Citizenship Law of the Socialist Republic of Serbia

Article 1

Citizens of the Socialist Republic of Serbia have the citizenship of the Socialist Republic of Serbia.

Article 2

A citizen of the Socialist Republic of Serbia is, at the same time, a citizen of the Socialist Federal Republic of Yugoslavia.

Article 3

A citizen of another republic in the Socialist Federal Republic of Yugoslavia (hereinafter referred to as: the citizen of another republic) has the same rights and duties on the territory of the Socialist Republic of Serbia like a citizen of the Socialist Republic of Serbia.

II - ACQUIRING OF THE CITIZENSHIP OF THE SOCIALIST REPUBLIC OF SERBIA

Article 4

Citizenship of the Socialist Republic of Serbia may be acquired on the basis of the following:

1.         origin,

2.         birth on the territory of the Socialist Republic of Serbia,

3.         granting of citizenship of the Socialist Republic of Serbia to a citizen of another republic,

4.         naturalization,

5.         in accordance with international agreements.

1. Acquiring of the citizenship by origin

Article 5

A child may acquire the citizenship of the Socialist Republic of Serbia by its birth in the following cases:

1.         if both of its parents were citizens of the Socialist Republic of Serbia at the moment of its birth,

2.         if one of its parents was a citizen of the Socialist Republic of Serbia at the moment of its birth, and if it was born on the territory of the Socialist Republic of Serbia, unless the parents decide that the child should be a citizen of another republic,

3.         if one of its parents was a citizen of the Socialist Republic of Serbia at the moment of its birth, and if the child was born on the territory of another republic, provided that the parents have decided by mutual consent that the child should be a citizen of the Socialist Republic of Serbia,

4.         if one of the parents was a citizen of the Socialist Republic of Serbia at the moment of its birth while the other was a foreign national or a stateless person or a person whose citizenship has not been identified, provided that it was born on the territory of the Socialist Republic of Serbia,

5.         if one of its parents is a citizen of the Socialist Republic of Serbia and the other is a foreign national or a stateless person or a person whose citizenship has not been identified, and if the child was born abroad, provided that one parent has registered it with the competent authority in the Socialist Republic of Serbia or abroad for the purpose of having it entered in the citizens' register of the Socialist Republic of Serbia, or if the child has taken up permanent residence in the Socialist Republic of Serbia or the territory of another republic by the time it has attained the age of 18, provided that it has not acquired the citizenship of that republic according to the latter's regulations,

6.         if, at the moment of its birth, one of its parents was a citizen of the Socialist Republic of Serbia and the other parent has not been identified.

If a child who was born abroad and whose one parent is a citizen of the Socialist Republic of Serbia, is left without a republican citizenship, it shall acquire the citizenship of the Socialist Republic of Serbia, despite the fact that it does not meet a requirement under item 5 of the present article.

A child acquiring the citizenship of the Socialist Republic of Serbia in accordance with paragraph 1, item 5 and paragraph 2 of the present article shall be considered a citizen of the Socialist Republic of Serbia as of the moment of its birth.

2. Acquiring the citizenship by birth on the territory of the Socialist Republic of Serbia

Article 6

A child who was born or found on the territory of the Socialist Republic of Serbia and whose parents have not been identified, or if their citizenship has not been identified, or if they are stateless, shall acquire the citizenship of the Socialist Republic of Serbia. The child's citizenship of the Socialist Republic of Serbia shall cease if it is established by the time the child has attained the age of 14 that its parents are foreign nationals.

A child born or found on the territory of the Socialist Republic of Serbia of parents who have different republican citizenship, shall acquire the citizenship of the Socialist Republic of Serbia, if its parents decide by mutual consent that the child should acquire the republican citizenship of the republic the citizenship of which is that of one of the parents.

3. Acquiring the citizenship by granting the citizenship of the socialist republic of Serbia to a citizen of another republic

Article 7

A citizen of another republic shall acquire the citizenship of the Socialist Republic of Serbia if he/she has applied for citizenship and if he/she meets the following requirements:

1.         that he/she has attained the age of 18,

2.         that his/her place of residence at the time of applying for citizenship is on the territory of the Socialist Republic of Serbia.

