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Act No. 40/1993

on gaining and losing citizenship of the Czech Republic,
dated December 29th, 1992

The Czech National Council has passed the following law:

Article 1
General provisions
(1) Natural persons who were citizens of the Czech Republic asof December 31. 1992, and simultaneously citizens of the Czech and SlovakFederal Republic, shall be citizens of the Czech Republic as of January 1.1993.

(2) To determine whether a natural person is citizen of the CzechRepublic, or was citizen of the Czech and Slovak Federal Republic as ofDecember 31. 1992, regulations shall apply which were in force at the timewhen the person concerned gained or lost citizenship 1).


1) E.g. Law No. 236/1920 supplementing and amending previous provisions ongaining and losing citizenship and losing citizenship and right of domicilein the Czechoslovak Republic. Law No. 152/1926 on conferring Czechoslovak citizenship on some persons. Law No. 60/1930 by which the convention onnaturalization between Czechoslovakia and the United States of Amerika of July 16th, 1928, is implemented, Law No. 194/1949 on gaining and losing Czechoslovak citizenship as amended by later regulations. Law No. 39/1969 on gaining and losing citizenship of the Czech Republic, as amended by later regulations.

Part One

Gaining Citizenship

Article 2
Citizenship of the Czech Republic can be gained by
a) birth (§ 3)
b) determination of paternity (§ 4)
c) finding on the territoty of the Czech Republic (§ 5)
d) declaration (§ 6)
e) conferment (§ 7 through 12)

Article 3
Citizenship by birth
Infants shall gain citizenship of the Czech Republic by birthprovided that
a) at least one parent is citizen of the Czech Republic
b) in the case that parents are stateless persons, at least of them has permanent residence on the territory of the Czech Republic, and infant was born on its territory.

Article 4
Citizenship by determination of paternity
Infants born out of wedlock, whose mothers are foreign nationals or stateless persons, and whose fathers are citizens of the Czech Republic, shall gain citizenship of the Czech Republic
a) on the day of consonant declaration of parents on determination of paternity or 2)


2) § 52 subsection 1 of Law No. 94/1963, Family Act. as amended by Law No. 132/1982 and Law No. 124/1992
b) on the day on which court judgment on determination of paternity becomes legally valid 3)
3) § 54 subsection 1 of Law No. 94/1963

Article 5
Citizenship by finding on the territory of the Czech Republic
Natural persons under 15 years of age found on the territory of the Czech Republic shall be citizens of the Czech Republic except when it isproved that they gained citizenship of another state by birth.

Article 6
Citizenship by declaration
(1) Natural persons who were citizens of the Czech and Slovak Federal Republic as of December 31. 1992, but had neither citizenship of the Czech Republic nor citizenship of the Slovak Republic, can choose citizenship of the Czech Republic by declaration.

(2) Such declaration can be made at district offices, in the capitalcity of Prague at municipal district offices, in Brno, Ostrava and Plzen at municipal offices of these cities (hereinafter only "district office"), according to the place of permanent residence of the natural person making thedeclaration. Abroad, such declarations shall be made at diplomatic or consular offices of the Czech Republic.

(3) The appropriate office shall issue a certificate of declaration.

Article 7
Citizenship by confernment
(1) Citizenship of the Czech Republic can be conferred upon request onnatural persons who meet simultaneously the following conditions:
a) have been residing permanently and continuously on the territory of the Czech Republic for at least five years.
b) can prove that they were released from citizenship of another state, or will by gaining citizenship of the Czech Republic lose theirs previous foreign citizenship, unless the persons concerned are stateless persons.
c) were not sentenced in the past five years for wilful punishable offence.
d) can prove knowledge of the Czech language.

(2) Husband and wife may make joint application for citizenship of the Czech Republic.

(3) The Ministry of Education. Youth and Physical Education of the Czech Republic will issue a generally binding legal regulation setting forthcriteria for proving knowledge of the Czech language according to 1 d).

Article 8
Applicants for citizenship of the Czech Republic shall enclose withtheir application the following documents:
a) certificate of birth, married persons also certificate of marriage, or as the case may be, document proving dissolution of marriage, or certificate of death of spouse.
b) document proving that applicant was released from citizenship of another state, unless appliacant is a stateless person or person that by gaining citizenship of the Czech Republic will lose its previous citizenship of another state.
c) extract from the crimes register.
d) curriculum vitae.

