ACT LV. OF 1993 ON HUNGARIAN CITIZENSHIP Date of entry into force: 01 October 1993 [NOTE: This is an unofficial translation. This Act was passed by Parliament at the session it held on 1st June 1993.] Parliament, in order to safeguard the moral weight of Hungarian citizenship and to strengthen the attachment of citizens to the Republic of Hungary, considering the traditions of Hungarian citizenship law and the prescriptions of international conventions, creates the following Act on how Hungarian citizenship originates, is acquired, and ceased: Fundamental Principles Para 1 (1) No distinction may be made between Hungarian citizens on the grounds of the legal title of the origination, or of the acquisition of citizenship. (2) Nobody may be arbitrarily deprived his citizenship or the right to change own citizenship. (3) This Act respecting the freedom of individual will facilitates the unity of the family in citizenship; facilitates a reduction in statelessness cases; assures the protection of personal data. (4) This Act is not effective retroactively. Hungarian citizenship shall fall under the competence of the legal regulations in effect at the time when the facts or the events acting on citizenship occurred. Hungarian Citizens Para 2 (1) Hungarian citizens those who are Hungarian citizens when this Act comes into force furthermore, are those who become Hungarian citizens on the strength of this Act, or acquire Hungarian citizenship on the ground of this Act until this citizenship is not ceased. (2) The Hungarian citizen who is simultaneously a citizen of another state -if law shall not regulate contrarily-, is considered to be a Hungarian citizen in the application of Hungarian lay. The Origin of Hungarian Citizenship Para 3 (1) The child of a Hungarian citizen becomes a Hungarian citizen by birth. (2) The Hungarian citizenship of the child of a parent not a Hungarian citizen originates retroactively from the day of birth if the other parent is - on the ground of a paternal declaration of fully effect, of subsequent marriage, furthermore, of a court judgement ascertaining paternity or maternity - a Hungarian citizen. (3) Until the contrary is proved a) the child born in Hungary of a stateless person residing in Hungary; b) a child found in Hungary spawned by unknown parents regarded as Hungarian citizen is. Acquisition of Hungarian Citizenship Naturalisation Para 4 (1) A non Hungarian citizen may be naturalised on application if: a) having resided continuously for eight years in Hungary preceding the submission of the application; b) according to Hungarian law he/she has a clean record and when the application is decided there are no criminal proceedings against him/her on a Hungarian court; c) his/her subsistence and residence in Hungary are ensured; d) his/her naturalisation is not interfered on the interests of the Republic of Hungary, and e) he/she certifies the taking of in a Hungarian language a successful examination in basic constitutional knowledge, in the Hungarian language. This examination is mandatory only for persons of full age. (2) Preferential naturalisation may be granted to a non Hungarian citizen, who has resided at least for three years continuously in Hungary before submitting the application, and the conditions stipulated in Section (1) Points b) to e), exist if a) having lived with a Hungarian citizen in valid marriage for at least three years, or the marriage having been ceased by the death of the spouse; b) his/her child of minor age is a Hungarian citizen; c) having been adopted by a Hungarian citizen, or d) has been recognised by a Hungarian authority as a refugee. (3) Should the conditions stipulated in Section (1) Points b) to e) exist the non Hungarian citizen asserting him/herself to be an ethnic Hungarian may be naturalised preferentially on his/her request thereto, if he/she has resided at least for a year in Hungary before submitting this application, and whose ascendent was a Hungarian citizen. (4) With respect to a minor aged the length regulated in Para (1) and (2) for continuous residence in Hungary may be digressed, if he/she requests naturalization together with the parent. (5) In the case regulated in Section (2) Point c) if applied for, the three year continuous residence in Hungary may be disregarded. (6) On the recommendation of the Minister of the Interior, the President of the Republic may issue an exemption from Section (1) Point a), c), and e) if the Republic of Hungary has important interests in the naturalisation of the applicant. Re-Naturalisation Para 5 The person residing in Hungary whose Hungarian citizenship has ceased may apply for re-naturalisation in case of existence of the conditions stipulated in Para 4 Section (1) Point b) to d). Rules of Process, Oath and Pledge Para 6 (1) The President of the Republic decides on the application to acquire Hungarian citizenship by naturalisation and re- naturalisation, on the basis of the proposal of the Minister of the Interior. (2) The President of the Republic will issue a naturalisation, or re-naturalisation document (further on: "naturalisation document") on acquisition Hungarian citizenship. Para 7 (1) The naturalised and the re-naturalised person respectively (furtheron: "naturalised"), will take in the presence of the Mayor competent over his/her place of residence, a citizenship oath or pledge according to his/her choice. On behalf of the incapable person the legal representative shall take the oath or pledge. (2) The naturalised will acquire Hungarian citizenship on the day of taking the oath or pledge. The fact and the day of taking the oath or pledge respectively will be noted on the naturalisation document. (3) if the naturalised dies before thing the oath or the pledge, or is affected by conditions that prevent him/her hot taking the oath or pledge respectively, citizenship is acquired on the day the naturalisation document is issued. (4) The text of the citizenship oath: "I, .......... swear to regard Hungary as my country. I shall be a loyal citizen of the