Print Date of entry into force:01 January 1993
[NOTE: This Act was amended by Act No. 272 of12 October 1993, Act No. 140 of28 June 1995and Act No. 139 of26 April 1996.]
Article 1General Provisions
(1) Natural persons - citizens of theCzech Republicand at the same time citizens of the Czech andSlovakFederalRepubliconDecember 31, 1992become citizens of theCzechRepublicas ofJanuary 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 atthetime when the person was supposed to acquire or lose his/her citizenship.
Part ONE
Article 2Acquisition of Citizenship
Citizenship of theCzechRepubliccan be acquired
aby birth (Article 3)
bby the establishment of paternity (Article 4)
cby being found on the territory of theCzechRepublic(Article 5)
dby declaration (Article 6)
eby naturalization (Articles 7-12).
Article 3By Birth
A child acquires the right to citizenship of theCzechRepublicby birth:
aprovided at least one parent is the citizen of theCzech Republic, or
bprovided the parents are stateless and at least one of them has permanent residence on the territory of theCzechRepublicand the child is born on this territory.
Article 4By 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 theCzech Republic, acquires the citizenship of theCzech Republic
aon the day of the identical declaration of the parents on the establishment of paternity, or
bon the day of entry into force of the court ruling establishing paternity.
Article 5By Being Found on the Territory of theCzechRepublic
A natural person under 17 years of age found on the territory of theCzech Republicis the citizen of theCzech Republicprovided it is not established that he/she acquired citizenship of another state by birth.
Article 6By Declaration
(1) A natural person who was, onDecember 31, 1992, the citizen of the Czech andSlovakFederalRepublicbut not the citizen of the Czech orSlovakRepublicmay opt for citizenship of theCzechRepublicby declaration.
(2) The declaration is made before a district authority, in the capital ofPraguebefore the municipal district authority, in the cities ofBrno,OstravaandPlzen, before the municipal authorities of these cities according to the place of permanent residence of the natural person making the declaration. Outside theCzechRepublicthe declaration is made at the Diplomatic Mission of theCzechRepublic.
(3) The competent authority shall issue a certificate of the declaration.
Article 7By Naturalization
(1) A natural person can become at his/her request a naturalized citizen of theCzechRepublicupon 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;
cno sentence was pronounced on him/her in the past five years on charges of intentional crime;
dproves mastery of the Czech language.
(2) Married couples may submit a joint application for becoming naturalized citizens of theCzechRepublic.
(3) The Ministry of Education, Youth and Sports of theCzechRepublicdefines in a generally binding legal regulation the criteria for proving the knowledge of the Czech language, pursuant to paragraph 1,(d).
Article 8When applying for citizenship of theCzech Republicthe applicant shall enclose his/her
abirth certificate and marriage certificate, if married, and possibly a document on divorce or the death certificate of the deceased spouse
bcertificate 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 theCzech Republic
cexcerpt from the record of crimes
dcurriculum vitae.
Article 9(1) Parents of one of them may include in their application also a childunder15 years of age. In that case they will enclose:
athe birth certificate of the child
bthe 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
cthe 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 theCzechRepublic
(2) A child under 15 years of age can become a naturalized citizen of theCzechRepublicseparately 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 theCzech Republicare accorded by the Ministry of the Interior of theCzechRepublic(henceforward referred to as "Ministry of the Interior"); the applicant is issued a List of Naturalized Citizen of theCzechRepublic.
(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,orwas the citizen of theSlovakRepublic.
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
awas born on the territory of theCzech Republic, or
bhas been living on the territory of theCzechRepubliccontinually for at least ten years, or
cwas in the past a citizen of theCzech Republicor of the Czech andSlovakFederalRepublic, or
dwas adopted irrevocably by a citizen of theCzechRepublic, or
ehis wife (her husband) is a citizen of theCzechRepublic.
(2) The Ministry of the Interior may further refrain from insisting on the condition laid down in Article 7, paragraphl,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 further refrain from insisting on the condition laid down in Article 7, paragraphl,d) in cases deserving special consideration.
Article 12Oath 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 theCzechRepublic. I pledge to observe all laws and other generally binding legal regulations. I pledge to fulfill all duties of a citizen of theCzechRepublic".
(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 theCzechRepublicon 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,OstravaandPlzeninto 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 13Loss of Citizenship
Citizenship of theCzechRepublicmay be lost
aby exemption from citizenship of theCzechRepublic(Articles 14 - 15)
bby declaration (Article 16)
cby 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.
Article 14Exemption from Citizenship of theCzechRepublic
(1) A citizen of the Czech Republic will be exempt from citizenship of the Czech Republic at his/her own request provided he/she does not have permanent residence on its territory and submits a document proving:
ahe/she acquired citizenship of a foreign country beforeJanuary 1, 1993, or
bwas promised to be granted citizenship of a foreign country.
(2) Married couples may submit a joint application for exemption from citizenship.
(3) Parents, or one of them, may include in their application a childunder15 years of age.
(4) A person loses his/her citizenship of theCzech Republicupon taking over the List on Exemption from Citizenship of theCzech Republic.
(5) A citizen of theCzechRepublicis exempt from citizenship of theCzech Republicby the district authority competent according to the place of the latest permanent residence of the applicant on the territory of theCzech Republic; provided the applicant had no such residence the competent authority is the district authority inPrague1.
