Act No. 357 / 2003 Coll.
Act amending Act No. 40 / 1993 Coll., on the Acquisition and Loss of Citizenship of the Czech Republic, as amended
Valid
Law
Effective from 29.10.2003
Text versions:
29.10.2003
357
THE LAW
of 23 September 2003
amending Act No. 40 / 1993 Coll., on the acquisition and renunciation of citizenship of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 40 / 1993 Coll., on the Acquisition and Loss of Citizenship of the Czech Republic, as amended by Act No. 272 / 1993 Coll., Act No. 140 / 1995 Coll., Act No. 139 / 1996 Coll., Act No. 194 / 1999 Coll. and Act No. 320 / 2002 Coll., is amended as follows:
1. the following paragraph 3 is added to Article 1, including footnote (1a):
"(3) For the purposes of this Act, a child shall mean a natural person under 18 years of age if, under the law applicable to it, 1a) has not acquired maturity before.
(1a) For example, Paragraph 8 (2) of the Civil Code. '
2. in § 2 (e), the words "or § 18a" shall be replaced by "§ 18a or § 18b";
3. In Section 5, the words "less than 15 years old 'are deleted.
4. Paragraph 6 (2) is deleted.
Paragraphs 3 to 8 shall be renumbered paragraphs 2 to 7.
5. In Article 6 (2), the words "less than 15 years old 'are deleted.
6. In Article 6 (3), the words "less than 15 years old 'are deleted.
7. In Article 6 (4), the words "3 or 4 'are replaced by the words" 2 or 3' and the words "or, if the residence of a second parent living outside the Czech Republic is unknown 'are added at the end of the text.
8. In Article 6, the following paragraph 5 is inserted after paragraph 4:
"(5) If both parents of the child are deprived of parental responsibility, the exercise of their parental responsibility has been suspended or restricted, are not legally competent, or if the residence of the parents living outside the Czech Republic is unknown, a statement may be made by a court-appointed guardian or guardian of the child; parental consent is not required in such cases. ';
Paragraphs 5 to 7 shall be renumbered paragraphs 6 to 8.
9. In Article 6 (6), the words "they are over 15 years of age 'are replaced by the words" they have acquired maturity'.
10.Paragraph 6 (8), including footnote 3f, reads:
"(8) The competent authority shall issue a certificate of declaration; a copy of the declaration and certificate will be sent to the Ministry of the Interior (" the Ministry ') and the acquisition of citizenship of the Czech Republic will be notified
(a) Realm of residence in the Czech Republic, 3f)
(b) The police of the Czech Republic,
(c) regional military administration, where a natural person is subject to a military obligation.
3f) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (the Act on the registration of residents), as amended. '
11. in Article 7 (1), at the end of point (d), the dot is replaced by "a" and the following point (e) is added:
"(e) fulfils the obligations arising from the provisions of the special legislation governing the residence and entry of foreigners into the Czech Republic, 3g) the obligations arising from the special regulations governing public health insurance, social security, pension insurance, taxes, levies and charges.
3g) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended. "
12. In Paragraph 8, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) In order to demonstrate the condition set out in Section 7 (1) (e), the Ministry may request the tax office's confirmation of payment of taxes and charges, copies of tax returns, extracts from the business register, business papers or employment contracts, the health insurance undertaking's certificate of proper conduct and payments of public health insurance and the employer's certificate of income tax and of payments of public health insurance, social security and contribution to state employment policy. '
13. in the introductory sentence of Article 9 (1), the words "or, where appropriate, one of them," and the words "less than 15 years old" shall be deleted;
14. in Article 9 (1), point (b) is deleted;
Point (c) shall be renumbered (b).
15. in Article 9, the following paragraph 2 is inserted after paragraph 1:
"(2) Where a request referred to in paragraph 1 is made by only one of the parents, the latter shall, in addition to the documents referred to in paragraph 1 (a) and (b), also submit the consent of the other parent to a change in the citizenship of the child, provided that the exercise of parental responsibility by the other parent has not been restricted or suspended unless the latter's parental responsibility or legal capacity has been waived or the latter's residence is known outside the Czech Republic. If both parents of the child are deprived of parental responsibility, the exercise of their parental responsibility has been suspended or restricted, are not legally competent, or if the residence of the parents living outside the Czech Republic is unknown, a statement may be made by a court-appointed guardian or guardian of the child; parental consent is not required in such cases. ';
Paragraph 2 shall become paragraph 3.
16. in Article 9 (3), the words "less than 15 years old" shall be deleted;
17. in Paragraph 10 (1), the words "Ministry of the Interior of the Czech Republic (" Ministry of Interior ")" shall be replaced by the words "Ministry."