A citizen of another republic who is married to a citizen of the Socialist Republic of Serbia may be granted citizenship of the Socialist Republic of Serbia even if the requirements under paragraph 1 of the present article have not been met.

Article 8

If both parents or one of them have acquired the citizenship of the Socialist Republic of Serbia by having been admitted from the citizenship of another republic, their child if younger than 18 shall also acquire the citizenship of the Socialist Republic of Serbia.

If one of the parents has acquired the citizenship of the Socialist Republic of Serbia and the other parent is a citizen of another republic, the child if younger than 18 shall also acquire the citizenship of the Socialist Republic of Serbia provided that both parents agree with that.

A citizen of the Socialist Republic of Serbia may apply for the citizenship of the Socialist Republic of Serbia for his/her adopted child who is underage even if the requirements under article 7, paragraph 1, item 2 have not been met.

If the child is older than 14, it is necessary to have the approval of the child as well in respect of acquiring the citizenship pursuant paragraph 1, 2, and 3 of the present article.

If a citizen of another republic is granted citizenship of the Socialist Republic of Serbia on the basis of articles 7 and 8 of the present Law, the Republican Secretariat of Internal Affairs shall inform the competent administrative authority of the republic whose citizen the person granted citizenship of the Socialist Republic of Serbia was.

4. Acquiring the citizenship by naturalization

Article 9

A foreign national who has applied for the citizenship of the Socialist Republic of Serbia may acquire the citizenship of the Socialist Republic of Serbia provided that he/she meets the following requirements:

1.         that he/she has attained the age of 18,

2.         that prior to applying he/she has spent three years without interruption on the territory of the Socialist Federal Republic of Yugoslavia,

3.         that judging by his/her conduct it can be decided that he/she will be a loyal citizen of the Socialist Federal Republic of Yugoslavia,

4.         that he/she has a release from his/her previous citizenship or provided that he/she submits evidence proving that he/she will obtain the release if he/she is granted citizenship of the Socialist Republic of Serbia.

The requirement under item 4, paragraph 1 will be considered to have been met if the person who has applied for citizenship is stateless or will lose his/her citizenship by naturalization on the basis of the law of the country whose citizen he/she is.

If a foreign state does not permit releasing or conditions releasing by requirements which cannot be met, it will be sufficient if the person who has applied for citizenship makes a statement that in case he\she acquires the citizenship of the Socialist Republic of Serbia he\she will renounce his\her foreign citizenship.

Article 10

An emigrant from the Socialist Federal Republic of Yugoslavia and a member of his family may acquire the citizenship of the Socialist Republic of Serbia even if they do not meet the requirements under article 9, paragraph 1, items 2 and 4 of the present Law.

A foreign national who contracts marriage with a citizen of the Socialist Republic of Serbia or with a citizen of another republic may acquire citizenship of the Socialist Republic of Serbia by naturalization even if he/she does not meet the requirements under article 9, paragraph 1, items 1 and 4 of the present Law.

A citizen of the Socialist Republic of Serbia may apply for the citizenship of the Socialist Republic of Serbia for his/her adopted child who is underage, on the basis of naturalization although the requirements under article 9 of the present Law have not been met. If the adopted child is above the age of 14 it is necessary to have its approval as well.

Article 11

A foreign national whose receiving of the citizenship of the Socialist Republic of Serbia would be in the interest of the Socialist Federal Republic of Yugoslavia may acquire citizenship of the Socialist Republic of Serbia by naturalization provided that he has applied for the citizenship of the Socialist Republic of Serbia even if he does not meet the requirements under article 9, paragraph 1, items 2 and 4 of the present Law.

Article 12

If both parents have acquired the citizenship of the Socialist Republic of Serbia by naturalization, their child who is younger than 18 shall also acquire the citizenship of the Socialist Republic of Serbia.

If one parent has acquired the citizenship of the Socialist Republic of Serbia by naturalization, his/her child if younger than 18 shall also acquire the citizenship of the Socialist Republic of Serbia, provided that the parent has made a request in that respect and provided that the child has been living in the Socialist Federal Republic of Yugoslavia.

If one of the parents has acquired the citizenship of the Socialist Republic of Serbia by naturalization, his/her child if younger than 18 shall also acquire the citizenship of the Socialist Republic of Serbia provided that both parents request that, regardless of the fact where the child has been living.

