Act LV of 1993
on Hungarian Citizenship
In the interest of preserving the moral importance
of Hungarian citizenship and strengthening the attachment
of Hungarian citizens to the Republic of Hungary, also
with regard to the traditions of Hungarian citizenship
law and the provisions of international conventions,
Parliament hereby creates the following Act on the rules
of the derivation, acquisition and termination of Hungarian
(1) There shall be no discrimination between Hungarian
citizens on the basis of the legal grounds of the derivation
or acquisition of citizenship.
(2) No one shall be deprived of their citizenship or
of the right of changing their citizenship on an arbitrary
(3) This Act
- promotes the unity of the citizenship of the family
while respecting the person’s freedom of will;
- promotes the reduction of the cases of statelessness;
- provides for the protection of personal data.
(4) This Act has no retroactive effect. The legal rules
which were in force at the time of the occurrence of
the facts or events affecting citizenship shall apply
to Hungarian citizenship.
(1) A person who is a Hungarian citizen at the date
of the coming into force of this Act and who becomes
a Hungarian citizen through the force of this Act, or
who acquires Hungarian citizenship on the basis of this
Act, shall qualify as a Hungarian citizen, until his
(2) Unless an Act provides otherwise, a Hungarian citizen
who is simultaneously also the citizen of another state
shall be regarded as a Hungarian citizen for the purposes
of the application of the Hungarian law.
Derivation of Hungarian Citizenship
(1) The child of a Hungarian citizen shall become
a Hungarian citizen by birth.
(2) The Hungarian citizenship of the child of a non-Hungarian
citizen parent shall derive with retroactive effect
to the date of birth, if the other parent is a Hungarian
citizen, on the basis of an acknowledgement of paternity
of full force, subsequent marriage, or the establishment
by a judge of fatherhood or motherhood.
(3) Until the contrary is proved, the following shall
be regarded as Hungarian citizens:
a) children born in Hungary of stateless persons residing
b) children born of unknown parents and found in Hungary.
Acquisition of Hungarian Citizenship
(1) On application, a non-Hungarian citizen may be
a) the person resided in Hungary continuously over a
period of eight years preceding the submission of the
b) according to Hungarian law, the person has a clean
criminal record, and at the time of the assessment of
the application, there are no criminal proceedings in
progress against him before a Hungarian court;
c) his livelihood and residence are assured in Hungary;
d) his naturalization does not violate the interests
of the Republic of Hungary; and
e) provides proof that he has passed the examination
in basic constitutional studies in the Hungarian language,
or that of being exempted by virtue of this Act.
(2) A non-Hungarian citizen who resided in Hungary continuously
over at least a period of three years preceding the
submission of the application, and if the conditions
defined in subsection (1), paragraphs b) to e) are satisfied
may be naturalized on preferential terms, provided that
a) the person has lived in a valid marriage with a Hungarian
citizen for at least three years, or the marriage has
been terminated through the spouse’s death;
b) the person’s minor child is a Hungarian citizen;
c) the person has been adopted by a Hungarian citizen,
d) the person has been recognized as a refugee by a
(3) In the case of the satisfaction of the conditions
defined in subsection (1), paragraphs b) to e), on application,
a non-Hungarian citizen claiming to be a Hungarian national
who has lived in Hungary for at least one year at the
time of the submission of the application, and at least
one of whose relatives in ascendent line was a Hungarian
citizen, may be naturalized on preferential terms.
(4) A non-Hungarian citizen who was domiciled in Hungary
for at least five consecutive years before the date
of submission of the application, and if the conditions
defined in Paragraphs b)-e) of Subsection (1) are satisfied,
may be naturalized on preferential terms if the applicant:
a) was born in the territory of Hungary;
b) had established residence in Hungary before reaching
c) is stateless.
(5) The criteria of continuous residence in Hungary,
for the periods of time defined in Subsections (1)-(4),
may be waived in the case of minors, if the minor's
petition for naturalization is submitted together with
that of the parent's or if the minor's parent was granted
(6) Children of minor age may be granted Hungarian citizenship,
if adopted by a Hungarian citizen.