Article 9
(1) Parents, or one of them, as the case may be, may include in theapplication children under 15 years of age. Enclosures to the applicationshall be:
a) the child's certificate of birth.
b) consent of the other parent to the child s change of citizenship, provided that said parent has not been deprived of parental rights or declared legally incompetent.
c) document proving that the child has been released from citiuenship of another state, unless the child is a stateless person or person that by gaining citizenship of the Czech Republic will lose its previous citizenship of another state.

(2) Upon application of legal guardian, citizenship of the CzechRepublic may be conferred also on children under 15 years of age, individually; enclosures to application are the same as under (1).

Article 10
(1) Citizenship of the Czech Republic shall be conferred by the Ministryof the Interior of the Czech Republic (hereinafter only "Ministry of theInterior"; applicants shall be is issued certificates of citizenship of theCzech Republic.

(2) Applications shall be filed at the district office according toapplicant s permanent place of residence. District office shall interviewapplicants to test their knowledge of the Czech language, and make entry inthe file on the result of the test. Knowledge of the Czech language need not be proved by applicant who are or were citizens of the Slovak Republic.

Article 11
(1) The Ministry of the Interior may waive the condition set in § 7 subsection 1a) provided that applicant has permanent residence on the territory of the Czech Republic and
a) was born on the territory of the Czech Republic, or
b) has been continuously living on the territory of the Czech Republic for at least 10 years, or
c) possessed citizenship of the Czech Republic in the past, or citizenship of the Czech and Slovak Federal Republic, or
d) was irrevocably adopted by a citizen of the Czech Republic, or
e) applicant s spcuse is citizen of the Czech Republic

(2) The Ministry of the Interior may also waive the condition set in§ 7 subsection 1b). provided that applicant has had permanent residence on the territory of the Czech Republic for at least five years, when legal regulations of the state of which applicant is citizen do not permit release from citizenship, or in the event that said state refuses to issue a documentattesting to applicant's having been released from citizenship.

(3) The Ministry of the Interior may also, in cases worthy of specialconsideration, waive the condition set in § 7, subsection 1d).

Article 12
Citizenship pledge
(1) Natural persons over 15 years of age who were conferred citizenship of the Czech Republic shall gain citizenship of the Czech Republic according to § 7 upon taking the following pledge:

"Upon my honour, I pledge fidelity to the Czech Republic. I vow that Iwill observe all laws and other generally binding legal regulations. I vowthat I will fulfill all the obligations of citizen of the Czech Republic."

(2) Children under 15 years of age included in parents application shall gain citizenship of the Czech Republic on the day on which at least one parent has gained it: in the case that citizenship of the Czech Republic is conferred on such child individually, it shall gain it on the day on which its legal guardian has been issued certificate of citizenship of the Czech republic.

(3) The Ministry of the Interior may waive the taking of citizenship pledge. In such a case, natural person shall gain citizenship of the Czech Republic on the day on which decision to waive the taking of citizenship pledge became legally valid.

(4) Natural persons take citizenship pledge before the head of the district office, in the capital city of Prague before the secretary of themunicipal district office, in Brno, Ostrava and Plzen before secretaries of municipal offices of these cities, according to the place of the person's permanent residence; abroad, before the diplomatic or consular representative of the Czech Republic.

Part Two

Losing Citizenship

Article 13
Citizenship of the Czech Republic can be lost by
a) release from citizenship of the Czech Republic (§ 14 and 15),
b) declaration (§ 16),
c) gaining citizenship of another state (§ 17), with the exception of cases when citizenship of another state is gained in connection with entering into marriage or birth of child.

Article 14
Releasing from citizenship of the Czech Republic
(1) Citizenship of the Czech republic shall be released at own request from citizenship of the Czech Republic provided taht they do not have permanent residence on its territory and produce documents proving that
a) they gained citizenship of a foreign state prior to January 1st, 1993, or
b) were promised citizenship of a foreign state.

(2) Married couples may file joint application for release from citizenship.