If the child has attained the age of 14 it is necessary to have its approval in respect of acquiring the citizenship pursuant to paragraphs 1 - 3 of the present article.

Article 13

The person who has acquired the citizenship of the Socialist Republic of Serbia by naturalization, shall become a citizen of the Socialist Republic of Serbia as of the date of delivery of the decision on acquiring the citizenship.

III - CESSATION OF THE CITIZENSHIP OF THE SOCIALIST REPUBLIC OF SERBIA

Article 14

The citizenship of the Socialist Republic of Serbia shall cease by:

1.         acquiring the citizenship of another republic,

2.         releasing from the citizenship,

3.         renouncing the citizenship,

4.         revocation,

5.         in accordance with international agreements

1. Cessation of the citizenship by according the citizenship of another republic

Art.15

The citizenship of the Socialist Republic of Serbia shall cease for a citizen of the Socialist Republic of Serbia if he/she is granted the citizenship of another republic upon his/her request.

The citizenship of the Socialist Republic of Serbia pursuant to paragraph 1 of the present article shall cease also in case of a child younger than 18 if both of its parents have lost the citizenship of the Socialist Republic of Serbia, or if one of them has lost it, provided that the other parent agrees with that.

The provision under paragraph 2 of the present article refers also to an adopted child who is underage.

If the child is older than 14, it is necessary to have its approval in respect of the cessation of citizenship pursuant to paragraph 2 and 3.

The citizenship of the Socialist Republic of Serbia shall cease as of the date of delivery of the decision on the acquiring of the citizenship of another republic.

2. CESSATION OF THE CITIZENSHIP BY RELEASE

Article 16

A release from the citizenship of the Socialist Republic of Serbia for the purpose of acquiring a foreign citizenship shall be granted to the person who has applied for such a release, provided that he/she meets the following requirements:

1.         that he/she has attained the age of 18,

2.         that there are no obstacles with regard to his compulsory military service,

3.         that he/she has settled the contributions, taxes, and other liabilities due on his/her part in relation to socio-political communities, organizations of associated labor, and other self-management organizations and communities in the Socialist Federal Republic of Yugoslavia,

4.         that he/she has settled his/her liabilities ensuing from social insurance and labor relationship,

5.         that he\she has settled his proprietary-legal obligations in respect of his/her matrimony and relations between parents and children in respect of persons living in the Socialist Federal Republic of Yugoslavia,

6.         that no criminal proceedings have been instituted against him/her in the Socialist Federal Republic of Yugoslavia on the basis of a criminal offense which is prosecuted on grounds of official responsibility, or, if such person has been sentenced to prison in the Socialist Federal Republic of Yugoslavia, that he/she has served such sentence,

7.         that the person has a foreign citizenship or that he/she has proven that he/she will be granted a foreign citizenship.

The authority mentioned under article 24 of the present Law shall reject an application for releasing from the citizenship of the Socialist Republic of Serbia even if the requirements under paragraph 1 of the present article have been met, if that is called for by security reasons or other particular interests of the state, or, if that is called for by the reasons of reciprocity or other reasons pertaining to relations with a foreign state.

The decision rejecting the application for releasing from the citizenship of the Socialist Republic of Serbia pursuant to paragraph 2 of the present article need not state the reasons that served as guidelines for the competent authority in its taking of the decision.

The citizenship of the Socialist Republic of Serbia of a person who has been released from it, shall cease as of the date of delivery of the decision on the releasing from the citizenship of the Socialist Republic of Serbia.

Article 17

The decision on the releasing from the citizenship of the Socialist Republic of Serbia shall become invalid and ineffective if the person who has been granted the release does not acquire the citizenship of a foreign state within a period of one year, and if such person goes on living in the Socialist Federal Republic of Yugoslavia.

The decision on the release may be invalidated upon the request of the person who has obtained the release or who has emigrated from the Socialist Federal Republic of Yugoslavia, if such person has not acquired a foreign citizenship within a period of one year as of the date of his emigration, provided that, within a period of three months, he/she has informed thereof the diplomatic or consular office of the Socialist Federal Republic of Yugoslavia abroad or the authority under article 24 of the present Law.