Article 15(1) Applications for exemption from citizenship of theCzechRepublicare submitted through the Diplomatic Mission of theCzechRepublicin the place of permanent residence of the applicants or to the highest authority in the place of the last permanent residence of applicants on the territory of theCzechRepublic.
(2) Applications for exemption from citizenship of theCzechRepublicshall include:
a the birth certificate, the marriage certificate, provided the applicant is married, as well as the document on divorce or the death certificate of the deceased spouse if applicable
ba document on acquisition of citizenship of another country or a document promising naturalization
ca document on a change of given names or surname of the applicant, provided such change is not understood from documents listed under point a).
(3) Provided the application includes a childunder15 years of age the parent will enclose:
athe birth certificate of the child
ba document on acquisition of citizenship of another country or a document promising naturalization
cconsent of the other parent with the change of citizenship of the child, provided this parent was not deprived of parental rights or responsibilities.
Article 16By Declaration
(1) A citizen of theCzechRepublicliving abroad for at least ten years may declare he/she is abandoning citizenship of theCzechRepublic.
(2) Declaration under paragraph 1 is made at the Diplomatic Mission of theCzechRepublicin the place of permanent residence of the applicant abroad. The applicant shall state in the declaration:
asince when he/she has been staying abroad
bthe place of the last permanent residence on the territory of theCzech Republicor that he/she has never stayed on the territory of theCzechRepublic.
Enclosed with the declaration shall be a document on citizenship of theCzechRepublicwhich can be substituted by a valid passport.
(3) Parents, or one of them, may include in the declaration a childunder15 years of age; meeting of the condition listed in paragraph 1 is not required. Enclosed with the declaration shall be:
athe birth certificate of the child
bthe consent of the other parent with the loss of citizenship of theCzechRepublicby the child, provided this parent was not deprived of his/her parental rights or responsibilities.
(4) The DiplomaticMissionof theCzech Republicissues to the natural person a document on the loss of citizenship of theCzechRepublic.
Article 17By Acquisition of Citizenship ofAnotherCountry
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 THECZECH REPUBLICIN CONNECTION WITH THE DISSOLUTION OF THE CZECH ANDSLOVAKFEDERALREPUBLIC
Article 18Option for Citizenship
(1) A citizen of theSlovakRepublicmay opt for citizenship of theCzechRepublicby a declaration made onDecember 31, 1993at the latest, provided:
ahe/she has a continual permanent residence on the territory of theCzech Republicfor 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 theCzech Republicannuls the citizenship of theSlovakRepublic.
che/she was not sentenced in the past five years on charges of intentional crime.
(2) A citizen of theSlovakRepublicwho is not a permanent resident of theCzech Republicor theSlovakRepublicmay opt for citizenship of theCzechRepublicby a declaration made onDecember 31, 1993at the latest, provided:
ahis/her last permanent residence before leaving for abroad was on the territory of theCzech Republicor provided at least one of his/her parents is a citizen of theCzech 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 theCzechRepublicunder the above-listed paragraphs, children under 15 years of age acquire citizenship of theCzech 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 theCzechRepublicof their childrenunder15 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 theCzechRepublic; abroad it is made at the Diplomatic Mission of theCzechRepublic.
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:
ais a permanent resident of theCzechRepublic, 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 20Documents on Citizenship
(1) Documents proving citizenship of theCzech Republicare the following:
aidentity card
bpassport
ccertificate or a document confirming citizenship of theCzechRepublic
dcertificate of legal responsibility to get married, provided it includes data on citizenship of theCzechRepublic.
(2) Certificates of citizenship of theCzechRepublicare issued by district authorities in the place of permanent residence of applicants.
Article 21Declarations on the option for and the loss of citizenship of theCzech Republicare drawn in duplicate. The Diplomatic Mission of theCzechRepublicforwards 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
aduly certified, if not otherwise provided in an international treaty by which theCzech Republicis bound,
bofficially 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 theSlovakRepublic.
Article 23(1) District authorities register all natural persons having acquired or lost citizenship of theCzechRepublic, 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 theCzechRepublicthey are registered by the district authority inPrague1.
(2) Central registers of natural persons having acquired or lost citizenship of theCzech Republicare kept at the Ministry of the Interior.
(3) 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 theCzechRepublicthis fact is forwarded to the district authority inPrague1.
Article 24Determination of Citizenship
(1) In questionable cases, citizenship of theCzechRepublicis determined by the district authority in the place of permanent residence or of the last permanent residence of the applicant on the territory of theCzechRepublic. Provided the applicant has never had such residence, citizenship is determined by the district authority inPrague1.
(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 theCzech Republic.
Article 25Provided 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,para3.
Article 26If 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). Article 15.2,a) and c), and Article 15.3,a), 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.
Article 27Declarations made under the present Act are not subject to administrative charges.
Article 28Repealed hereby are:
(1) Act 39/1969 of the Czech National Council on acquisition and loss of citizenship of theCzechSocialistRepublicin the reading of Act 92/1990 of the Czech National Council
(2) Act 165/1968 on the principles of acquiring and losing citizenship.
Article 29The present Act enters into force onJanuary 1, 1993.