2018 柬埔寨國籍法 | 獲取柬埔寨國籍的完整指南
發布日期:2024年8月2日
作者: Candy
目錄
簡介
2018年柬埔寨國籍法提供了詳細的法律程序,供在柬埔寨國內外居住的個人獲得和放棄柬埔寨國籍。本指南將幫助您了解該法律的關鍵條款及其應用。
法律背景
2018年柬埔寨國籍法於2018年6月21日由柬埔寨國王諾羅敦·西哈莫尼簽署,並於同年9月24日生效。該法律取代了1996年頒布的國籍法,旨在更新和完善國籍取得及放棄的條款和程序。
如何獲得柬埔寨國籍
根據2018年柬埔寨國籍法,有以下幾種方式可以獲得柬埔寨國籍:
- 出生:任何父母之一為柬埔寨國籍的子女,不論出生地,都自動獲得柬埔寨國籍。
- 合法收養:合法收養的外國子女可以獲得柬埔寨國籍。
- 婚姻:與柬埔寨公民結婚並居住滿三年,且在柬埔寨合法居住至少12個月的外國人可以申請柬埔寨國籍。
- 歸化入籍:符合居住、投資、捐贈或對國家有特殊貢獻條件的外國人可以通過歸化程序獲得國籍。
申請條件:
- 良好的道德行為
- 無重大犯罪記錄
- 熟練掌握高棉語和柬埔寨歷史
- 良好的心理和身體健康
喪失柬埔寨國籍的條件
柬埔寨國籍法允許自願放棄國籍的個人進行申請。具體條件包括:
- 年滿18歲且已獲得其他國家的國籍。
- 父母或監護人可以為未成年子女申請放棄國籍。
相關法規與處罰
非法持有或使用柬埔寨國籍身份證或護照的非柬埔寨公民將面臨五至十年監禁。偽造相關證件者也將面臨同等處罰。此外,任何協助他人非法獲得國籍身份的個人,包括政府官員,也將面臨相應懲罰。
常見問題
1. 我可以保留雙重國籍嗎? 根據柬埔寨國籍法,柬埔寨公民不得因婚姻而喪失國籍,因此可以保留雙重國籍。
2. 歸化入籍的程序需要多長時間? 通常需要至少7年的合法居住,特定情況下可縮短至3年或12個月。
3. 需要哪些文件? 申請者需要提供有效的居住證明、無犯罪記錄證明、高棉語能力證明等。
希望這篇文章能幫助您更好地理解2018年柬埔寨國籍法。如需更多資訊或專業法律建議,請聯繫專業律師或相關機構。
關鍵詞:2018年柬埔寨國籍法,柬埔寨國籍,如何獲得柬埔寨國籍,柬埔寨歸化入籍,柬埔寨雙重國籍
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柬埔寨國籍法Cambodian Nationality Law 2018
Royal Code
We,
N.S/R.K.M/0618/008
To the respected and noble Monarch, His Majesty King Norodom Sihamoni, Guardian of the Nation and Religion of Cambodia, Great King of Cambodia, Protector of Peace and Prosperity, Leader of the Cambodian People, Honorable King of Cambodia, Supreme Head of State of Cambodia.
- Considering the Constitution of the Kingdom of Cambodia;
- Considering the Royal Decree No. N.S/R.K.T/0913/903 dated September 24, 2013, on the Appointment of the Royal Government of Cambodia;
- Considering the Royal Decree No. 02/N.S/94 dated July 20, 1994, promulgating the Law on the Organization and Functioning of the Council of Ministers;
- Considering the Royal Decree No. N.S/R.K.M/0196/08 dated January 24, 1996, promulgating the Law on the Establishment of the Ministry of Interior;
- Considering the notification of the Prime Minister of the Kingdom of Cambodia, Samdech Akka Moha Sena Padei Techo Hun Sen;
Hereby Promulgate The Nationality Law, which was adopted by the National Assembly on May 31, 2018, at the 10th session of its 5th Legislature, and thoroughly reviewed by the Senate in its 1st Plenary Session of the 4th Legislature on June 11, 2018, as follows:
Chapter 1: General Provisions
Article 1
This law aims to set the legal procedures for obtaining and renouncing Cambodian nationality for those residing in or outside the Kingdom of Cambodia who meet the prescribed conditions.
