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Bhutan
Citizenship Act, 1985
1. This
Act may be called the Bhutan Citizenship Act, 1985. It shall come
into force from the twenty third day of the fourth month of Wood
Bull year of the Bhutanese calendar corresponding to 10th
June, 1985. In case of conflict between the 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 31st December 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 desiring 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:
a. 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;
b. The
person must be mentally sound;
c.
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 Immigration and Census;
d. The
person must be able to speak, read and write Dzongkha proficiently;
e. The
person must have good knowledge of the culture, customs, traditions
and history of Bhutan;
f. The
person must have good moral character and should not have any record
of imprisonment for criminal offences in Bhutan or elsewhere;
g. The
person must have no record of having spoken or acted against the
King, Country and People of Bhutan in any manner whatsoever, and
h. 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 for naturalization, the Ministry of Home Affairs will take
necessary steps to check all the particulars contained in the
application. The Ministry of Home Affairs will also conduct written
and oral tests to access 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.
Grant of Citizenship:
a. A
person, whose application for naturalization has been favourable
considered by the Ministry of Home Affairs, shall take the Oath of
Allegiance according to Form KHA of this Act.
b. A
person shall then be deemed to be a citizen of Bhutan upon receiving
a Kasho from His Majesty the King of Bhutan according to Form GA of
this Act.
Termination of Citizenship:
a. Any
citizen of Bhutan who acquired the citizenship of another country
shall cease to be a citizen of Bhutan. The wife/husband and children
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 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 by naturalization may
be deprived of 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 of the children leaving
the country of their own accord, without 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 its 62nd
Session).
e. Any
citizen of Bhutan who has been deprived of Bhutanese citizenship
must dispose of 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.
END
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Bhutan Citizenship Act, 1977
Conditions Required for the Grant of
Citizenship:
KA
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In
the case of government servants an applicant should have completed
15 years of service without any adverse record.
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In the case of those
not employed in the Royal Government, an applicant should have
resided in Bhutan for a minimum period of 20 years.
-
In addition, an
applicant should have some knowledge of the Bhutanese language
both spoken and written and the history of Bhutan. Only those
applicants who fulfill the above requirements may apply for grant
of citizenship to the Ministry of Home Affairs, which will
ascertain the relevant factors and submit the application to the
Royal Government for further action.
Eligibility and Power to Grant Citizenship:
KHA
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 shall not be granted citizenship even if all the other
conditions are fulfilled.
3. A
person granted citizenship by the Royal Government is required to
register his/her name in the record of the Royal Government from the
date of the grant of the citizenship.
4. All
those granted citizenship are required to take the following oath to
be administered by the Home Minister
i. Henceforth,
I owe allegiance only to His Majesty the Druk Gyalpo of Bhutan.
ii. I
shall abide by observe and the laws and regulations of the Royal
Government with unswerving reverence.
iii. I
shall observe all the customs and traditions of the people of
Bhutan.
iv. I
shall not commit any act against the TSA-WAS-SUM of Bhutan (the
country, the people and the King).
v. As
a citizen of Bhutan, I hereby take this oath in the name of Yeshey
Goempo and undertake to serve the country to the best of my ability.
Special Grant
of Citizenship
GA
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 & Re-application of Citizenship:
NGA
1.In
the case of 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 emigrate with his/her
family. Permission will be granted after an investigation of the
circumstances relating to such a request. After grant of permission
to emigrate, the same person may not re-apply for Bhutanese
citizenship. In the event of adult family members of any person
permitted to leave the country, who do 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 a real Bhutanese or a foreigner granted
citizenship, applies for permission to emigrate during times of
crises 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 their children will not be considered as Bhutanese citizens. If
they desire Bhutanese citizenship, such cases will be considered in
conformity with the procedure laid down in this Act applicable to
foreigners applying for citizenship.
2.When a Bhutanese man is married to foreign woman their children
will be considered Bhutanese. The wife will have to fulfil 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 Thrimyic KA 12-2:
KA-12(2)
1.With the exception of a genuine Bhutanese whose family is
domiciled in Bhutan but he himself has to stay away in another
country in connection with the works of the Royal Government,
private business or religious practices, all others who live in
foreign countries and serve the government and people of such
countries or have settled in a foreign country or are holding
official posts in a foreign government are considered non-nationals.
Registration Procedure:
CHHA
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 Dungkhag of their birth. Children of
Bhutanese parentage born in other countries should be recorded with
the Royal Bhutanese Embassies. Where they are no Embassies nearby
the information should be conveyed to the Home Ministry through
correspondence.
3.If a child is more than one year old and still not registered in
the official record, registration is not permitted but may be
applied for 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 records must bear the seal of Royal Government and the
signature of an officer not lower in rank than a Dzongdag. Other
records will not be acceptable.
Enquiry of Kashos:
NYA
1.All Kashos with the people which were not granted by His Majesty
the King will be investigated by the Home Minister and reported to
the Royal Government.
Penalty of Violation of Rules:
TA
1. Any
one having acquired Bhutanese citizenship if involved in acts
against the King or speaks against the Royal Government or
associates with people involved in activities against the Royal
Government shall be deprived of his/her Bhutanese citizenship.