(7) By recommendation of the Minister of Internal Affairs,
the President of the Republic may grant exemption from
the time limit referred to in Subsections (1)-(4) and
from the requirements specified under Paragraphs c)
and e) of Subsection (1) if naturalizing the petitioner
in the overriding interest of the Republic of Hungary.
Basic Constitutional Studies
(1) Petitioners shall take the examination defined
in Paragraph a) of Subsection (1) of Section 4 in the
administrative office responsible for the place of the
petitioner's residence before the committee appointed
by the director of the office.
(2) The following shall be exempt from taking the examination:
a) persons who are legally incompetent or with diminished
b) persons who earned a diploma in the Hungarian language
in a Hungarian institution of higher education;
c) persons over 65 years of age at the time of filing
d) persons who are able to verify not having the capacity
to take the exam, due to their lasting and irreversibly
On application, a person residing in Hungary whose
Hungarian citizenship terminated may be re-naturalized
if the conditions defined in Section 4, subsection (1),
paragraphs b) to d) are satisfied.
(1) By declaration addressed to the President of the
Republic of Hungary the declarant shall be granted Hungarian
citizenship as of the date when it is filed
a) if having been deprived of Hungarian citizenship
by virtue of Act X of 1947 and Act XXVI of 1948 On the
Deprivation of Hungarian Citizenship of Certain Persons
Staying Abroad, or of Act LX of 1948 on Hungarian Citizenship
or Act V of 1957 On Citizenship, or if having lost his/her
citizenship by virtue of Decree No. 7970/1946 ME of
the Government of the Republic of Hungary, Government
Decree 10.515/1947. Korm. or Government Decree 12.200/1947.
Korm., furthermore, whose Hungarian citizenship was
terminated by expatriation between 15 September 1947
and 2 May 1990;
b) if born on the territory of the country and was not
awarded his/her parents' foreign citizenship as a birthright,
under the law of the state where the parents hold citizenship,
provided that the declarant was domiciled in Hungary
on the day of his/her birth and was residing in Hungary
for at least five consecutive years, before the declaration
was filed. The declaration may be filed by persons under
the age of nineteen.
c) if the person was born before 1 October 1957 to a
mother who was a Hungarian citizen and a father who
was a foreign national and if no Hungarian citizenship
was granted by virtue of birth.
(2) If the declaration is approved, the Minister of
Internal Affairs shall issue a citizenship certificate.
(3) The Minister of Internal Affairs shall issue a resolution,
if any criteria for accepting the declaration is missing,
including those prescribed in Sections 13-15 concerning
petitions. Review of such resolutions may be requested
at the Municipal Court of Budapest.
Rules of Competence, Oath and
(1) The President of the Republic shall decide on
applications for the acquisition of Hungarian citizenship
through naturalization or re-naturalization, based upon
the recommendation of the Minister of the Interior.
(2) The President of the Republic shall issue a certificate
of naturalization or re-naturalization attesting the
acquisition of Hungarian citizenship (hereinafter "certificate
(1) Naturalized and repatriated (hereinafter jointly
referred to as 'naturalized') persons shall have the
option to take either a citizenship oath or pledge of
allegiance. The naturalized person shall take the oath
or pledge of allegiance before the mayor of the district
of his/her residence, or, if Subsection (6) or (7) of
Section 4 applies, before the mayor or the director
of the competent foreign representation of Hungary.
If the naturalized person is legally incompetent, the
oath or pledge of alligience shall be taken in his/her
name by his/her guardian.
(2) The naturalized person shall acquire Hungarian citizenship
on the day of the taking of the oath or solemn promise.
The fact and date of the oath or solemn promise shall
be indicated in the certificate of naturalization.
(3) If a naturalized person died before taking an oath
or solemn promise, or got into a condition which prevents
him from taking an oath or solemn promise, he shall
acquire Hungarian citizenship on the day of the issue
of the certificate of naturalization.
(4) Text of the oath of allegiance:
"I, .............................., do solemnly
swear that 1 shall consider Hungary my country. 1 shall
be a loyal citizen of the Republic of Hungary, shall
honour and observe the Constitution and laws thereof.