Article 18

The citizenship of the Socialist Republic of Serbia shall cease in respect of a child by the time it has attained the age of 18, upon the request of both of its parents whose citizenship of the Socialist Republic of Serbia has ceased on the basis of a release, or if their citizenship of the Socialist Republic of Serbia has ceased in that manner in case of one of the parents, provided that the other parent is a foreign national.

Release from the citizenship of the Socialist Republic of Serbia may be granted exceptionally to a child who has been living abroad permanently, and whose one parent is a foreign nationals provided that the child has been assigned to the parent who is a foreign national to be brought up and supported by the latter, and provided that the parent who is a citizen of the Socialist Republic of Serbia agrees with the release for the child.

If the child has attained the age of 14 it is necessary to have an approval of the child in respect of the cessation of its citizenship of the Socialist Republic of Serbia pursuant to paragraphs 1 and 2 of the present article.

3. Cessation of citizenship by renouncement

Article 19

A citizen of the Socialist Republic of Serbia who is of age and who was born abroad and has been living there and who also has a foreign citizenship, may renounce his citizenship of the Socialist Republic of Serbia by the age of 25.

Likewise, a mature citizen of the Socialist Republic of Serbia who was born in the Socialist Federal Republic of Yugoslavia and who has been living abroad permanently and has a foreign citizenship as well, has the right to renounce his citizenship of the Socialist Republic of Serbia, as provided for the person under paragraph 1 of the present article, after reaching the age of 25:

1.         provided that no criminal proceedings have been instituted against him/her in the Socialist Federal Republic of Yugoslavia on the basis of a criminal offense which is prosecuted on grounds of official responsibility, or, if he/she has been sentenced to prison in the Socialist Federal Republic of Yugoslavia, provided that he/she has served such a sentence.

2.         provided that he/she has settled his/her proprietary-legal obligations ensuing from his/her matrimony and from the relations between parents and children in respect of persons living in the Socialist Federal Republic of Yugoslavia,

3.         provided that he/she has settled the contributions, taxes and other obligations due on his/her part in relation to socio-political communities, organizations of associated labors, and other self-management organizations and communities in the Socialist Federal Republic of Yugoslavia.

The statement about renouncing the citizenship of the Socialist Republic ofSerbia shall be submitted to the diplomatic or consular office of the Socialist Federal Republic of Yugoslavia abroad or to the authority mentioned under article 24 of the present Law.

The citizenship of the person whose statement about renouncing the citizenship of the Socialist Republic of Serbia has been acknowledged by the authority under article 24 shall cease as of the date of submitting the statement and a separate decision shall be taken in that regard.

Article 20

A child's citizenship of the Socialist Republic of Serbia shall cease by the time it has attained the age of 18 upon the request of both of its parents whose citizenship of the Socialist Republic of Serbia has ceased on the basis of their renouncement or upon the request of one parent whose citizenship of the Socialist Republic of Serbia has ceased on the basis of his/her renouncement, provided that the other parent is a foreign national. In case of a child who has attained the age of 14, it is necessary to have its approval.

4. CESSATION OF CITIZENSHIP BY REVOCATION

Article 21

The citizenship of a citizen of the Socialist Republic of Serbia who is absent from the Socialist Federal Republic of Yugoslavia, and who has a foreign citizenship as well, shall be revoked if the conditions for revoking the citizenship pursuant to the provisions of the Federal Law have been met.

IV - REACQUIRING OF THE CITIZENSHIP

Article 22

A person whose citizenship of the Socialist Republic of Serbia has ceased in accordance with articles 18 or 20 of the present Law, while he/she was under age, shall reacquire the citizenship if he/she has taken up permanent residence in the Socialist Republic of Serbia by age of 25 and provided that he/she has applied for the citizenship.

V - COMMON PROVISIONS

Article 23

An application for acquiring and cessation of the citizenship of the Socialist Republic of Serbia shall be subsided to the municipal authority of internal affairs according to the place of dwelling of the applicant, and if the applicant has been living and dwelling abroad on a permanent basis for a period longer than 60 days - to the diplomatic-consular office of the Socialist Federal Republic of Yugoslavia abroad.