18. In Paragraph 10 (2), the last sentence is replaced by the following: "The Authority shall complete a questionnaire with the applicant, the content of which is set out in the Annex; through the Police of the Czech Republic, they will then send the request together with their opinion, the opinion of the Municipal Office and the documents provided for by this Act no later than 30 days after its submission to the Ministry. '
19. in Paragraph 10 (3), the word "interior" shall be deleted;
20. in Paragraph 10 (4), "Ministry of the Interior" is replaced by "Ministry."
21. in Article 10 (5), the word "interior" shall be deleted;
22. In Article 10, the following paragraph 6 is added:
"(6) The Office shall send a record of the composition of the national citizens' promise or a record of the receipt of the Act of Citizenship of the Czech Republic to the Ministry and shall notify the acquisition of citizenship
(a) the Czech Republic permanent residence office,
(b) The police of the Czech Republic,
(c) the territorial military administration, where a natural person is subject to a military obligation. "
23. in Article 11 (1), the word "interior" shall be deleted;
24. Paragraph 11 (2) reads as follows:
"(2) The Ministry may also waive the condition laid down in Section 7 (1) (b) if the applicant is allowed to reside on the territory of the Czech Republic, legally resides in the territory of the Czech Republic for at least 5 years, has a real relationship with the Czech Republic and
(a) the laws of the State of which he is a national do not permit his release from the State Union or refuse his release from the State Union;
(b) his release from the State Union is linked to disproportionate administrative charges or to other unacceptable conditions in a democratic state;
(c) the applicant could expose himself or persons close to persecution for reasons of race, religion, nationality, belonging to a particular social group or for political beliefs by submitting a request for release from the State;
(d) the granting of citizenship of the Czech Republic would be of significant benefit to the Czech Republic in particular in terms of scientific, social, cultural or sports, or
e) has in the past ceased citizenship of the Czechoslovak Republic or the Czech and Slovak Federal Republic or the Czech Republic, unless it is an applicant who is a national citizen of the Slovak Republic. "
25. In Paragraph 11, the following paragraph 3 is inserted after paragraph 2:
"(3) The condition laid down in Paragraph 7 (1) (b) may also be waived for an applicant who is allowed to reside in the Czech Republic for at least 5 years, has a real relationship with the Czech Republic and is legally present in its territory for at least 20 years. '
Paragraph 3 shall become paragraph 4.
26. In Article 11 (4), the word "interior 'is deleted and the words" and (e) are added at the end of the text of paragraph 4.
27. in Article 12 (1), the words "over 15 years of age" shall be deleted;
28. In Article 12 (2), the words "less than 15 years old 'are deleted.
29. in Article 12 (3), the word "interior" shall be deleted;
30. In Paragraph 13 (b), the words "(§ 17) except where the acquisition of foreign citizenship takes place in connection with the conclusion of a marriage or the birth of a child" shall be replaced by the words "by express will (§ 17 (1))."
31. in Article 16 (1), the words "age 15 years" are replaced by the words "age,"
32. In the introductory sentence of Article 16 (3), the words "or, where appropriate, one of them 'and the words" less than 15 years old' are deleted.
33. in Article 16 (3), point (b) is deleted;
Point (c) shall be renumbered (b).
34. In Article 16, the following paragraph 4 is inserted after paragraph 3:
"(4) Where only one of the parents makes a request under paragraph 3, he shall, in addition to the documents referred to in paragraph 3, also submit the consent of the other parent to a change in the citizenship of the child, provided that the exercise of parental responsibility of the other parent has not been restricted or suspended, has not been deprived of his parental responsibility or legal capacity, or that the residence of the other parent living outside the Czech Republic is unknown. If both parents of the child are deprived of parental responsibility, the exercise of their parental responsibility has been suspended or restricted, are not legally competent, or if the residence of the parents living outside the Czech Republic is unknown, a statement may be made by a court-appointed guardian or guardian of the child; parental consent is not required in such cases. ';
Paragraph 4 shall become paragraph 5.
35. In Article 16, the following paragraph 6 is added:
"(6) Upon receipt of the declaration of renunciation of citizenship of the Czech Republic, the Office will notify its expiry
(a) the reporting office of the current residence or last residence in the Czech Republic;
(b) The police of the Czech Republic,
(c) the territorial military administration, where a natural person is subject to a military obligation. "
36. Paragraph 17, including the title, reads:
Acquisition of foreign citizenship
(1) A national of the Czech Republic shall cease to be a citizen of the Czech Republic on the day on which he voluntarily acquires foreign citizenship on the basis of explicit expression of will (request, declaration, consent or other action to acquire foreign citizenship). The loss of citizenship of the Czech Republic will not take place in cases where foreign citizenship has been acquired in connection with the conclusion of a marriage with a foreign national, provided that the foreign citizenship of the spouse has been acquired during the marriage. The loss of citizenship of the Czech Republic will not occur even in cases where foreign citizenship was acquired by birth.