1 shall defend my country as far as my strength allows,
and shall serve it according to the best of my abilities.
So help me God!"Text of the solemn promise:
"I, .............................., do solemnly
promise that 1 shall consider Hungary my country. 1
shall be a loyal citizen of the Republic of Hungary,
and shall honour and observe the Constitution and laws
thereof. 1 shall defend my country as far as my strength
allows, and shall serve it according to the best of
my abilities allow."(5) The oath of allegiance
and the solemn promise of allegiance are of equal value.
Termination of Hungarian Citizenship
(1) A Hungarian citizen residing abroad may waive
his Hungarian citizenship in a declaration addressed
to the President of the Republic if
a) he also has foreign citizenship or is able to render
the acquisition thereof probable and
(2) If the conditions established in subsection (1)
are satisfied, the Minister of the Interior shall make
a recommendation to the President of the Republic concerning
the acceptance of the waiver. The President of the Republic
shall issue a certificate of the termination of Hungarian
citizenship through waiver. Hungarian citizenship shall
terminate on the day of the issue of the certificate.
(3) The Minister of the Interior shall establish in
a decision if the conditions for the acceptance of the
waiver are not satisfied. The Metropolitan Court may
be requested to review the decision.
(4) The person whose renunciation of Hungarian citizenship
was accepted, may file a petition to the President of
the Republic for reinstatement within one year of the
date of acceptance, if the petitioner did not earn citizenship
in another country.
Revocation of Hungarian Citizenship
(1) Hungarian citizenship may be revoked if it was
obtained through unlawful means, in particular, by the
recipient's conduct aimed at misleading the authorities
by disclosing false or untrue data, or by concealing
any consequential data or information. Hungarian citizenship
may not be revoked after ten years from the date it
(2) The Minister of the Interior shall establish the
existence of a fact giving rise to the revocation of
citizenship in a decision. The Metropolitan Court may
be requested to review the decision.
(3) The President of the Republic shall decide on the
termination of Hungarian citizenship through revocation,
based upon the recommendation of the Minister of the
(4) The decision concerning the revocation of Hungarian
citizenship shall be published in the Hungarian Gazette
(Magyar Közlöny). Hungarian citizenship shall terminate
on the day of the publication of the decision.
Verification of Hungarian Citizenship
Hungarian citizenship may be verified by a valid personal
identity card, a valid Hungarian passport or by a certificate
(1) At the request of the person concerned, the Minister
of the Interior shall certify the existence or termination
of Hungarian citizenship, or the fact that the person
indicated in the certificate is not a Hungarian citizen,
in a certificate of citizenship.
(2) The certificate of citizenship shall be valid for
a period of one year reckoned from issue.
(3) The interested party, a legal representative, the
public prosecutor or the public guardianship authority
may institute legal proceedings with the Metropolitan
Court challenging the facts established in a certificate
If contacted by justice, criminal investigation, alien
police, national security or military administrative
agencies, a notary (chief notary), notary public, consular
and foreign authorities, and by other authorities and/or
state agencies, the Minister of the Interior shall establish
the existence or termination of the client’s Hungarian
citizenship, or the fact that the client is not a Hungarian
Procedure of Citizenship
(1) The declaration and petition filed for citizenship,
the declaration of renunciation of citizenship, and
the application for a citizenship certificate (hereinafter
referred to as 'petition for citizenship') shall be
made out in the Hungarian language using the prescribed
form, and shall be submitted in person to the registrar
of the mayor's office of the district (Budapest district)
of his/her residence, or if the petitioner resides abroad,
to the officer of the competent Hungarian consulate.
(2) The application shall be presented by the registrar
to the Minister of the Interior within eight days, or
by the consul by the first diplomatic mail delivery
reckoned from receipt.
(1) The application for citizenship and the contact
letter referred to in Section 12 shall contain the personal
data of the person concerned (name, address, details
of birth and marriage), the personal data of his ancestors,
and details relating to citizenship and the date of
departure for abroad.
