The citizen of the Slovak Republic born on its territory until December 31, 1939 and who's parents or at least one of them was born on the territory of the Czech Republic or the citizens of Slovak Republic reaching during 1993 the age of 60 can choose the Czech citizenship by declaration made until December 31 1993 at the local authority according with the permanent residence if he already applied for citizenship and it was not given to him before:

a)   he/she has a continual permanent residence on the territory of the Czech Republic for at least two years and

b)   he/she was not sentenced in the past five years on charges of international crime.

(inserted by Law No. 272 of 12 October 1993)

Article 19

(1)  By December 31, 1993, at the latest, the Ministry of the Interior may grant citizenship of the Czech Republic to a citizen of the Slovak Republic at his/her request provided he/she is over 15 but under 18 years of age and at least one of his/her parents is a citizen of the Czech Republic or provided he/she is a natural person whose husband (wife) is a citizen of the Czech Republic on the condition the applicant:

a)         is a permanent resident of the Czech Republic, and

b)         submits a document on exemption from citizenship of the Slovak Republic with the exception of cases when he/she proves that he/she applied for exemption from citizenship of the Slovak Republic and his/her demand was not complied with within three months and at the same time declares before the district authority that he/she is abandoning citizenship of the Slovak Republic.

(2)  The application is submitted to the district authority in the place of permanent residence of the applicant.

Part FOUR - FINAL PROVISIONS

Article 20 Documents on Citizenship

(1)  Documents proving citizenship of the Czech Republic are the following:

a)         identity card

b)         passport

c)         certificate or a document confirming citizenship of the Czech Republic

d)         certificate of legal responsibility to get married, provided it includes data on citizenship of the Czech Republic.

(2)  Certificates of citizenship of the Czech Republic are issued by district authorities in the place of permanent residence of applicants.

Article 21

Declarations on the option for and the loss of citizenship of the Czech Republic are drawn in duplicate. The Diplomatic Mission of the Czech Republic forwards both copies to the Ministry of the Interior.

Article 22

(1)  Documents issued by the authorities of a foreign state, submitted by natural persons under the present Act, shall be

a)         duly certified, if not otherwise provided in an international treaty by which the Czech Republic is bound,

b)         officially translated into the Czech language, provided they were issued in another language.

(2)  Provisions of paragraph 1 do not apply provided the documents are issued by respective authorities of the Slovak Republic.

Article 23

(1)  District authorities register all natural persons having acquired or lost citizenship of the Czech Republic, provided these persons are or were permanent residents of the district within the competence of the district authority. Provided they have never had permanent residence on the territory of the Czech Republic they are registered by the district authority in Prague 1.

(2)  Central registers of natural persons having acquired or lost citizenship of the Czech Republic are kept at the Ministry of the Interior.

(3)  the court which decided about the adoption of the child and based on this act the child acquired Czech citizenship (according to article 3a) announces this fact to the local authorities according with the permanent residence of the child, in maximum 10 working days since the legal decision have been made.

If the child doesn't have a permanent residence on the territory of the Czech Republic, the court announces the fact to the Prague 1 authority.

(sub-paragraph inserted by Law No. 272 of 12 October 1993)

(4)  The court or the local authority before which parents jointly confirm paternity or the court having established paternity of a child whose mother is a foreigner and whose father is the citizen of the Czech Republic, inform the district authority in the place of permanent residence of the child of this fact, within ten working days following the joint confirmation of parents or the entry into effect of the court ruling. Provided the child does not have permanent residence on the territory of the Czech Republic this fact is forwarded to the district authority in Prague 1.

Article 24 Determination of Citizenship

1.   In questionable cases, citizenship of the Czech Republic is determined by the district authority in the place of permanent residence or of the last permanent residence of the applicant on the territory of the Czech Republic. Provided the applicant has never had such residence, citizenship is determined by the district authority in Prague 1.

2.   The district authority issues the natural person a confirmation on the result of determination. If necessary for the natural person to exercise his/her rights, the confirmation shall include when or possibly on the basis of what provisions the natural person acquired or lost citizenship of the Czech Republic.

Article 25

Provided the demands of the applicant are met in full under the present Act, no decision on administrative proceedings is issued with the exception of the provision of Article 12, para 3.

Article 26

If not otherwise provided in the present Act, the competent body of state administration may refrain from insisting on the submission of documents required under Article 8,a) and c), Article 9.1a), and c), provided obtaining them would be connected with obstacles to surmount, and the real state of affairs can be found out exactly and completely without their submission.
(amended by Law No. 139 of 26 April 1996)

Article 27

Declarations made under the present Act are not subject to administrative charges.

Article 27a

Applications for Czech citizenship submitted pursuant to the Law of the Czech National Council No. 39/1969 Coll. on acquisition and loss of citizenship of the Czech Republic, as amended by the subsequent regulations, until December 31 1992 will be handled over according to principles valid until the date of the application.
(inserted by Law No. 272 of 12 October 1993, amended by Law No. 139 of 26 April 1996*)

Article 27b

The government can prolong [by decree] the terms given in the Article 18, para 1 and 2, Article 18a and Article 19 para 1 of this law until the 30 June 1994.
(inserted by Law No. 272 of 12 October 1993)

Article 28

Repealed hereby are:

(1)  Act 39/1969 of the Czech National Council on acquisition and loss of citizenship of the Czech Socialist Republic in the reading of Act 92/1990 of the Czech National Council

(2)  Act 165/1968 on the principles of acquiring and losing citizenship.

Article 29

The present Act enters into force on January 1, 1993.

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* [Ed note:] Article 1, para 6 of Law No.139 of 26 April 1996 inserted the phrase "pursuant to … subsequent regulations" after the word "made". It is assumed here that the word "submitted" was being used instead of "made".