1

This law may be called the Nationality Law of Bhutan, 1958 and it 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

[b]

If any person is born within or outside Bhutan after the commencement of this law provided the previous father is a Bhutanese National at the time of his/her birth.

4

[1]

If any foreigner who has reached the age of majority and is otherwise eligible, presents a petition to an official appointed by His Majesty the Druk Gyalpo and takes an oath of loyalty according to the rules laid down by the official, he may be enrolled as a Bhutanese National provided that:-

[a] The person is a resident of the Kingdom of Bhutan for more than ten years;

and

[2]

If a woman, married to a Bhutanese National, submits a petition -and takes the oath of loyalty as stated above to the satisfaction of the concerned official, and provided that she has reached the age of majority and is otherwise eligible, her name may be enrolled as a Bhutanese National.

[3]

If any person has been deprived of his Bhutanese Nationality or has renounced his Bhutanese Nationality or forfeited his Bhutanese Nationality, the person cannot become a Bhutanese National again unless His Majesty the Druk Gvalpo grants a approval to do so.

5

[1]

If any foreigner submits a petition to His Majesty the Druk Gyalpo according to the 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 rules laid down by the Government and from that day onwards, his name will be enrolled as a Bhutanese National.

[2]

Any foreigner who has reached the age of majority and is otherwise eligible, can receive a Nationality Certificate provided that in the opinion of His Majesty the Druk Gyalpo his conduct and his service as a Government servant is satisfactory.

6

Any person who:

[a] becomes a National of a foreign country and resides in that country;

or

or

or

or

shall forfeit his Bhutanese nationality.

7

[1]

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.

[2]

[a]

If any citizen or national, engages in activities against His Majesty the Druk Gyalpo or speaks against His Majesty, or the people of Bhutan;

Or

[b]

When Bhutan and India is engaged in a war with some other country if any citizen or national of Bhutan is found indulging in business, correspondence or helping the enemies;

Or

[c]

If any person within a 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 Bhutanese nationality without prior notice.

8.

To implement this law, His Majesty the Druk Gyalpo may incorporate additional rules if necessary.

9

This law supersedes all laws, rules and regulations, ordinances relating to the acquisition and forfeiture of nationality from the day of its commencement

The Bhutan Citizenship Act, 1977.

Condition Required for the Grant of Citizehship

KA

1.

In the case of Government servants an applicant should have completed 15 years of service any adverse record.

2.

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.

3.

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 facts 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 required 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 Citizenship.

4.

Ali 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 and observe the Laws and Rules 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-WA-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.

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 a 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 &tens residing in other countries, the Citizenship Law subhead KA-12 No: 2 which is reproduce 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 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 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 the 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 for 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 :

THA

1.

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.

The 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 the Wood Bull year of the Bhutanese calendar corresponding to 10th June, 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 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 fulfil 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 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 Form KHA of this Act.

[b]

A person shall then be deemed to be a citizenof Bhutan upon receiving a Kasho from His Majesty the King of Bhutan according 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 were 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 by naturalization may be de rived 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. 18 [21 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.