| Nationality Act of Mongolia | |
|---|---|
 | |
| State Great Khural | |
| |
| Enacted by | Government of Mongolia |
| Signed by | Gombojav J., Deputy Speaker of the State Great Khural |
| Signed | 5 June 1995 |
| Commenced | 15 July 1995 |
| Status: Current legislation | |
The Mongolian nationality law is a nationality law that determines who is a citizen of Mongolia.
Current citizenship law is guided by the 1992 Constitution of Mongolia and the Law of Mongolia on Nationality. [1] The most recent amendments to the act was made on 7 December 2000.
From the Nationality Act of Mongolia [2] :
Article 6. Basis for receiving Mongolian nationality
A person shall become Mongolian citizen through one of the following ways:
- by being born in Mongolia,
- by obtaining Mongolian nationality,
- by reinstating their Mongolian nationality,
- through international treaties and conventions Mongolia has ratified or is a signatory to.
Article 7. A child receiving Mongolian nationality
- If both parents are Mongolian nationals, the child shall receive Mongolian nationality regardless of where they were born.
- A child, whose one parent is a Mongolian national and the other parent is a foreign national, shall receive Mongolian nationality if born in Mongolia. Otherwise, the nationality shall be issued based on written agreement by the parents.
- A child, whose one parent is a Mongolian national and the other parent is a stateless person, shall receive Mongolian nationality regardless of where they were born.
- A child living in Mongolia, whose both parents are unidentified (missing), shall receive Mongolian nationality.
- A child born in Mongolia to foreign parents with valid residency permits can receive Mongolian nationality voluntarily at the age of 16.
- A child with Mongolian nationality adopted to foreign nationals shall retain their nationality until the age of 16.
If both of the parents of a child are Mongolian – irrespective of where the child is born – the child automatically receives Mongolian citizenship. A child born to one Mongolian parent inside of Mongolia is also considered Mongolian.
A child who is within the territory of Mongolia whose parents are not identified is a Mongolian citizen.
From the Nationality Act of Mongolia [2] :
Article 8. Obtaining Mongolian nationality
- A foreign national or a stateless person can obtain Mongolian nationality legally.
Article 9. Conditions for obtaining Mongolian nationality
- The following conditions must be met before obtaining Mongolian nationality:
- have a source of income or capacity to live;
- have adequate knowledge of the culture, the official language and the Constitution of Mongolia and have permanently lived in Mongolia for more than five years upon the day before the application;
- have met additional conditions put forward by the authority for immigration and foreign nationals of Mongolia in accordance with the sub-clauses 1 and 2;
- have not intentionally committed a crime during the period of time stated in the sub-clause 2;
- do not pose a threat to Mongolian diplomatic relations with the home country of the person.
- Clause 1.1 of this article is irrelevant to underaged children and persons who are reinstating their Mongolian nationality under Article 14.
- A person who has accomplished an achievement of outstanding benefit to Mongolia or has a profession of significant importance to Mongolia, or has (or capable of) an exceptional accomplishment in a scientific field can obtain Mongolian nationality by the decree of the President. Clauses 1.1 and 1.2 of this article are irrelevant to persons described in this clause.
Foreigners may apply for citizenship either through the office of the President or through a Mongolian embassy. One must renounce their former nationalities in order to acquire Mongolian nationality. [3]
Mongolians who are adopted by foreigners have "the right to choose his/her own nationality" according to the Family Law of Mongolia, Chapter 7, Article 58.9. [4]
During the Mongolian People's Republic, citizenship was determined by the nationality of the parents. [5] A child with at least one parent with Mongolian citizenship automatically received the nationality of the Mongolian People's Republic, regardless of where they were born. Multiple citizenship was also accepted. The statute was agreed upon by the Mongolian Council of Ministers on 30 December 1974, and detailed further by an Instruction on the Fulfillment of the Statute on 11 April 1975. [5]
Citizenship can be renounced through the President's Office. [6] However, the Mongolian government has been historically unwilling to let educated Mongolians renounce their citizenship. [7]
The involuntary loss of citizenship -- exile -- is banned under the constitution. [1] [6] Mongolian nationals abroad can receive consular assistance government services through embassies and diplomatic missions of Mongolia.
Dual citizenship is not granted by the Mongolian government.
Article 4. Non-recognition of dual citizenship
1. A citizen of Mongolia shall not be recognized as a citizen of a foreign country at the same time.
2. If a foreign citizen wants to become a citizen of Mongolia, he / she must renounce the citizenship of that country. If the law of a foreign country provides for the loss
of citizenship by becoming a citizen of another country, it is not required to renounce the citizenship of that country, and a certificate from the relevant authority must
be obtained.
If an international treaty on dual citizenship to which Mongolia is a party establishes procedures other than those specified in the legislation on citizenship, the provisions of the international treaty shall prevail.
In 2016, Mongolian citizens had visa-free or visa on arrival access to 58 countries and territories, ranking the Mongolian passport 81st in the world according to the Visa Restrictions Index.
Jus soli, meaning 'right of soil', is the right of anyone born in the territory of a state to nationality or citizenship, also commonly referred to as birthright citizenship in some Anglophone countries, is a rule defining a person's nationality based on their birth in the territory of the country. Jus soli was part of the English common law, in contrast to jus sanguinis, which derives from the Roman law that influenced the civil-law systems of mainland Europe.