(2) The Office shall, upon receipt of a notification of the expiry of the citizenship of the Czech Republic, notify the Office of its expiry of:
(a) the reporting office of the current residence or last residence in the Czech Republic;
(b) The police of the Czech Republic,
(c) regional military administration, where a natural person is subject to a military obligation;
(d) to the Ministry, if the Czech Republic has not been notified to the Office by the Ministry. "
37. in Paragraph 18a (1), the words "under special laws (3b)" shall be replaced by the words "under special legislation (f), (3g)," footnote (3b) shall be deleted and the words "hereinafter referred to as" the declarant "shall be inserted after the words" live permanently in the Czech Republic. "
38. in Paragraph 18a (3), the words "less than 15 years old" shall be deleted;
39. in Paragraph 18a (4), the words "less than 15 years old" shall be deleted;
40. in Article 18a (5), the words "less than 15 years old" shall be deleted;
41.In Article 18a (7) (c), the words "county or equivalent" shall be replaced by "territorial."
42.In Paragraph 18a (7) (d), "Ministry of the Interior" is replaced by "Ministry."
43. The following Section 18b is inserted after Paragraph 18a:
(1) A national of the Slovak Republic, who, on 31 December 1992, had citizenship of the Czech and Slovak Federal Republic and who acquired citizenship of the Slovak Republic by grant between 1 January 1994 and 1 September 1999, may make a declaration on the acquisition of citizenship of the Czech Republic, unless such citizenship has already been acquired differently in the meantime.
(2) The competent representative office shall be responsible for accepting the declaration when the declaration is made abroad. If the declaration is made in the Czech Republic, the competent authority shall be responsible for its acceptance according to the place of permanent residence or the last permanent residence of the declarant in the Czech Republic. If the declarant has never had a permanent residence in the Czech Republic, the Office of the City of Prague 1 is responsible for accepting the declaration.
(3) The applicant shall demonstrate his identity and state in the declaration the place of current permanent residence or, where applicable, the last permanent residence in the Czech Republic; If he has never had such a stay, he shall state that fact.
(4) The declaration shall be accompanied by the birth certificate of the declarant and the instrument of citizenship of the Slovak Republic; where the declarant has entered into a marriage, the marriage certificate, divorce document or death certificate of the deceased spouse shall be attached as appropriate.
(5) The representative office which receives the declaration shall forward it together with the accompanying documents within 30 days at the latest to the competent authority referred to in paragraph 2.
(6) Parents may include a child in the declaration; this may not fulfil the condition set out in paragraph 1. The birth certificate of the child shall be attached to the declaration. If a declaration is made by only one parent, the declaration shall be accompanied by the consent of the other parent to acquire citizenship of the Czech Republic, unless the exercise of parental responsibility of the other parent has been restricted or suspended, if his parental responsibility or legal capacity has not been waived, or if the residence of the other parent living outside the Czech Republic is unknown.
(7) Parents may make a separate declaration for the child; this child may not fulfil the condition set out in paragraph 1 if at least one of the parents is a national of the Czech Republic. The declaration shall be accompanied by the documents referred to in paragraph 6.
(8) If both parents of the child are deprived of parental responsibility, the exercise of their parental responsibility has been suspended or restricted, are not legally competent, or if the residence of the parents living outside the Czech Republic is unknown, a statement may be made by a court-appointed guardian or guardian of the child; parental consent is not required in such cases. The delegate or guardian shall add to the application:
(a) the birth certificate of the child;
(b) a final decision by the court on its provision by the guardian or guardian.
(9) The competent authority shall verify that the conditions laid down in this Act for the issue of a certificate of citizenship of the Czech Republic are fulfilled by a declaration; If these conditions are met, the Office shall issue the certificate, failing which the declaration shall be refused by decision.
(10) The citizenship of the Czech Republic is acquired under this provision by a declaration from the date of issue of the certificate of acquisition of citizenship.
(11) Acquisition of citizenship of the Czech Republic will be notified by the competent authority
(a) the Czech Republic permanent residence office,
(b) The police of the Czech Republic, if the declarant is allowed to stay in the territory of the Czech Republic,
(c) regional military administration, if it is a person subject to a military obligation;
(d) the Ministry. ";
44. the following Article 18c is inserted after Article 18b:
(1) A citizen of the Slovak Republic who:
(a) was born in the territory of the Slovak Republic to parents, one of whom had the citizenship of the Czech Socialist Republic or the Czech Republic and the second citizenship of the Slovak Socialist Republic or the Slovak Republic; and
(b) on 31 December 1992, he was a citizen of the Czech and Slovak Federal Republic and at the same time the Slovak Republic under the age of 18;
may make a declaration on the acquisition of citizenship of the Czech Republic, unless such citizenship has already been acquired otherwise in the meantime.