(2) The applicant shall attach his birth certificate
and the documents certifying his marital status, as
well as the documents substantiating the satisfaction
of the conditions defined in Sections 4 to 5, 8 and
11 of this Act for the assessment of the application
(3) If information is missing from the application or
the application does not contain the details necessary
for assessment, the Minister of the Interior may call
upon the applicant to also produce other public documents.
These are in particular: letter of good conduct issued
by the authorities, certificate of citizenship, certificate
of naturalization, re-naturalization and dismissal,
Hungarian passport, certificate of residence, birth
certificate, marriage certificate and death certificate.
(4) Foreign language documents shall be attached to
the application with an authenticated Hungarian translation.
(1) An application for citizenship may be submitted
by a person with full disposing capacity in person,
while on behalf of a person with restricted disposing
capacity or with no disposing capacity, by his legal
(2) On submitting an application for naturalization
and re-naturalization, and a declaration of waiver,
a person with restricted capacity, too, shall be heard.
(3) The declaration of consent of both parents shall
be attached to a minor person’s waiver of his Hungarian
citizenship, unless there is an insuperable obstacle
(4) Spouses or a parent living together with his minor
children or children of age with no disposing capacity
may submit a joint application for naturalization or
re-naturalization, or a joint declaration of waiver
of Hungarian citizenship.
(1) The Minister of Internal Affairs shall send the
certificate of naturalization to the mayor of the district
of the petitioner's residence or, if Subsection (6)
or (7) of Section 4 applies, to the mayor or the officer
of the competent Hungarian consulate.
(2) The oath or pledge of allegiance shall be taken
within two months of receipt of notice. The Minister
of Internal Affairs may grant an extension of this time
limit upon request.
(3) If the oath or solemn promise of allegiance is not
taken within a period of one year of the delivery of
the notice through the applicant’s fault, the decision
on naturalization or re-naturalization shall cease to
(1) The Minister of Internal Affairs shall, within
one year, issue the certificate defined in Subsection
(2) of Section 5/A or adopt the resolution defined in
Subsection (3) of Section 5/A.
(2) The Minister of Internal Affairs shall present his
recommendation concerning a petition for Hungarian citizenship
by naturalization or repatriation, to the President
of the Republic within twenty-one months. The Minister
of Internal Affairs shall present his recommendation
for acceptance of renunciation of citizenship, or shall
adopt the resolution defined in Subsection (3) of Section
8 within six months.
(3) The Minister of Internal Affairs shall resolve the
applications for citizenship certificates and the official
inquiries referred to in Section 12 within three months.
(4) The time limits defined in Subsections (1)-(3) shall
commence on the day of receipt of the declaration, petition,
application or inquiry by the Minister of Internal Affairs,
which may, in justified cases, be extended once by an
additional three months.
(5) A petition for naturalization and repatriation,
and a declaration of renunciation can be revoked before
the final decision of the President of the Republic,
and an application for citizenship certificate can be
revoked before it is issued, in which cases the Minister
of Internal Affairs shall dismiss the procedure.
(6) In citizenship proceedings the petitioner may be
represented by proxy, if personal participation is not
required mandatory by law. The authority conducting
the citizenship procedure shall have powers to investigate
the power of representation, and shall disqualify the
representative if he/she is deemed to lack capacity
or fails to produce adequate proof of authorization.
(7) If the conclusion of a citizenship petition is contingent
upon the resolution of a matter that falls within the
jurisdiction of another authority, the Minister of Internal
Affairs shall suspend the proceeding. If it is within
the right of the petitioner to initiate the procedure
before the other authority in question, the Minister
of Internal Affairs shall advise the petitioner to do
so within a prescribed deadline. If the petitioner fails
to follow up on the advice, the Minister of Internal
Affairs shall dismiss the procedure, shall adopt a decision
or make recommendation to the President of the Republic
based on the information at hand.
Data Protection, Data Supply
The following may gain access to documents of citizenship:
a) the person concerned in the matter, following his
death, his descendants and ancestors;
b) agencies fulfilling justice, criminal investigation
and national security tasks in matters falling within
their authority, in the course of proceedings conducted
by them as regulated by law.
