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Law No. 194 from 29 July 1999 changing the Law No. 40/1993 Coll. on Acquisition and Loss of the Citizenship of the Czech Republic in the reading of later regulations

Publisher National Legislative Bodies
Author Czech Republic
Publication Date 2 September 1999
Cite as Law No. 194 from 29 July 1999 changing the Law No. 40/1993 Coll. on Acquisition and Loss of the Citizenship of the Czech Republic in the reading of later regulations [],  2 September 1999, available at: http://www.refworld.org/docid/3ae6b5918.html [accessed 17 April 2014]
Comments This is an unofficial translation.
DisclaimerThis 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.

The Parliament has adopted the following Act of the Czech Republic:

Part I

The Law No. 40 on Acquisition and Loss of the Czech Citizenship in the reading of the Law No. 272/1993, Law No. 140/1995 Coll. and Law No. 139/1996 Coll. is amended in the following way:

1.       In Article 2, letter e) the words "and Article 18a" are inserted after the words

"Article 6".

2.       In Article 3, letter b) reads as:

"b) if the parents are persons without state citizenship (further referred to as "stateless persons"), at least one of them has a permanent residence on the territory of the Czech Republic and the child was born on the territory of the Czech Republic."

3.       In Article 6 new paragraphs 2 to 6 are being inserted after the paragraph 1 which shall read as follows:

"(2)    The statement can be made independently by a natural person at soonest on the day when he/she reaches the age of 15.

(3)     Parents, or one of the parents, may include in a statement also a child under 15 years of age.

(4)     Parents, or one of the parents, may make an independent statement for a child under 15 years of age.

(5)     If a statement under paragraph 3 or 4 is made only by one of the child's parents, the consent of the second parent expressing his/her agreement with the option for Czech citizenship shall be attached unless parental responsibilities of this parent have been contested, limited or unless the parent was stripped of his parental responsibilities or legal capacity.

(6)     Descendants of a natural person, who was a citizen of the Czech and Slovak Federal Republic as of 31 December 1992 but who was neither a citizen of the Czech Republic, nor a citizen of the Slovak Republic, in direct lineage over 15 years of age may opt for the Czech citizenship in the form of a statement only if they have no other citizenship."

Paragraphs marked currently as 2 and 3 shall be marked as paragraph 7 and 8.

4.       In Article 7, para 1, letter a) and b) shall read:

"a)     has permanent residence on the territory of the Czech Republic as of the day of a submission of the application for at least five years and during this period has lived mainly on the territory of the Czech Republic,

b)      shall prove that by the acquisition of the Czech Republic citizenship will loose his current citizenship or shall prove that he/she lost his/her current citizenship unless he/she is a stateless person or a refugee recognized on the territory of the Czech Republic,"

5.       In Article 8, letter b) shall read:

"b)     a document confirming that by the acquisition of the Czech Republic citizenship he/she loose his current citizenship or a document confirming the loss of his/her previous citizenship unless he/she is a stateless person or a refugee recognized on the territory of the Czech Republic."

6.      In Article 8 at the end of text of letter c) the following words shall be inserted:

"in case of an applicant over 15 years of age; this document must not be more then six months old."

7.       In Article 9, para 1, letter c) shall read:

"c)     a document confirming that the child shall loose his current citizenship by the acquisition of the Czech Republic citizenship or a document confirming the loss of the child's current citizenship unless he/she is a stateless person or a refugee recognized on the territory of the Czech Republic."

8.       In Article 10, at the end of paragraph 2 the following sentence is inserted:

"The District Office shall forward the application to the Ministry of Interior within the maximum of 30 days after its receipt."

9.       In Article 10, after paragraph 2 new paragraphs 3 to 5 shall be inserted, including a footnote No. 3a), that shall read:

"(3)    The Ministry of Interior is obliged to assess an application for citizenship also from the point of view of the state security; it may ask for the position of the Police of the Czech Republic and intelligence service of the Czech Republic; positions containing information which are subject of classification under a special law3a) shall not become part of the file.

(4)     The administrative procedure on the acquisition of citizenship commences as of the day of the receipt of an application by Ministry of Interior.

(5)     The Ministry of Interior shall issue a decision on an application for citizenship within 90 days after the commencement of the administrative proceeding."

11.     In Article 11, para 1. letter a) to d) the word "or" is replaced by term ", or".

12.     In Article 11, paragraph 1, letter e) and f) comma is inserted after the words "the Czech Republic".

13. In Article 11 at the end of paragraph 1 the dot is replaced by the term ", or" and letter h) is added that shall read as:

"h) is a stateless person or a refugee recognized on the territory on the Czech Republic."

14. In Article 11, para 2 shall read:

"(2) The Ministry of Interior may further issue an exemption from the requirement set in Article 7, para 1, letter b) if an applicant has resided on the territory of the Czech Republic legally

a)       for a period of at least five years and if administrative regulations of the state of which he/she is a national do not permit the release from state citizenship or if such state refuses to issue a document on release of the applicant from the state citizenship or if the applicant's request for release from the state citizenship could expose the applicant or persons close to him to prosecution on the basis of race, religion, nationality, membership to special social group or political conviction or

b)      for the period of at least 20 years in cases other then as per Article 18 and 18a.

15. Paragraph 3 in Article 11 is cancelled.

16. In Article 16, para 1 after the words "the Czech Republic" the term "at soonest on the day he/she reaches the age of 15" are inserted.

