The National Law of Bhutan.
Having found necessary to amend the law relating to the
acquisition and deprivation of Citizenship which has been in
force till date, His Majesty the Druk Gyalpo, in accordance
with the suggestion put up by the Royal Advisor, people and
the monastic body, is pleased to incorporate the following
change:
1. This law may be called the National Law of Bhutan 1958
and shall be effective throughout the kingdom of Bhutan.
2. This law shall be in force throughout the kingdom of
Bhutan from the day of its enactment.
3. Any person can become a Bhutanese National
a. If his/her father is a Bhutanese National and is a
resident of the Kingdom of Bhutan; or
4.a.If any foreigner who has reached the age of majority
and otherwise eligible, presents a petition to an official
appointed by His Majesty and taken an oath of loyalty
according to the rules laid down by the Government to the
satisfaction of the concerned official, he may be
re-enrolled as a Bhutanese National, provided that:
i. the person is a resident of the Kingdom of Bhutan
for more than ten years; and
ii. owns agricultural land within the Kingdom.
(b) If a woman, married to a Bhutanese National, submits
petition and takes the oath of loyalty as stated above to
the satisfaction of the concerned official and that she has
reached the age of majority and is otherwise eligible, her
name may be enrolled as a Bhutanese National.
(c) If any person has been deprived on his Bhutanese
Nationality or has renounced his Bhutanese Nationality,
forfeited his Bhutanese nationality, the person cannot
become a Bhutanese national again unless His Majesty grants
approval to do so.
5.(a). If any foreigner submits petition to His Majesty
according to rules described in the above sections, and
provided the person has reached the age of majority and is
otherwise eligible, and has served satisfactorily in
Government service for at least five years and has been
residing in the Kingdom of Bhutan for at least 10 years, he
may receive a Bhutanese Nationality Certificate. Once the
certificate is received, such a person has to take the oath
of loyalty according to the rules laid down by the
Government and from that day onwards, his name will be
enrolled as a Bhutanese National.
(b). Any foreigner who has reached the age of majority and
is other wise eligible, can receive a Nationality
Certificate provided that in the opinion of His Majesty his
conduct and his service as a Government servant is
satisfactory.
6. Any person who:
i. becomes a national of a foreign country and resides in
that country; or
ii. has renounced Bhutanese nationality and settled in a
foreign country; or
iii. claims to be citizen of a foreign country if pledges
oath of loyalty to that country; or
iv. registered as a Bhutanese national but has left his
agricultural land or has stopped residing in the Kingdom; or
v. being a bona-fide national has stopped residing in the
country or fails to observe the laws of the Kingdom as per
his National Certificate, shall forfeit his nationality.
7.(a). If a Nationality Certificate has been obtained on
presentation of false information or wrong facts or omission
of facts, the Government may order the Certificate to be
cancelled.
(b). i. If any citizen or national, engages in activities
against His Majesty, or any national of Bhutan; or
ii. When Bhutan and India are engaged in a war with some
other country if any citizen or national or Bhutan is found
indulging in business, correspondence or helping enemies; or
iii. If any person, within the period of five years from the
day when he was enlisted as a Bhutanese National, if
imprisoned in any country for more than one year, the person
is liable to be deprived of his nationality without prior
notice.
8. To implement this law, if necessary, His Majesty may
incorporate any additional rules.
9. This law supersedes all laws, rules and regulations,
ordinances relating to the acquisition and forfeiture of
nationality from the day of its commencement.
Citizenship Act - 1958
(As revised by the Lhengyel Shungshog in its 8th session
held on March 22, 1977)
Conditions required for the grant of Citizenship
1. In the case of government servants an applicant should
have completed 15 years of service without any adverse
record.
2. In the case of those not employed in the Royal
Government, an applicant should resided in Bhutan for a
minimum period of 20 years.
3. In addition, an applicant should have some knowledge
of the Bhutanese language both spoken and written and the
history. Only those applicants who fulfill the above
requirements may apply for the grant of Citizenship to the
Ministry of Home Affairs, which will ascertain the relevant
facts and submit the application to the Royal Government for
further action.
Eligibility and Power
1. The power to grant or reject an application for
Citizenship rests solely with the Royal Government. Hence,
all applicants who fulfill the above conditions are not
necessarily eligible for grant of Citizenship.