2. In
the case of any person knowingly presenting false information at the
time of applying for citizenship, the Kasho granting him/her
citizenship will be withdrawn after due verification of the false
information presented.
Status of the Provision:
THA1.
In case of conflict between the provisions of this Act and the
Provisions of any previous laws, rules and regulations, the
provisions of this Act shall prevail.
END
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Bhutan Marriage Act, 1980
Marriage with a Non-Bhutanese
KHA
2-1: If a Bhutanese citizen wants to obtain a marriage certificate
from a court of law to enter into matrimony with a non-Bhutanese
spouse whether residing in the kingdom or outside, he/she will be
required to produce two persons as guarantors before the court. One
of them must be a reliable Bhutanese citizen in the knowledge of the
court and both of them must possess thorough knowledge about the
bridge and the groom. Thereafter, the matter shall be processed in
accordance with the article KHA 1-5 as mentioned above (Ref-Thrimshung
1957, article KHA 2-2).
A non-Bhutanese married
to a Bhutanese citizen must abide by the traditional customs and the
citizenship act.
KHA 2-2: The question whether a non-Bhutanese
spouse shall acquire Bhutanese citizenship or not whether he/she
shall be allowed to live in the kingdom or not shall depend on the
citizenship act, traditional and cultural requirements and the
government directives issued from time to time.
Rules and regulations to be followed by a
non-Bhutanese married to a Bhutanese citizen.
KHA 2-3: A non-Bhutanese married to a Bhutanese
spouse must abide by the following rules and regulations
irrespective of whether he/she acquires citizenship.
Promotions shall not be granted to a Bhutanese
citizen married to a non-Bhutanese
KHA 2-4: Any Bhutanese citizen working under the
Government of Bhutan shall not be granted promotion with effect from
June 11, 1977, if married to a non-Bhutanese or such a person will
never get promotion beyond the post he/she held at the time of
marriage with the non-Bhutanese. Such a person shall not be promoted
beyond the post of a sub-divisional officer.
Promotions shall not be granted to a Bhutanese
citizen married to a non-Bhutanese.
KHA 2-5: Whichever post a Bhutanese citizen held
prior to marriage with a non-Bhutanese or prior to June 11, 1977,
such a person shall not be granted promotion beyond the post he held
from the date of marriage with the non-Bhutanese or after June 11,
1977.
A Bhutanese citizen married to a non-Bhutanese
shall not be employed in the national defence department or in the
Ministry of Foreign Affairs.
KHA 2-6: Any Bhutanese citizen employed in the
national defence department or in the Ministry of Foreign Affairs
shall be removed from such services if he/she is married to a
non-Bhutanese. No Bhutanese shall be employed in these two
departments if married to a non-Bhutanese.
A Bhutanese citizen married to a non-Bhutanese
shall not get facilities enjoyed by other citizens.
KHA 2-7: A Bhutanese citizen whatever status
he/she may enjoy shall be entitled to other facilities and welfare
of the government including the following assistance upon marriage
with a non-Bhutanese.
a. Distribution
of land
b. Cash
loans
c. Seeds
for cultivation and oxen for ploughing fields
d. Livestock
and income generating livestock schemes of the department of Animal
Husbandry
e. Treatment
abroad and
f. Grant
of capital for factory, industry or trade.
A Bhutanese married to a non-Bhutanese shall not
be entitled to education and training abroad.
KHA 2-8: A Bhutanese citizen receiving education
and training under the government funding shall not be entitled to
the following facilities and welfare upon marriage with a
non-Bhutanese:
a. No
assistance shall be provided by the government to undertake
education or training either inside Bhutan or outside.
b. Government
assistance being rendered for education or training shall be
discontinued from the day of marriage.
c. The
expenses incurred by the government on education or training until
the day of marriage will be required to be refunded to the
government.
d. A
Bhutanese citizen undergoing education or training abroad under a
foreign scholarship shall lose it immediately upon marriage with a
non-Bhutanese. In such a case the government of Bhutan shall request
the concerned foreign government to stop the funding.
Religion of non-Bhutanese married to a
Bhutanese citizen.
KHA 2-9: If a non-Bhutanese married to a
Bhutanese citizen is allowed to live in the kingdom, then, he/she
shall not be permitted to preach other religion or start a new
religion except the religion of the kingdom of Bhutan.
A non-Bhutanese married to a Bhutanese citizen
shall be required to follow the culture of the kingdom and the
government orders.
KHA 2-10: A non-Bhutanese married to a Bhutanese
citizen, if allowed to live in the kingdom irrespective of whether
he/she acquires the Bhutanese citizenship shall be required to
follow the traditional customs, government orders and laws in force
in the kingdom.
A non-Bhutanese married to a Bhutanese citizen
shall be required to comply with the Marriage Act.
KHA 2-11: A
non-Bhutanese married to a Bhutanese citizen irrespective of whether
he/she acquires Bhutanese citizenship or not shall be required to
abide by the rules included in the provisions of this Marriage Act
on all matters of Marriage.
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