(2) The competent representative office shall be responsible for accepting the declaration when the declaration is made abroad. If the declaration is made in the Czech Republic, the competent authority shall be responsible for its acceptance according to the place of permanent residence or the last permanent residence of the declarant in the Czech Republic.
(3) The applicant shall demonstrate his identity and state in the declaration the place of current permanent residence or, where applicable, the last permanent residence in the Czech Republic; If he has never had such a stay, he shall state that fact.
(4) The declaration shall be accompanied by the birth certificate of the declarant and the proof of citizenship of the Slovak Republic, as well as the documents of citizenship of the parents of the declarant at the time of his birth. Where the declarant has entered into a marriage, the marriage certificate, the proof of divorce or the death certificate of the deceased spouse shall be attached as appropriate.
(5) A declaration referred to in paragraph 1 may be made for the child by its parents or, where appropriate, by one of them. The declaration shall be accompanied by the birth certificate of the child and the proof of citizenship of the Slovak Republic as well as documents of citizenship of the parents at the time of birth. If a declaration is made by only one of the parents, the declaration shall be accompanied by the consent of the other parent to acquire citizenship of the Czech Republic if the exercise of parental responsibility of the other parent has not been restricted or suspended, has not been deprived of his parental responsibility or legal capacity, or if the residence of the other parent living outside the Czech Republic is not known.
(6) If both parents of the child are deprived of parental responsibility, the exercise of their parental responsibility has been suspended or restricted, are not legally competent, or if the residence of the parents living outside the Czech Republic is unknown, a statement may be made by a court-appointed guardian or guardian of the child; parental consent is not required in such cases. The guardian or guardian shall add to the declaration:
(a) the documents referred to in the second sentence of paragraph 5; and
(b) a final decision by the court on its provision by the guardian or guardian.
(7) The representative office which receives the declaration shall forward it together with the accompanying documents within 30 days at the latest to the competent authority referred to in paragraph 2.
(8) The competent authority shall verify that the conditions laid down in this Act for the issue of a certificate of citizenship of the Czech Republic are fulfilled by a declaration; If these conditions are met, the Office shall issue the certificate, failing which the declaration shall be refused by decision.
(9) The citizenship of the Czech Republic is acquired under this provision by a declaration from the date of issue of the certificate of acquisition of citizenship.
(10) Acquisition of citizenship of the Czech Republic is notified by the competent authority
(a) the Czech Republic permanent residence office,
(b) The police of the Czech Republic, if the declarant is allowed to stay in the territory of the Czech Republic,
(c) regional military administration, if it is a person subject to a military obligation;
(d) the Ministry. ";
45. in Paragraph 20 (3):
"(3) An application for a certificate of citizenship of the Czech Republic shall be submitted by a natural person at the earliest on the date on which he becomes of age; the child is requested by his legal representative. ';
46. In Section 21, the word "interior 'is deleted.
47. in Article 23 (2), the word "interior" shall be deleted;
48. in Paragraph 24 (3):
"(3) An application for citizenship of the Czech Republic shall be submitted by a natural person at the earliest on the date on which he becomes of age; the child is requested by his legal representative. ';
49. In Paragraph 26, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The fact that the residence of a second parent living outside the territory of the Czech Republic is not known (§ 6 (4), § 9 (2), § 16 (4), § 18b (6), § 18b (8), § 18c (5) and § 18c (6)) shall be demonstrated by a certificate or a decision issued by the competent authority of the State of which he is a citizen; if, for objective reasons, it cannot produce such a document, it shall be replaced by a declaration of honour. ';
50. the following Annex is added:
"Attachment to Act No. 40 / 1993 Coll.
Transitional provisions
1. A declaration on the acquisition or loss of citizenship of the Czech Republic made by children over 15 years of age or a request for citizenship made by such children before the date of entry into force of this Act, which will not be decided upon before its entry into force, shall be dealt with in accordance with existing legislation.
2. Applications made by Slovak nationals who, on 31 December 1992, had citizenship of the Czech and Slovak Federal Republic and who acquired citizenship of the Slovak Republic by a grant from 1 January 1994 to 1 September 1999 before the date of entry into force of this Act, which will not be decided by the date of entry into force of this Act, shall be deemed to have been made pursuant to Article 18b of Act No. 40 / 1993 Coll., as amended by that Act.
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 40 / 1993 Coll., on the Acquisition and Abandonment of Citizenship of the Czech Republic, as it follows from the laws amending it.
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 357 / 2003 Coll., amending Act No. 40 / 1993 Coll., on the Acquisition and Loss of Citizenship of the Czech Republic, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.10.2003 |
|---|---|
| Effective from | 29.10.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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