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ជ្រើសរើសភាសា:

The Law on Nationality (008/0618)

ROYAL KRAM

NS/RKM/0618/008

We

Preahkarona Preahbath Samdech Preahboromneath NORODOM SIHAMONI

Saman Phoum Cheat Sasna Rokhatkhatheya Khemerarothreastr Puthintreathoramohaksat

Khemreachnea Samohorpheas Kampuch Ekreach Roathboronaksanteh Sopheakmangkolea Sereyvibolar Khemerasreypireastr Preahchao Krong Kampuchea Thibadey

 

  • Having seen the Constitution of the Kingdom of Cambodia;
  • Having seen the Royal Decree No. NS/RKT/0913/903 dated 24 September 2013 on the Appointment of the Royal Government of Cambodia;
  • Having seen the Royal Kram No. 02/NS/94 dated 20 July 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers;
  • Having seen the Royal Kram No. NS/RKM/0196/08 dated 24 January 1996 promulgating the Law on the Establishment of the Ministry of Interior;
  • Having seen the proposal of Samdech Akka Moha Sena Badei Techo Hun Sen, the Prime Minister of the Kingdom of Cambodia.

Hereby Promulgate

            The Law on nationality, which was approved by the National Assembly on 31 May 2018 in the tenth session of its fifth legislative term, and whose formality and legality were completely reviewed by the Senate on 11 June 2018 in the first plenary session of its forth legislative term, with the whole content as follows:

CHAPTER 1

GENERAL PROVISIONS

Article 1.-

            The purpose of this law is to ensure the exercise of the jurisdiction of the Kingdom of Cambodia over natural persons in order to determine the rights to acquire and relinquish Khmer nationality for the persons who live in the territory of the Kingdom of Cambodia or abroad, and who meet the requirements of this law.

Article 2.-

            The objective of this law is to determine:

  • The acquisition of Khmer nationality at birth;
  • The acquisition of Khmer nationality by full adoption;
  • The acquisition of Khmer nationality by marriage;
  • The acquisition of Khmer nationality through naturalization;
  • The loss of Khmer nationality.

Article 3.-

            This law shall apply to all the natural persons who are born or live in the territory of the Kingdom of Cambodia or abroad.

Article 4.-

            The key vocabulary used in this law is defined as follows:

  1. Khmer nationality refers to the legal and political relationship that binds a natural person with the Kingdom of Cambodia.
  2. Claim for Khmer nationality refers to the right to apply for Khmer nationality which results from a legal marriage relationship between a foreigner and a Khmer citizen.
  3. Naturalization refers to the grant of Khmer nationality by foreigner’s application, depending on the conditions of residence, investment, gifts in cash, and special qualification or significant achievement.

CHAPTER 2

COMPETENT INSTITUTION

Article 5.-

          The Ministry of Interior is responsible for the enforcement of law on nationality.

CHAPTER 3

GENERAL PROVISIONS

Article 6.-

          Any person having Khmer nationality is a Khmer citizen.

Only Khmer citizen has the right to obtain and hold a Khmer national identity card and passport of the Kingdom of Cambodia.

Article 7.-

The Khmer citizen shall not be deprived of nationality, exiled or extradited to any foreign country unless there is a mutual agreement.

Article 8.-

          The Khmer citizen living in the foreign countries shall:

  1. Be protected by the state through all ways of diplomacy.
  2. Not automatically lose his/her nationality.

CHAPTER 4

KHMER NATIONALITY AT BIRTH AND KHMER NATIONALITY BY FULL ADOPTION

SECTION 1

KHMER NATIONALITY AT BIRTH

Article 9.-

  1. Shall have Khmer nationality regardless of the place of birth:
  • A child born from a parent having Khmer nationality or;
  • A child whose parents do not acknowledge when the court issues a verdict stating that the child is actually born from a parent having Khmer nationality.
  1. Shall obtain Khmer nationality for being born in the Kingdom of Cambodia.
  • A child born from a foreign parent who is born and legally lives in the Kingdom of Cambodia;
  • A child born from an unknown parent and a foundling found in the Kingdom of Cambodia, who shall also be regarded as being born in the Kingdom of Cambodia.

SECTION 2

KHMER NATIONALITY BY FULL ADOPTION

Article 10.-

          A foreign child who is fully adopted by a Khmer citizen spouse shall obtain Khmer nationality when the full adoption is established in accordance with the laws in force.

CHAPTER 5

KHMER NATIONALITY BY MARRIAGE

Article 11.-

          A foreign woman or man, who is married to a husband or wife of Khmer citizenship, may claim Khmer nationality only if the aforementioned foreigner has been living together for three years after the marriage registration, and resident for at least full 12 (twelve) months in the Kingdom of Cambodia.