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.
Italian nationality law is the law of Italy governing the acquisition, transmission and loss of Italian citizenship. Like many continental European countries it is largely based on jus sanguinis. It also incorporates many elements that are seen as favourable to the Italian diaspora. The Italian Parliament's 1992 update of Italian nationality law is Law no. 91, and came into force on 15 August 1992. Presidential decrees and ministerial directives, including several issued by the Ministry of the Interior, instruct the civil service how to apply Italy's citizenship-related laws.
Belgian nationality law provides for the conditions in which a person holds Belgian nationality and is based on a mixture of the principles of jus sanguinis and jus soli.
Dutch nationality law details the conditions by which a person holds Dutch nationality. The primary law governing these requirements is the Dutch Nationality Act, which came into force on 1 January 1985. Regulations apply to the entire Kingdom of the Netherlands, which includes the country of the Netherlands itself, Aruba, Curaçao, and Sint Maarten.
Swedish nationality law determines entitlement to Swedish citizenship. Citizenship of Sweden is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Swedish parent, irrespective of place of birth.
Polish nationality law is based primarily on the principle of jus sanguinis. Children born to at least one Polish parent acquire Polish citizenship irrespective of place of birth. Besides other things, Polish citizenship entitles the person to a Polish passport.
Slovenian nationality law is based primarily on the principles of jus sanguinis, in that descent from a Slovenian parent is the primary basis for acquisition of Slovenian citizenship. However, although children born to foreign parents in Slovenia do not acquire Slovenian citizenship on the basis of birthplace, place of birth is relevant for determining whether the child of Slovenian parents acquires citizenship.
The Nationality law in Nepal are regulated primarily by 2015 Constitution of Nepal, Nepal Citizenship Act 2006 and Nepal Citizenship Regulations 2006. The Nepali Constitution regulates provisions for Nepali nationality in Part 2 from Article 10 to 15. The Nepal Citizenship Act 1964 was first promulgated on 28 February 1964 and provides for single citizenship for the entire country to inherit Nepali nationality. The Nepal Citizenship Act, 2006 was enacted on 26 November 2006. It repeals the 1964 Act and makes further provisions for the acquisition and termination of Nepali citizenship and related. Recently, after the 3rd amendment of the Citizenship Procedures, Non-Resident Nepali are also allowed to have citizenship with limited social, economic and cultural rights.
Japanese Nationality Law details the conditions by which a person holds nationality of Japan. The primary law governing nationality regulations is the 1950 Nationality Act.
Nationality law of Greece is based on the principle of jus sanguinis. Greek citizenship may be acquired by descent or through naturalization. Greek law permits dual citizenship. A Greek national is a citizen of the European Union, and therefore entitled to the same rights as other EU citizens.
Turkish nationality law is based primarily on the principle of jus sanguinis. Children who are born to a Turkish mother or a Turkish father are Turkish citizens from birth. The intention to renounce Turkish citizenship is submitted in Turkey by a petition to the highest administrative official in the concerned person's place of residence, and when overseas to the Turkish consulate. Documents processed by these authorities are forwarded to the Ministry of Interior (Turkey) for appropriate action.
Danish nationality law is governed by the Constitutional Act and the Consolidated Act of Danish Nationality. Danish nationality can be acquired in one of the following ways:
The Romanian nationality law addresses specific rights, duties, privileges, and benefits between Romania and the individual. Romanian nationality law is based on jus sanguinis. Current citizenship policy in Romania is in accordance with the Romanian Citizenship Law, which was adopted by the Romanian Parliament on March 6, 1991, and the Constitution of Romania, which was adopted on November 21, 1991.
Luxembourg nationality law is ruled by the Constitution of Luxembourg. The Grand Duchy of Luxembourg is a member state of the European Union and, therefore, its citizens are also EU citizens.
Multiple citizenship is a person's legal status in which a person is at the same time recognized by more than one country under its nationality and citizenship law as a national or citizen of that country. There is no international convention that determines the nationality or citizenship status of a person, which is consequently determined exclusively under national laws, that often conflict with each other, thus allowing for multiple citizenship situations to arise.
Thai nationality law includes principles of both jus sanguinis and jus soli. Thailand's first Nationality Act was passed in 1913. The most recent law dates to 2008.
Albanian nationality law is based on a mixture of the principles of Jus sanguinis and Jus soli. In other words, both place of birth and Albanian parentage are relevant for determining whether a person is an Albanian citizen. It is regulated by the "Law on Albanian Citizenship". In some circumstances citizenship is granted to children born in Albania to non-Albanian parents. This is not the case where parents are temporary or short-term visitors. As suggested by the United Nations and Council of Europe, all efforts are made in order to avoid statelessness.
Venezuelan nationality law is the law governing the acquisition, transmission and loss of Venezuelan citizenship. It is based on the principle of jus soli: any person born in Venezuela acquires Venezuelan citizenship at birth, irrespective of nationality or status of parents. Venezuelan nationality law is regulated by Section 1 of Chapter 2 of the Constitution of Venezuela and by the Nationality and Citizenship Act of 2004.
The nationality law of Bosnia and Herzegovina governs the acquisition, transmission and loss of citizenship of Bosnia and Herzegovina. Regulated under the framework of the Law on Citizenship of Bosnia and Herzegovina, it is based primarily on the principle of jus sanguinis.