(1) Data related to the granting of Hungarian citizenship,
including those defined in Subsection (1) of Section
14 and in Section 20/A, shall be supplied by the registrar
of the mayor’s office of the district where the residence
of the naturalized person is located, to other registrars,
to the alien-control authority, the refugee authority,
the authority issuing personal identification documents
and to the Central Statistics Office.
(2) Concerning the termination of Hungarian citizenship,
the Minister of Internal Affairs shall notify the authority
registering personal data and addresses of citizens,
the authority issuing birth, marriage and death certificates,
the Central Statistics Office, and in respect of persons
subject to military service, the Ministry of Defense.
(3) In the course of citizenship proceedings, the Minister
of the Interior
a) may gain access to the register of births, marriages
and deaths, the basic documents related thereto, and
may request copies thereof;
b) may request data from and may access to review the
register of the personal data and addresses of citizens;
c) may request data from police records, the register
of convicted criminals and the files of indicted persons,
and also from the prosecutor's offices and the courts;
d) may request the opinion of town clerks, guardians,
the alien-control authorities, and shall request the
opinion of the police and the competent national security
Documents of citizenship may not be discarded, and
the Minister of the Interior shall provide for the safekeeping
and recording thereof.
Change of Name
(1) A foreign national applying for naturalization
or repatriation may concurrently request
a) to be registered under the former family name of
his own or of his ancestors;
b) to waive one or more components of his family name
if applicable, or any designation of gender;
c) to be registered under the Hungarian translation
of his name.
(2) Any petition for change of name shall be substantiated
by official document or expert opinion.
(3) Change of name shall be permitted by the Minister
of Internal Affairs by certificate and it shall take
effect on the day when taking the oath or pledge of
allegiance defined in Section 7.
(4) Any change of name shall be duly registered.
Unless this Act provides otherwise, in legal proceedings
instituted on the basis of the provisions of this Act,
Chapter XX of Act III of 1952 on Civil Proceedings shall
(1) For the purposes of this Act, ‘Hungarian resident’
shall mean a non-Hungarian citizen who resides in Hungary
and has been granted immigrant or refugee status or
a permanent residency permit as well as a national of
another Member State of the European Union who has an
EEA residence permit.
(2) For the purposes of this Act, foreign resident shall
mean, the person who has no registered residence or
domicile in Hungary.
(1) This Act shall come into force on the first day
of the fourth month following its promulgation.
(2) Section 3, subsection (7) of Act 1 of 1981 amending
and establishing the unified text of Act IV of 1957
on the General Rules of State Administration Proceedings
shall be replaced by the following provision: "Section
3, subsection (7) The effect of this Act shall not extend
to contravention and citizenship proceedings."
(3) Simultaneously with the coming into force of this
Act, the following shall cease to have effect:
- Act V of 1957 on Citizenship and Law-Decree 55 of
1957 on the execution thereof;
- Act XXVII of 1990 on the Termination of the Force
of Resolutions Divesting Persons of Their Hungarian
Citizenship and Act XXXII of 1990 providing for its
- Sections 1 and 2 of Act XX of 1991 on the Sphere of
Responsibilities and Competence of Local Governments
and Their Agencies, Commissioners of the Republic and
Certain Central Subordinated Agencies;
- Section 7 of Law-Decree 2 of 1972 on the Amendment
of Certain Council Corporate Spheres of Competence.
(4) The Government is hereby authorized to establish:
a) the detailed rules of the responsibilities of the
Minister of the Interior defined in this Act;
b) the responsibilities in connection with the taking
of oaths and pledges of allegiance;
c) the responsibilities of notaries, registrars and
consuls in connection with the receipt of applications
for citizenship, the forwarding of documents and the
notification of the registries of the authorities;
d) the standard forms to be used in the proceedings;
e) the requirements regarding the examination defined
in Paragraph e) of Subsection (1) of Section 4, and
the duties of the directors of administrative offices
regarding said examination and the procedural order;
the regulations concerning the verification of entitlement
for exemption from the exam, and the contents and security
requirements of the exam certificates.