Republic of Hungary. I shall respect and obey her constitution and laws. I shall protect, as my strength allows and serve my country to my best ability. So help me God!" The text of the citizenship pledge: "I, ........... pledge to regard Hungary as my country. I shall be a loyal citizen of the Republic of Hungary. I shall respect and obey her Constitution and laws. I shall protect, as my strength allows, and serve my country to my best ability!" (5) The citizenship oath and the citizenship pledge are of an equivalent value. Ceasing of Hungarian Citizenship Renunciation Para 8 (1) A Hungarian citizen residing abroad may renounce the Hungarian citizenship by a declaration addressed to the President of the Republic, if a) he/she possesses a foreign citizenship or may rely on the probability of acquisition it and b) has no criminal proceedings against him/her by a Hungarian court, or respectively the executability of a sentence judged by a Hungarian court no longer exists, and c) has no tax or other public arrears in Hungary. (2) if the conditions regulated in Section (1) exist the Minister of the Interior will recommend to the President of the Republic to accept the renunciation. The President of the Republic shall issue a document of the ceasing by renunciation the Hungarian citizenship. The Hungarian citizenship is ceased on the day of the issuing of the document. (3) The Minister of the Interior issues a decision should the conditions for accepting the renunciation be missing. A revision of the decision may be requested from the Budapest Municipal Court. Withdrawal of Hungarian Citizenship Para 9 (1) Hungarian citizenship may be withdrawn from a Hungarian citizen residing abroad, if the citizenship was acquired by a violation of legal provisions, particularly through a statement of false data, or through misleading the authority by omitting data or facts. Withdrawal may not be effected after the elapse of ten years after acquisition of Hungarian citizenship. (2) The Minister of the Interior will issue a decision on the existence of the fact providing ground for withdrawal of citizenship. A revision of the decision may be requested on the Budapest Municipal Court. (3) On the ground of a proposal by the Minister of the Interior, the President of the Republic decides on ceasing citizenship by withdrawal. (4) The decision of the withdrawal of Hungarian citizenship must be published in the Hungarian Gazette. Hungarian citizenship is ceased from the day the decision is published. Certification of Hungarian citizenship Para 10 Hungarian citizenship is certificated by a valid identity card, a valid Hungarian passport, or by a citizenship card. Para 11 (1) On the application of the concerned party the Minister of the Interior shall certify in a citizenship card the existence, the ceasing of Hungarian citizenship, or respectively that the person indicated in the card is not a Hungarian citizen. (2) The citizenship card is valid for one year from its issuing. (3) The concerned party, the legal representative, the state prosecutor and the guardianship authority may initiate a case at the Budapest Municipal Court against the fact certificated in the citizenship card. Para 12 At the request of organisations of administration of justice, of criminal prosecution, of alien police, of national security, of military administration, of the Municipal Clerk (Chief Clerk), the Notary Public, furthermore of consular and foreign authorities and of other state bodies respectively, the Minister of the Interior shall ascertain the existence, the ceasing the Hungarian citizenship of the concerned client, or that the client is not a Hungarian citizen. Citizenship Proceedings Para 13 (1) The application to acquire Hungarian citizenship, furthermore, the declaration on renunciation of Hungarian citizenship, and the application for the issuing of the citizenship card (furtheron: "citizenship application") must be submitted by Hungarian languaged application form issued for this purpose to the Office of Registry of the Mayor Office of the local government of the settlement in the capital its District- where the applicant resides, in case the applicant resides abroad to the competent Hungarian Consul. (2) The application shall be forwarded by the Registrar within eight days, by the Consul through the first diplomatic post after receipt, to the Minister of the interior. Para 14 (1) The citizenship application and the request according to Para 12 must contain the data of the applicant (name, address, birth, marriage data) the personal data of the ascendants, together with the data regarding citizenship, the date of having left the country. (2) The applicant shall attach to the citizenship application a certified record of birth, documents proving family status, furthermore, the certificates testifying to the existence of the conditions regulated in Para 4-5, 8, and 11 of this Act. (3) If the application is incomplete, or shall not contain the data needed to judge it, the Minister of the Interior may notify applicant to present other official documents. Such are, particularly, the administrative certificate of clean record, the citizenship card, the document of naturalisation, of re-naturalization, of withdrawal, the certificate of residence, furthermore, the birth, marriage, death certificate. (4) Documents drawn in a foreign language must be attached to the application with an official Hungarian language translation. Para 15 (1) The citizenship application shall he submitted by a capable person personally, by a legal representative on behalf of a partially capable or of an incapable person. (2) On submission of a declaration on renunciation, of a naturalisation and re-naturalisation application, the partially capable person shall also be heard. (3) For the renunciation of a minor aged person from Hungarian citizenship - if reason beyond control does not prevent it - it shall be necessary to attach the concurring declaration of both parents. (4) Spouses, and a parent cohabiting with a minor aged or incapable