Foreign nationals who have temporary residence or who have taken up permanent residence in the Socialist Federal Republic of Yugoslavia shall submit apply for the citizenship of the Socialist Republic of Serbia to the municipal authority for internal affairs according to the place of their temporary or permanent residence. Applicants mentioned under paragraphs 1 and 2 of the present article shall be obliged to furnish evidence proving that they meet the requirements under article 9, paragraph 1, items 1, 2 and 4, and article 16, paragraph 1, items 1, 3, 4 and 7, as well as evidence proving that no criminal proceedings have been instituted against them in the Socialist Federal Republic of Yugoslavia because of a criminal offense which is prosecuted on grounds of official responsibility.

The municipal authority of internal affairs mentioned under paragraphs 1 and 2 of the present article and the diplomatic-consular office of the Socialist Federal Republic of Yugoslavia abroad mentioned under paragraph 1 of the present article, shall be obliged to forward the request of the applicant immediately, and within a period of eight days at the latest, to the Republican Secretariat for Internal Affairs.

Where persons from the territory of a socialist autonomous province are concerned, the application of an applicant shall be forwarded by the municipal authority for internal affairs to the Republican Secretariat for Internal Affairs, through the provincial secretariat for internal affairs.

Article 24

The Republican Secretariat for Internal Affairs shall decide on the acquiring and cessation of the citizenship of the Socialist Republic of Serbia and in case of persons and citizens, respectively, from the territory of a socialist autonomous province, the Republican Secretariat shall adopt a decision on the basis of a previously procured opinion of the provincial secretariat for internal affairs.

Article 25

The Republican Secretariat for Internal Affairs shall keep records of the acquiring and cessation of citizenship of the Socialist Republic of Serbia.

The records under paragraph 1 of the present article in respect of the persons from the territory of a socialist autonomous province shall be kept also by the provincial secretariat for internal affairs.

The certificate of citizenship of the Socialist Republic of Serbia and the certificate of citizenship of the Socialist Federal Republic of Yugoslavia shall be issued by the authority mentioned under paragraph 1 of the present article.

Article 26

Records of citizens of the Socialist Republic of Serbia, citizens of other socialist republics and citizens of the Socialist Federal Republic of Yugoslavia, who have been registered in the birth registers on the territory of the Socialist Republic of Serbia, shall be kept in the birth registers kept by the municipal administrative authorities which keep registry office registers, and in case of citizens who were not born on the territory of the Socialist Republic of Serbia, and who have not been entered in the records of citizens of other socialist republics, as well as in case of persons who have been granted citizenship of the Socialist Republic of Serbia by admission from the citizenship of other socialist republics, and who were not born on the territory of the Socialist Republic of Serbia, the records shall be kept in the citizens' registers kept by the municipal administrative authority keeping registry office registers, which is competent according to the place of dwelling of the citizen.

If a citizen of a socialist republic and the Socialist Federal Republic of Yugoslavia has not been entered in the citizens' records, the municipal administrative authority keeping registry office registers, which is competent according to the place of dwelling of the citizen, shall establish his citizenship of the socialist republic and shall carry out the procedure for registering that fact in the records of the citizens of the socialist republic and of the Socialist Federal Republic of Yugoslavia.

The certificate of citizenship of the socialist republic and the Socialist Federal Republic of Yugoslavia shall be issued by the municipal administrative authority keeping records of citizens.

The certificate of citizenship of the socialist republic shall also indicate the citizenship of the Socialist Federal Republic of Yugoslavia.

Article 27

(Deleted)

VII - TRANSITIONAL AND FINAL PROVISIONS

Article 28

A person considered to be a citizen of the Socialist Republic of Serbia is a person who has that citizenship on the date of taking of effect of the present Law, and if that citizenship has not been settled, it shall be established in accordance with the provisions of the present Law.

Article 29

The Republican Secretariat for Internal Affairs is hereby authorized to prescribe the manner of keeping citizenship records, the forms for keeping the records, as well as the form of the certificate of citizenship.

Article 30

The present Law shall be applied uniformly on the whole territory of the Republic in accordance with article 300, paragraph 1, item 1 of the Constitution of the Socialist Republic of Serbia.

Article 31

The Citizenship Law of the Socialist Republic of Serbia ("The Official Gazette of the Socialist Republic of Serbia, Number 13/65) shall cease to be valid with the taking of effect of the present Law.

Article 32

The present Law shall take effect on the eighth day as of the date of its publishing in "The Official Gazette of the Socialist Republic of Serbia".