2. Any applicant holding the Citizenship of another
country, or with criminal records in other countries, or
those who are related to any person involved in activities
against the people, the country, and the King, should not be
granted Citizenship even if all the other conditions are
fulfilled.
3. A person granted Citizenship by Royal Government is
required to register his/her name in the record of the Royal
Government from the date of the grant of Citizenship.
4. All those granted Citizenship are required to pledge
(ascribe) to the following oath to be administered by the
Home Minister:
a. Henceforth, I owe allegiance only to His Majesty the King
of Bhutan.
b. I shall abide by and observe the Rules and Regulations or
the Royal Government with unswerving reverence.
c. I shall observe all the customs and traditions of the
people of Bhutan.
d. I shall not commit act against the TSA-WA-SUM: the king,
country and people.
e. As a citizen of Bhutan, I hereby take this oath in the
name of Yeshey Geompo and undertake to serve the country to
the best of my abilities.
Special Grant of Citizenship
1. A foreigner in possession of special or extraordinary
qualifications will be granted citizenship without
consideration of the required conditions except for the
administration of the oath of allegiance.
Renouncement and Re-application for Citizenship
1. In case a Bhutanese citizen, who having left the
country returns and applies for citizenship, the Royal
Government shall keep the applicant on probation for a
period of at least two years. On successful completion of
the probation period, the applicant will be granted
citizenship provided the person in question is not
responsible for any activities against the Royal Government.
2. A foreigner who has been granted Bhutanese Citizenship
may apply to the Royal Government for permission to
immigrate with his/her family. Permission will be granted
after an investigation of the circumstances relating to such
a request. After grant of permission to immigrate, the same
person may not re-apply for Bhutanese citizenship. In the
event of an adult family member of any person permitted to
leave the country, does not wish to leave and makes an
application to that effect, the Home Minister will
investigate the matter and will permit such persons to
remain in the country after ascertaining that the country's
interest is not harmed.
3. If anyone, whether real Bhutanese or a foreigner granted
citizenship, applies for permission during times of crisis
such as war, the application shall be kept pending until
normalcy returns.
Procedure for Acquisition of Citizenship
CHA
1. When a Bhutanese woman is married to a foreigner, only
she is a citizen, her husband and children will not be
considered a Bhutanese citizen. If they desire Bhutanese
citizenship, such cases will be considered in conformity to
the procedure laid down in this Act applicable to foreigners
applying for citizenship.
2. When a Bhutanese man is married to a foreigner woman the
children will be considered Bhutanese. The wife will have to
fulfill the requirements of this Citizenship Act as
applicable to foreigners applying for citizenship.
3. In the case of Bhutanese citizens residing in other
countries, the Citizenship Law subhead KA-12 No. 2 which is
reproduced below, shall be applicable.
Reproduction of Thrimshung KA 12 - 2
1. With the exception of a genuine Bhutanese whose family
domiciled in Bhutan but he himself had to stay away in other
country in connection with works of the Royal Government,
private business or religious practices but other who live
in foreign countries, serve the government and people of
such countries or have settled in a foreign country or
holding official post of a foreign government are considered
non-nationals.
Registration Procedure
CHA
1. All children born of a father who is a Bhutanese
citizen should be registered in the official record within
one year of their birth whether the children are born inside
or outside the country.
2. All children born within the country are required to be
listed with the Dzongkhag or the Dungthag of their birth.
Children of Bhutanese parents born in other countries should
be recorded with the Royal Bhutanese Embassies. Where there
are no Embassies nearby, the information should be conveyed
to the Home Ministry through correspondence.
3. If a child is more than one year and not registered
within that period, registration is not permitted but may
apply for registration to the Home Ministry by the concerned
local authority. The Home Ministry will then investigate the
matter before granting permission for the registration.
Validity of Census Record
JA
1. All census reports must bear the Seal of the Royal
Government and the signature of an officer not lower in rank
than a Dzongdag. Other records will not be acceptable.
Enquiry of Kashog
NYA
1. All Kashogs with the people which were not granted by
His Majesty will be investigated into by the Home Minister
and reported to the Royal Government.
Penalty for Violation of Rules
TA
1. Anyone having acquired Bhutanese citizenship involved
in act against the King or speaking against the Royal
Government or being in association with people involved in
activities against the Royal Government shall be deprived of
their Bhutanese Citizenship.
2. In the case of any person knowingly presenting false
information at the time of applying for citizenship, the
Kashog granting him/her citizenship will be withdrawn after
due verification of the false information presented.