Article 2
This law stipulates:
- Acquisition of Cambodian nationality by birth;
- Acquisition of Cambodian nationality through legal adoption;
- Acquisition of Cambodian nationality by marriage;
- Acquisition of Cambodian nationality through naturalization;
- Loss of Cambodian nationality;
Article 3
This law applies to persons born or residing within Cambodia or abroad.
Article 4
The main terms used in this law are defined as follows:
- Cambodian nationality: Refers to the legal and political relationship that binds an individual to the Kingdom of Cambodia.
- Application for Cambodian nationality: Refers to the right of foreigners to apply for Cambodian nationality through legal marriage to a Cambodian citizen.
- Naturalization: Refers to the granting of Cambodian nationality to foreigners based on conditions such as residence, investment, cash donations, or special contributions or achievements in the interest of the Kingdom of Cambodia.
Chapter 2: Competent Authority
Article 5
The Ministry of Interior has the authority to implement the Nationality Law.
Chapter 3: Basic Principles
Article 6
- Any person holding Cambodian nationality is a Cambodian citizen.
- Only Cambodian citizens are eligible to hold a Cambodian identity card and passport.
Article 7
Cambodian citizens shall not be deprived of their nationality, expelled, or extradited to any foreign country unless agreed upon by both parties.
Article 8
Cambodian citizens residing abroad shall:
- Be protected by the nation through all diplomatic means;
- Not automatically lose their nationality.
Chapter 4: Acquisition of Cambodian Nationality by Birth and Legal Adoption
Section 1: Acquisition of Nationality by Birth
Article 9
- Regardless of the place of birth, the following persons shall acquire Cambodian nationality:
- Any legitimate child born to parents (father or mother) holding Cambodian nationality, or
- Any child not recognized by their parents (mother or father) when the court determines that the child was indeed born to parents (mother or father) holding Cambodian nationality.
- The following persons born in the Kingdom of Cambodia shall acquire Cambodian nationality:
- Any child born to legally residing foreign parents in the Kingdom of Cambodia.
- Any child of unknown parents (mother or father) and newborns found in the Kingdom of Cambodia shall be considered as being born in the Kingdom of Cambodia.
Section 2: Acquisition of Nationality by Legal Adoption
Article 10
Foreign children legally adopted by Cambodian couples shall acquire Cambodian nationality when the adoption process complies with the current laws.
Chapter 5: Acquisition of Cambodian Nationality by Marriage
Article 11
Foreign men and women married to Cambodian spouses may apply for Cambodian nationality if they live together for three years after the marriage certificate is registered and have resided in Cambodia for at least 12 months. Foreign parents with minor children are also eligible to apply for Cambodian nationality as a family.
Article 12
Foreigners applying for Cambodian nationality through marriage shall meet the following conditions:
- Good conduct and moral behavior;
- No charges of serious crimes or misdemeanors;
- Residing in Cambodia at the time of application;
- Ability to speak Khmer, write Khmer script, and understand some Cambodian history;
- Mental and physical health that does not pose a danger or burden to the nation;
Article 13
Foreigners applying for Cambodian nationality through marriage may choose to adopt a Cambodian name. In this case, the name must be clearly stated in writing at the time of the application for nationality.
Article 14
If the competent authority refuses the application for Cambodian nationality, the applicant has the right to appeal the refusal.
Article 15
The procedures for applying for and appealing Cambodian nationality shall be stipulated by sub-decrees. The granting of Cambodian nationality based on the nationality application shall be decided by Royal Decree.
Article 16
Any person acquiring Cambodian nationality through marriage shall take an oath at the Supreme Court. The content of the oath shall be stipulated by sub-decrees.
Article 17
Cambodian citizens shall not lose their Cambodian nationality due to marriage to a foreigner.
Chapter 6: Naturalization
Article 18
Foreigners may apply for Cambodian nationality through naturalization. Naturalization is not a right of the applicant but a privilege granted by the Kingdom of Cambodia. In any case, the application may be refused at discretion.
Article 19
Foreigners applying for naturalization shall meet the following conditions:
- Good conduct and moral behavior;
- No charges of serious crimes or misdemeanors;
- Holding valid residency documents in the Kingdom of Cambodia and having continuously resided for seven years from the date of obtaining the residency permit within the framework of immigration law;
- Having a residence in Cambodia and holding the residency documents as stated in Articles 21 and 22 of this law;
- Ability to speak Khmer, write Khmer script, and understand some Cambodian history, demonstrating the ability to integrate into Cambodian society and adapt to good Cambodian customs and traditions;
- Mental and physical health that does not pose a danger or burden to the nation;
Article 20
For foreigners born in the Kingdom of Cambodia, the seven-year continuous residence period mentioned in Article 19(3) shall be reduced to three years.