(3) Parents, or one of them as the case may be, may include children under 15 years of age in their application.

(4) Citizenship of the Czech Republic shall be lost upon receipt of certificate of release from citizenship of the Czech Republic.

(5) Citizens of the Czech Republic shall be released from citizenship of the Czech Republic ba appropriate district offices according to applicant's last place of permanent residence on the territory of the Czech Republic; in case of applicants without such residence, the appropriate authority is Municipal District Office in Prague 1.

Article 15
(1) Applications for release from citizenship of the Czech Republic shall be filed through the diplomatic or consular office of the Czech Republic in the place of applicant s permanent residence, or with the appropriate district office according to applicant's last place of permanent residence on the territory of the Czech Republic.

(2) Enclosures to applications for release from citizenship of the Czech Republic shall be:
a) applicant's certificate of birth, certificate of marriage or document proving that applicant's marriage has been dissolved, or certificate of death of spouse, as the case may be,
b) document proving that applicant has gained citizenship of a foreign state or been promised its citizenship,
c) document proving change of applicant s name or surname, unless this is evidenced by documents listed under a).

(3) Enclosures with applicantions that include children under 15 yearsof age shall be:
a) certificate of birth of child.
b) document proving that child has gained citizenship of a foreign state or been promised its citizenship.
c) consent of the other parent to child s change of citizenship, unless said parent has been deprived of parental rights or declared legally incompetent.

Article 16
Losing citizenship by declaration
(1) Citizens of the Czech Republic who have been residing abroad for at least 10 years may declare that they relinquish citizenship of the Czech Republic.

(2) Declarations according to (1) shall be made at the diplomatic or consular office of the Czech Republic in the country of applicant's permanent residence. Applicants shall state in the declaration
a) since when they have been residing abroad,
b) the place of their last permanent residence on the territory of the Czech Republic, or that they never had such residence. Applicants shall enclose with their declaration document evidencing citizenship of the Czech Republic; such document may be substituted by valid passport.

(3) Parents, or one of them as the case may be, may include in theirdeclarations also children under 15 years of age; such children need not meetthe condition specified under (1). Enclosures shall be
a) certificate of birth of child,
b) consent of the other parent to child s losing citizenship of the Czech Republic, unless said parent has been deprived of parental rights or declared legally incompetent.

(4) Natural persons shall be issued documents evidencing loss of citizenship of the Czech Republic from the appropriate diplomatic or consular office of the Czech Republic.

Article 17
Losing citizenship by gaining foreign citizenship
Citizenship of the Czech Republic shall lose citizenship of the Czech Republic instantly upon gaining at own request foreign citizenship, with the exception of cases of gaining foreign citizenship in connection with entering into marriage, or birth.

Part Three

Special Provisions Appying to Citizenship of the Czech Republic in Connection with the Extintion of the Czech and Slovak Federal Republic

Article 18
Choice of citizenship
(1) Citizens of the Slovak Republic may choose citizenship of the Czech Republic by declaration made by December 31st, 1993, at the latest provided that they
a) have been residing continuously on the territory of the Czech Republic for at least two years,
b)present document of release from state citizenship of the Slovak Republic, with the exception of cases when they prove that they have applied for release from citizenship of the Slovak Republic and that their application has not been granted within three months, and simultaneously declare at the district office that they relinquish citizenship of the Slovak Republic: this document is not required in the case that by choosing citizenship of the Czech Republic, citizenship of the Slovak Republic is lost.
c) have not been sentenced in the past five years for wilful punishable offence.

(2) Citizens of the Slovak Republic who do not reside permanently on the territory of the Czech Republic nor of the Slovak Republic may choose citizenship of the Czech Republic by declaration made by December 31st, 1993 at the latest provided that they
a) had prior to their leaving for abroad last permanent residence on the territory of the Czech Republic, or at least one of applicant's parents is citizen of the Czech Republic, and
b) present document of release from citizenship of the Slovak Republic, with the exception of cases when they prove that they have applied for release from citizenship of the Slovak Republic and the application was not granted within three months, and simultaneously declare at the district office or diplomatic or consular office of the Czech Republic that they relinquish citizenship of the Slovak Republic.

