Bhutan Citizenship Act, 1985
|Publisher||National Legislative Bodies|
|Publication Date||10 June 1985|
|Cite as||Bhutan Citizenship Act, 1985 , 10 June 1985, available at: http://www.refworld.org/docid/3ae6b4d838.html [accessed 20 April 2014]|
|Comments||This is the official translation by the Bhutanese government.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
This Act may be called the Bhutan Citizenship Act, 1985. It shall come into force from the twenty third day of the fourth month of the Wood Bull year of the Bhutanese Calendar corresponding to 10th June, 1985. In case of conflict between the provisions of this Act and the provisions of any previous laws, rules and regulations relating to citizenship, the provisions of this Act shall prevail.
2. Citizenship by Birth:
A person whose parents are both citizens of Bhutan shall be deemed to be a citizen of Bhutan by birth.
3. Citizenship by Registration:
A person permanently domiciled in Bhutan on or before 31st December, 1958, and, whose name is registered in the census register maintained by the Ministry of Home Affairs shall be deemed to be a citizen of Bhutan by registration.
4. Citizenship by Naturalization:
A person desiring to apply for Bhutanese citizenship to the Ministry of Home Affairs in Form KA- 1 and KA-2 must fulfil and the following conditions to be eligible for naturalization:
a)The person must have attained the age of 21 years, and 15 years in the case of a person either of whose parents is a citizen of Bhutan;
b)The person must be mentally sound;
c)The person must have resided in Bhutan for 15 years in the case of Government employees and also in the case of applicants, either of whose parents is a citizen of Bhutan, and 20 years in all other cases. and this period of residence must be registered in the records of the Department of Immigration and Census;
d)The person must be able to speak, read and write Dzongkhag proficiently;
e)The person must have good knowledge of the culture, customs, traditions and history of Bhutan;
f)The person must have good moral character and should not have any record of imprisonment for criminal offences in Bhutan or elsewhere;
g)The person must have no record of having spoken or acted against the King, Country and People of Bhutan in any manner whatsoever, and
h)The person must be prepared to take a solemn Oath of Allegiance to the King, Country and People of Bhutan according to the prescribed Form KHA.
On receipt of the application Form KA- 1 for naturalization, the Ministry of Home Affairs will take necessary steps to check all the particulars contained in the application. The Ministry of Home Affairs will also conduct written and oral tests to assess proficiency in Dzongkha and knowledge of the culture, customs, traditions and history of Bhutan. The decision of the Ministry of Home Affairs on the question of eligibility for naturalization shall be final and binding. The Royal Government of Bhutan also reserves the right to reject any application for naturalization without assigning any reason.
5. Grant of Citizenship:
a)A person, whose application for naturalization has been favourably considered by the Ministry of Home Affairs, shall take the Oath of Allegiance according to Form KHA of this Act.
b)A person shall then be deemed to be a citizen of Bhutan upon receiving a Kasho from His Majesty the King of Bhutan according to Form GA of this Act.
6. Termination of Citizenship:
a)Any citizen of Bhutan who acquires the citizenship of another country shall cease to be a citizen of Bhutan. The wife/husband and children of that person if they were Bhutanese citizens shall have the right to remain as citizens of Bhutan provided they are permanently domiciled in Bhutan and are registered annually in the Citizenship Register maintained by the Ministry of Home Affairs.
b)Any citizen of Bhutan who has acquired citizenship by naturalization may be deprived of citizenship at any time if it is found that naturalization had been obtained by means of fraud, false representation or the concealment of nay material fact.
c)Any citizen of Bhutan who has acquired citizenship by naturalization may be deprived of citizenship at any time if that person has shown by act or speech to be disloyal in any manner whatsoever to the King, Country and People of Bhutan.
d)If both the parents are Bhutanese and in case of the children leaving the Country of their own accord, without the knowledge of the Royal government of Bhutan and their names are also not recorded in the Citizenship register maintained in the Ministry of Home Affairs, then they "I not be considered as citizens of Bhutan. (Resolution No. 16 (2) adopted by the National Assembly of Bhutan in its 62nd Session).
e)Any citizen of Bhutan who has been deprived of Bhutanese citizenship must dispose of all immovable property in Bhutan within one yew, failing which, the immovable property shall be confiscated by the Ministry of Home Affairs on payment of fair and reasonable compensation.