The claim for Khmer nationality as a family unit for a mother or father foreigner who has minor children shall be validated.

Article 12.-

          The foreigner who may claim Khmer nationality by marriage shall meet the following requirements:

  1. Having good thought, behavior and morals.
  2. Having no conviction of any crime or misdemeanor.
  3. Having residence in the Kingdom of Cambodia when applying for Khmer nationality by marriage.
  4. Being able to speak Khmer, know Khmer language and understand some Khmer history.
  5. Having intelligence and physical fitness which are neither harmful nor burdensome to the nation.

Article 13.-

          A foreigner who claims Khmer nationality by marriage may apply for a change to Khmer name. In this case, the new name must be stated in his/her application form for Khmer nationality.

Article 14.-

          In the event that the competent authority refuses to the claim for Khmer nationality, the claimant shall have the right to file a complaint.

Article 15.-

          The modality and procedure for claiming Khmer nationality as well as the procedure for filing a complaint shall be specified by a sub-decree.

The decision on the grant of Khmer nationality by marriage shall be made by a royal decree.

Article 16.-

          The person who is granted Khmer nationality by marriage shall take an oath before the Supreme Court.

The content of the oath shall be specified by a sub-decree.

Article 17.-

          The Khmer citizen shall not lose Khmer nationality due to the marriage with a foreigner.

CHAPTER 6

NATURALIZATION

Article 18.-

          A foreigner may apply for Khmer nationality through naturalization.

The naturalization is not the applicant’s right but it is the sole favor of the Kingdom of Cambodia. In any event, the application may be rejected by discretion.

Article 19.-

          The immigrated foreigner who may claim a Khmer nationality through marriage shall meet the following requirements:

  1. Having good thought, behavior and morals.
  2. Having no conviction of any crime or misdemeanor.
  3. Having residence in the Kingdom of Cambodia and regular stay for a period of 7 (seven) years from the date of issuance of a residence permit to an immigrated foreigner under the immigration law.
  4. Having residence in the Kingdom of Cambodia and a residence permit issued under the immigration law for foreigners as defined in the articles 21 and 22 of this law.
  5. Being able to speak Khmer, know Khmer language and understand some Khmer history, and prove that s/he is able to harmoniously live in Khmer society and acquire good Khmer custom and tradition.
  6. Having intelligence and physical fitness which are neither harmful nor burdensome to the nation.

Article 20.-

          For any immigrated foreigner who is born in the Kingdom of Cambodia, the period of stay of seven (7) years as stated in the point 3 of article 19 of this law shall be reduced to 3 (three) years.

Article 21.-

          Any immigrated foreigner who has been legally permitted to make investment by a competent institution, and has spent the actual investment capital in the Kingdom of Cambodia may apply for Khmer nationality through naturalization in the event that the aforementioned foreigner has fulfilled the conditions stipulated in the points 1, 4, 5 and 6 of article 19 of this law and has legally lodged at least full 12 (twelve) months in the Kingdom of Cambodia.

The amount of capital, priority sector and the type of investment projects, as well as other conditions, shall be specified by a sub-decree.

Article 22.-

          Any foreigner who has made a cash donation to the national budget for the benefit of economic, social or humanitarian development in the Kingdom of Cambodia, s/he may apply for Khmer nationality if s/he has fulfilled the conditions specified in the points 1, 2, 4 and 6 of article 19 of this law and lodged for at least full 12 (twelve) months in the Kingdom of Cambodia.

The amount of cash donations to the national budget or humanitarian sector shall be specified by a sub-decree.

Article 23.-

          The foreigner who has proved that s/he has had special qualification or significant achievement for the benefit of the Kingdom of Cambodia and has been recognized by the Royal Government of Cambodia may apply for Khmer nationality through naturalization in the event that the aforesaid person has met the conditions as stated in the points 1, 2, 6 of article 19 of this law.

Article 24.-

          The foreign having spouse or minor children who wish to apply for Khmer nationality through naturalization may submit an application form as a family unit.

Article 25.-

          The foreigner may change his/her name to Khmer. In this case, the new name must be specified in his/her application form for naturalization.

Article 26.-

          The modality and procedure of application for a Khmer nationality through naturalization shall be specified by a sub-decree.

The decision on the grant of Khmer nationality through naturalization shall be made by a royal decree.

Article 27.-

          The person who is granted a Khmer nationality through naturalization shall take an oath before the Supreme Court.

The content of the oath shall be specified by a sub-decree.

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