THA: Status of the Provision
1. In case of conflict between the provisions of this Act
and the provisions of any previous laws, rules and
regulations, provisions of this Act shall prevail.
The Bhutan
Citizenship Act, 1985
This act may be called the
Bhutan Citizenship Act, 1985. It shall come into force
from twenty-third day, 4th month of the Wood Bull year of the
Bhutanese calender corresponding to June 10, 1985. In case of
conflict between the provisions of this Act and the provisions
of any previous laws, rules and regulations relating to
citizenship, the provisions of this act shall prevail.
2. Citizenship by birth
A person whose parents are both
citizens of Bhutan shall be deemed to be a citizen of Bhutan
by birth.
3. Citizenship by registration
A person permanently domiciled in
Bhutan on or before December 31, 1958 and, whose name is
registered in the census register maintained by the Ministry
of Home Affairs shall be deemed to be a citizen of Bhutan by
registration.
4. Citizenship by
naturalization
A person shall be deemed to apply
for Bhutanese citizenship to the Ministry of Home Affairs in
Forms KA-1 and KA-2 must fulfill all the following conditions
to be eligible for naturalization:
i. The person must have
attained the age of 21 years, and 15 years in the case of a
person either of whose parents is a citizen of Bhutan;
ii. The person must be mentally sound;
iii. The person must have resided in Bhutan for 15 years in
the case of Government employees and also in the case of
applicants, either of whose parents is a citizen of Bhutan
and 20 years in all other cases, and this period of
residence must be registered in the records of the
Department of Registration;
iv. The person must be able to speak, read and write
Dzongkha proficiently;
v. The person must have good knowledge of the culture,
customs, traditions, and history of Bhutan;
vi. The person must have good moral character and should not
have any record of imprisonment for criminal offenses in
Bhutan or elsewhere;
vii. The person must have no record of having spoken or
acted against the King, country and people of Bhutan in any
manner whatsoever; and
viii. The person must be prepared to take a solemn Oath of
Allegiance to the King, Country and People of Bhutan
according to the prescribed Form KHA. On receipt of the
application Form KA-1 and KA-2 for naturalization, the
Ministry of Home Affairs will take necessary steps to check
all the particulars contained in the application. The
Ministry of Home Affair will also conduct written and oral
tests to assess proficiency in Dzongkha and knowledge of the
culture, customs, traditions and history of Bhutan. The
decision of the Ministry of Home Affairs on the question of
eligibility for naturalization shall be final and binding.
The Royal Government of Bhutan also reserves the right to
reject any application for naturalization without assigning
any reason.
5. Grant of citizenship
a. A person whose application
for naturalization has been favourably considered by the
Ministry of Home Affairs, shall take the Oath of Allegiance
according to the Form KHA of this Act.
b. A person shall then be deemed to be a citizen of Bhutan
upon receiving a Kashog from His Majesty the King of Bhutan
in accordance to Form GA of this Act.
6. Termination of citizenship
a. Any citizen of Bhutan who
acquires the citizenship of another country shall cease to
be a citizen of Bhutan. The wife/husband and children of
that person if they are Bhutanese citizens shall have the
right to remain as citizens of Bhutan provided they are
permanently domiciled in Bhutan and are registered annually
in the Citizenship Register maintained by the Ministry of
Home Affairs.
b. Any citizen of Bhutan who has acquired citizenship by
naturalization may be deprived of citizenship at any time if
it is found that naturalization had been obtained by means
of fraud, false representation or the concealment of any
material fact.
c. Any citizen of Bhutan who has acquired citizenship at any
time, if that person has shown by act or speech to be
disloyal in any manner whatsoever to the King, Country and
People of Bhutan.
d. If both the parents are Bhutanese and in case the
children leaving the country of their own accord, with the
knowledge of the Royal Government of Bhutan and their names
are also not recorded in the Citizenship register maintained
in the Ministry of Home Affairs, then they will not be
considered as citizens of Bhutan. (Resolution No. 16(2)
adopted by the National Assembly of Bhutan in the 62nd
Session.)
e. Any citizen of Bhutan who has been deprived of Bhutanese
citizenship must dispose off all immovable property in
Bhutan within one year, failing which, the immovable
property shall be confiscated by the Ministry of Home
Affairs on payment of fair and reasonable compensation.
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