(3) In the case that both parents become citizens of the Czech Republic according to the paragraphs above, their children under 15 years of age follow their citizenship of the Czech Republic; in the case that only one parent is alive, children follow his/her citizenship. Parents shall include suchchildren in their declaration of choice of citizenship of the Czech Republicand enclose document of said children s release from citizenship of the Slovak Republic, with the exception of cases when they prove that they applied for release of children from citizenship of the Slovak Republic and that their application was not granted within three months, and simultaneously declare at the district office that on behalf of their children that they reliquish citizenship of the Slovak Republic.

(4) Parents may choose citizenship of the Czech Republic also separately for children under 15 years of age. They do so by consonant declaration: consent is not required from parents who have been deprived of parental rightsor declared legally incompetent. In the case that only one parent is alive, or that the other parent resides permanently abroad and his/her residence is not known, said parent may make the declaration on his/her own. Parents shallen close with the declaration document of children s release from citizenship of the Slovak Republic and that their application was not granted within three months, and simultaneously declare at the district office on behalf of their children that they relinquish citizenship of the Slovak Republic.

(5) Natural persons shall make such declaration at the appropriatedistrict office in the place of their permanent residence, or the place of their last permanent residence, abroad at the diplomatic or consular office of the Czech Republic.

Article 19
(1) Until December 31st, 1993, The Ministry of the Interior may confer citizenship of the Czech Republic upon application on citizens of the Slovak Republic in the case of minors over 15 years of age at least one of whose parents is citizen of the Czech Republic, or in the case of natural persons whose spouse is citizen of the Czech Republic, provided that
a) applicants have permanent residence on the territory of the Czech Republic, and
b) present document of release from citizenship of the Slovak Republic, with the exception of cases when they prove that they applied for release from citizenship of the Slovak Republic and their application was not granted within three months, and simultaneously declare at the district office that they relinquish citizenship of the Slovak Republic.

(2) Applications shall be filed with the appropriate district office in the place of applicant's permanent residence.

Part Four

Common and Closing Privisions

Article 20
Documents of citizenship
(1) Documents of citizenship of the Czech Republic are
a) identity card
b) travel document
c) certificate or confirmation, as the case may be, of citizenship of the Czech Republic,
d) certificate of legal competence to enter into marriage, provided that it contains entry specifying citizenship of the Czech Republic.

(2) Applicants shall receive certificate of citizenship of the Czech Republic from the district office appropriate for their place of permanent residence.

Article 21
Declarations of choice and of losing citizenship of the Czech Republic shall be made out in two copies. Diplomatic and consular offices of the Czech Republic shall mail both copies to the Ministry of the Interior.

Article 22
(1) Documents issued by authorities of foreign states which arepresented by natural persons according to this law
a) must be furnished with necessary verification 4) , except as otherwise provided for in international agreements by which the Czech Republic is bound


4) § 52 of Law No. 97/1963, on private international law and law of civil procedure, as amended by later regulations
b) must be officially translated into the Czech language 5) if they are made out in a foreign language.
5) Law No. 36/1967, on experts and interpreters
(2) The provisions of subsection (1) shall not be applied in the casethat documents were issued by appropriate authorities of the Slovak Republic.

Article 23
(1) District offices shall keep records of natural persons who gained or lost citizenship of the Czech Republic and have or had permanent residence in the area of the district office. Records of persons who never had such residence on the territory of the Czech Republic shall be kept by theMunicipal District Office in Prague 1.

(2) Central records of natural persons who gained or lost citizenship of the Czech Republic shall be kept by the Ministry of the Interior.

(3) Courts or district offices before which parents make consonant statements on determination of paternity, or courts which determine paternity of children whose mother is a foreign national and whose father was determined to be a citizen of the Czech Republic, shall advise of this fact, within 10 working days from the day on which parents made consonant statements or on which ruling of the court became valid, the appropriate district office according to the child s place of permanent residence. In the case of children who do not have permanent residence of the territoty of the Czech Republic, the Municipal District Office in Prague 1 shall be notified.