major aged child respectively, may submit a joint naturalisation, re-naturalisation application, furthermore, a declaration on renunciation of Hungarian citizenship. Para 16 (1) The Minister of the Interior shall send the naturalisation document to the Mayor competent over the place of residence of the applicant. (2) The citizenship oath or pledge must be taken in front of the Mayor competent over the place of residence, within two months counted from the delivery of the summons to take it. The Minister of the Interior may prolong this period on request. (3) Should the citizenship oath or pledge not be taken within a year of the delivery of the summons owing to the mistake of applicant, the naturalisation, re-naturalisation decision shall loose effect. Para 17 (1) Within six months the Minister of the Interior shall make a proposal to the President of the Republic to accept he renunciation, or shall issue a decision according to Para 8 Section (3). (2) The Minister of the Interior shall act within three months on the application for an issue of a citizenship card, and on the request according to Para 12. (3) The deadline regulated in Section (1) and (2) begins with the day the application and the request, respectively, arrive to the Minister of the Interior, and may be extended once, in a reasonable case for three months. (4) The withdrawal of the application and the ceasing the procedure are governed by the regulations of Act I of 1981, on the General Rules of Administration Procedure, modifying Act IV of 1957 and establishing its unified text, Para 14, on representation Para 18 Section (1), to (3), on exclusion Para 19 Section (1), (3), and (4), on suspending the procedure Para 37. Data Protection, Data Supply Para 18 The citizenship file may be viewed by: a) the person concerned in the case, after him/her death the descendent, and ascendent respectively; b) the organisations of the administration of justice, of criminal prosecution, of national security in cases belonging to their competence, in the course of procedures regulated by law. Para 19 (1) The data supply in connection with acquisition of Hungarian citizenship is provided by the Registrar of the Mayor Office of the local government of the settlement competent over the residence of applicant, to other Registrars, to the authority for the registration of the personal data and address of citizens, to alien police, to authority of refugee affairs, and identity card issuing authorities. (2) The Minister of the Interior shall notify about the ceasing of Hungarian citizenship the authority for the registration of the personal data and address of citizens, the Registrar Office authority, and the Ministry of Defence in the case of persons of military age. (3) In the course of the Citizenship procedure the Minister of the Interior may a) view the Records of Registry, the basic registry documents and may request copies of such; b) may request data and may view the personal data and address registration of citizens; c) may request data from police and criminal records; d) may request opinion from a national security agency, and from the alien police. Para 20 Citizenship files may not be sorted out, the Minister of the Interior shall ensure they are stored and registered. Final Clauses Para 21 (1) The person deprived of Hungarian citizenship on he ground of Act X. of 1947 and Act XXVI. of 1948 on the Depravation of the Hungarian Citizenship of certain persons residing abroad, of Act LX. of 1948 on Hungarian citizenship, and of Act V. of 1957 on Citizenship, respectively, furthermore, those who lost Hungarian citizenship on the basis of Prime Minister Decree 7970/1946. of 10.515/1947. Cabinet Decree, of 12.200/1947. Cabinet Decree, and those whose Hungarian citizenship ceased by release between the days of 15 September 1947 and 2 May 1990, shall acquire Hungarian citizenship by a personal, written declaration addressed to the President of the Republic of Hungary from the day of making that declaration. (2) On the ground of the declaration the Minister of the Interior shall issue a citizenship card to the concerned person. Para 22 In the suits hunched on the grand of the provisions of this Act, if this Act does not regulate otherwise, Chapter XX. of Act III. of 1952 on Civil Lay Procedure shall be applied. Para 23 In applying this Act a residing person in Hungary is a non Hungarian citizen who has a registered residential address in the country, whose immigration was approved, or who has been recognized as refugee. Para 24 (1) This Act comes into force on the first day of the fourth month after its promulgation. (2) Para 3 Section (7) of Act I. of 1981, modifying and establishing the unified text of Act IV. of 1957 on the General Rules of Administration Procedure, shall be replaced by the following regulation: "Para 3 Section (7). The scope of this Act shall not extend to minor offence and citizenship procedures." (3) With this Act coming into force the following rules and provisions are nullified: Act V. of 1957 on citizenship and Law Decree 55 of 1957 as the Executive Order thereto; Act XXVII. of 1990, on Ceasing the effect of the decisions on deprivation of citizenship, and Act XXXII of 1990 modifying it; Para 1-2 of Act XX. of 1991 on the Tasks and Competence of Local Governments and their bodies, of President's Commissioners, and of certain centrally governed bodies; Para 7 of Legal Decree 21. of 1972 on the modification of the Competence of certain Council bodies. (4) Government is entitled to regulate: a) the detailed rules of the tasks of he Minister of the interior in accordance with this Act; b) the tasks of the Mayor in connection with taking the oath or the pledge; c) the tasks of the Clerk, the Registrar, and the Consul in connection with admission. of citizenship applications, forwarding the documents, and with advising the registrations of the authorities; d) the forms to be used in the procedure; e) the requirement of the examination prescribed in Para 4 Section (1) point e), and the rules if procedure.