Article 21
Foreigners holding valid investment authorization letters granted by the competent authority and having actual capital investment in the Kingdom of Cambodia, if meeting the conditions of Article 19(1), (2), (4), (5), and (6) of this law, and having legally resided in Cambodia for at least 12 months, may apply for Cambodian nationality through naturalization. The investment amount, priority sectors, types of investment projects, and other conditions shall be stipulated by sub-decrees.
Article 22
Foreigners making donations in the fields of socio-economic development and humanitarian efforts in the Kingdom of Cambodia, if meeting the conditions of Article 19(1), (2), (4), and (6) of this law, and having legally resided in Cambodia for at least six months, may apply for Cambodian nationality. The donation amounts for the national budget and humanitarian fields shall be stipulated by sub-decrees.
Article 23
Foreigners who have made special contributions or achievements in the interest of the Kingdom of Cambodia, recognized by the Royal Government of Cambodia, if meeting the conditions of Article 19(1), (2), and (6) of this law, may apply for Cambodian nationality through naturalization.
Article 24
Foreigners intending to apply for Cambodian nationality, along with their spouses or minor children under the age of 18, may apply as a family unit.
Article 25
Foreigners may apply to adopt a Cambodian name. In this case, the name must be stated in writing at the time of the nationality application.
Article 26
The procedures and forms for applying for Cambodian nationality shall be stipulated by sub-decrees. The granting of Cambodian nationality based on the nationality application shall be decided by Royal Decree.
Article 27
Persons authorized to acquire Cambodian nationality through naturalization shall take an oath at the Supreme Court. The content of the oath shall be stipulated by sub-decrees.
Chapter 7: Loss of Nationality
Article 28
Any Cambodian national aged 18 or over, acquiring another nationality, may voluntarily renounce their Cambodian nationality. Parents or guardians with minor children may voluntarily renounce Cambodian nationality for the entire family.
Article 29
The procedures and conditions for renouncing nationality shall be stipulated by sub-decrees. The approval for renouncing Cambodian nationality shall be decided by Royal Decree.
Chapter 8: Penalties
Article 30
Non-Cambodian citizens holding or using a Cambodian nationality identity card or passport shall be sentenced to five to ten years in prison. Any person providing a Cambodian nationality identity card or passport to a non-Cambodian citizen, including government officials, shall face the same penalty.
Article 31
Anyone forging a Cambodian nationality identity card or passport shall be sentenced to five to ten years in prison. Scratching, erasing, rewriting, or altering information on a Cambodian nationality identity card or passport shall be considered forgery.
Article 32
Anyone using a forged Cambodian nationality identity card or passport shall be sentenced to two to five years in prison and fined 4,000,000 to 10,000,000 riel.
Article 33
Organizers and accomplices shall face criminal penalties for offenses stated in Articles 30, 31, and 32 of this law, according to the conditions stipulated in the Penal Code.
Article 34
Any person violating offenses stated in Articles 30, 31, and 32 of this law shall face additional penalties stipulated in Article 54 (additional penalties) of the Penal Code.
Article 35
Legal entities shall be responsible for crimes stated in Article 42 (criminal liability of legal entities) of the Penal Code, applicable to offenses stated in Articles 30, 31, and 32 of this law. Legal entities shall be fined 10,000,000 to 100,000,000 riel and face additional penalties stipulated in Article 168 (additional penalties for legal entities) of the Penal Code.
Chapter 9: Transitional Provisions
Article 36
The legal documents related to the implementation of the Nationality Law promulgated by Royal Decree No. N.S/R.K.M/1096/30 shall continue to apply until replaced by new legal instruments.
Chapter 10: Final Provisions
Article 37
The Nationality Law promulgated by Royal Decree No. N.S/R.K.M/1096/30 shall be repealed and replaced by this law.
Article 38
This law shall be urgently promulgated.
Royal Palace, June 21, 2018 [Royal Signature and Seal]
Submitted to His Majesty the King for signature Prime Minister [Signature] Samdech Akka Moha Sena Padei Techo Hun Sen
Submitted to the Prime Minister Deputy Prime Minister, Minister of Interior [Signature] Samdech Kralahoam Sar Kheng
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