Article 24
Determination of citizenship
(1) In contestable cases, citizenship of the Czech Republic shall be determined by the appropriate district office according to the place of applicant's permanent residence, or last place of permanent residence on the territory of the Czech Republic. In cases that applicant never had such residence, citizenship shall be determined by the Municipal District Office in Prague 1.

(2) Natural persones shall receive certificate of result of determination of citizenship from the district office. In the case that this is necessary for the exercise of the rights of the natural person concerned, the district office shall state in the certificate when, or on the basis of what provisions, as the case may be, the natural person gained or lost citizenship of the Czech Republic.

Article 25
In the case that applicant's submission according to this law is met to the full extent, decision in administrative procedure 6) shall not be rendered, with the exception of the provision of § 12 subsection 3.


6) Law No. 71/1967, on administrative procedure (administrative code)
Article 26
Except when otherwise provided for by this law, the appropriate state administration authority may waive submission of documents specified in § 8 under a) and c), in § 9 under a) and c), in § 15 subsection 2 under a) and c), and subsection 3 under a), in the case that obtaining them would involve surmounting difficult obstacles, provided that without their submission, the actual facts of the case can be ascertained exactly and completely.

Article 27
Statements made according to this law are not subject to official fees.

Article 28
The following laws are hereby repealed:
1. Law of the Czech National Council No. 39/1969, on gaining and losing citizenship of the Czech Socialist Republic, as amended by Law of the Czech National Council No. 92/1990.
2. Law No. 165/1968, on principles of gaining and losing citizenship.

Article 29
This law shall take effect on January 1.1993.

Law of October 12th, 1993

amending and supplementing Law of the Czech National Council No. 40/1993, ongaining and losing citizenship of the Czech Republic.

The Parliament has passed the following Law of the Czech Republic:

Article I
Law of the Czech National Council No. 40/1993, on gaining and losing citizenship of the Czech Republic, is hereby amended and supplemented as follows:

1. In § 2, new item b) is inserted, which reads: "b) adoption (§ 3a)"
Previous items b) through e) are hereby designated as items c) through f).

2. After § 3, new § 3a is hereby inserted which reads:

"§ 3a
Citizenship by adoption
Children at least one parent of whom is citizen of the Czech Republic shall gain citizenship of the Czech Republic on the day on which ruling on adoption becomes legally valid."

3. In § 11, subsection 1 d), the word "irrevocably" is hereby left out.

4. In § 11 subsection 1, full stop at the end of item e) is hereby replaced with the conjunction "or", and new item f) inserted which reads:
"f) at least one of whose parents is citizen of the Czech Republic."

5. § 14, subsection 1 a) reads:
"a) gained citizenship of a foreign state, or"

6. After § 18, new § 18a is hereby inserted which reads:

"§ 18a
Citizens of the Slovak Republic born on its territory prior to December 31st, 1993, and whose parents, or at least one of them, as the case may be, were born on the territory of the Czech Republic, or citizens of the Slovak Republic who have reached or will reach not later than in 1993 the age of 60 can choose citizenship of the Czech Republic by making a declaration by December 31st, 1993, at the district office according to the place of their permanent residence, unless they have already gained said citizenship, provided that they
a) have been continously residing on the territory of the Czech Republic for at least two years,
b) were not sentenced in the past five years for wilful punishable offence."

7. In § 23, after subsection 2, new subsection 3 is hereby inserted which reads:
"(3) The court which gave a ruling on adoption of a child, who by this adoption gained citizenship of the Czech Republic according to § 3a, shall advise of this fact, within 10 working days from the day on which the ruling on adoption became legally valid, the appropriate district office according to the place of permanent residence of the child. In cases of children without permanent residence on the territory of the Czech Republic, the Municipal District Office in Prague 1 shall be notified."
Previous subsection 3 is hereby designated as subsection 4.

8. After § 27, new § 27a and § 27b are hereby inserted which read:

"§ 27a
Temporary provisions
Applications for citizenship of the Czech Republic, filed by December 31st, 1992, shall be attended to acordin to regulations in force as of the day of their submission.

§ 27b
The government may extend by order the deadlines set in § 18 subsections 1 and 2, in § 18a and § 19 subsection 1 of this law, to June 30st, 1994, at the latest."

Article II
This law shall take effect on the day of its promulgation.