17. Article 18 shall read:

"Article 18

(1)     A natural person who was a citizen of the Czech and Slovak Federal Republic as of 31 December 1992 and who acquired citizenship of the Slovak Republic by option within the period from 1 January 1993 until 31 December 1993 is considered as a citizen of the Czech Republic unless it is proved that he/she lost this citizenship under this Act after having opted for the citizenship of the Slovak Republic.

(2)     A national of the Czech Republic who was as of 31 December 1992 a citizen of the Czech and Slovak Federative Republic shall not lose the citizenship of the Czech Republic by the acquisition of the citizenship of the Slovak Republic."

18.     Article 18a, including footnotes 3b) and 3c) shall read:

"Article 18a

(1)     A natural person who had permanent residence on the territory of the Czech and Slovak Federative Republic who was not a national of the Czech Republic and who had permanent residence on the territory of the Czech Republic on the basis of special regulations3b) as of 31 December 1992 and this residence still continues or who lives permanently on the territory of the Czech Republic as of this date may make a statement on acquisition of the citizenship of the Czech Republic.

(2)     The statement as per paragraph 1 is made at a district office appropriate according to the place of permanent residence of the person making the statement or according to the place where the person permanently resides. The following shall be attached to the statement:

a)       the birth certificate and marriage certificate if the person is married or a divorce certificate or a death certificate in case that his/her spouse has deceased,

b)      documents confirming the person's permanent residence in the Czech Republic or the fact that he/she live on the territory of the Czech Republic permanently at latest as of 31 December 19923c).

(3)     Parents, or one of the parents, may include into the statement also a child under 15 years of age; this child does not have to meet the conditions stated in paragraph 1. The following documents shall be attached to the statement:

a)       the birth certificate of the child,

b)      the consent of the second parent with the acquisition of the Czech citizenship unless the parental responsibilities of this parent have been contested or limited or unless this parent was stripped of his parental responsibilities or legal capacity.

(4)     Parents, or one of the parents, may make a separate statement for a child under 15 years of age; such a child does not have to meet the conditions stated in paragraph 1 if at least one parent is a state citizen of the Czech Republic. Documents stated in paragraph 3 shall be attached to the statement.

(5)     If both parents of a child under the age of 15 have been stripped of their parental responsibilities or if the execution of their parental responsibilities has been contested or limited or if they have been stripped of their legal capacity, the statement can be made by a guardian appointed by a court or a custodian of the child; in this case the consent of the parents is not required. The guardian or custodian shall attach to the application:

a)       the birth certificate of the child,

b)      an effective court decision appointing him/her as  a guardian or a custodian of the child.

(6)     Citizenship of the Czech Republic comes into effect under this provision as of the day of the issuance of a confirmation on acquisition of the Czech Republic citizenship by a statement. If the requirements for issuance of such certificate are not met, the district office shall in its decision reject the statement.

(7)     The district office shall inform about the acquisition of the Czech Republic citizenship:

a)       the registration office at the place of permanent residence or a place where the natural persons resides permanently,

b)      the Police of the Czech Republic,

c)       district or corresponding level military office if the person concerned has a military duty,

d)      the Minister of Interior."

19.     Article 19 shall read:

"Article 19

Applications for acquisition of the Czech Republic citizenship submitted before the date this Law came into effect in cases in which a decision was not issued before this Law came into effect shall be considered as applications as per Article 18a."

20.     In Article 20 at the end of para 2 a new sentence is inserted:

"If the applicant never had such residence, the certificate on the Czech Republic citizenship shall be issued by the Municipal Office of Prague 1."

21.     In Article 20 a new paragraph 3 is being inserted which shall read:

"(3) Application for issuance of a certificate confirming the Czech Republic citizenship shall be submitted by a person over 15 years of age; in case of a person under 15 years of age this application is submitted by his/her legal guardian."

22.     In Article 21 after the words "on option" the term (Article 6)" is inserted and after the words "on the loss of the Czech Republic citizenship" the term "(Article 16)" is inserted."

23.     In Article 24 a new paragraph 3 is being inserted that shall read:

"(3)  Application for determination of Czech citizenship shall be submitted by a person at soonest on the day when he/she reaches the age of 15; in case of a person under 15 years of age by his/her legal representative."

24.     After Article 27b a new Article 27c is being inserted that shall read:

"Article 27c

A child whose guardians were, as of the day of his/her adoption, citizens of the Czech Republic or who became citizens of the Czech Republic as of 1 January 1969 acquired the Czech citizenship as of the day of the adoption unless he/she acquired this citizenship in another way."

Part II

The Chairman of the Chamber of Deputies is authorized to announce the complete wording of the Law No. 40/1993 Coll., on Acquisition and Loss of Citizenship of the Czech Republic resulting from the amendments in the Collection of Laws.

Part III

This Law comes into effect as of the day of its announcement.

Klaus Havel Zeman



3a) Article 3 of the Law No. 148/1998 Coll., on Protection of Classified Information changing certain laws.

3b) Law No. 135/1982 Coll., on Registration and Record-Keeping of the Residence of Citizens. Law No. 123/1992 Coll., on the Stay of Foreigners on the Territory of the Czech and Slovak Federative Republic in the reading of later regulations.

3c) Articles 34 to 39 of the Law No. 71/1967 Coll., on Administrative Proceeding (Administrative Code).

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